KARTIK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India is for an appropriate writ/order to quash the decision of the Board of Directors, Bihar Rajya Pool Nirman Nigam Limited (hereinafter to be referred as the 'Nigam') dated 9.3.1999, as contained in Annexure -11, whereby the construction work of Pantoon bridge, across the river Koshi at Vijaya Ghat, connecting Naugachhia and Dholbajja Bazar in the districts of Bhagalpur and Madhepura, was allotted in favour of Bharat Wagon & Engineering Company Limited (respondent no.7), as also the letter dated 8.7.1999, contained in Annexure -14, whereby, the said decision was communicated to the petitioner. I have heard all the relevant parties, therefore, with their consent this writ application is being disposed of at the stage of admission itself.

(2.) FROM the facts on record, it would appear that the Government of Bihar having regard to the need of general public, had sanctioned the concerned pantoon bridge, to be fabricated from steel materials such as, M.S. Plates, M.S. Angles etc. It was also decided to get this project executed by the 'Nigam' a Government Undertaking under the administrative control of the Road Construction Department. Since such a work was to be carried out by healthy skilled personnels, tenders were invited on 28.8.1998 in a daily newspaper, having a value or bill of quantity at Rs.2,79,20,400/ -. Considering the importance of quality and fabrication, the Nigam also decided to make available the steel material components departmentally and, therefore, such a condition was also inserted in the tender document. Two tenders were received, one by the petitioner and the other on behalf of Bharat Wagon & Engineering Company Ltd. (respondent no.7). As per the terms of N.I.T., the tenderers were required to deposit Rs.5,58,500/ - as earnest money in the shape of Post -Office Saving Bank Accounts Pass Book/Post Office Tie De Account (1, 2, 3 or 5 years) and/or National Savings Certificates (Vth, VIth, VIIth or VIIth) issued and pledged in favour of Senior Project Engineer, Bihar Rajya Pool Nirman Nigam Ltd., Works Division, Saharsa. The petitioner did not deposit the earnest money on a plea that the firm was a registered Small Scale Industry (S.S.I.) Unit. The second tenderer i.e. Bharat Wagon and Engineering Company Limited (respondent no.7) deposited the earnest money vide Allahabad Bank Fixed Deposit receipts on being pledged in favour of the 'Nigam'.

(3.) ON behalf of the petitioner, a condition was also imposed in the tender that steel materials will be procured by this tenderer from the Steel Authority of India Limited (SAIL) on a plea that in case of supply by the department, there are chances of undue delay in completion of the bridge.