SARVODAYA SALES Vs. STATE OF RAJ. AND ORS.

JUDGEMENT

(1.) INSTANT petition has been filed by the petitioner basically with the grievance that without the process of public notice inviting tenders dt.19.3.2010 being finalized, the subsequent/later public notice inviting tenders published by the respondent dt.27.8.2010 is in violation of Rule 59 and 61 of the General Financial & Account Rules.

(2.) RESPONDENT -2 issued an open Notice Inviting Tender dt.19.5.2010 for cluster -3 for supply of construction material to Panchayat Samiti Phagi, Jaipur and all such intended bidders who intends to participate have to deposit earnest money @2% of the estimated cost while participating in the process of bid.

(3.) COUNSEL submits that before fresh process inviting tenders being initiated by the respondent, the respondents were under an obligation to call upon the petitioner for negotiation as indisputably he was L -2 in the earlier tender process initiated in reference to NIT dt.19.3.2010 and entails for his right of consideration and negotiation in the process, denial whereof is in violation of Rule 59 of General Financial & Account Rules. Counsel further submits that calling for negotiation is his right and the same could not have been denied by the respondent in an arbitrary manner that too without refunding his earnest money which he had deposited, while issuing fresh process inviting tenders in reference to NIT dt.27.8.2010 and denial of the negotiation which is part of the process, is in violation of Rule 61 of the Rules, of which reference has been made supra.