GEO MILLER & CO. PVT. LTD Vs. STATE

JUDGEMENT

(1.) REPORTABLE To question correctness of the judgment dated April 5, 2016, passed by learned Single Bench in SB Civil Writ Petition No.6613/2015, this appeal is preferred.

(2.) The facts, as unfolded in the judgment impugned, are that to construct and establish a plant known as "UWSS Jodhpur, Takhat Sagar Based Water Supply Works viz. Improvement of New Intake, RW Pump House, RW Pipeline, WIP, CWR and related work ('the facilities') on single responsibility basis turnkey job contract including necessary design, build and operation and maintenance for ten years", the State of Rajasthan invited tenders. The appellant petitioner, a company incorporated under the Companies Act, said to be having experience in the business of establishing Water Treatment Plants, Effluent Treatment Plants, Sewage Treatment Plants throughout the country, submitted bid for the work referred above with all required documents.

(3.) Under office order dated 15.6.2015, the Chief Engineer (Project), Department of Public Health Engineering, Jodhpur, declared the technical bid submitted by the appellant petitioner non responsive. The Chief Engineer concluded that the technical proposals given are non responsive, (i) due to failure to submit form CON -2; 'Historical Contract Non performance'; and (ii) breakup of credit limits available, utilised and balance required as on 4.2.2015.