MANARAM GANPATRAM AND COMPANY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two writ petitions arise out of a common set of events and are thus hereby being decided by this single order.

(2.) The writ petitions are pending for admission since the year 2008 and interim orders are operating since then, in favour of the petitioner. At the insistence of learned Senior counsel Mr.M.R. Singhvi assisted by Mr.Hukam Singh representing the petitioner, both the matters were heard on admission.

(3.) The petitioner firm is a AA class contractor registered with the Public Works Department since the year 1995. Notice inviting tender was issued by the respondent P.W.D. for the work "Widening from single lane to 2-lane C/W with Geometric Improvement and Improvement of Riding Quality on existing C/W from Km.129/0 to 141/0 (Length 12.0 Km) on NH-65 (Fatehpur- Pali Section) (JOB No.065-RJ-2007-445)". As per the NIT issued on 7.11.2007, the aspirants were required to deposit their bids with the Additional Chief Engineer (ACE), PWD by 5.12.2007. Claiming to be fully qualified for the work, the petitioner submitted its bid and also furnished the requisite bid security to the tune of Rs.10,34,000/-. The ACE issued letter dated 10.12.2007 to the petitioner pointing out certain deficiencies in its bid and seeking its clarification by 14.12.2007. It is the admitted case of the petitioner that no response was given to the said communication. Bids were opened on 18.12.2007 by the Committee constituted under the ACE Zone, Ajmer. The lowest bid received at 5.77% below the G Schedule was found to be that of the present petitioner. However, since the petitioner did not respond to the queries made from it by virtue of the letter dated 10.12.2007 regarding shortcomings in its bid, the same was rejected. Four days after rejection of its bid, the petitioner submitted a letter dated 22.12.2007 to the ACE expressing its intent to withdraw the bid. However, the said request made on behalf of the petitioner was not accepted and rather, the Chief Engineer, PWD passed an order dated 8.2.2008 debarring the petitioner from bidding in future works to be undertaken by the P.W.D. Simultaneously, taking recourse of the Standard Bidding Document (SBD) Procurement of Civil Works prescribed by the Government of India as well as Public Works Financial and Accounts Rules (PWF&AR), the security to the tune of Rs.10,34,000/- furnished by the petitioner was forfeited vide letter dated 10.3.2008 issued by the Chief Engineer, P.W.D.