VIJETA PROJECTS & INFRA-PETITIONER STRUCTURES LIMITED (PREVIOUSLY KNOWN AS M/S VIJETA CONSTRUCTION LIMITED) Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties finally.

(2.) Mr. Giri, learned senior counsel appearing for the Petitioner submitted that the Petitioner was the lowest bidder in the tender, which was floated in the year 2008. The matter was referred to the High Level Committee as the rate offered was more than 10%, from the estimated rate. The Committee referred the matter to the Finance Department and the Vigilance department. The then Finance Commissioner, in his note dated 11.7.2010, was of the view that the matter be referred back to the said Committee, but without considering the entire matter, the then Advisor to the Governor, by order dated 12.7.2010, though accepted the said proposal of the Finance Commissioner, but observed that it will be proper that a fresh tender is floated. Mr. Giri further submitted that now the Department has floated the fresh tender with the estimated cost which is more than the rate agreed by the Petitioner. He further submitted that when the Petitioner is ready to work, at the rate agreed re-tender will also be against the public interest. He also submitted that the Petitioner is not at fault in any manner.

(3.) On the other hand, Mr. Rajesh Shanker, learned Counsel appearing for the Respondents submitted that there were several discrepancies in the earlier tender process and, therefore a decision was rightly taken for re-tender the work, involving huge amount. He further submitted that only because the Petitioner was the lowest bidder in the earlier tender, he cannot object to the fresh tender, which has been floated as per the decision of the Government.