AGRAWAL GLOBAL INFRATECH PRIVATE Vs. RAMIYA-HS (JV)

JUDGEMENT

(1.) These four appeals arise out of common judgment dtd. 14/1/2020 passed in WPC No. 5408/2019 and WPC No. 5689/2019 by the learned Single Judge. By the common judgment dtd. 14/1/2020, four writ petitions i.e. W.P. (C) No. 5408 of 2019, W.P.(C) No.5416 of 2019, W.P.(C) No. 5689 2019 and W.P.(C) No.5894 of 2019 were decided. W.P (C) No. 5408/2019 and W.P (C) No. 5689/2019 from which these four appeals arise, two each by the Respondent State and private Respondent, are in relation to the NIT pertaining to -Reconstruction of Meral-Bana-Ambarkhoriya Road (MDR-14)- which have been referred to as W-1 work by the learned Single Judge. In order to make the records straight, it is pertinent to mention here that out of common impugned judgment dtd. 14/1/2020 passed in other two writ petitions i.e. W.P. (C) No. 5416/2019 and W.P.(C) No. 5894/2019, three other appeals have arisen. WPC No. 5416/2019 relates to the work pertaining to -Reconstruction of Nagaruntari-Dhurki-Ambakhoriya Road (MDR-139)- which have been referred to as W-2 work by the learned Single Judge. WPC No. 5894/2019 relates to -Reconstruction of Dandai Bazar to Panghatwa P.W.D Road via Lawahikala Road- which have been referred to as W-3 work. By the instant judgment, these four appeals concerning W-1 work are being decided together.

(2.) Learned Single Judge, by the impugned judgment in these two writ petitions WPC No. 5408/2019 and WPC No. 5689/2019, has quashed the decision of the Tender Committee dtd. 3/10/2019 in relation to W-1 work of -Reconstruction of Meral-Bana-Ambakhoriya Road (MDR-140)-. All the consequential action of the State respondents including the award of the tender in favour of the private respondent i.e. M/s Agrawal Global Infratech Private Limited have been also quashed. The State respondents were directed to issue fresh tender for the said work and to proceed accordingly. The appellant M/s Agrawal Global Infratech Private Limited in LPA No. 112/2020 and LPA No. 113/2020 is represented by learned Senior Counsel Mr. Vikash Singh, whereas learned Advocate General represents the appellant State in LPA No. 119/2020 and LPA No. 234/2020.

(3.) An NIT was issued vide E-Tender Reference No. RCD/Garhwa/508/19-20 on 7/6/2019 after cancellation of first NIT for reconstruction of Meral-Bana-Ambakhoriya (MDR-140) Road (Length 0.00 to 36.629 km) under Central Road Fund for the year 2019-20 for a value of Rs.13357.97884 lakh with a bid security of Rs.133.58 lakh and the stipulated period of completion was 24 months including rainy season. This E-tender notice was cancelled. A fresh E-tender notice was again issued on 20/8/2019 by the State of Jharkhand. The appellant and the private Respondent / writ petitioner including other bidders, participated in the said tender. Respondent / writ petitioner (hereinafter referred to as -P-1-) was disqualified in the Technical Bid. P-1 being aggrieved, filed WPC No. 5408/2019 challenging the decision of the Tender Committee dtd. 3/10/2019, whereby his bid was declared non-responsive vis-a-vis W-1 work because of alleged non-submission of Bid Security and Bank Guarantee, as per tender document. Learned Single Judge, by the impugned judgment dtd. 14/1/2019, was of the considered view that decision making process of the State Respondents in rejecting the Technical Bid of the petitioner and accepting the Technical Bid of the private Respondent / appellant as well as other bids suffered from arbitrariness and unreasonableness. It was further held that the State Respondents had adopted pick and choose method, which is not permissible in the eye of law so as to satisfy the requirement of Article 14 of the Constitution of India. Learned Single Judge at para-30 of the impugned judgment while dealing with W-1 work, observed that the appellant herein had presented the Bank Guarantee in the name of Executive Engineer, Road Division, Garhwa, whereas other bidders submitted the Bank Guarantee in the name of Executive Engineer, Road Division, Garhwa. The State Respondent had contended that by an addendum, Bank Guarantee was to be issued in the name of Executive Engineer, Road Construction Department, Road Division, Garhwa. Even if the said contention of the State was accepted, they had deviated from terms of the Standard Bid Document (in short -SBD-) by accepting the Technical Bid of other bidders who had presented the Bank Guarantee in the name of Executive Engineer, Road Construction Department, Road Division, Garhwa.