DREDGE AND DIVE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner, M/s. Dredge and Dive, had moved this Court earlier vide W.P. (C) No. 1445/2002 with a grievance that although it had been found to be the lowest tenderer, after negotiations, yet, all of a sudden due to change in the office of the respondent No. 3, it did not hear any further in relation to the matter pertaining to issuance of work order. On the contrary, it came to learn that the Superintending Engineer, Water Ways Circle, Ranchi, was negotiating with some other party. This Court was not inclined to interfere in that case but a statement was made to the effect that it was correct that some negotiations had been entered upon by the Superintending Engineer but such negotiation was totally illegal as he could not have negotiated beyond a sum of Rs. 20 lacs as per the P.W.D. Code. Accordingly, by order dated 7-3-2002 this Court directed the respondents to re-tender the entire process and call for a fresh tender and the entire exercise was to be completed within a period of three weeks.

(2.) Now in this writ application the petitioner has made a further grievance that after the aforementioned order had been passed, the respondents issued a fresh tender notice vide Annexure-6 by which four new conditions have been incorporated and these conditions are :- 14. The tenderers/quotationers shall have to submit up-to-date income-tax clearance; 15. Sub-letting or work are strictly not allowed; 16. The tenderers/quotations shall have to submit experience certificate concerning underwater work; 17. The tenderers/quotationers should have annual financial turn over not less than Rs. 2.00 crore (Two crore) during financial year 2001-2002 and solvency of not less than Rs. 1.00 crore (one crore) otherwise their tenders/quotations shall not be eligible for this tender/quotation.

(3.) Further grievance of the petitioner is that the fresh tender has also incorporated an arbitrary term of having to submit 2% earnest money on tender amount in the form of 8th issue National Saving Certificate/5 years Post Office Term Deposit duly pledged in favour of the Executive Engineer, Waterways Division, Ranchi. According to the petitioner, the respondents have not given out the value of the work and, therefore, incorporating a term to the effect that the tenderer should have annual financial turn over of not less than Rs. 2 crores during 2001-2002 and solvency not less than Rs. 100 crore is an arbitrary condition.