SHAILESH KUMAR GANESH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER has prayed for quashing the decision dated 1.12,2003 of the departmental committee recommending for allotment of tender in favour of respondent No. 5 and also for quashing the order dated 4.12.2003 issued by the Chief Engineer. Rural Development Special Range, Jharkhand. Ranchi whereby the tender allotted to the petitioner has been cancelled.

(2.) PETITIONER 's case is that the respondents issued notice inviting tender for awarding as many as 46 different construction work within the District of Deoghar. Pursuant to that notice the petitioner submitted tender for the work contained in Item No. 41 and submitted relevant papers. Since the petitioner was found lowest tenderer, the work order was allotted to him vide order 2.5.2003. When the allotment order in favour of the petitioner was annulled at the instance of respondent No. 5, the petitioner knocked this Court In WPC No. 2710/2003. Consequently, work was allotted to the petitioner vide letter dated 25.8.2003 and an agreement was executed by the respondents on 22.9.2003. It is contended by the petitioner that about two months after the execution of the agreement, respondent No. 5 moved this Court -in WPC No. 5313/2003 which was disposed of on 11.11.2003 with a direction to the respondents to hear the parties and decide the allotment. In compliance of the aforesaid direction, respondent No. 2 on the basis of the recommendation of the committee against cancelled the agreement of the petitioner.

(3.) RESPONDENTS No. 5 has also filed a counter -affidavit stating that the committee constituted by the respondents evaluated all the necessary documents and found the claim of this respondent on a better footing and as such recommended for allotment of work in his favour. It is stated that on the one hand the petitioner failed to produce the residential certificate and on the other hand this respondent is a resident of Jamtara Block about 10 Kms. away from the place of work and, therefore, he is competent to execute the work.