ATRI CONSTRUCTION Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AGGRIEVED by order dated 01.11.2012 whereby, the allotment of work was cancelled and seeking a direction upon the respondents for executing the agreement in favour of the petitioner, the present writ petition has been filed.

(2.) THE facts disclosed in the writ petition are that, pursuant to eTender notice dated 18.08.2012, two bidders participated in the tender process. The technical bid was opened on 05.09.2012 and vide letter dated 05.10.2012, the petitioner was informed by the Chief Engineer, Rural Development Special Division, Sahebganj that the work has been awarded to it. Letters dated 10.10.2012 and 15.10.2012 were issued for executing the agreement and the petitioner was directed to execute work on or before 18.10.2012 however, on 17.10.2012, after inspecting the work place, the petitioner informed the respondents about waterlogging at the work place. The site was inspected by the Assistant Engineer and the Junior Engineer and they gave a report to the Executive Engineer and, the petitioner submitted its response on 26.10.2012 however, vide order contained in letter dated 01.11.2012, the work order dated 05.10.2012 was cancelled. It is stated that letter dated 01.11.2012 was forwarded to the Chief Engineer and the Chief Engineer vide order dated 06.11.2012 extended the time for executing the agreement by 10.11.2012 and the petitioner accordingly, deposited the security deposit on 07.11.2012 however, in the meantime, the work was alloted to the respondent no.5 on 07.11.2012 itself. The petitioner unaware of the allotment of work to the respondent no.5, requested the Executive Engineer vide letters dated 09.11.2012 and 10.11.2012 for executing the agreement. However, the agreement was not executed by the respondents with the petitionerM/s Atri Construction. Aggrieved, the petitioner has approached this Court.

(3.) A counteraffidavit has been filed on behalf of the respondentRural Works Department stating that as per the eTender notice, 2 bidders namely, M/s Atri Construction and one M/s Tiwari Construction submitted their bids and both quoted the same price, i.e., 10% below the scheduled rate. In view of letter dated 18.09.2012, the Chief Engineer is vested with power both to cancel or allot the tender. The work order was issued to the petitioner on 05.10.2012, in view of its seniority in registration and it was required to execute agreement within 21 days however, it failed to execute the agreement by 01.11.2012. Vide letter dated 10.10.2012, the petitioner was directed to deposit the balance security money within 3 days however, the same was not deposited by the petitioner and a reminder was issued to the petitioner on 18.10.2012. It is stated that neither the agreement was executed nor the security money was deposited and the petitioner in turn, wrote letter to the respondentExecutive Engineer stating that the worksite is not fit for work and it would execute the agreement only after the site would be fit for commencing the work. In the counteraffidavit filed on behalf of the respondentState of Jharkhand, it is stated that for constructing the district combined agricultural office building at Sahebganj, vide letter dated 03.01.2012, administrative approval for the said construction for Rs.1,52,75,500/ was accorded and an amount of Rs.40 lacs was allocated in the first phase. The said amount of Rs.40 lacs was transferred in the treasury account vide order dated 30.03.2012. It is further stated that vide letter dated 14.05.2012, the Executive Engineer, Rural Development Special Division was designated as the Executing Agency for construction of District Combined Agricultural Office building at Sahebganj and he was directed to complete the work.