NEKTOR ENGINEERS & PROJECT CONSULTANTS Vs. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF URBAN DEVELOPMENT

JUDGEMENT

(1.) Aggrieved by the action of the Respondent No. 4, in issuing Show Cause bearing No. 54 (II) BRPD-II/2016/229, dated 06.10.2016, and cancelling the work awarded to the Petitioner, being NIT No. 01/CE/IBBZ-II-SLG/2016/17 (hereinafter "NIT 01") namely consultancy services for preparation of Detailed Project Report (DPR) for additional High altitude roads under Phase-II in the State of Sikkim, using satellite imagery, vide its impugned letter bearing no. 54(11)/EE/BRPD-II/2016/282 dated 08.12.2016, the Petitioner seeks issuance of a Writ, in the nature of mandamus, certiorari or any other appropriate writ direction or Order of like nature.

(2.) The facts averred are that, the Petitioner a registered Partnership Firm with its Office located at Ahmedabad, Gujarat is engaged in providing consultancy services in the field of Civil and Structural Engineering including Architectural design and specialty Engineering Services and has over the years provided such service to various clients, including the Central Public Works Department and other Governmental Organizations. The Petitioner being eligible, having executed four works of similar class during the required period, participated in the NIT 01 floated by the Respondent no. 4, for online percentage bids on two bid system, for the aforesaid work of Consultancy Services. The last time and date for submission of bid was 3.00 P.M on 21.06.2016.

(3.) After considering his bids, the Respondents found the Petitioner competent to execute the work and accordingly, issued letter dated 27.07.2016 informing the Petitioner of the acceptance of his bid and requested him to furnish Performance Security Guarantee, which was duly complied with on 04.08.2016.