2016 Supreme(Gau) 855
IN THE HIGH COURT OF GAUHATI, ITANAGAR BENCH
MICHAEL ZOTHANKHUMA, AJIT BORTHAKUR, JJ.
Union of India - Appellant
Vs.
M/s. Millenium Synergy Pvt. Ltd. - Respondent
Writ Appeal 17(AP) of 2016
Decided On : 24-11-2016
For the Petitioners: Mr. Deepak Khurana, Mr. Ninnong Ratan
For the Respondents: Mr. Kardak Ete, Mr. P.D. Nair, Mr. S. Chamaria, Mr. M. Phukan, Mr. D. Sarmah, Mr. M. Tamut
Headnote:
Civil Procedure Code 1908 - Order 41 - Rule 1 - Challenge to the judgment – Evidence - After opening of technical and financial bids Tender Opening-cum-Evaluation Committee found that out of bidders tenders were found valid - Out of renderers present case pertains to renderers namely Power Systems Ltd – Held, In view of fact that electrification of off-grid villages needs to be implemented in State of Arunachal Pradesh at earliest as has been pointed-out by appellants counsel court hope and expect that appellants shall immediately issue a Tender Notice and thereafter take matter to its logical conclusion in shortest time possible - Just because another view is possible it does not give Court the right to substitute its views to that made by respondent authority - In present case court do not find anything arbitrary in decision of respondents to set aside Notice Inviting Tender – Appeal allowed
Michael Zothankhuma, J.
Heard Mr. Deepak Khurana, learned counsel for the appellants. Also heard Mr. K. Ete, learned Sr. Addl. Advocate General for the respondent No. 1 and Mr. S. Chamaria, learned counsel for respondent No. 2.
2. The appellants have filed this appeal against the common judgment and order dated 07.11.2016 passed in WP(c)461(AP)2016, WP(c)466(AP)2016, WP(c)523(AP)2016 and WP(c)513(AP)2016.
3. The appellants have made a challenge to the judgment and order dated 07.11.2016, wherein the learned Single Judge had set aside the 18th Review Planning & Monitoring (RPM, for short), Ministry of Power, held on 10.08.2016, and all consequential decisions made thereupon. The impugned Judgment and order also set aside the decision by the latter Chief Minister on 13.08.2016 and upheld the decision made by the earlier Chief Minister on 08.07.2016, which were in the form of "File Notings". The State authorities were thereafter directed to award the contract work to the respondent Nos. 1 & 2(herein writ petitioners) vide the impugned judgment & order.
4. The facts of the case is that the Government of India had launched a scheme called the Deen Dayal Upadhyaya Gram Jyoti Yojana (DDUGJY, for short), for electrification of unelectrified villages in the country.
5. The Government thereafter appointed the Rural Electrification Corporation Ltd. (REC, for short) i.e. appellant No. 2, to be the nodal agency to implement the said DDUGJY Scheme. The REC thereafter appointed the Arunachal Pradesh Energy Development Agency(APEDA, for short), a State Public Sector Undertaking, to implement the scheme in the State of Arunachal Pradesh and in this respect, a Notice Inviting Tender(NIT) dated 06.04.2016 was issued by the Director, APEDA, for design, supply, installation, testing, commissioning and maintenance of 300 WP Solar Power Packs for rural electrification under the scheme "Electrification of 1058 nos. off-grid villages in Arunachal Pradesh". The estimate cost of the tender was Rs. 127.00 crores.
6. Pursuant to the said Notice Inviting Tender (NIT), 10(ten) bidders including the Respondents No. 1 and 2 participated in the tender process. The said tender process was a 2(two) bid system, wherein the tenderers had to submit technical and financial bids.
7. After opening of the technical and financial bids, the Tender Opening-cum-Evaluation Committee (TOEC, for short) found that out of 10(ten) bidders, 6(six) tenders were found valid. Out of 6 (six) tenderers, the present case pertains to 3(three) tenderers, namely, M/s. Sukam Power Systems Ltd. who had quoted the lowest rate i.e. Rs. 87,03,44,820/- and was placed as L1. The Respondent No. 1/writ petitioner in WP(c)461(AP)2016 and WP(c)513(AP) 2016, was placed as L3, having quoted the third lowest tender amount of Rs. 1,26,89,57,907/-. The Respondent No. 3 was placed as L2 as he had quoted the second lowest tender amount of Rs. 1,25,78,37,800/-. The TOEC found the rate quoted to be abnormally low and recommended the rejection of the bid of L1. The TOEC, thereafter, sent its comparative statement and recommendation to the Director, APEDA, who, thereafter, made a Note dated 14.06.2016, to the effect that contract work should be awarded to L1 and if L1 fails to execute the work in time, the work may be awarded to L2 and L3.
8. Thereafter, the File was sent to the Commissioner to the Government of Arunachal Pradesh, Finance & Power Department, who, then made a Note dated 05.07.2016 which is as follows :
"This is a matter pertaining to electrification of 1058 rural villages on the off-grid mode through installation of 300 Wp solar power packs. The matter has been reviewed at the highest level in Govt. of India and REC has been given the task of monitoring this project. The Govt. of India has sanctioned an amount of Rs.131.26 Crs on 85:15 funding pattern. The enclosed file may be seen, wherein a draft bid document was sent to Law and Fin Deptt for examination : FD had at Page 13 given an unambigu