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2019 Supreme(Gau) 1213
IN THE HIGH COURT OF GAUHATI
NANI TAGIA, J.
N.T. Agency and Another - Petitioners
Versus
State of Arunachal Pradesh and Others - Respondent
WP(C) No. 621(AP) of 2018
Decided On : 12-06-2019
For the Petitioner: Mr. Indranil Choudhury, Mr. Marto Kato, Mr. Bido Sora, Mr. B. Lingu, Mr. N. Sora, Mr. P. Ete, Mr. T. Noshi, Mr. T. Epa, Mr. M. Tanga, Mr. R. Karga, Mr A. Timung and Mr. J. Rome
For the Respondent: Mr. Subu Tapin, Mr. V. Lakshminarayana, Mr. Ashwin Kumar, Mr. P.K. Tiwari, Mr. D. Kamduk and Mr. K. Eshi
Headnote:
Criminal Procedure Code – Section 401, 200, 202, 311, 91– Indian Penal Code – Section 177, 468, 471 – Evidence Act – Sections 60, 64, 123, 124 – Bankers Books Evidence Act, 1891 – Impugned order – Prejudice – By this petition under section 401 of Cr.PC, petitioner is praying for quashing and setting aside order, passed in CR Case under section 177/468/471 of IPC by learned Judicial Magistrate, 1st Class, Dibrugarh – Aforesaid criminal proceeding has been initiated by respondent/complainant, who is Managing Director of M/s. Rongmon Nirman Ltd. against petitioner-accused – Held, by mere filing of a document, its contents are not proved – So original document has to be produced to prove its contents by way of examining persons concerned, who, in instant case, is concerned official of office of Deputy Commissioner, Dibrugarh, whom learned Court summoned along with relevant documents, mentioned above, in exercise of power vested in it under section 311, Cr.PC although mention of section 91, Cr.PC was not made – Impugned order does satisfy all conditions precedent for calling witness along with relevant documents in his possession/dominion over or acquainted with their contents – Revision stands Dismissed
JUDGMENT AND ORDER :
1. Heard Mr. Indranil Choudhury, learned senior counsel appearing on behalf of the petitioners. Also heard Mr. Subu Tapin, learned senior Government advocate, appearing on behalf of the respondent Nos. 1 to 5; and Mr. V. Lakshminarayana, learned senior counsel, assisted by Mr. Ashwin Kumar, learned counsel, appearing on behalf of private respondent No. 6.
2. This writ petition has been filed challenging the legality and validity of the order, dated 1.11.2018, issued by the Executive Engineer, Yazali PWD Division, under Memo. No. YZD/W-2018-19/282-89 whereby the petitioner and the respondent No. 6 have been held to be approved by the competent authority as technically qualified in respect of the work, i.e., “C/o road from Yoglu to Yapap Geko (Phase-II, 17KM), Pistana circle, Lower Subansiri District, under CRF” and further provided in the said order that the financial bids of the technically qualified bidders will be opened in the Conference Hall of the Donyi Polo, Hotel Ashok at Itanagar, on 5.11.2018, at 1100 hours and also the impugned order, dated 21.11.2018, issued by the Chief Engineer (CZ-A), Public Works Department, Government of Arunachal Pradesh, Government of Arunachal Pradesh, Itanagar, under Memo. No. CEAP(CZ-A)/WTC-56/CRF/Tender/2018-19/2880-81 whereby the approval for acceptance of the tender for the work, referred to above, amounting to Rs. 27,69,14,883.58 in favour of the private respondent No. 6, have been conveyed to the Superintending Engineer, Yachuli Circle, PWD, Arunachal Pradesh.
3. The facts leading to the filing of the present writ petition, may be stated, in brief, as under:
The Executive Engineer, Yazali PWD Division, had issued the Notice Inviting Tender (NIT), dated 12.9.2018, inviting bids through online item rate bid to 2 bids system wherein at serial No. 1, it was provided as follows:
“1. NIT NO. YZD/NIT/2018-19/01 Name of Work — C/o Road from Yoglu to Yapap Geko/Phase-II:17KM), Pistana Circle, Lower Subansiri District, Arunachal Pradesh, under CRF. Estimated cost Rs. 28,43,32,448.00. Earnest Money Rs. 56,86,648.00 for Non-APST Contractor @ Rs. 28,43,324.00 for APST Contractor. Feriod of completion 24 months.”
4. In the said Notice Inviting Tender (‘NIT’), it was provided that the bid forms and other details can be obtained from the departmental website, i.e., https://pwdar.etenders.in from 1100 hours of 12.9.2018 to 12.00 hours of 26.9.2018. According to the bid documents, the technical bids was supposed to be opened on 26.9.2018, which, however, was postponed to 03.10.2018, by a corrigendum, dated 28.9.2018, issued by the Executive Engineer, Yazali PWD Division, and accordingly, the technical bids were opened on 3.10.2018 which was approved on the same date, 3.10.2018, wherein it was found that the technical bids of the petitioner as well as the private respondent No. 6 have been found to be technically qualified as it would be evident from the impugned letter, dated 1.11.2018, issued by the said Executive Engineer, Yazali PWD Division. By the letter, dated 1.11.2018, it was further provided that the financial bid would be opened on 5.11.2018, which, however, got postponed to 8.11.2018, vide corrigendum, dated 3.11.2018, issued by the Executive Engineer, Yazali PWD Division, and accordingly, as fixed, the Financial Bids was opened on 8.11.2018.
In the meantime, the writ petitioner, vide representation, dated 20.11.2018, written to the Executive Engineer, Yazali PWD Division, with a copy of the same, endorsed to the Chief Engineer, Public Works Department, Government of Arunachal Pradesh, as well as Superintending Engineer, Yachuli Circle, with a prayer for rejection of the bid of the private respondent No. 6 on the ground that the said respondent No. 6 had above 3(three) Nos. of works at his hands as awarded by the various Departments of the Government of Arunachal Pradesh, w
