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SANJAY KUMAR MEDHI
ANN Associates, Represented By Its Duly Authorized Partner – Appellant
Versus
General Manager, Northern Frontier Railway Maligaon, Guwahati – Respondent
JUDGMENT :
1. The present challenge is with regard to an office order dated 25.10.2021 by which a tender floated by the Railways was discharged without assigning any reasons. The petitioner claims suffering of legal prejudice by such action and has, therefore, approached this Court under Article 226 of the Constitution of India.
2. Before delving into the issue which has arisen for adjudication, it would be convenient if the facts of the case are put on record in brief.
3. The petitioner is a partnership firm and carries out the business of general contractors. On 09.11.2020, a Tender Notice was floated by the Divisional Railway Manager, Rangia Division, inviting Expression of Interest (EoI) for developing the existing Goods Sheds at Baihata (BIZ), Rangia (RNY) and Ghograpar (GOE) Railway Stations of the Rangia Railway Division through private investment. Subsequently, on 19.05.2021, the office of the Sr. Divisional Commercial Manager, Rangia Railway Division, NRF issued tender notification pursuant to which, on 24.06.2021, the petitioner had submitted its bid along with earnest money which was a two bid system, viz, technical and financial.
4. It is the case of the petitioner that
Point of Law : An order which has not been brought on record in a writ petition cannot be set aside by this Court in exercise of its power of judicial review.
Judicial review in tender matters is limited to assessing arbitrariness, irrationality, or mala fides; decisions should reflect fair competition and not accommodate late submissions of corrected bids....
The discretion of the tendering authority to award the contract, the absence of accrued rights until the contract is awarded, and the obligation to return the performance guarantee in case of inactio....
The court emphasized the limited scope of judicial review in tender matters, the importance of punctilious and rigid enforcement of tender terms, and the uniform application of tender requirements to....
Point of Law- Court in all the aforesaid decisions has cautioned time and again that courts should exercise a lot of restraint while exercising their powers of judicial review in contractual or comme....
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