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DINESH MEHTA
Shera Ram Choudhary – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. These three writ petitions involve common grievance; common question of law and almost common facts, hence, they are being disposed of by this common order.
2. For the purpose of convenience and clarity, facts of SB Civil Writ Petition No.9620/2021: M/s Shera Ram Choudhary Vs. State of Rajasthan & Ors. are being taken into consideration.
3. The petitioner is AA Class contractor engaged in execution of construction work awarded by various Government Departments, including Water Resources Department.
4. The respondent No.5 issued an NIT dated 19.03.2021 for "repair and retrofitting of dam" for an estimated cost of Rs. 1051.83 lacs. The NIT comprised of various conditions out of which condition No.16 required furnishing of additional performance security in case the bid offered by a bidder was unbalanced bid i.e., the amount offered was less than the permissible limits fixed by the circular dated 11.01.2018.
5. The petitioner participated in the bidding process and was declared as successful bidder having offered 32.69% less amount than the G-Schedule (Rs. 7,07,98,374/-)-
6. By way of the letter dated 20.07.2021 issued by the Executive Engineer, the petitioner was asked to furni
The main legal point established in the judgment is the illegality of requiring additional performance security for unbalanced bids in public procurement prior to the amendment, emphasizing the need ....
Conditions for additional performance security prior to the enactment of Rule 75A are illegal unless supported by statutory provisions.
The court emphasized the importance of the respondents providing a clear basis for their claims and considering the petitioner's submissions in compliance with the previous court direction.
Court upheld the demand for additional performance security per contractual terms to prevent front loading, emphasizing the need for safeguarding project completion.
The main legal point established in the judgment is that the benefits conferred by Government Orders extending relaxation in performance security and related guarantees were intended for contractors ....
Material deficiencies in a bid cannot be cured under the Rajasthan Transparency in Public Procurement Act, 2012, affecting the bid's responsiveness.
Government decisions related to tenders must adhere to established guidelines, ensuring fairness, justice, and reasonableness.
(1) Constitutional courts must defer appreciation of tender documents by employer unless there is mala fide or perversity in understanding or appreciation.(2) Tendering authority cannot be expected t....
The invocation of Bank Guarantees must be aligned with contractual terms; unauthorized invocation is deemed arbitrary.
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