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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, MURAHARI SRI RAMAN
D.K.Engineering & Construction – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. rationale on computation of deadlines in contracts. (Para 11 , 14 , 15) |
| 2. judicial interpretation of compliance and discretion. (Para 12) |
| 3. final verdict on the writ petition dismissal. (Para 16 , 17 , 18) |
JUDGMENT :
HARISH TANDON, C.J.
The present writ petition is taken out by L-1 bidder seeking to quash the order dated 15th May, 2025 issued by the Chief Construction Engineer, Rural Works Circle, Sunabeda whereby and wherein the bid of the petitioner was cancelled having not complied with the requirements within the stipulated time.
2. Shorn off unnecessary, details the facts which can be reasonably discerned from the pleadings proceeds that pursuant to floating of e-procurement notice by the Chief Construction Engineer, Rural Works Circle, Sunabeda on 26th June, 2024 for building works, i.e., construction of 100 seated Boys Hotel (G+2) at Government I.T.I., Nandapur in the district of Koraput for the year 2023-24, the petitioner offered the bid and was declared as the lowest bidder. Though it is indicated that the time for completion of the said tender process was extended from time to time, but the pith and substance which we could reasonably be gathered from the
The rejection of a tender bid due to non-compliance with stipulated document submission requirements upholds lawful administrative discretion.
The submission of a bogus Bank Guarantee by a bidder justifies a two-year ban under tender conditions, as the term 'certificate' includes documents.
The court upheld the cancellation of a tender based on abnormal pricing, emphasizing the need for administrative fairness and the authority's discretion in tender processes.
The cancellation of a Letter of Acceptance due to an 8-day delay in performance security submission was deemed unreasonable, emphasizing the need for fairness in public contract processes.
Submission of Earnest Money Deposit (EMD) through bank guarantee was non-compliant with the mandatory electronic modes prescribed in the Detailed Tender Call Notice, and subsequent modifications to t....
Strict adherence to contractual terms and conditions is crucial in tender processes, and non-compliance can lead to rejection of the bid.
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