REPORTABLE/NON-REPORTABLE IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 11^th DAY OF NOVEMBER, 2021 BEFORE HON’BLE MR. JUSTICE TARLOK SINGH CHAUHAN &

HON’BLE MR. JUSTICE SATYEN VAIDYA CIVIL WRIT PETITION NO. 5981 OF 2021 Between:-

SH. AMIT KUMAR SETH GOVERNMENT CONTRACTOR, SON OF SH. JATINDER KUMAR SETH, RUBY ELECTRIC WORKS AKHARA BAZAR, KULLU (H.P.)

….PETITIONER (BY SH. SUMEET RAJ SHARMA, ADVOCATE)

AND

1. THE STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY (PWD)

TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.

2. THE SUPERINTENDING ENGINEER, 6^th HPPWD, KULLU.

3. THE EXECUTIVE ENGINEER, CHENAB VALLEY DIVISION, HPPWD, UDAIPUR DISTRICT LAHAUL AND SPITI (H.P.)

4. SH. CHARAN DASS S/O SH. SUKHDEV R/O SHISHAMATI, P.O. DHALPUR, DISTRICT KULLU- 175101 ..RESPONDENTS (MR. R.S. DOGRA, SR. ADDL. A.G WITH MR. SHIV PAL MANHANS, MR. HEMANSHU MISRA, MR. VINOD THAKUR, ADDITIONAL ADVOCATE GENERALS AND MR. BHUPINDER THAKUR, DEPUTY ADVOCATE GENERAL FOR R-1 TO R-3 MR. B.C. NEGI, SENIOR ADVOCATE WITH MR.

NITIN THAKUR, ADVOCATE FOR R-4)

Reserved on: 08.11.2021 Decided on : 11.11.2021 ________________________________________________________________________

This petition coming on for orders this day, Hon’ble Mr.

Justice Satyen Vaidya, passed the following:

O R D E R By way of instant petition, the petitioner has prayed for following substantive reliefs:-

“i) That the rejection of tFinancial Bid of the petitioner, Annexure P-8, may krindly be quashed and set aside and Financial bid of uthe respondent No.4 be ordered to be rejected and further Respondents No. 1 to 3 be directed to declare the financial bid of the petitioner as responsive and complete the tender process and award the work to the petitioner.”

2. The case of the petitioner is that respondent No.3 had issued notice inviting tender (for short ‘NIT’) on 31^st July, 2021 for the work namgely, “Construction of link road to village Jasrath Km 0/0 to 2/0 including 85.00 mtr. span steel truss bridge over Chandra Bhaga river including approaches at RD 1/740 (SH:-Retaining Wall, Breast Wall, Cross Drainage, M/T and Const. of Sub Structure, Super Structure including both side approaches) under NABARD RIDF- XXVI)” with estimated cost of Rs.10,63,19,913/-. As per petitioner, after completion of tendering evaluation process, the summary of evaluation of financial bid was uploaded by the ofÏcial respondents on 18.08.2021. The tendering process was cancelled vide corrigendum dated 29.07.2021 citing technical/administrative reasons. It has been alleged that the corrigendum cancelling the.

tender process was issued in back date due to malafide reasons.

3. Further case of the petitioner is that the ofÏcial respondents re-invited bids for the same work vide publication dated 26.08.2021. The financial evaluation of the bid was done on 15.09.2021. The petitioner remained L-2 and respondent Noo.4 was declared L-1. Challenge has been made to declaration of respondent No.4 as L-1 on the ground that the bid submitted by private respondent was beyond the limit of (+) 5% to (-) 10% which was the requirement of the CPWD Works Manual made applicable to the ofÏcial respondents vide correspondence dated 22.07.2020 (Annexure P-5).

4. The ofÏcial respondents in their reply have specifically controverted the allegation of having acted with malafide. It has been stated that the tender of the above noticed work was floated for the first time on 13.07.2021 and the last date for submission of ibids was 26.07.2021. Technical bids were opened on 27.07.2021.

Total four contractors including petitioner and respondent No.4 had participated in the bid. During the technical evaluation it was noticed that though all the four contractors were found responsive/qualified, but none of them had submitted their financial turnover and for this reason, financial bid was not opened and tender was cancelled vide corrigendum dated 29.07.2021. The tender was re-invited on 31.07.2021. Technical and financial bids were opened on 13.08.2021 and 18.08.2021