CAV JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 09-01-2024 The petitioner is aggrieved with the cancellation of his tender by an order dated 17.04.2023 produced as Annexure-6.

2. The petitioner participated in the tender with requisite documents on 16.08.2022 and got the bid acknowledgment on 18.09.2022. The Tender related to the construction of bridge on ‘Panchi Nadi’ in the road from Mathaur Goth to Kodihar Laukhai under the RWD Work Division-Phulparas. The petitioner is said to have quoted 26.11% below the tender value of Rs.4,28,07,000/-, for which he deposited EMD of Rs.8,45,000/-. The petitioner’s technical bids along with others were found to be qualified and financial bids were also opened. The lowest, was of the petitioner among the eleven bidders, based on which the committee demanded a rate justification on 01.02.2023 as per Annexure-4. The same is said to have been recommended by Annexure-5 which was sent to the Chief Engineer for approval. However, tender committee held on 17.04.2023 found that there is no justification for accepting rates quoted by the petitioner and directed re-

tendering of the work.

3. The learned counsel would take us to Clause 27.4 produced a