BALDEV THAKUR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution is directed against the order dated 6.5.2015 (Annexure P/1), whereby the earnest money deposited by the petitioner was forfeited by the respondents. In addition, it is directed that the petitioner shall not be allowed to participate in re-tendering of the work.

(2.) Brief facts necessary for adjudication of this matter, as narrated by petitioner, are that the petitioner is a registered civil contractor (Class A-4) of the Central Public Work Department (CPWD). The respondentdepartment issued a Notice Inviting Tender (NIT), pursuant to which the petitioner submitted his bid. The petitioner being the lowest bidder had preferential right to get the work. The respondents passed the impugned order, whereby the earnest money deposit by the petitioner was forfeited and it is further ordered that the petitioner shall not be allowed to participate in retendering of the work.

(3.) Criticizing this order, Shri D.K.Agarwal, learned counsel for the petitioner, submits that the legality of the impugned order must be examined on the anvil of the conditions mentioned in the NIT. It is submitted that as per clause (1) of Schedule "F", seven days' time is allotted for submission of performance guarantee from the date of issue of letter of acceptance. Shri Agarwal by placing reliance on catena of judgments of Supreme Court submits that in contractual matter, the date of issue must be the date of communication/service of the acceptance letter. He submits that the petitioner was never orally informed that his bid has been accepted. By placing reliance on the respondents' response dated 15.5.2015, it is contended that as per their stand, they have submitted that two letters No. 333 and 335 were sent to the petitioner in one envelope. However, the petitioner has received only one letter. The acceptance letter was not there in the envelope. By taking this Court to Annexure R-5, it is contended that as per respondents' stand, the acceptance letter was dispatched on 28.4.2015 and it was delivered on 29.4.2015 at 17.20 hours. It is submitted that the issuance at best can be counted after dispatch of letter.