VIVEK SINGH THAKUR,J. - (1.)By filing this petition, petitioner has assailed annulment of bidding process notified vide Notification dated 30.07.2014 (Annexure P-35) issued by respondent-SJVNL in respect of construction of Civil Works Package of Dhaulasidh Hydroelectric Project (66 MW) on International Competitive Bidding on item rate basis in District Hamirpur of Himachal Pradesh on the grounds that respondent-SJVNL has acted arbitrarily, unfairly and illegally by passing unilateral non-speaking order, without giving proper personal hearing to the petitioner, which suffers from inherent legal infirmity on account of patently flawed, discriminatory, arbitrary and unreasonable decision making process. It is further claim of the petitioner that despite petitioner being lowest bidder, annulment of the process has caused loss not only to the petitioner, but also to the public interest as inviting of fresh bid would definitely escalate the cost of the project, whereas, petitioner is still ready to perform the work on the basis and at the rate quoted in his earlier bid.
(2.)Respondent-Sjvnl has contested the claim of the petitioner mainly on the ground that bidding process was not complete and it was at the stage of examination under Clause-28 of Instructions to Bidders (in short 'ITB') and petitioner at any point of time was not determined or declared as 'selected bidder' on the basis of lowest Bid price and responsive bid under Clause 32.1 of ITB, which was to be done after undertaking exercise under Clause 30 of ITB and, therefore, he was not determined as lowest bidder. As per respondents, petitioner was provided fair opportunity of representation and personal hearing alongwith its other representatives, including counsel, who were heard by the competent officer of respondentSJVNL and considering contentions of the petitioner raised in the writ petition, oral submissions during personal hearing and relevant provisions of bidding document and written reply dated 30.07.2014, submitted by petitioner, competent authority has taken a conscious decision of annulling the bidding process for the reasons stated in the impugned Notification, which are just, valid, reasonable and self-speaking.
(3.)Union of India, through Ministry of Power was added as respondent No. 2 vide order dated 28.10.2014 in order to ascertain status of Public Investment Board (in short 'PIB') clearance with respect to project in reference as one of the reasons for annulling the bidding process was that project was not having PIB clearance.
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