- (1.) These two petitions under Article 226 of the Constitution of India are taken up together for disposal as they relate to the question of acceptance of tender in favour of Amiya Kumar Mondal, who is respondent no. 9 in the first Rule and respondent no. 8 in the second one. In order to appreciate the contentions, it is necessary to refer to certain relevant fact.
(2.) Biswanath Ahir, who is the petitioner is C.R. 7397(W) of 1979 was working as storing agent at Haripal of the Food Corporation of India, who is the common respondents in both these two Rules. On the 15th July 1977 fresh tenders were invited for storing agent at Haripal. As arguments have been advanced in this case on the eligibility of the candidates and consideration of the tenders, it would be relevant to refer to the relevant clauses of the tender. Invitation of tender for appointment of storing agents invited tender upon certain conditions and condition No. 5 of the said invitation provides as follows :- ?(5) Tender should specifically mention the location, size and capacity of their godowns and show proof of his/their possession of godowns. The tenderers should show only those godowns which are owned by themselves or under their direct tenancy when hired godowns are shown. No one should sub it tender who cannot show in his possession storage-worthy godown (S) with aminimum capacity of 1000 (one thousand) tones.? Clause (12) of the said conditions of tender provided as follows :- ?(12) The successful tenderer will have to keep ready with godown space of not less than 1000 tonnes for reception of food grains but the Food Corporation of India does not give any guarantee about full utilization of the godown space notified in the tenders?. Clause (17) upon which reliance was placed on behalf of the respondents provides as follows :- ?(17) The Regional Manager, Food Corporation of India, Calcutta, Region, reserves the right to reject any or all the tenders without assigning any reason and does not bind himself to accept lowest or any tender. He also reserves the right to appoint one or more tenders.?
(3.) These are the material clauses of the tender. On the 17th August 1977 tenders were opened. There were 5 tenderers, namely, Biswanath Ahir, being the petitioner in the second rule and Amiya Kumar Mondal, Sukumar Yadav, Jay Kishore Pande and Debi Prosad Singha Roy. Indisputably the tender rate of Amiya Kumar Mondal was the lowest. The said tender on the 17th August 1977 was accepted conditionally by the Food Corporation of India. On the 28th November, 1977 a letter was written to Sri Amiya Kumar Mondal by the District Manager, Hooghly, Food Corporation of India. The said letter has not been annexed with any of the documents but was produce in court on behalf of The Food Corporation of India by my direction. The said letter reads as follows :- JUDGEMENT_178_CALLT1_1980Html1.htm Thereupon, it appear that Sri Amiya Kumar Mondal on 9th December 1977 wrote back to the District Manager, Food Corporation of India, Hooghly, which again was produced before me and which provides as follows :- JUDGEMENT_178_CALLT1_1980Html2.htm;