Joymalya Bagchi, J. - (1.) The petitioner has assailed the decision of the respondent-corporation in awarding the tender in favour of the added respondent Pinaki Halder pursuant to an e-tender conducted on its behalf with regard to transportation of sand from Tirat Ghat of Damodar River.
(2.) It is the contention of the petitioner that due to an error in the server the bids submitted by him in course of reverse tender were not reflected in the system of the tendering authority and according to the terms of the tender there ought to be a re-tender of the aforesaid work.
(3.) Mr. Datta, learned senior counsel for the petitioner submitted that although his client had put in the bid which was lower than that of the successful tenderer due to technical snag the said bid was not reflected in the e-auction portal and that complaints in that regard had been promptly lodged with the tendering authority. Ignoring such complaints the tendering authority illegally decided to award the work to the added respondent. Drawing my attention to clause-20 of the notice inviting tender he submitted that under such circumstances the tendering authority ought to have resorted to re-tender of the work.;