Debangsu Basak, J. - (1.)Affidavits filed in Court be taken on record.
(2.)The petitioner assails award of a work order dated June 7, 2019 issued by the office of the Chief Medical Officer of Health, Murshidabad in respect of supply of dietary items for Berhampore Mental Hospital, Murshidabad.
(3.)Learned senior advocate for the petitioner submits that, the State initiated a tender process dated October 9, 2018 for supply of dietary items in respect of five hospitals of which, Berhampore Mental Hospital was one of them. The petitioner and the private respondent participated therein as also other tenderers. He draws the attention of the Court to the writing dated November 28, 2018 of the Tender Committee. He submits that, since, all the tenderers submitted zero per cent rate, the Tender Committee decided to select the successful tenderer by draw of lots. The draw of lots was undertaken when, Dulal Chandra Ghosh was found to be the L-1 tenderer and the private respondent as the L-2 tenderer. Thereafter, Dulal Chandra Ghosh was awarded the contract. He, however, died sometime in February, 2019. With his death, to meet the emergent situation, the hospital authorities called upon the petitioner to supply the dietary items. The petitioner did so. Subsequently, the petitioner was shocked to learn of the impugned writing dated June 7, 2019. He submits that, by the impugned writing dated June 7, 2019, the authorities have given the right to supply the dietary items to the private respondent for the period from June 10, 2019 to December 6, 2019. The same is for a substantially long period of time. The authorities ought to have undertaken a tender process to do so. The authorities not having done so, the impugned writing is bad in law.