S B SHARMA Vs. STATE OF HARYANA AND OTHERS
LAWS(P&H)-2012-9-414
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 21,2012

S B SHARMA Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

- (1.) The present writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ of certiorari for quashing the RC against tender No. 02/HR/RC/F-4/2011-2012 which was finalized in the month of April, 2012. A further prayer has been made that the implementation of the tender process be stayed.
(2.) The pleaded case of the petitioner is that a tender of wooden dual desks was floated by the Department of Supplies and Disposal, State of Haryana and various eligibility criterias were mentioned which were not fulfilled by the petitioner-firm. One M/s B. P. Ergo had also submitted letter dated 14.2.2012 showing their inability to fulfill the eligibility criteria. The petitioner-firm had met officials of the Department to modify the eligibility criteria and he came to know that M/s B. P. Ergo had been allowed to participate in the tender proceedings. The petitioner had written a letter on 1.5.2012 and thereafter a legal notice dated 26.6.2012 was sent to the Department but the contract was given by way of staged managed tender.
(3.) The petitioner-firm was in a position to provide better offer and competitive rates which were lesser than the actual price of the allotted tender and the tender of dual desks which was allotted was in a biased manner and the whole process was unfair and illegal.;


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