- (1.) This order shall dispose of CWP No.14411 and 14412 of 2012 as common questions of facts are involved. The facts, necessary for decision of the cases, have been taken from CWP No.14411 of 2012 since pleadings are complete in this case.
(2.) The present writ petition under Articles 226/227 of the Constitution of India has been filed for issuance of writ in the nature of certiorari for quashing order of the respondent-Corporation of declaring respondent No.4 as the successful L-1 bidder and awarding the tender in its favour despite the fact that it did not meet the qualifying requirements as given under Clause 9 of the tender and, therefore, was not eligible for consideration. Further writ in the nature of mandamus has been prayed for directing the respondent-Corporation to undertake thorough scrutiny and verification of the contents of the documents and certificates in support produced by respondent No.4 on the consideration of which the TechnoCommercial bid of respondent No.4 was accepted whereas the documents and certificates produced by respondent No.4 were false, fictitious and fabricated. A prayer has also been made in the nature of writ of mandamus for direction to the respondent-Corporation not to issue the letter of intent and work orders in favour of respondent No.4 being illegal, arbitrary and mala fide since the Techno-Commercial bid of respondent No.4 had been accepted on the basis of false and fabricated documents/certificates produced by respondent No.4 and the price bid had also been accepted declaring him as L-1 bidder on the basis of drastic under quoting of rates to the extent of 171% from its next closest rival bidder, the petitionerCompany which has been declared L-2 bidder.
(3.) The case put up by the petitioner is that it is in the business of coal since 1925 and the petitioner is one of the topmost coal supplying and coordinating agency in the country. The petitioner-Company has the capacity of supplying 40 million tonnes annually and has a staff of over 1000 experienced personnel at 70 locations at all major coalfields and industrial hubs and having mostly all the blue chip companies like BALCO, Tata Steel, IFFCO Ltd. etc. as its clients.;