- (1.) The present writ petition is directed against order dated 11.07.2014 whereby the tender of work was allocated to respondent No.3. The petitioner had submitted its bid in response to NIT for work of supply of 9 Mtr. long PCC 200 Kg. WL poles conforming to Uttar Haryana Bijli Vitran Nigam, technical specification No. CSC-2009-10 and all relevant ISS with latest amendments vide a notice dated 11.07.2014. The tenders were opened by the official respondents on 28.07.2014 and the rates quoted by the petitioner were the lowest at Rs.2353/- per pole in comparison to other firms. The petitioner was called for a meeting with the High Powered Purchase Committee and during negotiations was further asked to reduce its rates. The petitioner-firm indicated its willingness to reduce the rates from Rs.2353/- to Rs.2310/-. The official respondents are stated to have allocated the work to respondent No.3 as negotiations were also held with it and respondent No. 3 had indicated willingness to supply the poles @ Rs.2100/- per pole.
(2.) The petitioner has further submitted that the negotiations with the other firms, are against the instructions dated 18.11.1998 issued by the CVC, wherein it is stated that the post tender negotiations are banned with immediate effect except in the case of negotiations with L-1 (i.e. lowest tender).
(3.) In support of his submissions, the counsel for the petitioner has relied on the judgments titled as Harminder Singh Arora v. Union of India and others, 1986 AIR(SC) 1527Raj Singh v. State of Haryana and others, 2006 1 RCR(Civ) 335and Brahlerics India Pvt. Ltd. v. Union of India and others, 2002 96 DLT 309.;