SANJAY KISHAN KAUL J. - (1.) THE present dispute emanates from the tender process initiated by the Department of Supplies and Disposals, Haryana, for supply of Turn Table Ladder of 55 Meter at length used for fire rescue operations. The tender was floated on 01.11.2013. The last date for submission of the tender was 02.12.2013. The petitioner also participated in the tender in a two bid /Envelope System. The technical bids were opened on 04.12.2013 and the petitioner was found to be qualified in the technical bid. We are informed that there were three participating parties and all were found technically qualified. On the same day, an intimation was sent that the financial bids would be opened on 12.12.2013 at 10.30 A.M. It is the case of the petitioner that on opening of the financial bids, the petitioner was found to be L -1, an aspect not disputed by the respondents.
(2.) RESPONDENT No. 4 was L -2 and made a complaint on 17.12.2013 alleging 13 deviations in the technical bid of the petitioner. Comments of the petitioner were invited which were duly sent by the petitioner on 19.12.2013 and ultimate decision of the technical evaluations went in favour of the petitioner. We may notice that there is some communication emanating qua the opening of the financial bids but the officer present in Court on behalf of the respondents has informed us that the financial bids were actually opened on 12.12.2013 but there was some issue of conversion of foreign exchange components into Indian Rupees qua whereof there was glitch in the computer which was sorted out later. The aforesaid situation led to communication being addressed to the petitioner by respondent No.2 dated 03.01.2014 (Annexure P -10) which reads as under: - "Dated Chandigarh, the : - Sub: Tender for the purchase 2 nos. Turn Table Ladder of 55 Meters height opened on 04.12.2013 required by Director, Urban Local Bodies, Haryana. This has reference on the subject noted above. 2. I have been directed to inform you that Hon'ble Finance Minister, Haryana has convened a meeting of High Powered Purchase Committee on 08.01.2014 at 10.00 A.M. in Haryana Niwas, Sector 3, Chandigarh to decide the purchase of above store. 3. You are requested to depute your senior executive to be present before the High Powered Purchase Committee for clarifications on the aforesaid date, time and place. 4. No TA/DA will be paid for the visit."
(3.) THE representative of the petitioner participated in the meeting on 08.01.2014. It is from here that the dispute starts. It is the case of the petitioner that since the e -mail dated 03.01.2014 only called upon the petitioner to depute the Senior Executive for 'clarification', those representatives were taken to surprise when the High Powered Purchase Committee sought price negotiation, for which the representatives present were not authorized. It is the say of the petitioner that they thus sought time.;