- (1.) The petitioners have challenged the respondents' decision to terminate the contract entered into with them and to award the contract in favour of another private party, namely, M/s Sawan Security Agency. M/s Sawan Security Agency in fact appeared today although they are not impleaded as a party.
(2.) The respondents had issued a short term notice re-inviting e-tender. The e-tender was in respect of supply of certain personnel(s) such as Head Clerks, Data Entry Operator cum Clerks, Drivers, Chowkidars-cumSecurity Guards, Helper-cum-Peons, Carpenter(s), Electricians, Plumbers etc. Clause 12 of the terms and conditions of short term notice re-inviting e-tender reads as under:- "12. Service charges @ 2% or less quoted by any agency for providing manpower will be rejected."
(3.) Petitioner'S bid service charges at 3% whereas M/s Sawan Security Agency's bid service charges at 2.002%. The question is whether the bid submitted by M/s Sawan Security Agency ought to be considered as having bid service charges at 2% as contended by the petitioners or at 2.002% as submitted by the respondents M/s Sawan Security Agency.;