Ajay Rastogi, J. - (1.) INSTANT petition has been filed by the petitioner basically with the grievance that without the process of public notice inviting tenders dt.19.3.2010 being finalized, the subsequent/later public notice inviting tenders published by the respondent dt.27.8.2010 is in violation of Rule 59 and 61 of the General Financial & Account Rules.
(2.) RESPONDENT -2 issued an open Notice Inviting Tender dt.19.5.2010 for cluster -3 for supply of construction material to Panchayat Samiti Phagi, Jaipur and all such intended bidders who intends to participate have to deposit earnest money @2% of the estimated cost while participating in the process of bid. It appears from the record that in the process which the respondent initiated in reference to NIT dt.19.3.2010 petitioner was L -2 and since L -1 did not turn up as evident from the document dt.2.8.2010 (Annx.2) his earnest money was forfeited and a communication was sent to Additional District Programme Coordinator & chief Executive Officer, Zila Parishad, Jaipur to call upon L -2, the petitioner herein, for negotiation. However, copy of the said letter was endorsed to the petitioner also and on the said premise the petitioner was under the impression that he would be called upon for negotiation but before finalizing the process in reference to NIT dt.19.3.2010 by negotiation a fresh notice inviting tenders dt.27.8.2010. has been published by the respondent
(3.) COUNSEL submits that before fresh process inviting tenders being initiated by the respondent, the respondents were under an obligation to call upon the petitioner for negotiation as indisputably he was L -2 in the earlier tender process initiated in reference to NIT dt.19.3.2010 and entails for his right of consideration and negotiation in the process, denial whereof is in violation of Rule 59 of General Financial & Account Rules. Counsel further submits that calling for negotiation is his right and the same could not have been denied by the respondent in an arbitrary manner that too without refunding his earnest money which he had deposited, while issuing fresh process inviting tenders in reference to NIT dt.27.8.2010 and denial of the negotiation which is part of the process, is in violation of Rule 61 of the Rules, of which reference has been made supra.;