- (1.) All these writ petitioners are aggrieved by the award of a contract passed by the respondent-Tenughat Vidyut Nigam Ltd. an instrumentality of the State of Jharkhand in favour of five contractors namely, M/s. Rungta Projects Ltd., M/s. Chanani Transport, M/s. Globe Roadways (P) Ltd., M/s. Naween Transport Company and M/s. B. K. B. Transport (P) Ltd.
(2.) The contract pertains to transportation of coal from different collieries to Tenughat Vidyut Nigam Ltd. The Tenughat Vidyut Nigam Ltd. is a Thermal Power Station, which is operated mainly by use of coal. The coal is supplied to the aforesaid Tenughat Vidyut Nigam Ltd. by certain collieries of Central Coalfields Ltd. On 17-8-2001 notice inviting tender was floated by the Nigam for transportation of coal by road for a period of one year from the collieries of Central Coalfields Ltd to Tenughat Vidyut Nigam Ltd. (in short Nigam) by NIT No. 3/TVNL/Ranchi/2001. The nature of work was transportation of coal from collieries of Central Coalfields Ltd. i.e. Parej East Open Cast Project, Kedia Open Cast Project, Pundi, Tapin South, Tapin North, Kedla Washery etc. to Tenughat Thermal Power Station. The estimated quantity of coal to be transported from various collieries to the Thermal Power Station at Lalpania was about 1,20,000 M.T. per month. The last date for submission of the tender was 20-9-2001 and the date of opening of the tender was also the same.
(3.) In W. P. (C) No. 5590/2001, the case 1 of the petitioner M/s. Sainik Transporters Pvt. Ltd. is that pursuant to the tender notice petitioner deposited necessary amount and obtained tender papers from the respondent and then submitted its tender papers along with requisite earnest money. It is stated that tenders bid was opened on 20-9-2001 and a letter was issued to the petitioner on 20-9-2001 asking the petitioner to appear in the office of the Chief Engineer, Tenughat Vidyut Nigam Ltd. Ranchi on 29-9-2001 and to produce all the original certificate of experience, Character certificate issued by the District Administration and other associated documentary evidence regarding financial status, Income Tax Certificate, Labour Licence and affidavit. Petitioner's further case is that in response to the said letter petitioner's representative appeared on 29-9-2001 before the Chief Engineer and produced all the original documents. It is alleged that although petitioner fulfilled all the requisite terms and conditions of the tender but the petitioner's tender was not opened for the reasons best known to the respondent and ignoring the tender of the petitioner, the contract was awarded to the other contractors.;