R.K.MERATHIA, J. - (1.) HEARD the parties.
(2.) THE only question to be decided in this case is whether respondent No. 6 has been favoured in giving the contract or not. In other words, whether the decision making process was arbitrary or not. The case of the petitioner is that a tender was invited by the Executive Engineer, Waterways Irrigation Division, Garhwa, being Tender No. 4/2002 -03 in respect of various words which was published in the news paper on 3.1.2003. Item No. 1 related to the work in question 'Renovation of Sarswatia Irrigation Project'. Five tenders were submitted by various contractors including the petitioner and respondent No. 6. The tenders were opened on 17.1.2003. The rate quoted by the petitioner and respondent No. 6 was equal. It was found that respondent No. 6 did not submit any Sales Tax Clearance Certificate and it was not even registered under the Sales Tax Act, even then the work order was allotted to respondent No. 6 ignoring Clause 10 of the tender notice. Otherwise being equal in rates the petitioner was entitled to get the work.
(3.) THE case of the respondents 1 to 5 as made out the counter affidavit is as follows : - - '8. That it is stated that comparative statement was sent to the Chief Engineer for scrutinizing the paper and final selection of the contractor. Among all the tenderers M/s. Kaushik construction was selected to execute the work due to following reason : That M/s. A.K. Construction having labour licence for fifty labours where as M/s. Kaushik Construction is having labour licence for One Hundred labours. This contract is having mainly earth work and small part constructure repair. The major portion of the work is to be completed within this financial year. Therefore it was finally decided by the Chief Engineer to allot the work to M/s. Kaushik Construction. The agreement has been executed and the work is in progress. That regarding sales tax clearance the first partner Sri Gopal Kishor Choubey of M/s. Kaushik Construction had newly applied for sales tax number hence clearance clause was not applicable to him. The it is stated that M/s. Kaushik Construction was newly registered in Water Resources Department of Jharkhand State and sales tax clearance can only be given after registration. That M/s. Kaushik Construction has three partners and the first partner having share of 50 % are registered in sales tax department and clearance certificate has been obtained.' ;