M.Y.EQBAL, J. - (1.) IN the instant writ petition, the petitioner seeks a mandamus commanding upon the respondents to issue the work order in his favour for construction of 10 Kms Road from Ketunga to Badheda via Madhupur under Nimdih Block, pursuant to tender No. 3/2003 -04, issued by the Rural Engineering Organization Works Division, Saraikela -Kharsawan.
(2.) A short term tender notice No. 3/2003 -04 was issued under the signature of the Executive Engineer, REO, Works Division, Saraikela -Kharsawan inviting tender for construction of 10 Kms Road from Ketunga to Badheda via Madhupur under Nimdih Block. The petitioner being eligible in all respect said to have submitted his tender on 12.1.2004. It is contended that, the Government of Jharkhand through Finance Department took a decision on 24.1.2002 that the individual bidders will not deposit the Earnest Money/Security Deposit by way of Bank Guarantee. The facility of Bank Guarantee will be available to a Company/Firm. Petitioner 'scase is that although respondent No. 7 has not deposited Earnest Money in terms of the Finance Department 'scircular, rather deposited the Earnest Money by way of Bank Guarantee, which is not permissible as per the circular, but the tender papers of respondent No. 7 has been entertained. It is alleged that in spite of all these lapses the concerned respondents have called only respondent No. 7 for negotiation, without calling the petitioner and a decision has been taken for allotment of work in favour of respondent No. 7. By filing amendment petition, the petitioner further prayed for cancellation of the allotment alleged to have been made in favour of respondent No. 7 and agreement to that effect has been executed in his favour.
(3.) A counter -affidavit has been filed by respondent No. 6, the Executive Engineer, Rural Engineering Organisation Works Nand Gopal Sah Versus State Of Jharkhand Division, Saraikela -Kharsawan stating, inter alia, that in terms of tender notice No. 3/2003 -04, Bank Guarantee is also acceptable and, therefore, acceptance of Security/Earnest Money in the form of Bank Guarantee deposited by respondent No. 7 is regular and justified. It is further stated that respondent No. 7 has fulfilled all the terms and conditions and has furnished a certificate about the ownership of machineries. It is further stated that as per circular dated 13.09.1991, issued by the Vigilance Department, in case same rates are quoted by the tenderers, preference shall be given to the local tenderers.;