M.Y.EQBAL, J. - (1.) PETITIONER seeks direction upon the respondents to open the Price bid in respect of the Tender Notice invited by them on 5.7.2004 for removal and transportation of loose dump and top soil to dump yard, as the petitioner fulfills all the terms and conditions of the said Notice Inviting Tender (in short NIT).
(2.) PURSUANT to NIT issued by the respondents, petitioner submitted his tender alongwith orders. There has been correspondence between the petitioner and the respondents regarding submission of all the documents and the petitioner said to have deposited all the documents including Sales -tax clearance certificate. Petitioner thereafter, by letter -dated 5.11.2004 requested the respondents to arrange for opening of price bid of the eligible contractors including the petitioner but the latter is lingering the matter on one pretext or other. By filing amendment petition, petitioner has prayed for, quashing the letter dated 26.11.2004 issued by the Deputy General Manager informing the petitioner about the cancellation of the tender notice and asking the petitioner to collect the earnest money. The case of the respondents on the other hand is that Techno Economic Bid of this tender was opened and it was found that petitioner did not submit sales tax clearance certificate. One of the clauses of NIT was that sales tax clearance certificate has to be produced by the party concerned. However, all the parties objected that sales tax is not applicable in this type of job. The Tender Committee has also felt that submission of valid sales tax clearance certificate may not be, applicable in the instant case. In the meantime, some complaints were received in the Vigilance Department on 13.10.2004 and the Vigilance Department took action and the Additional Chief Vigilance Officer recommended retendering with modified NIT. Consequently, tender was cancelled on 26.11.2004 and letter to that effect was issued to the petitioner and other tenderers. It is incorrect to say that only on 26.11.2004 decision was taken to cancel the tender.
(3.) I have heard Mr. Binod Poddar, learned Senior Counsel appearing for the petitioner and Mr. Ananda Sen, learned counsel appearing for the respondents.;