S. Chandrashekhar, J. - (1.) Initially, Notice Inviting Tender bearing NIT No. 272/PR/JUSNL/2014 -15 was issued on 07.07.2014. The petitioner was found L -1 tenderer however, on 07.08.2015 a Tender Cancellation Notice was published by the respondent -Jharkhand Urja Sancharan Nigam Limited, cancelling NIT dated 07.07.2014. Subsequently, the respondent -Nigam published advertisement dated 14.08.2015 inviting fresh bids for the said work. Aggrieved by the decision to cancel NIT dated 07.07.2014 and to invite fresh bids, the petitioner approached this Court. Subsequently, the decision of the Board of Directors of the Jharkhand Urja Sancharan Nigam Limited in its 10th meeting held on 17.07.2015 was brought on record and the petitioner filed I.A. No. 5442 of 2015 seeking amendment in the writ petition for challenging the said decision. The amendment application was allowed on 18.09.2015 and consequently, the petitioner filed the amended writ petition.
(2.) The brief facts of the case disclosed in the present proceeding are that, for design, engineering, supply of materials/equipments, erection, testing and commissioning of 220/132/33 KV (2x150+2x50) MVA Grid Sub -station at Jasidih on turn -key basis, the Notice Inviting Tender was issued on 07.07.2014. In response to the NIT dated 07.07.2014, four bids were submitted however, in technical evaluation, only three bids were found qualified and subsequently, their financial bids were opened on 15.10.2014. The bids submitted by the petitioner -Company was found lowest and the respondent -Nigam invited the petitioner for deliberation and discussion. The petitioner agreed to reduce its bid to Rs. 79,03,90,251/ - from the initial quoted price for the project at Rs. 83,68,61,780/ -. Thereafter, the respondents issued letter dated 28.11.2014 seeking certain clarifications for comparing price quoted by the petitioner in response to NIT dated 07.07.2014 with quoted price for similar type of the latest awarded work order to the petitioner by any Government Organisation, letter dated 05.05.2015 for re -negotiation of the price and letter dated 10.06.2015 for further discussion. The petitioner submitted its response, justifying the price quoted for the work under the NIT. The respondent -Chief Engineer (Transmission) thereafter, issued letter dated 29.06.2015 seeking clarification on the issue of blacklisting of the petitioner -Company namely, SPML Infra Limited, New Delhi by Department of PHED, Government of Bihar. A letter dated 08.07.2015 was also issued to the petitioner to inform the respondent -Jharkhand Jharkhand Urja Sancharan Nigam Limited whether any contract has been awarded to it by the Government of Bihar or any other State Government/Central Government/Government Department. The petitioner furnished copy of order in C.W.J.C. No. 1344 of 2014 whereby, the order of blacklisting and forfeiture of security deposit has been stayed by the Patna High Court. The petitioner further clarified that it has been awarded work from South Bihar Power Distribution Company Limited (SBPDCL) and by the West Bengal State Electricity Transmission Limited for two projects for "Construction of 132 KV GIS Sub -station at Bajkul" and "Construction of 220 KV GIS Sub -station at Alipurdwar". The respondent -Jharkhand Urja Sancharan Nigam Limited however, has issued Tender Cancellation Notice on 07.08.2015.
(3.) Heard the learned counsel for the parties.;