Himachal Pradesh High Court
Luv Vij vs . State Of H.P And Another. on 15 February, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Luv Vij vs. State of H.P and another.
CWP No. 726 of 2022 .
15.2.2022 Present: Mr. Sumeet Raj Sharma, Advocate, for the petitioner.
Ms. Ritta Goswami, Additional Advocate General for the respondents.
CWP No. 726/2022 & CMP No. 1375/2022 Notice.
Ms. Ritta Goswami, Additional Advocate General appears and waives service r learned of notice on behalf of the respondents-State and seeks time to have instructions by the next date of hearing and has prayed for listing the matter on 21.2.2022.
As prayed, list on 21.2.2022 before appropriate Bench.
For interim, learned counsel for the petitioner has submitted that for first time tender was called on 30.3.2021 but process therein was cancelled on 13.7.2021 and thereafter tender was called for second time on 3.8.2021 and in pursuance thereto tender process was completed, except issuing the award letter of the tender to the petitioner wherein as the petitioner had emerged as a lowest bidder, his bid was accepted and recommended for approval by the Executive Engineer to Superintending Engineer, who in turn, after approval, had recommended it to the Chief Engineer ::: Downloaded on - 15/02/2022 20:11:08 :::CIS (SZ) for acceptance. Chief Engineer (SZ) after negotiation, had approved and accepted the tender and .
had sent to the Superintending Engineer for issuance of award letter by Executive Engineer. But the issuance of the award letter was kept in abeyance till 13.1.2022 and on 13.1.2022 vide Annexure P-6 petitioner was informed that the second tender process has been cancelled due to the administrative ground but no administrative ground has been assigned in the cancellation letter.
Referring Office order No. 15/3/05 dated 24.3.2005 issued by the Government of India, Central Vigilance Commission, it has been contended on behalf of the petitioner that no doubt respondents have a right to cancel the process at any time as per the clause incorporated in the tender that it can be rejected without assigning any reason at any time but it does not mean that tender accepting authority is free to take decision in an arbitrary manner, rather authority is bound to record clear, logical reasons for any such action of rejection/recall of tenders. Therefore, the petitioner is constrained to file the present petition.
Apparently, communication dated 13.1.2022 does not disclose any cogent, logical or clear reasoning for cancellation of the tender process wherein bid of the ::: Downloaded on - 15/02/2022 20:11:08 :::CIS petitioner was accepted and approved after negotiations and was sent to the concerned Officer for issuing the .
award letter.
In view of the above, prima-facie case is made out for ad-interim stay. Therefore, operation of impugned cancellation order dated 13.1.2022 is stayed till the next date of hearing with further observation that the petitioner is also at liberty to submit his bid in response to the tender notice dated 27.1.2022 (Annexure P-9) without prejudice to his claim being adjudicated in the present petition and respondents are also directed not to finalize the process of tender in pursuance to invitation dated 27.1.2022 without leave of the Court.
The petitioner is permitted to produce copy of order downloaded from the High Court website and the concerned authority/Court shall not insist for certified copy of the order, however, may verify the order from the High Court website or otherwise.
(Vivek Singh Thakur), th 15 February, 2022 Vacation Judge.
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