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2. Be it be noted here that Annexure-H is the INTEGRITY PACT i.e., PRE-CONTRACT INTEGRITY PACT, part of the tender document to be signed both by the employer and the bidders. The first recital thereof reads as under:

"To avoid all forms of corruption by following a system that is fair, transparent and free from any influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into with a view to."

4. Be it noted here that on account of Standing Instruction dated 1st August, 2022 issued by Hon'ble the Chief Justice, all tender matters are to be heard by the Division Bench. That's why the matter has been placed before this Bench after assignment of roster.

5. Meanwhile Independent External Monitors were undertaking the exercise on representation of the petitioner. BCCL also participated therein and its submissions are noted by the Independent External Monitors as enclosed in their counter affidavit. The Independent External Monitor took note of the stand of the BCCL that once the bidder had signed the Integrity Pact, it should not have approached the Court. Having represented the matter before the IEMs, they should have waited for their decision in the matter. BCCL also submitted its comments on the merits of the complaint relating to disqualification of the technical bid of the petitioner. The Independent External Monitor conveyed their opinion on 28th November, 2021 to the Chairman and Managing Director, BCCL, Dhanbad on 20th November, 2021 in the following terms:

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10. Upon consideration of the relevant materials borne from the record taken note above, we find that the Independent External Monitors have laid off their hands on the enquiry only for the reason that the matter is sub-judice before this Court. Independent External Monitors have been appointed as per the tender documents. Every bidder including the petitioner and the respondent no. 4 must have signed the Integrity Pact. The object of the entering into Integrity Pact was to ensure that the tender process is undertaken in a fair and transparent manner and is not influenced by any dealings prior to, during and subsequent to the currency of the contract to be entered into. The bidders were also required to give an undertaking as per Section 2 thereof and all bidders were to be treated equally as per Section 6 of the Integrity Pact. The Independent External Monitors, in fact, on 17th October, 2021 before award of Letter of Acceptance in favour of the respondent no.4, opined that the tender should not be finalized in favour of any tenderer. We do not find any reason as to why the Independent External Monitor should have kept the inquiry in abeyance only on account of the fact that the petitioner has approached this Court. Independent External Monitors are experts in their field nominated by Central Vigilance Commission to act as a watchdog in award of tender in such contracts as per Section 8 of the Integrity Pact.

13. Matter be listed on 27th September, 2022.

Let a copy of this order be handed to the learned counsel for the Respondent-BCCL by tomorrow.

4. It appeared to this court that the Independent External Monitors ('IEMs' in short) had been in seisin of the matter and vide communication dated 17.10.2021, IEMs had opined that tender should not be finalized till completion of the inquiry and submission of the reports of IEMs. However, later on as per their opinion dated 20.11.2021, the inquiry was put in abeyance on account of filing of the instant writ petition. This court, upon hearing the parties on 07.09.2021, was of the view that the IEMs being experts in their field, nominated by the Central Vigilance Commission to act as a watchdog in award of tender in such contracts, as per Section 10 of the INTEGRITY PACT, should have arrived at a considered opinion after due inquiry in respect of the issues raised before it by the petitioner. This court also directed the petitioner to make a deposit of Rs. 2.5 crore before the learned Registrar General of this court in order to secure the interest of the Employer as also to ensure commitment of the petitioner to undertake the work if it ultimately succeeds. Deposits were made by it. The final opinion of the IEMs were brought on record through an affidavit dated 22.09.2022, taken note of in the order dated 27.09.2022. The IEMs held that the rejection of the bid of the petitioner on 12.10.2021 was bonafide on merits and facts on record. Its conclusions are extracted hereunder :