9911796707
TMI Blog2016 (10) TMI 1376X X X X Extracts X X X X X X X X Extracts X X X X ..... ct of tender ID No. 2015_PHEO_22637_1 issued by the Superintending Engineer, P.H. Circle, Bhubaneswar and further seeks for direction for fresh evaluation of the Bid taking into account the materials submitted by the petitioner. 2. The facts of the case, in a nutshell, are that the Superintending Engineer, P.H. Circle, Bhubaneswar of the Government of Odisha floated Notice Inviting Tender (NIT) for the work "Interconnection of OGRs in IIT Campus, Bhubaneswar at Arugul" by National Competitive Bidding through e-Procurement vide Identification No. SEPHBBSR-22/2014-15 dated 25.03.2015 in Annexure-1. The said notice was uploaded in the website of the concerned Department bearing tender ID No. 2015_PHEO_22637_1 and the estimated cost of the wor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e documents, except the renewed licence as an 'A' Class Contractor for the period from 01.04.2015 to 31.03.2018 as the licence had expired on 31.03.2015, and the renewal application had been filed. The technical bids were opened on 27.04.2015 and uploaded on 15.05.2015 in which the bid of the petitioner was rejected. Thereafter the financial bids of the other qualified tenderers were opened on 16.05.2015 and, on merits, opp. party No. 3 was awarded the contract. The order dated 15.05.2015, by which the tender of the petitioner was rejected on technical ground, was not communicated to the petitioner but only uploaded on the website. It is contended that in the counter affidavit, it may have been stated that the reason for rejection w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pposite party No. 3 having been selected as eligible to execute the work in terms and conditions of the contract itself, no fault can be found with the authority. As such, no illegality or irregularity has been committed by the authority so as to warrant interference of this Court in the present application. 6. We have heard Mr. D.P. Mohanty, learned counsel for the petitioner, Mr. B. Bhuyan, learned Addl. Govt. Advocate for the State-opp. parties 1 and 2 and Mr. G.S. Pani, learned counsel for opp. party No. 3. Pleadings between the parties have been exchanged and with the consent of the learned counsel for the parties the writ petition is being disposed of at the admission stage. 7. In view of the aforesaid, the following two questions a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are the links between the materials on which certain conclusions are based and the actual conclusions. They disclose how the mind is applied to the subject-matter for a decision whether it is purely administrative or quasi-judicial and reveal a rational nexus between the facts considered and conclusions reached. The reasons assure an inbuilt support to the conclusion and decision reached. The fair play requires recording of germane and relevant precise reasons when an order affects the right of a citizen or a person irrespective of the fact whether it is judicial, quasi-judicial or administrative. The recording of reasons is also an assurance that the authority concerned applied its mind to the facts on record and it is vital for the purpos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner that such document was also uploaded along with the summary, and that the complete document was not filed by the petitioner along with the writ petition. On perusal of the summary along with the minutes, it is clear that the same was signed by the authorized personnel at 6.14 P.M. on 15.05.2015 and both the documents were uploaded on the same date at 6.15 P.M., which is not denied by the learned counsel for the petitioner. 12. In such view of the matter, the first contention of the learned counsel for the petitioner that no reason for rejecting the tender documents of the petitioner was given, does not have merit as clear reason that the petitioner had not furnished valid registration certificate as an 'A' Class Contractor, h ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
