9911796707
TMI Blog2016 (5) TMI 1617X X X X Extracts X X X X X X X X Extracts X X X X ..... ns in Basta Block of Balasore District under D.I.P. (Phase-1)" on the ground of non-achieving the minimum qualifying criteria and consequential invitation for bids issued by the Superintending Engineer, Drainage Circle, Balasore in e-Procurement Notice No. SEDCBLS-07/2015-16 and Bid Identification No. SEDCBLS/DDBLS-15/2015-16 in Annexure-5 dated 8.2.2016. The Superintending Engineer, Drainage Circle, Balasore in the Department of Water Resources vide Annexure-1 invited bids from the intending candidates throughout the State of Odisha as well as outside the State of Odisha to execute seven Nos. of works. As per Clause-3 of the tender call notice, the authorities have specified the mode of bid/period of availability of bid on-line, date and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting for receiving the work order to execute the same, all on a sudden he gathered information that on the ground of non-achieving the minimum qualifying criteria, the tender for the work "Improvement to Pejagala Drainage System & its link Drains in Basta Block of Balasore District under D.I.P. (Phase-1)" has been cancelled and consequently, fresh invitation for the bid has been issued in Annexure-5. Hence, this petition. 2. Mr. G. Satpathy, learned counsel for the petitioner urged that the order impugned in Annexure-4 cannot sustain in the eye of law as no opportunity of hearing has been given to the petitioner before-such cancellation. The petitioner having been found suitable both in the technical bid and financial bid, cancellation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and after going through the records, if appears that the facts narrated above are not in dispute. On perusal of the impugned order in Annexure-4 dated 5.2.2016, it appears that by a cryptic order without assigning any reasons, the tender has been cancelled and more so, it appears that the said cancellation has not been communicated to the petitioner. It is admitted fact that the petitioner has qualified in both the technical and financial bid pursuant to the invitation bid in Annexure-1. But in order to justify the action of the authorities, the reasons have been assigned in paragraph 5 of the counter affidavit, which reads as follows: "Studied the technical bid papers submitted by M/s. Shree Ganesh Construction and observed the followi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner, New Delhi and others, AIR 1978 SC 851 that: "When a statutory functionary makes ah order based on certain grounds, its validity must be judged by the reasons so mentioned and cannot be supplemented by fresh reasons in the shape of affidavit or otherwise. Otherwise an order bad in the beginning may by the time it comes to Court on account of a challenge, get validated by additional grounds later brought out." 7. In Commissioner of Police, Bombay v. Gordhandas Bhanji, AIR 1952 SC 16, the Apex Court held as follows: "Public orders publicly made, in exercise of a statutory authority cannot be construed in the light of explanations subsequently given by the officer making the order of what he meant, or of what was in his mind, or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bid is the highest or lowest.
11. None of the judgments referred to by the learned Addl. Govt. Advocate for the State is applicable to the present context.
12. In view of the reasons assigned in the foregoing paragraphs, it appears that since no reasons have been assigned in the order impugned in Annexure-4 and subsequently by filing affidavit, the opposite parties have tried to justify their action by giving explanation, this Court is inclined to interfere with the same. Thus, the order impugned in Annexure-4 dated 5.2.2016 and the consequential invitation of bid in Annexure-5 also cannot sustain and accordingly, the same are hereby quashed. The writ petition is accordingly allowed. No cost.
Vineet Saran, C.J.
I agree. X X X X Extracts X X X X X X X X Extracts X X X X
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