ORDER Undisputedly, vide tender notice dated 4.2.2015, Annexure No. 1 to the writ petition, bids were invited for loading/transportation of foodgrains/sugar from Haldwani/Ramnagar to different godowns located at different places as mentioned in page No. 2 of the tender notice; perusal of the very first line of the notice reveals that tender notice was issued inviting the bids under the provisions of Uttarakhand Procurement Rules, 2008; petitioners as well as respondent No. 4 and few others submitted their respective bids in compliance of tender notice, Annexure No. 1 to the writ petition, within time; undisputedly, as per tender notice and Procurement Rules, first of all technical bids are to be open and if technical bids are found to be correct in accordance with Rules, only then financial bids are permitted to be open. 2. Respondent No. 4 has submitted his technical as well as financial bid for five godowns, namely, Khumar, Syalde, Bhikiyasain, Jalli and Soni. Petitioners also submitted their technical bid for these five godowns. 3. Rule 20 of the Procurement Rules, 2008 reads as under : 'Bid Security or Earnest Money ' 20 (1) To Safeguard against a bidder's withdrawing/altering its bid during the bid validity period in the case of advertised or limited tender enquiry, bid security (also known as earnest money) is to be obtained from the bidders except those who are exempted under specific provisions of law or rules. Amount of bid security should ordinarily range between 2% to 5%. The given percentage will depend on the total cost of the goods as follows :- (i) Upto Rs. 1 lakhs - 5% (ii) Rs. 1 lakh to 5 lakh - 4% (iii) Rs. 5 lakh to 25 lakh - 3% (iv) Above Rs. 25 lakh - 2% shall be charged. (2) From time to time the Government may revise such rates. The bid money should be pledged in the name of Government/authority in the form of demand draft or fixed deposit receipt or Bankers cheque or Bank guarantee or deposited in given heads of account through e-banking (if any) to the satisfaction of the competent authority safeguarding the interest of the purchaser in all respects. The bid security is normally to remain valid for a period of 45 days beyond the final bid validity period and the period may also be extended. The bid security is normally to remain valid for a period of 45 days beyond the final bid validity period and the period may also be extended. (3) Bid securities of the unsuccessful bidders should be returned to them at the earliest after expiry of the final bid validity but not later than 30 days after the award of the contract by the concerned department/authority.' 4. Perusal of Rule 20 of the Procurement Rules would reveal that every bidder is supposed to deposit security/earnest money ranging between two per cent to five per cent depending upon the total cost of the goods or service. Perusal of tender notice, Annexure No. 1 to the writ petition, would reveal that in the chart at Serial Nos. 15, 17, 18, 20 and 22, place of godowns are mentioned; at Column No. 3 mentioned against Serial Nos. 15, 17, 18, 20 and 22, earnest money/amount of security, which was to be submitted along with technical bid as per Rule 20, are also mentioned. 5. Undisputedly, respondent No. 4 has not deposited amount of security/earnest money as mentioned against Serial Nos. 15, 17, 18, 20 & 22 and has deposited much-much less amount than the amount shown in Chart against Serial Nos. 15, 16, 18, 20 & 21. 6. Mr. A.K. Joshi, learned Additional Chief Standing Counsel appearing for respondent Nos.1, 2 & 3 and Mr. Sudhir Kumar, learned counsel appearing for respondent No. 4, submitted that since it has not been mentioned in specific words in the tender notice that bidders have to deposit/furnish security/earnest money along with bid documents, therefore, deposit of lesser amount will not make respondent No. 4 ineligible, disentitled or disqualified for the contract. 7. As held hereinabove that very first line of the tender notice itself demonstrates that tender notice is being issued under the Uttarakhand Procurement Rules, 2008, therefore, in my humble opinion, all the provisions of Procurement Rules, 2008 are applicable; Rule 20 of the Procurement Rules provides deposit of the earnest/security money for the service rendered and amount of security/earnest money is clearly mentioned in the Chart of the tender notice against Serial Nos. 15, 17, 18, 20 & 22. Since, respondent No. 4 has not deposited entire earnest/security money as mentioned therein, therefore, his financial bid ought not to have been accepted for any of the station. 8. 15, 17, 18, 20 & 22. Since, respondent No. 4 has not deposited entire earnest/security money as mentioned therein, therefore, his financial bid ought not to have been accepted for any of the station. 8. In view of the above, contract granted in favour of respondent No. 4 is liable to be quashed and is hereby quashed. 9. Mr. A.K. Joshi, learned Additional Chief Standing Counsel, in all fairness for which he is known at the Bar, submits that Department shall examine all the technical bids and financial bids afresh in the light of Procurement Rules and shall take appropriate fresh decision preferable within a week from today. 10. Writ petition stands disposed of in the above terms. 11. CLMA No. 2812 of 2015 also stands disposed of accordingly. Order accordingly.