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2020 DIGILAW 131 (JK)

Salathia Construction Works v. Union Of India

2020-03-03

SANJAY KUMAR GUPTA

body2020
JUDGMENT 1. The case of the petitioner is that he was enlisted as 'E' Class Contractor in Military Engineering Services. The respondent No. 4 floated tender notice for the work named as outsourcing for management and operation of 33/11 KV sub-Station at Shri Kali Mata Sub-Station under GE utilities Udhampur YD No. GE/U-52-2019-20 dated 04.01.2020. 2. The petitioner participated pursuant to tender above and has fulfilled all necessary requirements as stipulated in the eligibility conditions explained in the tender document. Thereafter, the respondents opened the technical bid and his technical bid was rejected on the ground that his work load report had contained 'No' against the remarks column. 3. Further, the case of the petitioner is that the latest work load report of quarter ending December, 2019 has cleared the case of the petitioner in terms of the work load report and the remarks column contained the entry 'Yes' instead of 'No'. 4. The petitioner has also made a representation in this regard to the respondents vide Annexure-III and that representation is still pending. 5. After arguing for a while, the petitioner has stated that without considering the representation, the respondents are going to open the financial bid. 6. Mr. Eishaan Dadhichi, learned CGSC stated at the bar that if any representation is pending that shall be decided on its own merits. In view of the facts and circumstances of the case, I am of the view that this petition is disposed of by directing the respondents to consider the representation, if any, of the petitioner according to the rules and regulations on the subject before opening the financial bid. The whole exercise shall be completed within two weeks. 7. Disposed of as above.