Rite Water Solutions (I) Pvt. Ltd. v. State of Rajasthan
2021-01-27
I.MAHANTY, SATISH KUMAR SHARMA
body2021
DigiLaw.ai
JUDGMENT : 1. Brief facts of the matter are that the respondents invited tenders for the purpose to provide pure drinking water at various places in Rajasthan. The tenders submitted by the present appellants could not technically qualify the conditions, therefore, their tenders were rejected. They preferred first departmental appeal under the provisions of Rajasthan Transparency in Public Procurement Act, 2012 which was dismissed. Thereafter, they preferred second appeal which also came to be dismissed. Both the appellants challenged the order of second appeal by way of SB Civil Writ petitions No. 7935/2019 and 8097/2020 which also came to be dismissed vide order dated 07.09.2020 and 30.09.2020. Hence, being aggrieved of the order of Single Bench dated 07.09.2020 and 30.09.2020, this appeal has been presented. 2. We have heard learned counsel for both the sides and perused the material made available on record. 3. Learned counsel for the appellants have submitted that the first appeal was dismissed by the authority who himself rejected the tender of the appellants which was against the principles of natural justice. The second appeal was dismissed without any scrutiny of the matter. Learned Single Judge has also refrained from analyzing the issues raised in the petitions. The present appeals deserve to be allowed. 4. Learned counsel for the respondents have supported the impugned order with the submissions that scrutiny of the issues has been made consecutively by 3 forums and the claim of the appellants was held to be untenable. 60-70% of work under contract has already been carried out, hence, the appeals have become infructuous which deserve to be dismissed. 5. Heard. Considered. 6. On perusal of the record, it is apparent that the tenders submitted by the present appellants were rejected as they did not strictly satisfy the terms and conditions prescribed by the respondents. The issues raised by the appellants in first appeal were meticulously examined and the same were dismissed with a well-reasoned order. Hence, it cannot be said that the order of first appeal is arbitrary, biased or unjustified in any manner.
The issues raised by the appellants in first appeal were meticulously examined and the same were dismissed with a well-reasoned order. Hence, it cannot be said that the order of first appeal is arbitrary, biased or unjustified in any manner. The order of first appeal was upheld in second appeal and thereafter, the issues raised by the present appellants in SB Civil Writ Petitions No. 7935/2020 and 8097/2020 were considered in detail by the Hon'ble Single Judge and it has been rightly held that the appellants submitted two certificates from different medias which were not in consonance with the terms prescribed by the respondents. Besides this, substantial work has already been carried out under the contract which also renders the appeals infructuous. 7. Thus, in view of the above, no case is made out to interfere in the impugned judgment, accordingly, the present appeals are hereby dismissed.