20.12.2024
Heard Dr. A.K. Saraf, learned Senior Counsel assisted by Mr. N.N. Dutta,
learned counsel for the petitioner. Also heard Mr. H. Gupta, learned CGC.
The petitioner Company is aggrieved by the cancellation of the tender
process bearing Bid no.GeM/2024/B4810091 dated 22.03.2024 issued by the
General Manager/Construction, N.F. Railways. Learned Senior Counsel submits
that being desirous of participating the petitioner applied in the tender process
and after opening of the price bid the petitioner was found to be L-1 bidder
subsequent thereto the petitioner received a letter from the competent officers
of the NF Railway requesting him to collect the earnest money deposited which
was submitted by the petitioner. The petitioner thereafter came to be informed
that this communication was addressed by the NF Railways in view of its
decision to cancel its tender process. It is submitted that no communication was
made to the petitioner informing the petitioner that the tender process has been
cancelled and that no reasons have been furnished as to why the process had to
be cancelled. Learned Senior Counsel submits that this ought not to have been
done more particularly after opening price bids. In support of his contention, he
referred to the judgment of the Apex Court rendered in Subodh Kumar Singh
Rathour vs. Chief Executive Officer and Ors. reported in 2024 SCC OnLine SC
1682. He, therefore, submits that the Court is required to examine the action of
the NF Railways in cancellation of the tender process and also pass necessary
orders restraining the NF Railway to call for any fresh bids during pendency of
the writ petition in respect of the same work reflected in the item category of
Page No.# 3/4
the particulars which is enclosed as Annexure-1 Page-33 of the writ petition.