Dega Suresh v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.Nos.4266 and 4272 of 2018 COMMON ORDER:

In this Writ Petition eventually the petitioner herein is questioning the action of the respondents in disqualifying him in the 2.

At the hearing, it is submitted by the learned Government Pleader for Roads & Buildings that the sixth respondent-Commissionerate of Tenders is the finalising authority and before the said respondent the petitioner can raise his grievance under Condition No.28.4 of the Tender Conditions. Condition No.28.4 of the Tender Conditions reads as under: "28.4. Tenders will be finalised by the Executive Engineers/Superintending Engineers/Chief Engineers for the works costing up to Rs.2 crores. The tenders for the works costing more than Rs.2 crores will be referred to C.O.T. along with technical bid evaluation for consideration.

The Commissioner of tenders shall scrutinize the tenders submitted by Engineer-in-Chief/Chief Engineer/Project administrators in accordance with the conditions stipulated in the tender document and in case any discrepancy of nonadherence to the conditions, the same shall be communicated which will be binding both on the tender concluding authority and contractor. In case of any ambiguity the decision taken by the COT on tenders shall be final."

3.

It is evident from the above Condition No.28.4 that, in the event of the tender accepting authority detecting any error in evaluation of the tenders by the Superintending Engineer, the tender accepting authority can also direct the Superintending Engineer or Chief Engineer to re-evaluate the tenders.

4.

As it is the complaint of the petitioner that he has been disqualified on unsustainable grounds, he can raise his objections before the sixth respondent herein within a period of one week from the date of receipt of a copy of this order. If any such objections are raised before the sixth respondent, the same may be considered and appropriate further action may be taken in accordance with law, after giving opportunity to all the stakeholders. Till the decision is taken, the interim orders granted earlier on 09.02.2018 shall continue to operate.

5.

With the above direction, the Writ Petitions are disposed of. As a sequel, the miscellaneous petitions, if any, shall also stand disposed of. There shall be no .order as to costs.

______________ A.V.SESHA SAI, J Date:14.06.2018 grk

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.Nos.4266 and 4272 of 2018 Dated: 14.06.2018 grk