Gurpal Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Civil Writ Petition No. 13978 of 2020 (O&M) Date of Decision: 09.09.2020 Gurpal Singh .......... Petitioner

Versus

State of Punjab and others .......... Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH HON'BLE MR. JUSTICE SANT PARKASH

Present:

Mr. Anurag Chopra, Advocate for the petitioner.

[ The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court ] **** JASWANT SINGH, J. (ORAL) By filing the present petition, the petitioner seeks, inter alia, quashing the Tender Summary dated 23.08.2020 (Annexure P-2) for Labour Cartage Work, whereby the technical bid of the petitioner alongwith all the other contractors for District Amritsar has been rejected on a common ground for having not submitted / uploaded the copy of Aadhar Card at the time of technical evaluation.

It is averred that the petitioner had submitted its bid for being appointed as Labour and Cartage Policy for Cluster Mehtra in which private respondent No. 4 had also participated. The petitioner provided list of requisite number of labourers and trucks to carry out the said work, however, the technical bid was rejected vide Summary dated 23.08.2020 (P2) stating that the petitioner has not supplied the copy of Aadhar Card at the time of technical evaluation. It is further stated that all the contractors duly submitted the said list to the respective committees, but the committees DINESH KUMAR 2020.09.10 13:55 I attest to the accuracy and integrity of this document

C.W.P. No. 13978 of 2020 (O&M) -2discard the same in order to give the benefit to their contractor. It is further averred that the technical bid of the private respondent No. 4 has been illegally accepted by the official respondents notwithstanding the fact that a false undertaking before the Executive Magistrate regarding the labourers has been undertaken by the said contractor, which is in violation of the provisions of the Punjab Foodgrains Labour & Cartage Policy, 2020-21. Moreover, respondent No. 5, though applying the tender in its individual name, has submitted the EPF number / code of respondent No. 4-Firm. Hence, it is also prayed that the technical bid submitted by the private respondent(s) may be rejected.

After arguing for some time, counsel for the petitioner prays for permission to withdraw the present petition with liberty to file an appeal before the competent authority under Clause-16 of the Punjab Foodgrains Labour & Cartage Policy, 2020-21 (Annexure P-1). Dismissed as withdrawn with the liberty, as prayed for. It is hoped that the appeal shall be decided within a reasonable time.

( JASWANT SINGH ) JUDGE September 09, 2020 ( SANT PARKASH ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2020.09.10 13:55 I attest to the accuracy and integrity of this document