High Court Punjab-Haryana High Court

Dinesh Soni vs State Of Punjab & Others on 1 July, 2009

Punjab-Haryana High Court
Dinesh Soni vs State Of Punjab & Others on 1 July, 2009
     IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                         CHANDIGARH.


                                         C.W.P. No.9122 of 2009
                                        Date of decision: 1.7.2009

Dinesh Soni.
                                                     -----Petitioner
                               Vs.
State of Punjab & others
                                                 -----Respondents


CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
            HON'BLE MRS JUSTICE DAYA CHAUDHARY

Present:-   Mr. Aman Bansal, Advocate
            for the petitioner.
                  -----

ORDER:

1. This petition seeks quashing of order of allotment of

work to respondent No.8 vide letter dated 5.5.2009 Annexure P-4.

2. The work is of transportation. The petitioner had

applied in pursuance of Tender Notice and quoted the lowest

rates. However, the tender was not allotted to him. According to

the contesting respondents, the rate quoted by the petitioner,

though lowest, was still on the higher side. Accordingly, the work

was allotted to respondent No.8 at a rate lower than the rate

quoted by the petitioner. This stand is clear from the reply of

respondent No.5 to the Legal Notice of the petitioner.
CWP No.9122 of 2009 2

3. Learned counsel for the petitioner submits that in the

letter dated 21.3.2009, Annexure P-1, it is mentioned that the

petitioner submitted list of trucks and affidavit to prove his

competence and the FCI had no objection to issuing of tender to

the lowest tenderer. However, the fact remains that the petitioner

did not agree to decrease the rate which according to the

contesting respondents was on the higher side, though lowest.

4. The petition is dismissed.

5. It is, however, made clear that if the petitioner makes

a representation to the higher authorities about any malafides in

the matter, this order will not stand in his way.



                                         (ADARSH KUMAR GOEL)
                                                 JUDGE


July 01, 2009                              ( DAYA CHAUDHARY )
ashwani                                           JUDGE