IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15221 of 2009 SANJEET KUMAR SINGH, aged about 36 years, son of Late-Baleshwar Singh, Resident of Village-Bindaul, P.S.-Khijarsarai, District-Gaya. …….Petitioner Versus 1. The State Of Bihar 2. The Principle Secretary, Rural Works Department, Government of Bihar, Patna 3. The Chief Engineer, Rural Works Department, Government of Bihar, Patna. 4. The Superintending Engineer, Rural Works Department, Government of Bihar, Patna 5. The Executive Engineer, Rural Works Division, Government of Bihar, Gaya 6. Satyendra Kumar Yadav, son of Not known, Shastrinagar Road No-4, Rampur Mohalla, Town Gaya, District-Gaya. …….Respondents. ----------- 02. 11.11.2009 In the Bidders list of project BR-12R-135, Department of Rural Works, Government of Bihar rejected the tender of Respondent No. 6 namely Satyendra Kumar Yadav for two reasons. One that he did not have requisite turn over and second that he stands debarred. On a representation made by the said contractor, the Chief Engineer has rendered his opinion in an effort to bail him out from the said rejection of his tender by giving his reasonings. This, according to the petitioner is only to defeat his claim as he was successful tenderor in every respect as would be evident from Annexure-2. The recommendation of the Chief Engineer requires to be looked into by the Principle Secretary, Rural Works Department as he is the final arbitrator or decision maker on the issue. 2 If that be so, the writ application is disposed off with a direction that the Principle Secretary will look into the records, verify the material available and will not go by the opinion rendered by the Chief Engineer mechanically despite a recommendation in this regard contained in Annexure-1. The Principle Secretary, Respondent No. 2 will render his opinion before the tender in question is finalized in one way or the other. The writ application stands disposed off with the above direction. Shageer (Ajay Kumar Tripathi, J)