30 etitio Pner versus Eegpondents 1. Sfate of Chhattisgarh, Thougf’lt $ts Secmtary, Public Works Department, DKS Bhawan, Raipur, Chhattisgarh. 2. The $uperintending Engineer, Pubiic Works Department, BHeepur Circle, Biiaspur, Chhattisgarh. 3. The Post Master, Past Office, Pendra, Distiict Biiaspur, Chhattisgai'h. Present : Shri Ankii $inghai, counsel for the petitioner. Shri UNS Deo, Govt. Adv. for the State/respondent. aRaER (1 1t“ April, 201 1) Per Shirendra Mishra J The petiticner hae filed this petiticn and prayed for direci‘ioa fa , reepondent N02 to aocept EMD iii Envelope A set‘it through speed poet an 19.3.2011 am‘ considef the bid of the petitioeer fer the said tender work. 2. Grievance of the petitiener is that in response to tender notice of Annexure PM, he submitted his offer through online bid on 21.3.2011. He elee dispatched EMD certiticate in Envelope A by speed post on 19.3.2011 as stipulated in the agreement. However, the said envelope was delivered by the postal department on 26.3.2011, whereas the last date for physical submission of the envelope was 25.3.2011 by 17.30 prn. The envelope was not aocepted by respondent No.2 and the same was returned undetivered to the petitioner on 29.3201 1. The delay in physical submission of Envelope A containing EMD certificate occasioned on are-count of failure on the part of postal department/respondent No.3 and in these oircurnstanoes, in the /\ ' // 3? interest of ju5t§ce, .resparadent Ne.2 be directed i0 amept Envelope A centainmg EMD semi by the petitkmer and cangider his bid {war thé said tender Annexui‘e P/L which aieariy pmvides thai physicai whmission of EMD Enveiape by speed facet or regieiered; posi can be aecepted up to 25.3.2011 by 17,30 pm, n0 difection to resperident No.2 can be issued in Vieiaiion of candiiions cf ihe tender noiiee. The petitien i3 without any substance, the same desewes te be and is, accordingly, dismissed at the admission stage Y. r’\‘ F work. 3. We have heard {earned counsei for the petiticner. 4. Keeging in View the spesma condition in the tender natice of itself. i Sd/- sd/- R.L. Jhanwar Dhirendra Mishra Judge Judge