IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4014 of 2009 MAA JAGDAMBIKA CONSTRUCTION PVT LIMITED, Karma Road, Aurangabad, P.S. Aurangabad Town, District – Aurangabad, Bihar through its Director Shri Rajeshwar Singh, son of late Mundrika Singh, Karma Road, Aurangabad. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary, Water Resources Department, Govt. of Bihar, Patna. 3. The Engineer in Chief (Mid), Water Resources Department, Govt. of Bihar, Patna. 4. The Engineer-in-Chief (North), Water Resources Department, Govt. of Bihar, Patna. 5. The Deputy Secretary-cum-Internal Financial Adviser, Water Resources Department, Govt. of Bihar, Patna. 6. The Superintending Engineer, Flood Control & Monitoring Circle, Sichai Bhawan, Patna. 7. The Executive Engineer, Office of the Engineer-in-Chief, Koshang, Patna. 8. The Executive Engineer, Ganga Pump Canal Division No.2, Bateshwarsthan, Kahalgaon, Camp – Shivnarayanpur (Bhagalpur). ----------- For the petitioner: M/S. Rajendra Pd. Singh, Sr. Advocate, Rajeev Kumar Singh and Onkar Kumar. For the State: Mr. Mr. Manindra Kishore, GP 12 & Mr. Dhananjay Kumar, AC to GP 12. ------- 13. 08.12.2009 The matter is being disposed of after having heard learned senior counsel representing the[petitioner and learned counsel for the respondent State. The subject matter of challenge in the present writ application is the decision dated 19.3.2009 taken by the Tender Committee. Petitioner’s tender despite his initial short-listing came to be rejected for the reason that certain variance came to be found in the returns, which were annexed by the petitioner with the tender papers and the returns filed before the statutory authority specially the - 2 - Registrar of Companies. Atleast two years were pointed out to be an issue. The years are 2003-04 and 2004-05. Petitioner was required to file the turn over documents and returns for the last five years, beginning from 2003-04 to 2007-08. Besides the variance in the said returns some discrepancy has also been noticed and pointed out in the return relating to the year 2006-07 which, according to the petitioner, gives him eligibility for being awarded the contract. The stand of the respondent authorities is that there is variance in the said returns and that formed the basis for cancellation of the contract. Learned senior counsel has some explanations with regard to the accounting procedure and so-called profit and loss account, which are there on record. The Court does not want to record its opinion on the same for the reason that the Court is inclined to relegate the matter back to the respondents on a very limited question and any observation of the court one way or the other may prejudice the petitioner. After all the detailed submissions, which were made at the bar, the issue boils down to the question of violation of principle of natural justice. Submission of the learned senior counsel is that if only petitioner was given an opportunity to explain the variance in the turn over or the returns filed before the different authorities, he would have successfully explained it to the respondents and the civil consequence would not have followed thereafter. Since the petitioner was not given an opportunity and heard on this issue, therefore, the - 3 - order requires interference. On the question of right of hearing or opportunity there is no clear pleadings on behalf of the respondents. In view of the above, the matter is relegated back to the respondents specially the Principal Secretary, Water Resources Department, Government of Bihar (respondent No.2) who may take assistance of the so-called Tender Committee and its Members. Petitioner would be obliged to appear before him on or before 16th December, 2009 with a copy of this order. The Principal Secretary thereafter will fix a date and time and consider the explanation, if any offered by the petitioner, both in writing or orally. The final decision thereafter should be rendered at the earliest to settle the dispute. The writ application along with I.A. stands disposed of. rkp (Ajay Kumar Tripathi, J)