IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1776 of 2009 M/S CHITRA GUPTA CONSTRUCTION PVT.LTD. Versus THE STATE OF BIHAR & ORS ----------- 2. 4.2.2009 Heard counsel for the petitioner. The grievance of the petitioner is that its technical bid has been rejected on the ground that an earlier work allotted to it had not made sufficient progress. Counsel for the petitioner submits that such ground cannot be taken for rejecting the technical bid. In the opinion of this Court, evaluation competence of a person seeking award of contract can definitely be made from the angle of his past performance in completion of work. That being so, the decision of the Committee rejecting technical bid cannot be faulted unless it is found that the delay or no progress of the work in question which had weighed upon the authorities in rejecting technical bid of the petitioner was not on account of any laches on the part of the petitioner, but was totally attributable to the departmental authorities, as has been alleged by the 2 petitioner, in this writ application. In view of the fact that the Secretary of the Department was involved in the decision making process leading to rejection of technical bid of the petitioner, this Court would direct the Chief Secretary of the Government of Bihar to look into this aspect of the matter and find out as to whether such delay or slow progress of work in question earlier assigned and allotted to the petitioner in the Irrigation Division, Bhagalpur, on account of which his present technical bid for the tender in question has been rejected, was on account of laches on the part of the petitioner or the departmental authority. In the event it is found that such delay or slow progress of work in question was on account of any laches on the part of the departmental authorities, he would direct the Tender Committee to reconsider the case of the petitioner on merits but on the other hand, if it is found that such delay or laches was squarely attributable to the petitioner, he would reject the 3 representation of the petitioner by passing a reasoned order. In order to facilitate an expeditious decision of the matter, the petitioner is directed to file a comprehensive representation with connected documentary evidence to the Chief Secretary of the Government of Bihar within a period of two weeks from the date of receipt/ production of a copy of this order and the Chief Secretary of the Government of Bihar thereafter shall take necessary decision, as indicated above, within a period of next four weeks. With the aforementioned observations and directions, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/