IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14200 of 2009 M/S BHARDWAJ CONSTRUCTION Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Rajendra Pd.Singh, Sr. Advocate M/s. R.r.Singh and N.K.Singh Advocates For the State: Mr. Saket Tiwary, AC to GP-16 ------------ 2 30.10.2009 Heard learned counsel for the parties. Petitioner apprehends foul play in award of direction for construction of road of Prime Minister Gramin Yojna Package no. B.R-12R-052 which is for construction of road of Neuhara to Khajpura-Khajpuri in the district of Gaya. Besides the petitioner there are other contractors. One of the tender was on behalf of the Company known as Hari Om Injeecom Private Limited. Petitioner has brought on record annexure-2 which is a format showing short fall and inadequacy in the technical bid of Hari Om. This, according to the petitioner, makes him ineligible for any consideration. The technical bid suffers from many infirmities which have been recorded and there is no question of opening his financial bid. It seems that the Company in question has approached the Chief Engineer, Rural Works Department, Government of Bihar offering certain explanations to the objection and the rejection of the technical bid. The Chief Engineer i.e. respondent no.2 has forwarded his opinion to the Secretary, Rural Works Department with a conclusion that for the reasons indicated in the said communication dated 7.10.2009 the technical bid of - 2 - Hari Om may be reconsidered. Submission of learned Senior counsel for the petitioner is that the explanation offered by the Chief Engineer is only with a view to bail out the said Company and Chief Engineer has kept silent on many an objection. Why the same is being done is not known to the petitioner. Learned counsel representing the State submits that no final decision has taken based on the recommendation of the Chief Engineer. It is only his opinion on the issue which will have to be finally considered by the Secretary at the level of the Government. Probably the petitioner has too much of anxiety on the issue and has rushed to the Court even before the final opinion has been expressed by the concerned or competent authority. The Court has gone through annexure-2 and it seems to be emphatic. The Court does not want to go into the various reasons given by the Chief Engineer at this stage. This writ application is disposed of with the direction that Secretary or the Committee headed by the Secretary shall look into this aspect of the matter and take a final decision. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)