Calcutta High Court (Appellete Side)
Alok Kumar Saha vs The State Of West Bengal & Ors on 15 July, 2022
Sl. No.12
15.07.2022
Court No.24
B.M.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
WPA 13146 of 2022
Alok Kumar Saha
Versus
The State of West Bengal & Ors.
Mr. Robiul Islam
Mr. S. A. Munshi
... for the petitioner
Mr. Debapriya Chatterjee
... for the State
Mr. Usof Ali Dewan
Mr. Amanul Islam
... for the respondent no.6
The petitioner has challenged the Notice Inviting e-
Tender No.05/2021-2022 dated 10th January, 2022
published by the Prodhan of Dhoradaha-II Gram
Panchayat.
The work is for the purpose of construction of
Sajaldhara and the tender amount is Rs.12,12,756/-
only. The period of completion of the work is 45 days. The
date of publishing the tender was 11 th January, 2022.
Last date of dropping the tender was on or before 20 th
January, 2022. The date of opening the tender (technical
bid) was 21st January, 2022. The date of opening the
financial bid was to be notified later on.
Learned advocate representing the petitioner
submits that the financial bid was opened in May, 2022.
The primary contention of the petitioner is that for
the amount which has been put to tender, the Prodhan is
not the competent authority to issue the notice inviting e-
tender.
In support of the aforesaid statement, the
petitioner relies upon an order dated 4 th July, 2022
passed by this Court in WPA 8615 of 2022 with CAN 1 of
2022, in the matter of Sri Krishna Pada Mahato & Anr.
vs. State of West Bengal & Ors.
The petitioner prays for setting aside the entire
tender process.
Learned advocate representing the Prodhan
submits that the financial bid was open on 18 th February,
2022 and the work order has been issued in favour of the
successful tenderer on 16th March, 2022. It has been
submitted that the work is complete by now.
Learned advocate representing the Block
Development Officer submits, upon instruction that, no
complaint was received from any of the parties against
the aforesaid Notice Inviting e-Tender. In the absence of a
formal complaint, it was not possible for the Block
Development Officer to interfere in the matter and take a
decision thereon.
I have perused the judgment passed in the matter
of Sri Krishna Pada Mahato (supra). In the said order the
Court took into consideration the notification No.2254-
F(Y) dated 24th April, 2014 issued by the Finance
Department, Audit Branch, Government of West Bengal.
The Court took into consideration Rule 17(5) of the West
Bengal Panchayat (Accounts, Audit and Budget) Rules,
2007. Rules 17(5)(b) mentions that
" If the estimated value of the work exceeds
rupees five lakh in case of general works or for
sanitary and plumbing works or rupees two lakh in
case of electrical works, sealed tenders shall be
invited openly on behalf of the Artha O Parikalpana
Upa Samity by publishing a notice giving at least
fifteen days time and copies of notice inviting
competitive bids in sealed cover shall be published
in at least one local newspaper widely circulated in
the area concerned well in advance; in addition,
the tender notices shall be displayed prominently
in the notice board of the Gram Panchayat and
other places as mentioned in clause (a), contractors
enlisted in Class-I category of the Gram Panchayat
shall also be eligible to participate in such open
biding."
In the present case, tender amount is more than
Rs.12 lac and accordingly, the Prodhan was not the
appropriate authority to float the e-tender.
As it has been submitted by the learned advocate
representing the Prodhan that work order has already
been issued and work is complete by now, accordingly,
the Court thinks it fit to direct the Block Development
Officer to enquire into the matter and if it appears that
the work order is yet to be issued or if the work has not
yet commenced despite issuance of the work order, then
necessary steps shall be taken by the Block Development
Officer to immediately stop the entire process.
In the event, the work has been started or
completed, then the Block Development Officer will not
interfere in the said process.
The order passed herein be circulated by the Block
Development Officer to all the Panchayat authorities
within its Block to make them aware of the procedure
that is to be followed at the time of inviting tender by the
Panchayat.
The Block Development Officer shall intimate the
petitioner the action taken in the matter within a period
of two weeks from the date of communication of this
order.
The writ petition stands disposed of.
Urgent photostat certified copy of this order be
supplied to the parties, if applied for, as early as possible.
( Amrita Sinha, J.)
