P.V. Asha JUDGMENT
P.V. Asha, J.
1. Petitioner, who is an A Class Contractor, has challenged Ext. P8 order alleging that the 2nd lowest bidder on 08.09.2020 was awarded the work without cancelling the selection notice issued to him and the same is in violation of clause 2009.6 of PWD Manual.
2. The 3rd respondent-the Superintending Engineer, PWD (Roads) North Circle issued a notice inviting tender for the work of 'providing BM&BC to Thalassery-Baveli Road KM/86/000 to 96/000 in Wayanad District'. Petitioner submitted his bid on 18.05.2000. As he was the successful bidder-L1, the 3rd respondent issued Ext. P1 selection notice to the petitioner on 11.06.2020 accepting his tender at Rs. 4,31,69,527.76/- and directed him to report for executing the agreement within 14 days. Petitioner was directed to produce stamp paper worth Rs. 43,200/- and remit a sum of Rs. 21,58,500/- towards performance guarantee, 50% of which should be in the form of treasury deposit and to start the work within a further period of one week on getting necessary instructions from the Executive Engineer. He was also informed that a further extension by 10 days, would be given on payment of fine of 1% of the PAC subject to a minimum of Rs. 1,000/- and maximum of Rs. 25,000/- and that in case he fails to execute the agreement within the said 24 days, the proposed contract would be cancelled forfeiting the earnest money deposit (EMD) and the work would be awarded to the next lowest tenderer and that the risk involved would be realised from the petitioner.
3. Petitioner thereupon submitted Ext. P2 letter dated 29.06.2020 informing the 3rd respondent that as he is aged 75 years, he was not in a position to travel in view of the restrictions on account of Covid-19 pandemic. He stated that he was ready to commence the work without executing the agreement, in view of the prevailing circumstances. He requested for extension of time for execution of agreement without payment of fine and permission to commence the work, after issuing selection notice.
4. The 3rd respondent, as per Ext. P3 letter dated 06.07.2020, informed the petitioner that permission to commence the work without executing agreement can be given only by Government. Pointing out the emergency involved in the matter for completing the work, petitioner was asked to come over directly to the office, for executing the agreement, without halting or going anywhere else, in the midst of his journey, reminding him that the last date for executing the agreement is 06.07.2020 and that the last date for the same with payment of fine is 16.07.2020. He was asked to take emergent steps for executing the agreement after producing the requisite documents in accordance with law, pointing out that none of the requisite documents were produced so far. Thereafter, on 04.08.2020, petitioner, as per Ext. P4 letter, again informed the 3rd respondent that he was not in a position to travel for executing the agreement, on account of Covid-19 protocol, since he was aged 75 years and requesting to extend time without liability to pay fine. Thereupon, the 3rd respondent as per Ext. P5 letter dated 12.08.2020 informed the petitioner that since he failed to produce any of the documents necessary for executing the agreement despite the repeated letters issued to him, he would be removed from the work at his risk and cost in case he fails to take emergent steps within 7 days of receipt of that notice, for executing the agreement after producing the relevant documents and payi........