Megh HC | Tender for procurement of Assam Rifles cannot be cancelled without giving an opportunity of being heard to the successful bidder

Meghalaya High Court: The Bench of S.R. Sen, J. allowed a writ petition challenging cancellation of tender for procurement of Assam Rifles.

In the present case, the petitioner was declared a successful bidder in a tender for procurement of ‘coat combat disruptive for Assam rifles’. But his tender was cancelled by the authorities all of a sudden without providing him with the opportunity of hearing stating the ground as ‘administrative difficulties’. 

Respondent’s contention was that the petitioner had tried to mislead it by submitting two samples – an advance sample and a final sample. The advanced sample was acceptable but when the final sample was furnished, it was found that it was totally different from the advanced sample. Therefore, the entire bidding was cancelled and the authority called for re-tender. 

The Court, after considering facts of the case, disposed of the petition holding that if respondent wanted to go for re-tendering, it was liberty to do so; but the petitioner had to be given an opportunity of being heard before canceling tender on the ground of mismatch or any other grounds.[Hanumanbux Umadutt v. Union of India, 2018 SCC OnLine Megh 290, decided on 20-12-2018]

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