M/S Asha Technologies, Through Its Prop vs State Of Himachal Pradesh And Others

Petitioner has filed this petition under Article 226 of the Constitution of India, seeking the following relief(s):-

“(i) That the E.Mail/Letter dated 11.12.2021 whereby the tender has been cancelled vide Annexure P-4 without assigning any reason may kindly be quashed and set aside.

(ii) That the respondents may kindly be restrained from inviting fresh tenders for procuring these machines.

(iii) That the respondents may be directed to issue the due supply order and produce the whole record regarding the tender bid process invited vide Annexure P-1.”

On 20.1.2022, following order was passed by this Court:-

“In pursuance to order dated 19.1.2022, learned Senior Additional Advocate General has made available record of the case for perusal of this Court. From the record, it cannot be made out as to on what basis, the tender in question was cancelled, as communicated to the petitioner vide Annexure P-4. On pointed query made to learned Senior Additional Advocate General to reveal the reasons, if any, for such cancellation, it has been submitted that there is no such document on record, save and except, letter dated 30th October, 2021, issued by Special Secretary (Health) to the Government of Himachal Pradesh to the Director Medical Education and Research, H.P. Shimla. This letter also does not answer the query of the Court, as it only refers to the decision of the Government, as regards re-tendering for procuring Automated Bacterial and Fungal Identification & Antibiotic Susceptibility Testing System and Automated Bacterial & Fungal Culturing Systems etc. The cancellation of the tender in question was ordered on 11.12.2021 vide Annexure P-4 and the communication referred hereinabove dated 30th October, 2021 precedes the cancellation. Therefore, this Court is prima facie of the view that once the tender process was undertaken, it could have been taken to its logical end either by accepting the tender or cancelling it on justifiable reasons, but no such reason is coming forth. In the circumstances, the respondents are directed to file detailed reply.

List on 22.2.2022. In the meantime, re-tendering process, if any, initiated in pursuance to communication dated 30th October, 2021, shall remain stayed.”

We have heard learned counsel for the parties and have gone through the record available on the file, carefully.

In the present case, the tender in question was issued on the 4th occasion and the earlier tenders issued by the respondents, were cancelled. However, the impugned order dated 11.12.2021 (Annexure P-4) is a non-speaking order and does not spell out any reason as to why the tender has been cancelled.

We had called the record and after examining the same, it transpired that the tender has been cancelled without assigning any reason. Since the impugned order is a non-speaking order, the same is not sustainable in the eyes of law and is liable to be set aside.

Accordingly, the petition is allowed. The impugned order dated 11.12.2021 (Annexure P-4), is set aside. Respondent No.3 is directed to take further action, in accordance with law, within two weeks.

Pending miscellaneous application(s), if any, also stand disposed of.