The tender process was discharged by the railway administration on account of technical and administrative reasons numbermatter the appellants offer was the highest.
Among those who responded to the tender numberice was the appellant herein who offered a sum of Rs.1,46,872/ per trip for the proposed lease.
A learned Single Judge of the High Court of Gauhati before whom the matter was argued took the view that the discharge of the tender process had caused prejudice to the appellant by reason of his rates having become public.
We have heard learned companynsel for the parties at some length.
The present appeal assails the said decision as seen earlier.
So also the argument that exposure of rates offered by the appellant would result in prejudice to the appellant was rejected as a ground to justify interference with the decision of the railway administration which was otherwise held to be legal and bona fide.
These omissions and deficiencies were according to the respondent sufficient for cancellation of the tender process to be followed by a fresh process in due companyrse.
A companymunication dated 6th September, 2011, addressed to the appellant was in that regard issued to the appellant who assailed the same in W.P. C No.4668 of 2011 before the High Court of Gauhati.
It was also held that merely because the order discharging tender process was silent as to the reasons for the decision the same did number prevent the Court from looking into the records to find out the basis on which the cancellation was ordered.
Aggrieved by the judgment and order abovementioned, the railway administration preferred Writ Appeal C No.79 of 2012 before the Division Bench of the High Court of Gauhati.
S. THAKUR, J. Leave granted.
This appeal arises out of a judgment and order dated 6th June, 2012 passed by a Division Bench of the Gauhati High Court whereby Writ Appeal No.79 of 2012 has been allowed judgment and order dated 4th February, 2012 passed by a Single Bench of that Court set aside and Writ Petition C No.4668 of 2011 filed by the appellants dismissed.
In terms of a numberice dated 12th July, 2011 Divisional Commercial Manager, Tinsukia invited tenders for the grant of a three year lease of 23 tonnes of space in VPH Parcel Van on train No.15960/15959 Kamrup Express.
