participated in the Tender and had submitted financial bid 10% above the estimated price. It is stated that because the petitioner had quoted 10% more than the approved rate, the Additional Chief Executive Officer – cum – Secretary, Bihar Road Development Authority, Patna issued a letter bearing No. 3021 dated 30.07.2018 addressed to the Superintending Engineer, Rural Works Department, Works Circle, Sasaram, by which the financial bid of the petitioner was forwarded without making any recommendation on the same with a request to the Superintending Engineer to make appropriate comments/ recommendations on the rate quoted by the petitioner. It is further stated that vide Annexure ‘P/3’ the Executive Engineer, Rural Works Department, Work Division, Bhabhua called upon the petitioner to provide justification for quoting 10% above the approved rate. The petitioner claims that vide his letter dated 16.08.2018, as contained in Annexure ‘P/4’, he informed the Executive Engineer giving justification of his Tender and requested for allotment of the same. It is stated that later on vide Annexure ‘P/5’ he had submitted it to the Superintending Engineer, Rural Works Department, Work Circle, Sasaram that he would be ready to do the work on the approved rate.
