Petitioner has approached this Court inter alia challenging the action of the respondent authority calling upon the petitioner to provide performance guarantee for an amount of Rs.4,0,1500/- in terms of Ext.P3. According to the petitioner, terms of the contract did not envisage calling upon him to provide such a bank guarantee.
2. A perusal of Ext.P3 indicates that the petitioner had submitted his tender at a rate 7.3% less than the estimated rate. This has resulted in the 2nd respondent calling upon the petitioner to provide a performance bank guarantee for the difference in amount.
3. The learned Government Pleader has produced the relevant portion of the PWD Manual 2012 which inter alia indicates that if the quoted rates are less than the estimated amount tenderer will have to provide performance bank W.P.C.No.13821/2014 2 guarantee for the balance amount. When the 2nd respondent issued Ext.P3 based on PWD Manual 2012 which apparently forms part of the contract, the petitioner cannot have a complaint regarding validity of Ext.P3.
In the result, this writ petition is liable to be rejected. Accordingly, the writ petition is dismissed. However, the petitioner is granted time till 13/06/2014 to submit performance bank guarantee without any interest.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr