Law:

Section:

Pakhtunkhwa Hydel Development Organization Act (I of 1993)--- ----S. 22 [as amended by Khyber Pakhtunkhwa Hydel Development Organization (Amendment) Act (V of 2013)]---Khyber Pakhtunkhwa Public Procurement Regulatory Authority Act (XI of 2012), S.35---Khyber Pakhtunkhwa Procurement Rules, 2014, Rr.47 & 48---Instructions to Bidders, Cls.22.3 & 32---Constitution of Pakistan, Arts.199, 4 & 129---Constitutional jurisdiction---Bid, cancellation of---Scope--- Contention of petitioner-company was that cancelling/annulling the tender process for the projects was illegal and arbitrary---Validity---Every scheme prepared by Hydel Development Organization should be processed in accordance with Government procedures and instructions---Hydel Development Organization was required to submit to the Government periodical reviews and other reports required by it---Chief Minister of the Province was the Chairman of the Hydel Development Organization---Executive authority of the Province should act through the Chief Minister---Government might issue instructions to Energy Development Organization with regard to every scheme prepared by it---Government was the custodian of finances of the State and should protect financial interest of the same---Government should try to get the best person or the best quotation---Right to choose could not be considered to be an arbitrary power---If said power was exercised for any collateral purpose, the exercise of such power would be struck down---Bid of petitioner-company contained a separate discount letter with its bid---Submission of discounted price through a separate letter could not be considered---Petitioner-company was required to have quoted total price instead of unit price---Petitioner-company was neither main contractor nor the sub-contractor in the subject project---Proper opportunity of hearing had been provided to the petitioner-company---Right of appeal was available to the petitioner-company but the same had not been availed---Authority reserved the right to accept or reject all bids at any time prior to award of contract---Grounds of rejection of bid should be communicated to bidder who had submitted bid without…

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