Law: Punjab Procurement Rules, 2009

Section: 19

Law: Constitution of Pakistan, 1973

Section: 4,10A,13,199

(a) Punjab Procurement Rules, 2009--- ----S. 19---Words "mechanism and manner"---Connotation ­Blacklisting of contractor-Method-Procuring agency is required to prescribe method and system for dealing with complaints against contractors and suppliers for their temporary and permanent blacklisting. Oxford Dictionary New 8th Edn. rd. (b) Interpretation of statutes--- ----Redundancy, principle of---Scope---Redundancy cannot be attributed to legislature and every word used in statute and rules must have meaning. Messrs V.N. Lakhani and Co. v. M.V. Lakhotoi Express and others PLD 1994 SC 894 and Muhammad Aslam v. Land Acqusition Collector 1994 MLD 1340 rel. (c) Punjab Procurement Rules, 2009--- ----R.19---Constitution of Pakistan, Arts. 4, 10-A, 13 & 199-- Constitutional petition---Blacklisting of contractor---Right to fair trial and due process of law---Double jeopardy, principle of---Petitioner company was aggrieved of decision made by authorities blacklisting it for a period of three years-Validity-Blacklisting of a contractor or supplier under R.19 of Punjab Procurement Rules, 2009, entailed serious consequences of forbidding contractor/supplier from participating in future tenders, which would not only result in deprivation from its business activities but amounted to commercial killing of the company---Blacklisting also tarnished its reputation, credibility and honour in business community, therefore, such disaster step of blacklisting of contractor/supplier could not be resorted to without observing fair trial and due process of law as envisaged in Arts.4 & 10-A of the Constitution---Words 'mechanism' and 'manner' used in R.19 of Punjab Procurement Rules, 2009, were not meaningless rather it denoted due process and fair procedure which included adjudication by impartial and independent authority, prescribing fair criteria, proportionate duration of punishment and structuring of discretion of authorities exercising power of blacklisting---Word 'shall' used in R.19 of Punjab Procurement Rules, 2009, also made it mandatory and obligatory for procuring agency to provide such fair and transparent mechanism and manner of blacklisting-petitioner was initially…