Law: Punjab Procurement Rules, 2014

Section: R.57(2)(3)

Law: Constitution of Pakistan, 1973

Section: 199

Law: National Accountability Ordinance, 1999

Section: 9(a)(b)(iv)(vi)

(a) Punjab Procurement Rules, 2014--- ----R. 57(2) & (3)---Procurement---Negotiation of bids---Scope---Under R. 57(2) & (3) of Punjab Procurement Rules, 2014, a bid can be negotiated immediately after opening of bids, in case of goods of high technical nature (machinery, its parts, industrial equipment, plants etc.). (b) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(iv)(vi) & (b)---Punjab Procurement Rules, 2014, R. 57(2) & (3)---Constitution of Pakistan, Art. 199---Constitutional petition---Bail, grant of---Procedural irregularities---Negotiation of bids---Petitioners were accused of approving bid for installing water filtration plants allegedly in violation of Punjab Procurement Rules, 2014, by negotiating bids---Validity---No illegality was committed by petitioners in making post-bid changes and negotiations with supplier company, whereby bid price was substantially reduced from Rs.1.14 billion to Rs.989 million---Petitioners only recommended for placing of contract in favour of the supplier company on the basis of negotiated bid for approval of the same by Board of Directors of the Punjab Saaf Pani Company---Final approval was made by all fourteen directors/ex-officio directors of the Company present in the meeting---Prima facie, it was established that NAB authorities mala fidely proceeded against only two directors of the Company---No allegation of receiving any kickback, commission or illegal gratification against petitioners, their relatives or friends was on record---Only allegation against petitioners was that they misused their authority in violation of laws and rules on the subject punishable under S. 9(a)(vi) of National Accountability Ordinance, 1999, but there was no illegality or violation of rule/law on the subject---Even if there was any procedural irregularity in exercise of authority by petitioners, even the same did not amount to misuse of authority so as to constitute an offence under S. 9(a)(vi) of National Accountability Ordinance, 1999---Truth of allegation levelled against petitioners that they violated certain rules whereby they succeeded to get the bid price of filtration plants reduced from supplier after opening…

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