Law: Public Procurement Rules, 2004

Section: 48(7)

Law: Constitution of Pakistan, 1973

Section: 199

Public Procurement Rules, 2004--- ----R.48(7)---Redressal of Grievances Regulations, 2021, Regln. 7 Schedule-II---Constitution of Pakistan, Art.199---Constitutional petition---Grievance Redressal Committee---Appeal, pendency of---Petitioner company was aggrieved of dismissal of its Grievance Redressal Complaint and non-deciding of appeal by Grievance Redressal Appellate forum---Validity---It was open to legislature to impose accompanying liability on a party on whom a right of appeal was conferred or to prescribe conditions for exercise of such right---Right of appeal was a creature of statute and there was no reason why the legislature while granting right would not impose conditions for exercise of such right, so long as the conditions were not so erroneous as to amount to unreasonable restrictions rendering the right almost illusory---Onerous and oppressive condition for depositing an appeal fee in the amount set out in Schedule II to Redressal of Grievances Regulations, 2021, had made the remedy of appeal under R.48(7) Public Procurement Rules, 2004, to be illusory---Authorities produced Grievance Redressal Committees decision on the petitioners, complaint---Decision which set out the reasons for petitioners disqualification were not provided earlier to the petitioner---Such reasons were brought before the Court and petitioner could consider suitably amending the petition---Respondent Authoritys letter which was assailed in petition did not set out reasons for Grievance Redressal Committee but was simple intimation to rejection of its complaint by Grievance Redressal Committee---High Court declined to suspend operation of letter in question and declined to hold the tender bidding process---Petition was adjourned accordingly. Eastern Rice Syndicate v. Central Board of Revenue PLD 1959 SC 364; Chenab Cement Product (Pvt.) Ltd. v. Banking Tribunal, Lahore PLD 1996 Lah. 672; Hameed Ahmad Ayaz v. Government of Punjab PLD 1997 Lah. 434; Government of Andhra Pradesh v. P. Laxmi Devi AIR 2008 SC 1640 and Hardevi Asnahi v. State of Rajasthan 2011 (14) SCC 160 ref. ORDER MIANGUL HASSAN AURANGZEB, J.---Through the instant writ petition under Article 199 of the…

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