| Citation(s) |
|---|
| 2012 SLG 2362 2012 SLD 2362 2012 YLR 1426 |
Lahore High Court
Writ Petition No. 1805 of 2012, heard on 6th February, 2012
SYED MANSOOR ALI SHAH, J
Syed Faiz-ul-Hassan for Petitioner. Waqar A. Sheikh for
Respondent. Imran Ahmad Mian for
Respondent No. 5. Ishtiaq Ahmed, Director, C&I, LDA. Sibtain Raza Qureshi, Assistant Director, LDA
Writ Petition No. 1805 of 2012, heard on 6th February, 2012
SYED MANSOOR ALI SHAH, J
Syed Faiz-ul-Hassan for Petitioner. Waqar A. Sheikh for
Respondent. Imran Ahmad Mian for
Respondent No. 5. Ishtiaq Ahmed, Director, C&I, LDA. Sibtain Raza Qureshi, Assistant Director, LDA
Hafiz MUHAMMAD ALEEM
VS
Lahore DEVELOPMENT AUTHORITY through Director GENERAL and 4 others
Law:
Section:
Punjab Procurement Regulatory Authority Act (VIII of 2009)--- ----Ss. 2(n) & 5---Punjab Procurement Rules, 2009, Rr.50 & 51---Constitution of Pakistan, Art. 199---Constitutional petition---Public procurement---Catering services---Petitioner assailed tender for catering services finalized by Lahore Development Authority---Validity---Tender was advertised bypassing the Rules resulting in misprocurement as provided under R.50 of Punjab Procurement Rules, 2009---No reason was furnished by the Authority for not complying with provisions of Punjab Procurement Rules, 2009, for inviting bids under tender for catering services---Lahore Development Authority stated that it did not fall within the purview of Punjab Procurement Regularity Authority Act, 2009 or Punjab Procurement Rules, 2009, but admitted that bids were processed under Punjab Procurement Regularity Authority Act, 2009---Parawise comments of Lahore Development Authority were contrary to position taken by the Authority and the same were in violation of facts on record---Tender in question and subsequent proceedings thereunder were violative of Punjab Procurement Rules, 2009, and resulted in misprocurement thus same were set aside---High Court cancelled contract awarded to respondent as the same lacked transparency---High Court directed Punjab Procurement Regu-latory Authority to actively perform its functions under S.5 of Punjab Procurement Regulatory Authority Act, 2009, across the Province---Petition was allowed in circumstances. Suo Motu Case No.5 PLD 2010 SC 731; Messrs Malik Mushtaq Goods Transport Co., Lahore v. Federation of Pakistan through Secretary Railways, Islamabad and 9 others PLD 2010 Lah. 289; Messrs Airport Support Services v. The Airport Manager, Quaid-e-Azam International Airport, Karachi and others 1998 SCMR 2268; Messrs Ramna Pipe and General Mills (Pvt.) Ltd. v. Messrs Sui Northern Gas Pipe Lines (Pvt.) and others 2004 SCMR 1274; Kawas B. Aga and another v. City District Government, Karachi (CDGK) through Nazim-e-Ala and others PLD 2010 Kar. 182; The Postmaster-General, Northern Punjab and (AJ&K), Rawalpindi v. Muhammad Bashir and 2 others 1998 SCMR 2386; Province of Sindh…
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