Law: Punjab Procurement Regulatory Authority Act, 2009

Section: 2

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 by-passing the Rules resulting in mis-procurement 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 bides were processed under Punjab Procurement Regulatory 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 mis-procurement thus same were set aside---High Court cancelled contract awarded to respondent as the same lacked transparency---High Court directed Punjab Procurement Regulatory 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 Sevices v. The Airport Manager, Quaid-e-Azam International Airport, Karachi and others 1998 SCMR 2268 and Messrs Ramna Pipe and General Mills (Pvt.) Limited v. Messrs Sui Northern Gas Pipel Lines (Pvt.) and others 2004 SCMR 1274 ref. JUDGMENT SYED MANSOOR ALI SHAH, J.---Through this order, the instant petition, as well as, Writ Petition No.2399 of 2012 shall be decided as common questions of law and facts arise in both these cases. 2. A dispute arose between the parties…

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