Law: Khyber Pakhtunkhwa Public Procurement Regulatory Authority Act, (XI of 2012)

Section: 35

Law: Khyber Pakhtunkhwa Public Procurement Grievance Redressal Rules, 2017

Section: 7

Law: Civil Procedure Code (V of 1908)

Section: 2(9),9

Khyber Pakhtunkhwa Public Procurement Regulatory Authority Act ( XI of 2012)--- ----S. 35---Khyber Pakhtunkhwa Public Procurement Grievance Redressal Rules, 2017, R. 7---Civil Procedure Code (V of 1908), S.9---Procurement contract--Enforcement /interpretation of the agreement---Contractual disputes postexecution---Khyber Pakhtunkhwa Public Procurement Regulatory Authority ('Authority'), adjudicatory powers of---Scope---Petitioner/Company challenged the validity of the order issued by the Khyber Pakhtunkhwa Public Procurement Regulatory Authority ('Authority'), which returned the petitioner's appeal on the grounds of lack of jurisdiction stating that it (Authority ) was confined to regulating public procurement processes---Validity---Although S. 35 of the Khyber Pakhtunkhwa Public Procurement Regulatory Authority Act, 2012 ('the Act, 2012'),confers jurisdiction upon the Authority to entertain and adjudicate appeals filed by aggrieved persons concerning any decision or omission in addressing grievances related to the procurement of goods, services or works ensuring a mechanism for redressal, thereby promoting accountability and transparency in the public procurement process, yet it becomes evident that the Authority's jurisdiction is confined to regulating public procurement processes and once a procurement contract is formally executed between the procuring entity and the successful bidder, any disputes arising thereafter concerning the interpretation or enforcement of the agreement fall outside the Authority's purview---The Act 2012 contains no provision granting the Authority the power to entertain appeals related to contractual disputes post-execution---When statutory jurisdiction is conferred upon an authority or executive body, the provisions conferring such powers must be strictly construed---Any forum constituted under the law is limited to exercising only the jurisdiction explicitly granted by the statute---The authority cannot assume jurisdiction through inference or conjecture beyond the clear language of the law--Accordingly, any action taken outside the ambit of the statutory framework would be without lawful…