Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)--- ----Art. 199---Factual inquiry---Constitutional jurisdiction, exercise of-- Petitioner, a contractor had claimed that machines supplied by him to respondent a Government Department, strictly being in accordance to specification detailed in indent, purchase order and purchase manual, respondent be directed to make payment for supply of said machines---Respondent had asserted that machines in question could not be used for purpose for which same were required and that contractor was asked to take away such useless machines---Matter related to contractual obligation and quality of machines  supplied  by  petitioner  which  were  never  used  by respondent---Controversy which required factual enquiry, could not be taken in Constitutional petition. Jawad Nasir Rattu for Petitioner. Shahryar Sheikh, Advocate. Khurshid Anwar Bhindar, Addl. A.-G. ORDER Through this Constitutional petition, petitioner has sought a direction to the respondents-officials to make payment for the supply of two Freeze Dryer. The comments submitted by the Secretary Live Stock and Dairy Development, Government of Punjab are to the effect that the two machines in question which were supplied on 4-4-1995 could not be used for the purpose for which they were meant; that the contractor was asked by the consignee to take away these machines vide Letters Nos.63/PA, dated 4-5-1995 and 1104, dated 17-5-1995. The petitioner-contractor, thereafter informed the respondents that pursuant to aforereferred letters, the machines have been repaired, but an examination of those machines indicated that "even this altered/repaired machine cannot be used for   freeze drying purpose. A single factor like temperature is not the sole factor for achieving proper freeze-drying"; that the petitioner made a representation to the Secretary, Live Stock. The matter was referred to the Chief Secretary and ultimately a Committee was formed to examine the issue which submitted report mentioned in para.9 of the written reply which reads as under:------ "(i) That the Freeze-dryer supplied by Messrs Altaf & Co., on operation is not…