Case Details

Citation(s)
2000 SLG 2027 2000 SLD 2027 2000 CLC 1543
Lahore High Court
Writ Petition No.2245 of 2000, heard on 15-03-2000
MAULVI ANWARUL HAQ, J
Mian Abbas Ahmad for Petitioner. Ghulam Murtaza Malik for
Respondents

ASIAN CONSTRUCTION CO. (PVT.) LTD.

VS

GOVERNMENT OF THE PUNJAB through Secretary, Communications and Works Department Civil Secretariat, Lahore and 3 others

Law:

Section:

Punjab Delegation of Financial Power Rules, 1950-------R. 3 & Sched.---Constitution of Pakistan (1973), Art. 109 --- Constitutional petition---Rejection of tender---Respondent, Executive Engineer invited tenders from approved Government contractors for work of construction--­Tender filed by petitioner despite being lowest was not approved by Superintending Engineer and was returned to Executive Engineer directing him to re-invite tenders---Petitioner-contractor filed Constitutional petition against order re-inviting tenders contending that only Chief Engineer could make decision regarding acceptance or rejection of tenders---Tenders were invited by Executive Engineer and in notice of tender it was clearly stated that Authority inviting tenders reserved into himself right to reject any or all tenders without stating any reason---Superintending Engineer or even Executive Engineer according to Departmental practice and instructions. could reject the tender---Chief Engineer, according to the relevant Rules had power to accept a tender for work of value exceeding- Rs.50,00,000, but it was not the case where a tender had been accepted, but it was case of rejection of tender which was to be done by the Executive Engineer---Authorities in rejecting tender of petitioner and re-inviting tender thus, had not violated Punjab Delegation of Financial Power Rules, 1990. JUDGMENT Vide a notice published in the Press, respondent No.4 invited tenders from the Approved Government Contractors licensed by Pakistan Engineering Council for the work of construction of additional accommodation for students of Nishtar Medical College, Multan. The work was further sub-divided into two groups: the estimated value of the work of group one was Rs.1,31,18,600 while that of group two was Rs.1,46,35,300. In response to the said notice, the petitioner filed his tenders for the said work. The tenders were opened on the stipulated daze and the Committee headed by the said respondent declared that the bid of the petitioner for the said work of group two is the "lowest". Respondent No.2 forwarded the said tender to respondent No.3 who vide a letter, dated 2-3-2000 Annexure "B" to the amended…
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