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| Writ Petition U/A 199 of the Constitution of Islamic Republic of Pakistan, 1973 |
IN THE HON’BLE
ISLAMABAD HIGH COURT, ISLAMABAD
Writ Petition No. /2022
(Name of company i.e.
XYZ Govt. Contractor & General Order Suppliers, through its proprietor/CEO with
complete name, parentage, and address).
……Petitioner
Versus
1. Director General,
Pakistan Public Works Department (Pak-PWD), G-9/1, Islamabad.
2. Chief Engineer (N),
Pakistan Public Works Department (Pak-PWD), G-9/1, Islamabad.
3. Executive Engineer,
Central Civil Division No. V, Pakistan Public Works Department (Pak-PWD),
G-9/1, Islamabad.
…. Respondents
WRIT PETITION U/A 199
OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973
SUBJECT MATTER OF THE
PETITION
That through the instant petition the jurisdiction of this
Hon’ble Court has been revoked for direction to respondents for declaring that
not selling the Tender documents to petitioner against Notice Inviting Tenders
No. EE.CCD.V/AB/1117 dated 27.02.2022 for participating in Bid Process dated,
further postponed for 17.12.2022 is illegal, unlawful, unjust further
respondents be directed for conducting the entire procurement process in a fair
and transparent manner, in accordance with law, free of nepotism, while passing
written orders, following the Notice Inviting Tenders as well as PPRA
procedure, further that if any mobilization process or award or contract with
the blue-eyed ones (if passed) in absence of the petitioner or by giving
precedence to blue-eyed ones over petitioner lawful right to award, may kindly
be declared as illegal, unlawful, discriminatory and against the principles of
natural justice, thus may be set aside, and the respondents may be restrained
of in passing any such order in future which amounts to prejudice to the rights
of the petitioner or created invasion
therein or any act which creates miscarriage of justice due to filing of the
instant petition in the best interest of justice
Respectfully Sheweth;
BRIEF FACTS
That the petitioner
is a license holder under Construction bearing License No. 11119, Category C-5,
with validity up till 30.07.2022. The petitioner successfully completed many
projects under the licensed company and is enjoying good repute in the business
community and related Government Departments etc.
That the petitioner
and contractors associated with respondent No. 1 observed the specific pattern
for applying the tender from the department, from the inception of tender by
respondent No. 1, in order to grant tenderers to constructs respondent No. 1
advised a system that should follow a particular pattern. The tenders should
essentially include the following information.
i.
Name of procuring agency
ii. Tender number (for
identification)
iii. Procurement titled
(indicating type and quantity)
iv. Contact person (for
seeking bidding documents)
v.
Last date for obtaining bidding documents and their price
(if any).
vi. Closing time and date
as well as a place for receiving bids.
vii. Time and Place of the
public opening of bids (bids must be opened on the closing date at least thirty
minutes after the deadline for submission of bids)
viii. Amount of bid
security (5 ages of estimated price)
ix. Procurement method
x.
In case the tender notice involves different categories of
goods, work, or services, the procuring agency must mention whether the
evaluation shall be item-wise or on an accumulative cost basis.
xi. Bid validity period
xii. The bidding document
shall be made available to the interested firms /prospecting bidders,
immediately after the bidding notice is published.
That respondent No. 1 is bound to publish a
tender for the invitation of Bids at electronic and print media, interested
contractor, securing the criteria used to apply bid documents and subsequently
submit their offer through closed envelope before the respondent No. 1. The
opening of the bid would be public which shows transparency in the procedure.
On 27.12.2021, respondent No. 1 made
publication No. EE.CCD.V/AC/1133 through PPRA Website for the invitation of
Tender for different projects through which reputed companies/individuals
registered with FBR/Income Tax Department and PEC Category was invited for
tender sale on or before 14.01.2022.
That the petitioner also applied in
process of tender sale on 14.01.20212after complying with all cordial formalities
including submitting all fees applicable according to a tender invitation,
against all invitation of Tenders through publication dated 27.02.2022 but
respondents did not sell tender to the petitioner without any lawful reason or
justification, which is against the law, PPRA Rules and rights of the
petitioner.
That the respondents are entertaining the
incomplete applications of many companies without looking into the requirement
of advertisement even though many participants are not capable to participate
due to lack of capacity but defendants are entertaining them without scrutiny
for facilitating their blue eyes but refusing to sell the tender companies
capable as petitioners.
That in spite of all requests and
references to relevant rules, the respondents not only refused from acceding to
the request of the petitioner but also started threatening to blacklist the
petitioner for future projects of respondent No. 1, hence the petitioner has no
other option but to knock the door of this Hon’ble court.
That the respondents are intending to
apply the pick & choose policy while awarding the Tender to their beloved
/chosen companies, whereas, the petitioner will be deprived form his legitimate
rights by the respondent’s unjust act by refusing the petitioner’s right to get
bid documents and to participate in Bid process on 15.02.2022, postponed for 27.03.2022,
which will be a clear violation of the Constitution of Islamic Republic of
Pakistan.
That being aggrieved of not selling bid
documents, the petitioner approached respondents for its redressal of grievance
and requested to direct the officials working under their authority to proceed
in accordance with the law in a transparent manner but none of the above put
any heeds towards the genuine request of the petitioner and participate in Bid
process on 27.03.2022, which is a clear violation of the Constitution of
Islamic Republic of Pakistan, hence the instant writ petition U/A 199 of the
Constitution of Islamic Republic of Pakistan, 1973 inter alia on following:-
G R O U N D S
a. That the petitioner
is a respectable citizen and entitled to be dealt with law and due course of
law and process for equal treatment for avail all prospective, enjoyment, and
protection of all fundamental rights under the constitution of the Islamic
Republic of Pakistan.
b. That the respondents
without any lawful justification deprived the petitioner of his rights which
clearly smokes mockery in the eyes of the law and just to grant the tender to
their favorite one without any due process of law and lawful justification that
too against the PPRA Rules.
c.
That the bid notice directs to provide sufficient time to
complete and submit the bid by the closing date, the respondents only gave one
day for submission of the bid after purchasing documents which itself demolishes
the structure being illegal from inception, which is against PPRA rules and
settled principle of law.
d. That the petitioner
is qualified than the requisite qualification as envisaged under the tender bid
but the respondent while extending preferential treatment towards the blue-eyed
ones and without adopting a transparent document process deprives the
petitioner to have a pivotal role in serving the nation, which acts on their
part is tainted with malice mala fide illegal & unlawful. Reliance is placed
on “PLD 2019 SC602”.
e. That the process of
procurement carried out by any authority should be transparent, just, and in
accordance with the law. Moreover, it is an established principle of law that discretion
must be exercised fairly, justly, and to advance the cause of justice. Reliance
is placed on “1995 SCMR 650” & 2010 SCMR 1301”.
f.
That the act of the respondents is illegal, unlawful, and
without any reason or lawful justification and also without any authority that too
misuses the power/authority.
g. That the impugned
action is also a violation of the law laid down by the superior courts of
Pakistan in a number of cases.
h. That the impugned act
of the respondents is a miscarriage of justice to the petitioner which is
liable to be set aside.
That the petitioners have no other
efficacious and expeditious remedy available except to invoke the jurisdiction
of this Hon’ble court for the redressal of their grievance.
PRAYER
In view of the above circumstances, it is, most respectfully
prayed that the instant writ petition may kindly be accepted and kindly be
declared that not selling the Tender documents to the petitioner against Notice
Inviting Tenders No. EE.CCD.V/AB/117 dated 27.01.2022 for participating in Bid
Process dated 15.02.2022, further postponed for 17.02.2022 is illegal,
unlawful, unjust, illegal, discriminatory and against the principles of natural
justice, thus process initiated without giving the opportunity of the petitioner
may kindly be set aside, further respondents are directed to conduct the entire
procurement process is the fair and transparent manner, in accordance with the law,
free of nepotism, while passing written orders, following the Notice Inviting
Tenders as well as PPRA procedure, and the respondents may be restrained from
passing any such order in future which amounts to prejudice to the rights of
the petitioner or created invasion therein or any act which creates miscarriage
of justice due to filing of the instant writ petition, in the best interest of
justice
Any other relief
which this Hon’ble court deems just and proper may also be awarded.
Petitioner Through Counsel
Dated:
Certificate: -
Certified as per instructions this is the first appeal on the subject
ever moved before this Hon’ble Court.
No other petition, revision, or application on the subject is pending
in any court of law up till the Supreme Court of Pakistan.
…Counsel
Note:
1. To attach an affidavit
in support of writ petition, application for suspension of the bid process, etc
2. To attach all the
relevant documents including license, notices and other documents.
1 Comments
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