MUHAMMAD HANIF & CO. vs CHIEF ENGINEER NORTH, PAK PWD Rr — 2023 CLC 443 ISLAMABAD

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD HANIF & CO. VS CHIEF ENGINEER NORTH, PAK PWD Rr.4, 10, 13, 213, 28, 29, 30, 35 & 48---Mis-procurement---Evaluation reports, failure to announce---Petitioners assailed award to tender to respondent on the plea that authorities did not announce their evaluation reports---Contention of the respondents was that once procurement process culminated in contract, such contract could not be set aside even if Court had come to the conclusion that the contract was a product of mis-procurement---Validity---Work orders were issued by Authorities without waiting for a period of fifteen days after issuance of final evaluation report---Such work orders were issued merely four days after opening of financial bids without even informing all other bidders that their bids had been rejected---Petitioners did not receive any correspondence from authorities stating that their bids had been rejected---Procurement process was carried out by authorities in breach of Rr. 4, 10, 13, 23, 28, 29, 30, 35 and 48 of Public Procurement Rules, 2004---No sanctity attached to a contract, which was product of illegal procurement process---Award of contracts to respondents were in breach of Public Procurement Rules, 2004, in disregard of principles of transparency---Such procurement process was run in a manner so as to deny petitioners and other bidders any opportunity to contest their disqualification during technical evaluation process---High Court declared the award of contracts to respondents to be illegal---High Court directed Federal Government to initiate disciplinary proceedings against all individuals who oversaw procurement process starting from release of tender documents to acceptance of bid and issuance of work orders and contracts to respondents for undertaking process in breach of mandatory conditions of Public Procurement Rules, 2004---Constitutional petition was allowed accordingly. Citation Name: 2023 CLC 443 ISLAMABADBookmark this Case MUHAMMAD HANIF & CO. VS CHIEF ENGINEER NORTH, PAK PWD Preamble---Object, purpose and scope---Object of Public Procurement Regulatory Authority Ordinance, 2002, was to improve transparency, accountability and quality of public procurement--- Principles of fairness, transparency, efficiency and economy lie at the heart of Public Procurement Regulatory Authority framework---Transparency requires clearly defined procurement parameters and prohibits opaqueness or secrecy in the process during bidding and evaluation stages of the process, which create opportunities for corruption and manipulation to confer benefits on favorites---Public Procurement Regulatory Authority framework requires that all prospective bidders should have equal and similar access to information related to tender and an equal opportunity to compete and submit their bids---Process has to be run in a manner that engenders maximum competition as opposed to favoring a particular bidder or class of bidders---Public Procurement Regulatory Authority Ordinance, 2002 and Public Procurement Rules, 2004 are inspired by recognition of restraints that apply to state authority vested in public officials while dealing with state largesse---In contrast to the role and actions of private citizens, state authority vested in public office holders is of a fiduciary nature, which is to be exercised as a trust for the benefit of citizens and not in an arbitrary manner.

MUHAMMAD HANIF & CO. vs CHIEF ENGINEER NORTH, PAK PWD Rr — 2023 CLC 443 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2023 CLC