COMPUTER TIPS vs PROVINCE OF PUNJAB Ss — 2024 CLD 212 LAHORE-HIGH-COURT-LAHORE

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

COMPUTER TIPS VS PROVINCE OF PUNJAB Ss. 16 & 23---Punjab Procurement Rules, 2014, Rr. 4 & 62---Constitution of Pakistan, Arts. 4, 18, 24 & 25---Public procurement---Transparency---Final payment---Non-clearance---Coercive measures to seek unlawful demand of rebates---Petitioner supplied computers to respondent/ authorities after competing in open bidding tenders---Grievance of petitioners was that despite supply of goods, their final payments were not released by respondent/authorities who were forcing them to give rebates in prices---Validity---There was no legal justification to force petitioners to give rebates to the tune of 15% to 20% with respect to fully executed and duly performed contracts at the time of making payments to them---This was an arbitrary, unreasonable and capricious act in colorable exercise of authority and offended R. 62 of Punjab Procurement Rules, 2014 and express contractual stipulations and this was also against principle of transparency enshrined in R. 4 of Punjab Procurement Rules, 2014---Transparency in procurement process not only envisages that procurement should be made through transparent, open and competitive processes at the lowest price but also equally safeguards and protects right of technically qualified lowest bidder to receive timely payment against successfully performed contract---Mere fact that payments were not made to petitioners within thirty days with respect to Second Contract, Third Contract and Fourth Contract was sufficient to establish that petitioners were being pressurized, coerced and blackmailed to satisfy unlawful demand of rebates of respondents/ authorities---Rights of petitioners after successful performance of their respective contracts awarded after due process of law were fully protected in terms of Arts. 4, 18, 24 & 25 of the Constitution and Ss. 16 & 23 of Contract Act, 1872---High Court directed the respondents to forthwith release complete contract prices to petitioners---High Court further directed Competent Authority to take appropriate steps to ensure transparency in public procurements--- Constitutional petition was allowed, in circumstances.

COMPUTER TIPS vs PROVINCE OF PUNJAB Ss — 2024 CLD 212 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2024 CLD