G.P. ENTERPRISES vs PROVINCE OF PUNJAB through Chief Secretary, Punjab Rr

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G.P. ENTERPRISES VS PROVINCE OF PUNJAB through Chief Secretary, Punjab Rr. 4, 8, 9 & 67---Punjab Procurement Regulations, 2024, Regln.5---Constitution of Pakistan, Art. 18---Mis-procurement---Grouping of works---Splitting of tendered work---Petitioners assailed procurement process carried out by authorities---Validity---In terms of Regln.5 of Punjab Procurement Regulations 2024 and R.8 of Punjab Procurement Rules, 2014 annual development plan by each procuring agency with respect to procurement to be carried out in that fiscal year has to be devised within one month of the beginning of fiscal year and the same must be made public---Such procurement plan would rule out possibility of tinkering and/or manipulation in any tender at the time of inviting bids---There is an administrative and executive discretion vested in the procuring agency to formulate and design procurement plan by grouping and/or splitting the works for the purposes of ensuring widest possible competition and obviating the possibility of favouritism---Once such discretion is exercised, through an annual development plan, the procuring agencies are obligated to adhere to the same without splitting and/or regrouping the same in terms of R.9 of Punjab Procurement Rules 2014---Adherence to R.8 of Punjab Procurement Rules, 2014 as to announcement of proposed annual procurement plan in a financial year is a legal obligation which stands as a bar and check upon procuring agency to arbitrarily split and/or regroup the subject matter of procurement to tailor make the same to extend favouritism---Procuring agency should at least, at the planning stage, consider splitting of the work when it is tendering the same that are comprised of different geographical locations and different types of services/activities and if it still decides to group them together in one contract then it should, at aminimum, state its reasons for doing so---This should be encouraged as a "best practice" amongst the procuring agencies to avoid any challenges during procurement process---High Court declined to interfere in procurement process, as the authorities had not committed any mis-procurement---Constitutional petition was disposed of accordingly.

G.P. ENTERPRISES vs PROVINCE OF PUNJAB through Chief Secretary, Punjab Rr — 2026 CLC 357 LAHORE-HIGH-COURT-LAHORE

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