| Case ID |
08c1fb23-edaf-49c6-b37c-5c33cc076e2c |
| Body |
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| Case Number |
D-3650 of 2015 |
| Decision Date |
Mar 07, 2016 |
| Hearing Date |
Feb 01, 2016 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by the petitioner, a pharmaceutical company, which sought directions for an inquiry by the National Accountability Bureau regarding the alleged misprocurement of medicines. The court found that the petitioner had not first approached the appropriate remedies under the Sindh Public Procurement Rules, 2010, and had also filed a civil suit concerning the rejection of its bid. The court emphasized that any findings made in the collateral proceedings could prejudice the rights of the parties involved and circumvent the pending civil suit, leading to the dismissal of the petition. |
| Summary |
This case involves a constitutional petition filed by a pharmaceutical company against the Federation of Pakistan regarding the rejection of its technical bid for the procurement of Hepatitis B and C medicines. The petitioner sought an inquiry into alleged misprocurement by the procuring agency. The court analyzed the provisions of the Sindh Public Procurement Rules and emphasized the need for the petitioner to exhaust available remedies before approaching the court. The decision highlighted the importance of adhering to the established procurement processes and the need for transparency in public procurement. The court dismissed the petition as the petitioner had not utilized the proper channels for grievance redressal, thereby reinforcing the principles of due process in public procurement. |
| Court |
Sindh High Court
|
| Entities Involved |
National Accountability Bureau,
Sindh High Court,
Sindh Public Procurement Regulatory Authority
|
| Judges |
SYED MUHAMMAD FAROOQ SHAH,
AHMED ALI M. SHAIKH
|
| Lawyers |
Abdul Sattar Pirzada,
Mamoon N. Chaudhry,
Saeed A. Memon,
Noor Muhammad Dayo,
Mukesh Kumar Karar,
Malik Naeem Iqbal,
Altaf Ahmed Shahid,
Sarmad Hani,
Samiur Rehman,
Behzad Haider
|
| Petitioners |
Abdul Sattar Pirzada,
Mamoon N. Chaudhry
|
| Respondents |
Noor Muhammad Dayo,
FEDERATION OF PAKISTAN THROUGH SECRETARY,
MINISTRY OF INTERIOR, ISLAMABAD,
Saeed A. Memon,
Mukesh Kumar Karar,
Malik Naeem Iqbal,
Altaf Ahmed Shahid,
Sarmad Hani,
Samiur Rehman,
Behzad Haider
|
| Citations |
2016 SLD 2892,
2016 PLD 420
|
| Other Citations |
2012 SCMR 773,
PLD 2010 Isl. 85,
2015 SCMR 1348
|
| Laws Involved |
Sindh Public Procurement Rules, 2010,
Constitution of Pakistan, 1973,
National Accountability Ordinance, 1999
|
| Sections |
Rr.4,
Rr.31,
Rr.32,
Rr.56,
199,
9,
10
|