| Case ID |
eb0eb4b6-3af1-4b18-91bf-f759f8070e80 |
| Body |
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| Case Number |
Writ Petition No.9910 of 2014 |
| Decision Date |
May 05, 2014 |
| Hearing Date |
May 05, 2014 |
| Decision |
The Lahore High Court ruled in favor of the petitioner, HABIB RAFIQ PVT. LTD., and set aside the order of blacklisting issued by the Government of Punjab. The Court found that the blacklisting was arbitrary and violated the principles of fair trial and due process as outlined in the Constitution of Pakistan. The Court emphasized the necessity for a prescribed mechanism under the Punjab Procurement Rules, 2009, for blacklisting contractors, which was not followed in this case. Furthermore, the Court noted that the petitioner had not consistently failed to provide satisfactory performance in previous contracts, thus rendering the blacklisting unjust. The decision reinforced the importance of adhering to procedural fairness in administrative actions that carry significant consequences for the reputation and operational viability of companies within the contracting sector. |
| Summary |
In the case of Writ Petition No.9910 of 2014, the Lahore High Court addressed the issue of blacklisting contractors under the Punjab Procurement Rules, 2009. The petitioner, Messrs HABIB RAFIQ PVT. LTD., challenged the Government of Punjab's decision to blacklist them for three years, arguing that the necessary procedural safeguards were not followed and that the decision amounted to double jeopardy, as they had already been blacklisted previously. The Court found that the lack of a specified mechanism for blacklisting violated the due process rights of the petitioner under the Constitution of Pakistan. The ruling highlights the critical importance of fair trial principles and the need for transparent administrative procedures within public procurement practices. This case serves as a precedent for ensuring that contractors are protected from arbitrary decisions that can lead to severe reputational and financial damage. Keywords: blacklisting, due process, fair trial, Punjab Procurement Rules, administrative law, contractors' rights, Lahore High Court. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABID AZIZ SHEIKH, J
|
| Lawyers |
Not available
|
| Petitioners |
Messrs HABIB RAFIQ PVT. LTD.
|
| Respondents |
GOVERNMENT OF PUNJAB through Chief Secretary and another
|
| Citations |
2015 SLD 225,
2015 CLD 72
|
| Other Citations |
Messrs V.N. Lakhani and Co. v. M.V. Lakhotoi Express and others PLD 1994 SC 894,
Muhammad Aslam v. Land Acquisition Collector 1994 MLD 1340,
Atlas Cables Pvt. Ltd. v. Quetta Electric Supply Company Ltd. PLD 2011 Quetta 67,
Canara Bank v. Messrs Studywell and others AIR 1994 Delhi 308,
Bhim Sain v. Union of India and another AIR 1981 Delhi 260,
Tristar Shipping Lines Limited v. Government of Pakistan and others 1997 CLC 1475,
Hafiz Ikram Saeed v. State 2013 SCMR 1045,
Government of Balochistan, CWPP&H Department and others v. Nawabzada Mir Tariq Hussain Khan Magsi and others 2009 SCMR 115,
Haji Abdul Aziz v. Government of Balochistan through Deputy Commissioner, Khuzdar 1999 SCMR 16,
Province of the Punjab through Member Board of Revenue Lahore and others v. Muhammad Hussain through Legal Heirs and others PLD 1993 SC 147,
Deputy Commissioner/Registrar, Sialkot and 2 others v. Hamid Khalidi and 4 others 1987 CLC 2360
|
| Laws Involved |
Punjab Procurement Rules, 2009,
Constitution of Pakistan, 1973
|
| Sections |
19,
4,
10-A,
13,
199,
9,
18
|