| Case ID |
fff11d52-a79d-4f53-aee1-584508e9169a |
| Body |
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| Case Number |
C.P. No. 770 of 2016 |
| Decision Date |
Nov 07, 2016 |
| Hearing Date |
Oct 06, 2016 |
| Decision |
The Constitutional Petition No.770 of 2016 was dismissed as the court found that the mere acceptance of the lowest bid did not constitute a concluded contract and the principle of natural justice was not attracted in the absence of any vested right. The petitioner's bid was not confirmed finally, and the respondents justifiably canceled the bid and re-advertised it. The petitioner also participated in the re-advertised bid, and in the absence of infringement of any right, the petition was not maintainable. |
| Summary |
In this case, the Balochistan High Court dealt with a constitutional petition filed by Messrs Mandokhail Brothers Commercial Trading and Government Contractor against the Chairman of Civil Aviation and others. The core issue revolved around the rejection of a bid by the procuring authority, where the petitioner claimed to be the lowest bidder, thereby entitling them to a vested right to the contract. However, the court found that the mere acceptance of the lowest bid did not constitute a concluded contract. There were ambiguities in the bid, including discrepancies between words and figures, which justified the cancellation and re-advertisement of the tender. The court emphasized that principles of natural justice were not applicable as no infringement of vested rights occurred. The decision was based on precedents like Messrs Ittehad Cargo Service v. Messrs Syed Tasneem Hussain Naqvi and Babu Pervez v. Settlement Commissioner. Consequently, the petition was dismissed, highlighting the importance of procedural fairness and adherence to procurement rules. Trending keywords: constitutional petition, public procurement, rejection of bid, natural justice, vested right, tender cancellation, PPRA Rules. |
| Court |
Balochistan High Court
|
| Entities Involved |
Pakistan Civil Aviation Authority,
Messrs Ittehad Cargo Service,
Messrs Syed Tasneem Hussain Naqvi,
Babu Pervez,
Settlement Commissioner, Multan and Bahawalpur Divisions Multan
|
| Judges |
MUHAMMAD EJAZ SWATI, JUSTICE
|
| Lawyers |
Masoom Khan Kakar,
Shams-ud-Din Achakzai,
Muhammad Hassan Mengal
|
| Petitioners |
MESSRS MANDOKHAIL BROTHERS COMMERCIAL TRADING AND GOVERNMENT CONTRACTOR
|
| Respondents |
CHAIRMAN CIVIL AVIATION AND 4 OTHERS
|
| Citations |
2017 SLD 582,
2017 CLC 221
|
| Other Citations |
Messrs Ittehad Cargo Service and 2 others v. Messrs Syed Tasneem Hussain Naqvi and others PLD 2001 SC 116,
Babu Pervez v. Settlement Commissioner, Multan and Bahawalpur Divisions Multan and 2 others 1974 SCMR 337
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
Art. 199
|