ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        447     of 2016

DATE                         ORDER WITH SIGNAGTURE OF HON’BLE JUDGE

1-     For orders on CMA.No.1203/2016 (U/A)

2-     For orders on CMA.No.1204/2016 (Ex.A)

3-     For KatchaPeshi.

4-     For orders on CMA.No.1205/2016 (Stay)

 

Date of hearing              09th. February, 2016.

                       

                        Mr.Iftikhar Ali Arain, Advocate for petitioner.

 

AQEEL AHMED ABBASI, J:- Through this petition, the petitioner has sought for directions to this Court to respondent No.4 i.e Executive Engineer, Highways Division, Sukkur to cancel the N.I.Ts pursuant to advertisement published in daily Kawish Hyderabad dated 24.10.2015, whereby the tenders are called for different development works in the area, for the reasons that there are insufficient funds to complete the schemes. It has been further prayed that the matter may be referred to F.I.A, Anti-Corruption and N.A.B so that inquiry / investigation may be conducted against respondent No.4 who according to petitioner has been involved in corruption.

2.                     Learned Counsel for the petitioner was directed to refer any document which may supported the allegations as contained in the instant petition against respondent No.4 regarding corruption or insufficiency of funds relatable to advertisement published in daily Kawish Hyderabad inviting N.I.Ts for development works by the respondents, however, in response to which learned Counsel for the petitioner referred to letters dated 11.1.2016 and 13.1.2016 issued by Section Officer (DEV-I) Finance Department, Government of Sindh addressed to the Commissioner and Deputy Commissioner, Sukkur, in which according to the learned Counsel for the petitioner it has been pointed-out that unless there is 25% allocations for current financial year, no new scheme can be approved.

3.                     We have heard the learned Counsel for the petitioner, perused the contents of the petition and the record which reflects that the petitioner appears to have developed some personal grudge against the respondent No.4, has leveled false and baseless allegations against him for being involved in corrupt practices, whereas, nothing has been placed on record which may reflect that there has been any violation of the SPPRA Rules, 2010 by the respondent while issuing advertisement in daily Kawish Hyderabad dated 24.10.2015. No details regarding award of contracts pursuant to such advertisement has been placed on record nor it is clear from the letters issued by the Section Officer (DEV-I) of Finance Department, suggesting any violation of SPPRA Rules, 2010 by respondents. It has been informed that the Contractors who failed to get a tender awarded in their favour instead of raising objections before the relevant authority at the relevant point of time under SPPRA Rules, 2010 filed frivolous petition to create harassment or to blackmail the public functionaries, which not only hampers the development works in the remote areas of province of Sindh, but also cause delay in completion of public works and ultimately such schemes are revised which increases the cost of scheme. We do not find any substance in the instant petition, which appears to be motivated, whereas, the petitioner has not approached the relevant forum for pointing out the specific defect or illegality committed by the respondent in response to the advertisement, N.I.T referred to herein above. Accordingly, instant petition was dismissed in limine along with listed applications vide our short order dated 09.2.2016 these are the reasons for such short order.

JUDGE

JUDGE

A.R.BROHI