C.P.No.D-1627 of 2015
1.
For
orders on CMA-8653/2015
2.
For
orders on CMA-4788/2015
3.
For
Katcha Peshi
01.09.2015
Mr. Abdul Mujeeb Shaikh Advocate for petitioner.
...............
Through
instant petition, the petitioner has expressed grievance by alleging that
pursuant to advertisements dated 19.01.2015 and 04.03.2015 he approached the
respondents for issuance of tender form, however, according to learned counsel,
such tender form was not issued, whereafter, the petitioner filed a C.P.
No.D-1231/2015 seeking direction of this Court for issuance of such tender
form. Per learned counsel, the respondents did not issue the tender form in
spite of the fact that the petitioner prepared the cheques in respect of amount
of Call Deposit. Learned counsel further submits that tenders have been issued
to and contract has been awarded on political basis. Per learned counsel, the
petitioner wants that an enquiry into the entire award process may be
conducted. According to learned counsel, certain irregularities and
illegalities have been committed by the respondents while awarding contracts.
Learned
counsel was enquired as to the fate of the above petition filed by the
petitioner before this Court for obtaining tender form, however, he could not
assist the Court as to what was the result of the above petition. Learned
counsel was further enquired as to whether petitioner before approaching this
Court, has approached the relevant authorities for the purpose of lodging his
complaint for non-issuance of tender form and pointed out any irregularity or
illegality allegedly committed by the respondents in terms of Sindh Public
Procurement Rules, 2010, however, in response to such query, learned counsel
has submitted that the petitioner has not approached the relevant authorities for
such purpose and has directly approached this Court under its constitutional
jurisdiction under Article 199 for redressal of his grievance.
It
appears that the petitioner has not been vigilant to approach relevant authority
for availing alternate remedy, whereas, nothing has been placed on record as to
how and what illegality or violation of SPPRA Rules, 2010 has been committed by
respondents while granting above contract. We are not inclined to grant any
discretionary relief to the petitioner, merely on the basis of vague and
generalized allegations in the absence of any material in support. Accordingly we
do not find any substance in the petition, which is dismissed in limine along
with the listed applications.
JUDGE
JUDGE
N.M.