C.P No. D – 545 of 2015

Date	Order with signature of Judge

1. For Katcha Peshi.

2. For hearing of C.M.A No. 4520/2015.

3. For hearing of C.M.A No. 1518/2015.

29-09-2015

Mr. Muhammad Iqbal Memon, advocate for the petitioner.

M/s Shahzeb Khan and Sufiyan Zaman, advocates for respondents Syed Muzamil Hussain Shah, the then XEN, Provincial Highways Sukkur.

Mr. Zulifqar Ali Sangi, learned A.A.G. a/w M. Mehfooz Memon, Executive Engineer, Provincial Highway Division, Sukkur (respondent No.3).

Mr. Rabait Ali Bhanbhro, Prosecutor NAB (Sukkur).

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Through instant petition, the petitioner has alleged that tender has been awarded by the respondents pursuant to advertisement published in Sindh Express dated 24.01.2015 in respect of work as mentioned at Sr. Nos.4,6 and 13 on such invitation available at page No.15 annexure ‘B’ without following SPPRA Rules, 2010, even prior to date of opening such tender i.e. 24.02.2015, and has sought following relief was sought:-

a) To declare the act of respondent No.3 null & void abintio by awarding the contract prior to date of opening of tenders which is 24^th Feb, 2015 and work is in progress unlawfully and appoint the Commissioner to verify the site mentioned above and direct the respondents No.3 to 6 to act according to law strictly and the contracts shown in the above NIT be awarded as per SPPRA Rules.

b) To direct the respondent No.6 to intervene into matter and submit report before this Court.

c) To grant any other relief as this Court may deem fit and proper under circumstances of the case.

d) To award cost of the petition.

Notices were issued, pursuant to which comments have been filed by the respondents. During pendency of this petition, Commissioner was appointed by the order of the Court to inspect the subject site, who has submitted his report, wherein, contention of the petitioner regarding work in progress was affirmed. Thereafter, vide order dated 21.04.2015, passed by Division Bench of this Court, the matter was referred to the Chairman NAB and Chairman Anticorruption Department for conducting inquiry into the allegations contained in the instant petition. Pursuant to which, the NAB Authorities and Anticorruption Department have submitted their inquiry reports, which are available on record whereas copies have been supplied to the learned counsel for the petitioners.

It appears that during pendency of instant petition and the inquiries before NAB Authorities and Anticorruption Department, the respondent No.3, i.e. Executive Engineer, Provincial Highways Division, Sukkur, vide his letter dated 20.02.2015 has cancelled/withdrawn the subject NITs in respect of aforesaid work, whereas, an application was filed by the respondents U/S 151 CPC with a request to allow the respondent No.3 to issue fresh NIT in respect of aforesaid works. However, it appears that as, inquiry reports of NAB Authorities and Anticorruption Department were not furnished, by that time, therefore, such request by respondents was not accepted and the application was dismissed vide order dated 04.08.2015.

Learned counsel for the petitioner submits that since, the NAB authorities and Anticorruption Department have not submitted final report (s) therefore, they may be directed to submit final report and take action against the delinquent person.

Conversely, the learned A.A.G and learned counsel representing the respondent No.3 submit that purpose of filing instant petition has been served out, whereas the respondents are willing to face the consequences of inquiry being conducted by the NAB Authorities and Anticorruption Department, therefore, instant petition may be disposed of and the respondents may be allowed to issue fresh NITs in respect of the aforesaid public works in accordance with law by following the SPPRA Rules, 2010, so that public at large may not suffer in this account, whereas petitioner may be at liberty to participate in tender process in accordance with law/rules.

Learned counsel for the petitioner does not controvert such position, however submits that the inquiries by NAB Authorities and Anticorruption Department may be continued against the delinquent officials, whereas the respondents may be directed to issue fresh NITs by issuing fresh invitation in newspaper, and to award contract for such work strictly by following the SPPRA Rules, 2010, and shall be directed to ensure that no further violation of law and rules shall be made.

In view of hereinabove facts and circumstances of the case, instant petition is being disposed of with directions to the NAB Authorities and Anticorruption Department to conclude the inquiries within a reasonable period of time, however, strictly in accordance with law. Whereas the official respondents against whom such inquiry is being carried out by two separate agencies, will be at liberty to defend their position by filing appropriate proceedings before proper court of jurisdiction. The official respondents are at liberty to issue fresh NITs in respect of work mentioned at Sr. Nos. 4,6 and 13 of advertisement available at page No.15 annexure ‘B” and complete the entire process in a transparent manner, strictly in accordance with law and by following SPPRA Rules, 2010 at an early date to avoid any further delay in completion of Public works, which has already been caused in the instant case.

Instant petition stands disposed of in the aforesaid terms along with all listed applications.

Judge

Abdul Salam/P.A