1999 PLP 1489 (CLC)

Shahryar Sheikh, Advocate. Khurshid Anwar Bhindar, Addl. A.‑G. Through this Constitutional petition, petitioner has sought a direction to the respondents‑officials to make payment for the supply of two Freeze Dryer. The comments submitted by the Secretary Live Stock and Dairy Development, Government of Punjab are to the effect that the two machines in question which were supplied on 4‑4‑1995 could not be used for the purpose for which they were meant; that the contractor was asked by the consignee to take away these machines vide Letters Nos.63/PA, dated 4‑5‑1995 and 1104, dated 17‑5‑1995. The petitioner‑contractor, thereafter informed the respondents that pursuant to aforereferred letters, the machines have been repaired, but an examination of those machines indicated that "even this altered/repaired machine cannot be used for freeze drying purpose. A single factor like temperature is not the sole factor for achieving proper freeze‑drying"; that the petitioner made a representation to the Secretary, Live Stock. The matter was referred to the Chief Secretary and ultimately a Committee was formed to examine the issue which submitted report mentioned in para.9 of the written reply which reads as under:‑‑

"(i) That the Freeze‑dryer supplied by Messrs Altaf & Co., on operation is not giving the desired results of freeze-drying live virus vaccine at the required temperature i.e. ‑35Co for tissue culture rinderpest vaccine; electric point can vary from vaccine to vaccine. The machine reached the maximum temperature of ‑21 Co and that too in 20 ‑22 hours. Normally such type of new machines meant for freeze‑drying of live virus vaccine should reach entectic point in 3/4 hours. (ii) Mr. Altaf Mahmood of Messrs Altaf & Company strongly pleaded that he has arranged the supply of freeze‑dryer machines strictly in accordance to the specifications detailed in the indent, purchase order and purchase manual. (iii) The committee observed that Mr. Altaf Mehmood, Chief Executive, Messrs Altaf & Company did visit Freez‑drying section of VRI Lahore Cantt. Twice prior to arranging the supply and held discussions with the staff particular Mr. Anis Iqbal Assistant Research Officer Freeze‑drying section to acquaint himself with the working of such types of machines. (iv) Mr. Altaf Mehmood of Messrs Altaf & Company clearly stated that these two freeze‑dryers have not been designed/manufactured to attain in temperature of ‑35CO in 3/4 hours but here again he insisted that this was not required as per indent/purchase order. (v) The committee on account of abovementioned points were clear that the machines so supplied are not will not fulfil the need of VRI for freeze- drying the live virus vaccines. " I have heard the learned counsel for the parties detail and found that the matter relates to contractual obligations and there is dispute with regard to the quality of the machines supplied and it is not distributed that eversince the supply of those machines, these have not been put to use. In aforereferred circumstances, the controversy would require factual inquiry which exercise cannot be undertaken in a Constitutional petition.

3. For what has been discussed above, I do not find any merit in this petition which is dismissed. H. B. T./A‑100/L Petition dismissed.