2009 PLP 1706 (YLR)
through Sole Proprietor — Petitioner Versus GOVERNMENT OF PUNJAB through Secretary Higher Education
| Citation | 2009 PLP 1706 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Maulvi Anwarul Haq and Ali Akbar Qureshi, JJ |
| Parties | through Sole Proprietor — Petitioner Versus GOVERNMENT OF PUNJAB through Secretary Higher Education |
| Primary Law | Purchase Manual (Punjab) |
Q1: What are the key laws and sections cited in 2009 PLP 1706 (YLR)?
This judgment primarily cites: Purchase Manual (Punjab) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 1706 (YLR)?
The case was heard and decided by the Lahore bench comprising: Maulvi Anwarul Haq and Ali Akbar Qureshi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1706 (YLR) (through Sole Proprietor — Petitioner Versus GOVERNMENT OF PUNJAB through Secretary Higher Education). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Ibal Tarrar for Appellant.
- The reasons for issuing notice in this ICA have been stated in our order stated 13-10-2008. The learned Assistant Advocate General has addressed us accordingly.
- 2. The grievance of the appellant is that whereas there is no provision for submission of the tender forms on the letterhead of the tenderer/company, his tender has been rejected on the ground that it is not on the letterhead. Learned Assistant Advocate General states that it is a term of the tender inquiry that the tenders have to be submitted on the letterhead and seeks support from para-19 (ix) of the Purchase Manual.
Headnotes / Summary
Para. 17
Tender of tenderer had been rejected on the ground that it was not on letterhead of the party submitting tender
Para. 17 of the Purchase Manual (Punjab) made it mandatory that the quotations had to be submitted on the prescribed tender form; however, some exception had been made where the quotations were made on' the letter head
Special Instructions in all pro forma tenders, insisted that tenderers must quote on the prescribed invitation to the tender form
General conditions for various contracts also did not make any provision at all for submission of quotations on a letterhead
Insistence of the authorities that forms should be on the letterhead and rejection of tender/quotation on the sole ground that it was not on the letterhead of the tenderer, was violatative of Purchase Manual (Punjab) as also the general/special instructions contained in the said pro formas. Ch. Rizwan Mushtaq Chaudhry, Asst: A.-G. along with Waheed Ahmad, Superintendent, DPI Punjab, Lahore and Muhammad Mumtaz, Head Clerk, Government College (W), Sumandari.
Judgment & Decree
The reasons for issuing notice in this ICA have been stated in our order stated 13-10-2008. The learned Assistant Advocate General has addressed us accordingly.
2. The grievance of the appellant is that whereas there is no provision for submission of the tender forms on the letterhead of the tenderer/company, his tender has been rejected on the ground that it is not on the letterhead. Learned Assistant Advocate General states that it is a term of the tender inquiry that the tenders have to be submitted on the letterhead and seeks support from para-19 (ix) of the Purchase Manual.
3. We have examined the said manual with the assistance of the learned counsel and the learned Law Officer. We find that para-17 of the Purchase Manual makes it mandatory that the quotations have to be submitted on the prescribed tender form. However, some exception has been made where the quotations are made on the letterhead. We have also examined the proforma tenders (PR8-A and PR8-B) Clause 2 of the special instructions in all these forms insists that the tenderers must quote on the prescribed invitation to the tender form. Similarly, the general conditions for various contacts (PR-20, PR-21 and PR-23) also do not make any provision at all for submission of quotations etc., on a letterhead. Having thus examined the said Manual, we do find that the insistance of the respondents that the forms should be on the letterhead and rejection of a tender/quotation on the sole ground that it is not on the letterhead of the tenderer, is violative of the Purchase Manual as also the general/special instructions contained in the said pro formas.
4. We, therefore, dispose of this ICA with a direction to the respondents that they should act in accordance with the provisions of the said Purchase Manual and the said pro formas noted above and in case, a tender/quotation is submitted on the prescribed form, then it should be considered in accordance with law and the instructions contained in the Purchase Manual, and not to be rejected on the sole ground that the quotation/tender has not been submitted on the letterhead of the tenderer. No order as to costs. H.B.T./Q-10/L Order accordingly.