2016 PLP 633 (CLC)

Through instant petition, the petitioner has sought directions of this Court to the effect that the Deputy Director, Anti-Corruption Department or Deputy Director, FIA, Sukkur may be directed to conduct an inquiry against respondents Nos.2 and 3, who according to learned counsel for the petitioner, have not awarded the contract to the petitioner and have awarded the same to some other person of their own choice in violation of SPPRA Rules, 2010. It has been further prayed that construction work of Road from National Highway to village Jogi Watiya Road may be stopped till disposal of instant petition. Record shows that prior to filing instant petition, the petitioner has filed another petition No.3284/2015, alleging therein that the respondents are not issuing tender form, hence directions were issued by this Court to the respondent to consider the request of the petitioner for issuance of blank tender form, if found to be eligible. Pursuant to such directions, according to petitioner, the tender form was issued to the petitioner, which was duly filled and submitted by the petitioner, however, he has not been awarded the said contract. No detail whatsoever regarding contract or its award has been furnished by the petitioner nor any material has been placed on record to show that any violation has been committed by the respondents while awarding the contract under reference. It appears that baseless allegations have been leveled against the respondents Nos.2 and 3 seeking directions from this Court to get an inquiry conducted through Anti-Corruption department or FIA, Sukkur on the basis of mere allegations, which will amount to allowing the Anti-Corruption department to start a fishing and roving inquiry, which will obstruct the public work unnecessarily. We have been observing that frivolous petitions are being filed by the contractors who could not get contract in their favour, in order to either blackmail or to get the contracts awarded in their favour after exerting pressure under the garb of such frivolous cases filed before this Court, particularly in the absence of any concrete material or evidence to support such allegations. In the present case, the petitioner has not approached the relevant forum provided under law to dispute the public tender process by filing proceedings under SSPRA Rules, 2010, and instead, has directly filed instant petition with such baseless allegations, which are otherwise, not supported by any material or evidence. Accordingly, we are of the considered opinion that instant petition is totally misconceived, which is hereby dismissed in limine along with listed applications. SL/M-106/Sindh Petition dismissed.