NAZEER AHMED LANGOVE, J. In this petition the following prayer has been made: "It is accordingly reswfully prayed that this Hon'ble Court may be pleased to declare that the said act of the respondent No.2 is illegal and unlawful and the respondents be directed to issue tender forms to the petitioners and all other contractors without any political influence and pressure and allow the petitioners to participate in the said tender process, with any other relief and cost of the petition throughout, in the interest of justice."
2. Facts in brief are that in pursuance of publication made in newspaper dated 14th May 2020, for upgradation to Higher Secondary Government Boys High School Kadkocha District Mastung, and construction of Futsal Stadium at Municipal Committee Mastung, the petitioner being a qualified Government Contractor, after following due course, deposited an amount of Rs.13,00,000/- as call deposit through pay orders in the name of Executive Engineer (Building) Provincial B&R District Mastung (respondent No.2); that on 29th May, 2020 the petitioners filed an application before the respondent No.2 for provision of tender forms, but the same were not provided to them, which too, without any rhyme or reason; hence, this petition with the prayer mentioned above.
3. On service of notices, the respondents filed their para-wise comments and contested the petition mainly on the ground that the petitioners have already approached the Appraisal Committee on 5th June 2020 and simultaneously filed the instant petition without having waited for fifteen days as per procedure laid down in the Balochistan Public Procurement Regulatory Authority (BPPRA) Rules, 2014. It was further contended that in the advertisement it was clearly mentioned that the tender forms can be downloaded from the website of BPPRA; claim of the petitioner, therefore, is liable to be rejected. The concerned Executive Engineer present in the Court stated at bar that no irregularity or illegality has been committed nor he obliged someone out of the way or in violation of merit.
4. Heard the learned counsel for the parties and gone through the record, which indicates that since the work order has been issued and work on the schemes has also been commenced, therefore, at this stage it would be inappropriate to make orders for re-initiation of the process which has already been completed in all respects, more over; the instant petition has been filed without having obtained result of Redressal Committee and Procurement Review Committee, therefore, the very petition is not maintainable, vide, relevant provisions of the Balochistan Public Procurement Regulatory Authority (BPPRA) Rules 2014, which reads as under: "56. Mechanism for Redressal of Grievances.--(1) The Procuring Agency shall constitute a committee comprising odd number of persons, with appropriate powers and authorizations, to address the complaints of bidders that may occur prior to the entry into force of the procurement contract (1-a) The Committee shall consist of a Chairman, head of the procuring agency or an officer of the procuring agency, at-least one rank senior to the head of the procurement committee and odd number of members at least one third of members are from outside the procuring agency.
Provided that none of the members on the committee were members on the procurement committee.
(2) Any bidder being aggrieved by any act or decision of the Procuring Agency after the issuance of Notice Inviting Tender may lodge a written complaint.
(3) The complaint redressal committee upon receiving a complaint from an aggrieved bidder may, if satisfied--
(a) reject the complaint considering it to have been made on frivolous grounds;
(b) prohibit the Procurement Committee from acting or deciding in a manner, inconsistent with these rules and regulations;
(c) annul in whole or in part, any unauthorized act or decision of the Procurement Committee;
(d) recommend to the Head of Department that the case may be declared a mis-procurement if material violation of the Act, rules, regulations, orders, instructions or any other law relating to public procurement, has been established; and
(e) reverse any decision of the Procurement Committee or substitute its own decision for such a decision; Provided that the complaint redressal committee shall not make any decision to award the contract.
(4) The Complaint Redressal Committee shall announce its decision within fifteen (15) days and intimate the same to the bidder and the Authority within three (03) working days by Procuring Agency.
(5) The Procuring Agency shall award the contract after the decision of the complaint redressal committee.
(6) Mere fact of lodging of a complaint shall not warrant suspension of the procurement proceedings.
(7) Any bidder not satisfied with the decision of the Committee of the procuring Agency may lodge an appeal in the relevant Procurement Review Committee."
Record further reveals that while awarding the work, apparently no glaring illegalities or irregularities have been committed by the official respondents, coupled with the fact that the petition filed by the petitioner is not maintainable; however, if a matter of public importance comes into the notice of Court wherein huge amount of National exchequer is involved, Courts cannot shut their eyes, rather being custodian of basic and fundamental rights of the citizens are under legal obligation to take notice of the same.
5. In view of what has been discussed above, the petition filed by the petitioners being non- maintainable stands dismissed.
However, at this stage, the Government of Balochistan is directed to evolve an effective and result oriented mechanism of surveillance of not only this project but every scheme wherein Public exchequer is involved.