Open competition: Irrigation secretary asked to reply on 2% advance on tenders

Peshawar High Court also asks authorities to comment on relocating college to Nowshera

PESHAWAR:

A division bench of Peshawar High Court (PHC) issued a notice to the secretary for irrigation on Monday, seeking a reply from him after a contractors association challenged the 2% security advance charged on government contracts.  Justice Syed Afsar Shah and Justice Younis Taheem heard the petition filed by All Pakistan Contractors Association (APCA) General Secretary Sardar Ali through his counsel Farooq Malik.

Malik informed the bench the government had placed an extra burden in the form of a 2% advance on the total amount of each tender. He said recently the irrigation department issued tenders for different projects involving the construction of canals in Peshawar district and imposed a mandatory condition of paying 2% advance on security as stated by the government earlier.



He argued the decision to take security was recently repealed and also produced a notification before the bench as evidence. “When the provincial government has withdrawn the decision, how is the irrigation department still demanding payment?” Malik questioned.

After hearing the arguments, the bench issued a notice to the respondent and sought replies.

Contempt of court

The same bench while hearing a case on relocating a government college from Peshawar to Nowshera allowed petitioner Ayub Jan’s family members to become party to the case he filed before his demise. The bench also issued notice to relevant authorities and directed them to file a reply on a contempt of court petition.

Deputy General Advocate Mian Arshad Jan said the petitioner who had challenged the decision of shifting of a government college to Nowshera had passed away. After Jan’s demise, the provincial government suspended the notification regarding shifting the varsity.

However, the petitioner’s counsel argued although the notification was suspended, the machinery had already been shifted to Nowshera and was yet to be brought back to Peshawar.

The bench, after hearing the arguments, issued notices to the authorities concerned and ordered respondents to file their comments on the petition.

Published in The Express Tribune, March 8^th, 2016.