Sindh High Court on Friday issued notices to Sindh Chief Secretary, Secretary and Director General of Coal & Energy Development Department, Sindh Coal Authority, on petition challenging alleged discriminatory award of contracts for various coal & energy development schemes to 14 contractor companies on political basis.
A division bench, comprising Chief Justice Mushir Alam and Justice Syed Hasan Azhar Rizvi, also ordered that award of contracts will be subject to decision on petition.
Petitioner, Zaheer Ahmed Sheikh with four others approached SHC, seeking interim injunction against contracts awarded by DG Coal & Energy Development Department to 14 contractor firms. They impleaded Sindh Chief Secretary, Secretary, Director General and Managing Director of Coal & Energy Development Department, Sindh Coal Authority and proprietors of 14 contractor companies.
Their counsels Yawar Farooqui & Irfan Ahmed Memon submitted that Secretary Coal & Energy Development Department made public announcement through newspapers on March 2, 2011, inviting tenders for award of contracts to build RO plants, generator rooms, lavatory blocks, compound walls and underground water tanks in 29 Unit Districts, including Tharparkar, Umerkot, Thatta & Badin of Sindh. The contracts were being awarded under Annual Development Programme.
They submitted each petitioner deposited Rs 160,000 with tender. Subsequently, Secretary Coal & Energy Development Department sought technical & financial proposals. But, out of 35 participating contractor companies, tenders of only 14 companies were accepted despite they offered high bids.
Counsels submitted petitioners offered lowest bids, but Secretary C&EDD awarded contracts to respondent contractors, who had deep roots with influential politicians with ruling political party. They argued official respondents acted in clear violation of Section 24-A of General Clause Act & Article 4 of Constitution. They prayed to declare award of contracts to highest bidders merely on political grounds was unlawful and grant stay against orders of contracts award.
SHC division bench issued notices to Sindh Chief Secretary, Secretary & Director General of Coal and Energy Development Department, Advocate General Sindh & proprietors of 14 respondent contractor firms. Adjourning the hearing for ten days, it also ordered that award of contracts will be subject to decision of this petition.