Section 29 and 30
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Public Procurement Act, 2006
Section 29 and 30 read with
Rules 56 and 57 of the Public Procurement Rules, 2008:
Section 29 of the Act, 2006 (Act No.24 of 2006), however, provides the
right to file complaint to the authority concerned
(সংশ্লিষ্ট ক্রয়কারী
প্রশাসনিক কর্তৃপক্ষের নিকট)
under Section 30 of the said Act on the context as prescribed under Rule 56
of the Rules, 2008. In view of Rule 57(1) of the Rules of 2008 said
complaint has to be filed/made within the period as stipulated in Schedule
2 of the said Rules i.e., within 7(seven) calendar days of receipt of
knowledge of the complaint which gives rise to the cause of action. In
other words, the complainant in his petition of complaint has to disclose
the date of cause of action in order to compute the period of limitation.
…SHOHOZ-SYNESIS-VINCEN JV Vs. CPTU & ors, (Civil), 16 SCOB [2022] HCD 25
Review Panel has to give specific findings on the point of limitation:
Since in the first complaint dated 30.11.2020 (Annexure-VIII) respondent
No.9 did not disclose the date of knowledge giving rise to the cause of
action hence, it is barred by limitation. Hence, taking into cognizance of
the office letter dated 23.11.2020 by the Review Panel-02, as being
introduced by the respondent No.9 for the first time while filing appeal on
28.12.2020 in order to escape limitation without giving specific findings
on the first complaint dated 30.11.2020 on point of limitation is also not
maintainable. …SHOHOZ-SYNESIS-VINCEN JV Vs. CPTU & ors, (Civil), 16 SCOB
[2022] HCD 25
....View Full Judgment
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SHOHOZ-SYNESIS-VINCEN JV Vs. CPTU & ors |
16 SCOB [2022] HCD 25 |