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