HC stays for three months procurement of service providers by BCPCL for their own jetty in Payra port

The High Court has stayed for three months the appointment of the stevedore service providers by the Bangladesh China Power Company Limited (BCPCL) for their own service in the inner jetty of the Payra seaport.

It also stayed the effectiveness of the decision of the Central Procurement Technical Unit (CPTU) review panel taken over the Payra Port Authority for the same period.

The High Court bench of Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah passed the order on Sunday after hearing a writ petition filed by the Payra Port Authority.

The court also issued a rule upon the concerned bodies of the government to explain in four weeks as to why the decision of the review panel took over the Payra Port and as to why appointing stevedore service providers by the BCPCL should for their own service should not be declared illegal.

Barrister Mohammad Humaun Kabir Pallob and advocate Mohammad Badrul Amin appeared in the hearing on behalf of the port authority, while deputy attorney general Nawroz Md Russel Chowdhury represented the state.

According to the writ petition, the Payra Port Authority was formed in 2013 under the Payra Port Authority Act. The BCPCL is a power plant company that imports large quantities of coal through Payra Port. The company took permission to build its own jetty inside the Payra Port.

In case of hiring any agency, there is a provision to hire only from the agencies approved by the Payra Port Authority according to the agreement executed between the company and the Payra Port Authority and in accordance with the existing law, the petition also read.

But the company called for a tender to hire an agency at their own jetty. However, the Payra Port Authority made an objection to the tender procedure.

Later, an agency named ‘Noor and Sons’ filed an appeal petition with the Central Procurement Technical Unit review panel regarding the objection of the port authority.

The review panel without hearing the port authority passed a decision unilaterally to change the provision of the port authority in appointing agency.

Challenging the decision taken by the CPTU review panel to change the provision of the port authority in appointing agencies and the appointment of the stevedore service providers by the Bangladesh China Power Company Limited according to the review panel’s decision the port authority filed the writ petition.

The Central Procurement Technical Unit (CPTU) review panel and the BCPCL and five other respondents have been asked to comply with the order.

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