Law: Constitution of Pakistan, 1973

Section: 199,203,25

Law: Constitution of Pakistan, 1973

Section: 199,203,25

(a) Public functionaries-------Inaction of---Effect---Nobody could be penalized by inaction of public functionaries, whose primary duty being to protect rights of public and bound to act in quasi judicial manner. (b) Administration of justice--- ----Litigant could not be knocked out on basis of technicalities as duty of court was to do substantial justice and meet ends of justice. PLD 1961 Lah. 664; PLD 1961 SC 192; 2007 SCMR 1209 and 2009 SCMR 644 ref. ORDER IQBAL HAMEED-UR-RAHMAN, C.J.--- Through the instant constitutional petition under Article 199 read with Article 203 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner has made the following prayer:--- "It is therefore, respectfully prayed that: (I) The writ of Mandamus, or any other appropriate writ, order or direction be issued to the respondents to release and to make payment of compensation to deprived and affected 187 persons/families of Earthquake disaster-2008, inhabitants of village Road Mulazai and Dilsora, District Pishin, Tehsil Karezat U/C (Balochistan) without discrimination out of the relevant fund reserved, as per announced by the Government outstanding against claim worth Rupees 93.50 Million. (II) To pass appropriate directions to Auditor General of Pakistan to carry out necessary audit of the account under the title of P.M. & C.M. RELIEF AND REHABILITATION FUNDS' maintained by the commercial Bank of the countries, in particular Bank A/C No. Fund-G12160 and Fund G 121, maintained by NBP, Civil Secretariat Branch Quetta and other treasury offices in Balochistan. (III) Any other relief to which this honourable Court deems fit and proper may also be awarded in favour of the petitioner. 2. Precisely, the petitioner has alleged that petitioner and other 187 families are resident of P.O. Khanozai village Road Mullazi, District Pishin (Balochistan) and are affectees of 28th October, 2008 earthquake. The Prime Minister of Pakistan announced financial aid to the tune of Rs.350,000/- for each affected family as compensation. Respondent No.4 i.e. Provincial Disaster Management Authority (PDMA) under took a short survey of the area on urgent basis, however, nothing was…

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