Law:

Section:

(a) Oil and Gas Regulatory Authority Ordinance (XVII of 2002)---Ss. 4(1), 4(4) & 12---Oil and Gas Regulatory Authority ("Authority")---Meetings of the Authority---Quorum---Decisions of the Authority---Invalidity of the decision of the Authority---Appeal to High Court---Review---Scope---Appellant impugned order of Authority passed in a review before it, on the ground that same was coram non judice as it had been passed by two members of the Authority excluding the Chairman, which was a violation of S.4(1) of the Oil and Gas Regulatory Authority Ordinance 2002---Contention of OGRA on the other hand was that impugned order was valid under protection available by virtue of S.4(4) of the Ordinance and that since the Chairman OGRA was on forced leave, therefore, two members of the Authority sat on the review---Held, that no vacancy was in existence at the relevant time when the impugned order was passed and the Chairman OGRA was on forced leave, therefore, OGRA could not take benefit of S.4(4) of the Oil and Gas Regulatory Authority Ordinance, 2002 in order to justify its decision---Record showed that three members of the Authority had rejected the appeal of the appellants, by a majority decision of two members, and in such a scenario, propriety demanded that review arising therefrom must also be heard and decided by three members of the Authority---Impugned order was therefore passed by an incompetent authority and was in violation of S.4(1) of the Oil and Gas Regulatory Authority Ordinance, 2002 and was set aside. Nisar Ahmad and others v. Naveed-ud-Din and others 2004 SCMR 604 rel. (b) Administration of justice --- ----If an incompetent authority passed a basic order, then the whole superstructure built thereupon was liable to fall automatically. Syed Shujat Hussain v. Capital Development Authority through Chairman and another PLD 2001 Lah. 418 rel. (c) Natural justice, principles of ---- ----Affording an opportunity of hearing to a party affected by an order was sine qua non for passing of any such order. Hazara (Hill Tract) Improvement Trust through Chairman and others v. Mst. Qaisra Elahi and others 2005 SCMR 678 rel. ORDER MUHAMMAD FARRUKH IRFAN KHAN,…

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