Case Details

Citation(s)
2015 SLG 2213 2015 SLD 2213 2015 MLD 1004
Lahore High Court
DATE of hearing: 3rd December, 2014., Writ Petition No. 28681 of 2014, decided on 15th December, 2014.
SHAHID KARIM, J
Sh. Muhammad Ali, Barrister Haris Ramzan and Ms. Mubashra Khalid for Petitioners. M. Shafique and Syed Safeer Hussain, Registrar, NEPRA for
Respondents.

[Lahore] FAISALABAD ELECTRIC SUPPLY COMPANY LIMITED through HR and Admin DirectoR

VS

NATIONAL ELECTRIC POWER REGULATORY AUTHORITY through VicEChairman

Law:

Section:

(a) National Electric Power Regulatory Authority (Tariff Standards and Procedure) Rules, 1998--- ----R. 16(6)---Constitution of Pakistan, Art. 199---Constitutional petition---Motion for leave for review---Interpretation of Rule 16(6) of the National Electric Power Regulatory Authority (Tariff Standards and Procedure) Rules, 1998---Term "full strength" occurring in R.16(6), meaning and scope of---Petitioner impugned order passed by National Electric Power Regulatory Authority ("Authority") on its motion for leave for review on the ground that under Rule 16(6) of the National Electric Power Regulatory Authority (Tariff Standards and Procedure) Rules, 1998 the hearing for such motion for leave for review was to be carried out by the "full strength" of the Authority; whereas impugned order was passed after hearing only three out of five members of the Authority---Held, that under Rule 16(6) of the National Electric Power Regulatory Authority (Tariff Standards and Procedure) Rules, 1998; the law mandated that a motion for leave for review; was to be heard by the "full strength" of the Authority; and the term "full strength" was not a complicated issue of construction for the said rule; and meant that said proceedings shall be undertaken and decided by all members of the Authority sitting together and deciding on the review---While the law in the present case did not refer to the quorum, however it, without equivocation, required that hearing be carried out by the "full strength" of the Authority---Object and purpose behind hearing of review by the "full strength" of the Authority was that such review was in nature of an appeal and therefore hearing should be carried out by the complete strength of the members of the Authority and the same would also lend due process to the entire procedure---Impugned order was set aside and matter was remanded to the Authority for decision afresh---Constitutional petition was allowed, accordingly. Oxford Advanced Learner's Dictionary, 8th Edition rel. (b) Interpretation of statutes--- ----Intent of the Legislature must be clearly gleaned and must be given effect to without demur. (c) National Electric Power Regulatory Authority…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492