Law: Pakistan Telecommunication (Re-organization) Act, 1996

Section: 7(1),7(2),21,23(1)

Pakistan Telecommunication (Re-Organization) Act, 1996 (XVII of 1996)-- ----Ss. 7(1), 7(2), 21 & 23(1)--Issuance of license to provide cellular mobile services--Conducting of survey regarding services of respondent--Survey report--Services were below required standard--Issuance of show cause notice to provide quality of service measurement tools--Filling of appeal instead of reply--Dismissed--Appeal before High Court--Allowed--Challenge to--Decision of PTA was in accordance with Section 7(2) of Act--Appeal preferred before High Court was also incompetent as there was no decision or order of PTA--There was also no decision on show cause notices--High Court could not suspend or strike down said show cause notices in exercise of its appellate jurisdiction under Section 7(1) of Act--Matter of show cause notices was still pending and no adverse action was taken or ordered against respondent to enable it to invoke appellate power of PTA or High Court, respectively under Section 7(2) or 7(1) of Act--At this juncture it would however not be appropriate to dilate upon any of issues involved as it may affect rights of either party--We note that PTA had graciously extended period for filing of replies to show cause notices by 7 days (in paragraph 14 of its decision), however, period has expired and opportunity provided was not availed of by respondent--We, therefore, have no hesitation in setting aside impugned of learned Judge of High Court since it has been passed by disregarding Section 7(1) of Act--We can however not be unmindful of fact that show cause notices were issued a few years back and it is not known whether action pursuant thereto is still contemplated--In case officers of PTA want to proceed with matter of said show cause notices they would grant at least seven days to respondent to submit its reply thereto--If reply submitted by respondent is not found to be satisfactory or none is submitted respondent will be granted a hearing whereafter matter shall be decided--Order accordingly. THIS ORDER PASSED BY: QAZI FAEZ ISA, J--.-- This petition was converted into an appeal and allowed on 2nd April, 2019 through a short order and the following are the reasons…

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