Law: Punjab Sugar Factories Control Rules, 1950

Section: 14(2),16(1)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Administration of justice--- ----Good governance---Role of administration---Scope---In a civilized society the administration cannot be a silent spectator to crime or violation of law---Any Public Officer or Authority has inherent power to take all possible steps to check malpractice, undo fraud and implement law in its letter and spirit. (b) Punjab Sugar Factories (Control) Rules, 1950--- ----Rr.14(2) 16(1)---Constitution of Pakistan, Art. 199---Constitutional petition---Interlocutory order---Collection of informations are sugar factories who were aggrieved of direction issued by Cane Commissioner to provide information regarding payment of 11% interest to sugarcane growers on late payments---Validity---No document or evidence was available to establish that through investigation/inquiry by Cane Commissioner, any right or privilege of petitioners was being jeopardized or infringeds were anticipating that on the basis of inquiry a penal action would be taken against them---On such apprehension petitioners could not be allowed to maintain petition---Letter or pro forma issued by Cane Commissioner requiring information about payment of cane growers was the first step of inquiry/investigation---Decision of objections to inquiry proceeding was interlocutory order in the nature of a step toward a final order eventually to be passed by Cane Commissioner---High Court declined to interfere in the matter as petition under Art. 199 of the Constitution was not maintainable against intermediate stages or steps of inquiry/investigation---Constitutional petition was dismissed in circumstances. National Steel Rolling Mills and others v. Province of West Pakistan 1968 SCMR 317 and Virasat Ullah v. Basher Ahmad, Settlement Commissioner (Industries) and another 1969 SCMR 154 rel. ORDER SHAHID WAHEED, JUSTICE:------ The record appended with this petition indicates that the Cane Commissioner, Punjab, on perusal of data provided by the sugar mills, came to know of the malpractice of not paying the interest at the rate of 11% to the sugarcane growers on account of delayed payments beyond 15 days. Since it was a violation of the mandatory provisions of Rule 14(2) of the Punjab…

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