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

Section: 7(1),23

Law: Constitution of Pakistan, 1973

Section: 10A

Pakistan Telecommunication (Re-organization) Act (XVII of 1996)--- ----Ss. 7(1) & 23---Constitution of Pakistan, Art. 10A---Charging of tariff---Inquiry---Due process and fair trial---Non-providing of documents collected during inquiry---Appellant company was aggrieved of order passed by Pakistan Telecommunication Authority in consequence of show cause notice---Validity---Appellant company did not have advantage of material / evidence collected by the Authority during visit to the office of appellant company---If such material was inculpatory or had information against appellant company, it was of utmost importance that it should have been confronted to appellant company---Failure on the part of Pakistan Telecommunication Authority to share such material and passing decision on the basis thereof had defeated ends of justice---Proceedings before Pakistan Telecommunication Authority were in the nature of quasi-judicial and it was of paramount importance that tenets of justice should have been adhered to---High Court set aside order passed by Pakistan Telecommunication Authority as the act of not sharing material gathered during visit of office of appellant company violated basic principle of justice viz due process and fair trial---High Court remanded the matter to Pakistan Telecommunication Authority for decision afresh---Appeal was allowed accordingly. ORDER AAMER FAROOQ, CJ.----CM Pak Limited (the Appellant) has invoked its statutory right under section 7(1) of the Pakistan Telecommunication (Re-organization) Act, 1996 (the Act) to challenge order dated 17.09.2021, passed by Pakistan Telecommunication Authority (PTA) against it. 2. PTA in order to verify that the Cellular Telecom Operators are charging Tariff according to their advertised tariff, carried out a survey with regard to the billing verification from 23rd to 30th December, 2020. Post survey results were shared with Cellular Operators including the Appellant. It was pointed out to the Appellant that extra-amount was being charged by the Appellant from consumers on voice over the advertised rates, apart from charging GST @ 19.5% on voice and SMS Services against all packages instead of applicable…

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