Case Details

Citation(s)
2024 SLG 5685 2024 SLD 5685 2024 MLD 1927
Sindh High Court
C.P. No. D-6136 of 2021, decided on 28th August, 2023.
Before Yousuf Ali Sayeed and Mohammad Abdur Rahman, JJ
Aftab Ahmed Memon for the Petitioner. Asad Iftikhar Assistant Advocate General, Sindh for
Respondent No. 1. Naseer Ahmed Leghari, Law Officer for
Respondents Nos. 2, 3 and 4. Muhammad Yasir for
Respondent No. 5. Date of hearing: 30th May, 2023.

ALLAH BUX BROHI---Petitioner

VERSUS

GOVERNMENT OF SINDH through Secretary Minerals Development

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan-------Art. 199---Constitutional petition---Principle of natural justice---Violation--Government contracts, participation in---Blacklisting--- Non-issuance of show cause notice--- Effect--- Petitioner was aggrieved of letterissued by authorities blacklisting him from participating in government contracts--- Validity--- There was no show cause notice issued for a hearing on allegations that were levelled against petitioner in respect of falsely procuring Solvency Certificate---Petitioner was deprived of a right of hearing on the allegations--- It was mandatory for authorities while issuing letter to petitioner to have acted in accordance with rules of natural justice but this was not done--- High Court set aside letter issued by authorities as the same had been issued in violation of principles of natural justice-- Constitutional petition was allowed, in circumstances.New Jubilee Insurance Company Ltd. Karachi v. National Bank of Pakistan PLD 1989 SC 1126; M.A. Aleem Khan and Sons (Pvt.) Ltd. v. Province of Punjab and others PLD 2006 Lah. 84; Rehim Khan v. Divisional Superintendent Pakistan Railways Rawalpindi 2003 YLR 63; Zulfiqar Ali v. Divisional Superintendent (Workshops) Pakistan Railways (Moghalpura), Lahore another PLD 2001 Lah. 13; Nizami Construction Company through Sole Proprietor v. Chief Executive Officer, Gujranwala Electricity Supply Company (GEPCO) and 2 others 2005 CLC 366; Messrs Fast Tracks through Sole Proprietor v. Federation Investigation Agency 2021 CLC 1160; M.A. Aleem Khan and Sons (Pvt.) Ltd. v. Province of Punjab and others PLD 2006 Lah. 84; Adam Sugar Mills Limited v. Federation of Pakistan 2012 CLC 1780 and Humeria Imran through Attorney v. Government of Pakistan, Ministry of Defence and Production PLD 2019 Sindh 467 ref.JUDGMENTMOHAMMAD ABDUR RAHMAN, J.---This Petition has been maintained by the Petitioners under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 against a letter dated 9 August 2021 issued by the Respondent No. 2, C.P. No. D-6136 of 2021, decided on 28th August, 2023.2.    The facts giving rise to this Petition are that the Petitioner participated in a…
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