Law: Constitution of Pakistan 1973

Section: 199

Law: Port Qasim Authority Act, 1973

Section: 13

  Constitution of Pakistan (1973) ----Art. 199---Dkiscretion---Statutory discretion---Duty of Court---Exercise of statutory discretion affecting individual's interest was although invariably reviewable, yet Courts would be reluctant to substitute their own discretion for that of Authority where discretionary power was not arbitrarily exercised-- Authority wherein discretion was vested could, however, be compelled to exercise its discretion but could not be compelled to exercise the same in any particular manner---Where party proceeded against had done, whatever possibly could be done in fair exercise of its discretion, particularly keeping in view prime object of the project for which such discretion was exercised; no illegality was committed nor arbitrary procedure wa!s followed---Where entire transaction in exercise of discretion was transparent, Court would decline to interfere in such matter. [p. 379] A Pacific Multi-national v. I.G. PLD 1992 Kar. 283; Abdullah & Co. v. Province of Sindh 1992 MLD 293; Jones v. Swansea (1989) 3 All ER 162; Balckpool Fylde Aero Club Ltd. v. Blackpool Borough Council (1990) 25 All ER; Guruswamy v. State of Maysore AIR 1954 SC 592; Ras Bihari v. State of Orissa AIR 1969 SC 1081; DF_O South Kheri v. Ram Shone AIR 1973 SC 205 and Ramana v. IAA AIR 1979 SC 1628 rel. Constitution of Pakistan (1973)--- ----S. 199---Constitutional petition---Port Qasim Authority Act (XLIII of 1973), S.13---Natural justice, principles of---Construction of specified project---Bids of rival parties for undertaking such construction---Principles of natural justice---Applicability---Extent---Where evaluation of proposals was done on basis of written information provided by petitioners themselves, personal hearing at every stage of examination of those proposals was neither necessary nor justified, and principles of natural justice on that count could not be said to have been violated---Administrative adjudication is mostly done by informal process---Written representation in such case would be sufficient compliance of the principles of natural justice. [p. 380] B     Administrative decision--- ---- Administrative adjudication is…