Law: Constitution of Pakistan 1973

Section: 199

Case Summary The petitioner, a registered Hajj Group Operator (HGO), challenged the orders passed by the Complaint Disposal Committee (CDC) and the Appellate Committee of the Ministry of Religious Affairs and Interfaith Harmony (MoRA). The CDC had directed the petitioner to refund Rs. 900,000 to each of ten pilgrims and permanently blacklisted the firm for alleged violations of the Service Provider Agreement (SPA) 2023, specifically concerning the unauthorized use of agents and failure to provide services. The High Court allowed the writ petition and set aside the impugned orders. The Court observed that the respondents failed to produce any written complaint against the petitioner, which is a mandatory legal prerequisite for initiating adverse or penal proceedings. During the proceedings, the alleged complainants even clarified that they had never lodged any formal complaint against the petitioner. The Court ruled that the CDC’s findings were based on mere assumptions without documentary evidence. Furthermore, the Court maintained judicial consistency by noting that identical orders against other HGOs involved in the same inquiry had already been set aside by the Sindh High Court and the Islamabad High Court. Tagline Punitive actions, including blacklisting and refund mandates against a Hajj Group Operator, are legally unsustainable if initiated without a formal written complaint, tangible evidence, or adherence to mandatory procedural requirements. ORDER; INAAM AMEEN MINHAS, J.- The petitioner has filed the instant Constitutional petition assailing the order dated 26.09.2023, passed by the Complaint Disposal Committee (“CDC”), whereby the petitioner was directed to refund Rs.900,000/- per pilgrim to ten pilgrims and it was permanently blacklisted. The petitioner has also assailed the order dated 28.12.2023, passed by the Appellate Committee Hajj-2023 (“Appellate Committee”), whereby appeal filed by petitioner was disposed of and order of CDC was maintained. Brief facts are that the petitioner is an approved Hajj Group Operator (“HGO”) registered with respondent No.1/Ministry of Religious Affairs and Interfaith Harmony…