Law:

Section:

Contract Act (IX of 1872)-------S. 2(h)---Constitution of Pakistan (1973), Arts. 199, 4 & 25---Constitutional petition---Blacklisting of petitioner, a Government contractor, from participating in future freight tenders---Validity---Blacklisting of contractor would entail serious consequences of attaching stigma against him apart from suffering financial losses and losing goodwill in business with Government---Such course could not be resorted to without observing due process of law as envisaged in Art. 4 of the Constitution---Impugned order was silent as to the reasons which had weighed with the Authorities in blacklisting petitioner company whose huge business might be ruined by action of public officer which was prohibited by Art. 25 of the Constitution---Impugned order did not show whether reply and subsequent representation of petitioner were taken into consideration while passing the same---Public functionaries dealing with rights and obligations of persons were required to give valid reasons in their orders which were likely to operate adversely against such persons---Authorities were under obligation to justify as to why position taken by petitioner was not being accepted--- Principles of natural justice must be followed not merely as formality but as a well meaning and effective requirement of law---Personal hearing of person, however, was not the only manner of providing opportunity of hearing---Consideration of written representation made by persons affected to public Authorities dealing with particular aspect of case, would also meet requirements of principles of natural justice---Impugned order not being a speaking order was not sustainable in the eye of law.---jNatural justice, principles of Shahid Afzal v. Government of Pakistan through Secretary, Education, Islamabad and 3 others PLD 1977 Lah. 117; Dawood Corporation (Private) Limited and another v. The Director-General, Department of Supplies, Government of Pakistan, Ministry of Industries, Karachi and 2 others 1988 CLC 788; Messrs Erusian Equipment and Chemicals Ltd. v. State of West Bangal and another AIR 1975 SC 266; Joseph Vilangandan v. The Executive Engineer, (P.W.D.) Ernakulam AIR…

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