Law:

Section:

(a) Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (1 of 1983)-------Arts. 9 & 32---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Complaint before Wafaqi Mohtasib--­Representation before the President---Complaint filed by petitioner before Mohtasib having been accepted, respondents being aggrieved by order of Mohtasib filed representation under Art.32 of Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983---Said representation was accepted without providing proper hearing to the petitioner---Order accepting representation having been passed without issuing notice to petitioner, was not sustainable in the eye of law---Basic order being without lawful authority, superstructure built thereon would fall automatically---Impugned order and notice issued on the basis of said order were set aside and representation filed by respondents would be deemed to be pending adjudication before Competent Authority which would be decided, after providing opportunity of hearing to the parties. Federation of Pakistan v. Muhammad Tariq Pervaiz 1999 SCMR 2189; Federation of Pakistan v. Muhammad Tariq Pervaiz 1999 SCMR. 2744; Pakistan and others v. Public at Large and others PLD 1987 SC 304; Pakistan Chrome Mine's case 1983 SCMR 1208; Yousaf Ali v. Muhammad Aslam Zia PLD 1958 SC (Pak.) 104; Crescent Sugar Mills and Distillery Ltd. v. Central Board of Revenue, Islamabad and 2 others PLD 1982 Lah. 1 ref. (b) Constitution of Pakistan (1973)--- ----Art. 189---Judgment of Supreme Court---Binding force of--­Judgment of Supreme Court was binding on each and every organ of the State. Mirza Manzoor Ahmed for Petitioner. Ch. Saghir Ahmad, Standing Counsel for Respondents. ORDER The brief facts out of which the present writ petition arises are, that the petitioner filed a complaint before the Wafaqi Mohtasib Ala, who accepted the same vide order, dated 18-4-2001. The respondents being aggrieved filed a representation under Article 32 of the President's Order No.1 of 1983 on 8-5-2001. The respondents accepted the same without providing proper hearing to the petitioner vide order, dated 3-1-2003. 2. The learned counsel of the…

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