Law:

Section:

Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order (I of 1983)------Art. 32---Constitution of Pakistan (1973), Art.199---Constitutional petition---Principle of natural justice, violation of---Petitioner's complaint having been decided by Acting Ombudsman in his favour Director Legal Affairs filed representation before President of Pakistan under Art.32 of Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order, 1983---Section Officer, Government of Pakistan by an office order informed petitioner that upon acceptance of representation, decision of Acting Ombudsman had been set aside by President of Pakistan---Petitioner had been denied notice and right of hearing on representation against petitioner and representation had been decided by the President of Pakistan in absence of the petitioner---Impugned order had adversely affected petitioner as the same had set aside an order in his favour without giving an opportunity of defence to him---Allowing the right of participation to the affected party was fundamental to rules of natural justice as well as administration of legal system of justice---President of Pakistan had to meet the minimum standards of natural justice by giving opportunity of hearing to affected person and to pass a well-reasoned on due consideration of facts of the case and application of law---Such statutory obligation could neither be abridged nor departed from by President under any circumstances or in any eventuality whatsoever---Such having not been done in the present case, impugned orders of President of Pakistan conveyed to petitioner through Memos were declared by High Court to be without lawful authority and of no legal effect---Representation in question would be deemed to be pending and would be re-decided in accordance with law after giving due notice and opportunity of hearing to parties. Federation of Pakistan through Secretary, Establishment Division, Government of Pakistan, Islamabad v. Muhammad Tariq Pirzada and 2 others 1999 SCMR 2744; Federation of Pakistan v. Muhammad Tariq Pirzada and 2 others 1999 SCMR 2189 and Messrs Eastern Leather Company (Pvt.) Limited v. Federation of Pakistan and others PLD 2004 Lah. 83…

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