Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)------Art. 199---Constitutional petition---Contractual liability-R Blacklisting of a firm---Failure to issue show-cause notice---Petitioner failed to comply with its contractual obligation in stipulated period---Such failure was due to non-availability of the material in the market---Authorities without providing opportunity of hearing blacklisted the petitioner---Validity---Mere assertion that the petitioner had ample opportunity, without the support of documents could not have a firm credence---Where an act or order inflicted civil consequences on a person in respect of his reputation or property which was harmful to interest of that person, he was entitled to be heard before such action or order was taken or passed---Before taking such a decision the person likely to be affected adversely was entitled to a notice and hearing in the matter---Order of blacklisting the petitioner without notice was illegal, of no legal effect and the same was set aside in circumstances. Muhammad Iqbal v. Fatima Jinnah Medical College and another 1989 MLD 4237; Tristar Shipping Lines Limited v. Government of Pakistan through Secretary, Ministry of Food, Agriculture and Livestock and 2 others 1997 CLC 1475; Aftab Shahban Mirani v. President of Pakistan and others 1998 SCMR 1863; New Jubilee Insurance Company Ltd., Karachi v. National Bank of Pakistan,- Karachi PLD 1999 SC 1126 and Preetam Pipes Syndicate v. Tamil Nadu Slum Clearance Board, Madras AIR 1986 Mad. Messrs Farid Sons Ltd., Karachi and others v. Government of Pakistan through its Secretary, Ministry of Commerce, Karachi and another PLD 1961 SC 537 and New Jubilee Insurance Company Ltd., Karachi v, National Bank of Pakistan, Karachi PLD 1999 SC 1126 ref. JUDGMENT The petitioner claims to be a licensed contractor for the supply and erection of goods and material engaged in the said business for the last many years. He claims to have performed and executed number of contracts awarded to him by the respondents in the past. A contract was awarded to him for the improvement of lighting in C & W Shops, Moghalpura, Loco Shops, Moghalpura and electric portion of staff quarters on Workshop…

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