Case Details

Citation(s)
2003 SLG 2758 2003 SLD 2758 2003 CLC 1711
Lahore High Court
Writ Petition No. 19154 of 2002, heard on 21st May, 2003.
CH. IJAZ AHMAD, J

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Messrs JAMIL & CO. through Proprietor

VS

GOVERNMENT OF PUNJAB through Secretary, Communication and Works Department, Civil Secretariat, Lahore and 4 others

Law:

Section:

(a) Approbate and reprobate------- No one is allowed to approbate and reprobate. Ghulam Rasool's case PLD 1971 SC 376 fol. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutitinal petition---Rescission of contract by Authority without notice to the petitioner---Objection of Authority was that petitioner had alternative remedy to invoke arbitration clause, thus, Constitutional petition was not maintainable---Validity---Such objection had no force. Messrs Wak Orient v. Government of Pakistan 1998 CLC 1178 and Shaukat Ali's case PLD 1997 SC 342 fol. (c) Administrative decisions--- ---- Public functionaries are duty bound to act justly, fairly, equitably, reasonably and without discrimination. Messrs Airport Sport Services' case 1998 SCMR 2268 fol. (d) General Clauses Act (X of 1897)--- ---Duty of public functionaries to take action against a person with reasons. (e) Constitution of Pakistan (1973)--- ----Art. 199---General, Clauses Act (X of 1897), S.24-A---Constitutional was that notice sent by the Authority was received by him on the date on which contract was rescinded, thus, such action of Authority was without notice to him---Validity---Impugned order did not contain any reason and was also hit by principle of natural justice as petitioner had not been properly served---High Court set aside impugned order with directions to Authority to pass fresh order after providing proper hearing to all parties including petitioner, and in case any officer/official was found responsible for any mischief, then take action against him under Efficiency and Disciplinary Rules and initiate criminal proceedings against him. I.C.A. No.780 of 1998; C.P. No.279/L of 2000 and Messrs Wak Orient v. Government of Pakistan 1998 CLC 1178 ref. University of Dacca v. Zakir Ahmad PLD 1965 SC 90; Pakistan and others v. Public at Large PLD 1987 SC 304 and Pakistan Chrome Mines Limited v. Inquiry Officer 1983 SCMR 1208 rel. (f) Administrative decisions--- ---- Nobody should be penalized by act of public functionaries. Ahmad Latif Qureshi's case PLD 1994 Lah. 3 fol. (g) Natural justice, principles of--- ----Principles of natural justice must be read in each and every statute,…
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