Case Details

Citation(s)
2004 SLG 1453 2004 SLD 1453 2004 PLC 294
Lahore High Court
Writ Petition No.7963 of 2003, decision dated: 22-10-2003.
CH. IJAZ AHMAD, J

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ALLAH DITTA LINEMAN and another

VS

PAKISTAN TELECOMMUNICATION CORPORATION COMPANY LTD. through Chairman and 4 others

Law:

Section:

(a) Administration of justice-------Order not challenged before higher forum is binding between the parties. Pir Bakhsh v. Chairman, Allotment Committee PLD 1987 SC 145 ref. (b) General Clauses Act (X of 1897)--- ----S.24-A---Constitution of Pakistan (1973), Art.199---Constitutidnai petition---Order, vires of---Grievance of the petitioner was that the Authorities decided his representation for regularization, without providing him any proper hearing---Order passed by the Authorities neither contained reasons nor mentioned any word qua the objections and grounds taken by the petitioner in his representation---Validity---Under S.24-A, General Clauses Act, 1897; it was the duty and obligation of public functionaries to decide representation of their subordinates with reasons---Competent Authority had decided the representation of the petitioners without applying its independent mind---Order having been passed without providing proper hearing to the petitioners, the same was set aside and the matter was remanded to the Authorities for decision afresh by giving reasons, therefor---Constitutional petition was allowed accordingly. Ghulam Mohy-ud Din's case PLD 1964 SC 829; Messrs Airport Support Service v. Airport Manager Karachi 1998 SCMR 2268; Zain Yar Khan v. Chief Engineer C.R.BCC 1998 SCMR 2419; Pakistan and others v. Public at Large PLD 1987 SC 304; Pakistan Chrome Mine Ltd. v. Enquiry Officer, War Risk Insurance 1983 SCMR 1208 and. Zakir Ahmad's case PLD 1965 SC 90 ref. (c) Constitution of Pakistan (1973)--- ----Arts.189 & 190---Judgment of Supreme Court is binding on each and every organ of the State. (d) Natural justice, principles of--- ----Principles of natural justice must be, read in each and every statute until and unless the same is prohibited by the wording of the statute itself. Commissioner of Income-tax, East Pakistan v. Sayeedur Rehman PLD 1964 SC. 410 ref. Muhammad Arif Raja for Petitioner, Yousaf Hussam Dilawari for Respondent. ORDER The petitioner has challenged the -vires of the order of the respondents dated 26-4-2003 through this Constitutional petition. 2. The learned counsel of the petitioner submits that Competent Authority has…
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