' MUHAMMAD SAIR ALI, J.--- Petitioner's Complaint No.L/5015/01/2498 was decided by the learned Wafaqi Mohtasib (Ombudsman) through decision dated 29-4-2002 in favour of the petitioner.
2. Against the above decision, respondent No.3 i.e. The Chairman, State Life Insurance Corporation of Pakistan, Karachi filed a representation before Honourable the President of Pakistan under Article 32 of the Establishment of the Office of Wafaqi Mohtasib Order 1983.
3. By an Office Memorandum dated 11-10-2002, the petitioner was informed by the Section Officer, Government of Pakistan, Law, Justice and Human Rights Division that upon acceptance of the representation of respondent No.3, the decision of the learned Wafaqi Mohtasib (Ombudsman) was set aside by Honourable the President of Pakistan.
4. Through this petition, the above order has been challenged by the petitioner.
' Reply has been filed on behalf of respondents Nos.3 and 4. Mr. M. Pervaiz Akhtar, Deputy Attorney General has appeared for respondent No.
1. Respondents Nos.3 and 4 are represented through Messrs Tariq Nasim and Ibrar Ahmad, Advocates who could not deny the fact that the petitioner was not heard by Honourable the President of Pakistan.
5. Having heard the learned counsel for the petitioner, this Court has no option but to accept this constitutional petition. Examination of the impugned order shows that the petitioner has been denied notice and the right of hearing on the respondent's representation against her. The petitioner has been condemned unheard. Though the impugned order adversely affects the petitioner yet the same has been passed without an opportunity of hearing to the petitioner who was vested with a right of participation in the proceedings against her as a party thereto. Question of absence of proper hearing on a representation to the Honourable President of Pakistan was settled by the august Supreme Court of Pakistan in the case of "Federation of Pakistan v.
Muhammad Tariq Pirzada and 2 thers" 1999 SCMR 2744 and "Federation of Pakistan v. Muhammad Tariq Pirzada and 2 others" 1999 SCMR 2189. In the case reported as 1999 SCMR 2189, the Honourable Supreme Court of Pakistan was pleased to settle the law on the nature of the jurisdiction vesting in the President under Article 32 of the above referred Order of 1983. It was held that:-- "the jurisdiction vested in the President under Article 32 partakes of appellate jurisdiction ' And that;-- "Under the scheme of the Order, the President exercises the same nature of functions as are performed by the Ombudsman. Thus visualized, the President while performing his functions under Article 32 of the Order acts in quasi-judicial and not in administrative capacity, which is totally distinguishable from administrative actions."
6. This Court in judgment dated 28-10-2003 passed in Writ Petition No.5893 of 2003 titled "Messrs Eastern Leather Company (Pvt.) Limited v. Federation of Pakistan and others" reported as Vol. 7 No.12 Tax Forum 52 and PLD 2004 Lahore 83 has also held that the law and the principles of natural justice oblige Honourable the President to decide a representation before him after due opportunity of hearing to the parties before him.
7. In the present case the representation has been decided without hearing the petitioner.
Wherefor, this petition is accepted for the reasons set out in above judgment dated 28-10-2003 in Writ Petition No.5893 of 2003 titled "Messrs Eastern Leather Company (Pvt.) Limited v. Federation of Pakistan etc." reported as Vol. 7 No.12 Tax Forum 52 and PLD 2004 Lahore 83. The impugned order conveyed to the petitioner through memo. Dated 11-10-2002 is declared to be without lawful authority and of no legal effect.
8. This constitutional petition has been decided for the reason that the decision of representation was made without an opportunity of hearing to the petitioner, therefore, the questions of law and facts involved in the case have not been dealt with and decided. The questions are left to be re- decided in the representation filed by the respondents before Honourable the President of Pakistan.
The representation shall be deemed to be pending and shall be re-decided in accordance with law after due notice and opportunity of hearing to the parties.