' KHAWAJA FAROOQ SAEED, J.--- This appeal under section 20 of Press, Newspapers, News Agencies and Books Registration Ordinance, 2002, has been filed by one Muhammad Idrees Aasi, Chief Editor "Daily Survey Report" against the order, dated 3-3-2009 passed by the D.C.O., Faisalabad.
2. The brief facts of the case are that competent authority received an application/complaint against publisher in which charges were levelled against him for blackmailing by publishing undesirable and denigrated news item against him. The competent authority, therefore, appointed an Inquiry Officer. Vide his report through letter No,15(7)/2008-D/SR-FSD/Eng/318, dated 17-9-2008.
The Investigating Officer confirmed the allegations and held that the charges levelled against the complainant stands proved against him. The D.C.O., therefore, cancelled the declaration of the "Daily Survey Report" against which this appeal has been filed.
3. Before this Court learned counsel for the appellant claimed that he has not done anything wrong and whatever he did was as per law and rules. Further the D.C.O. While passing the order has totally ignored the procedure provided under section 19 of the said Act, besides, the report of the Inquiry Officer is mala fide.
4. The respondent case, however, is that the appellant has been found guilty of using blackmailing tactics. It is correct that the complainant subsequently abstained, however, since the record was totally against the appellant and action under section 19 can be taken suo motu the decision has rightly been given.
5. So far as the action of the D.C.O. Is concerned, the record and the facts are not much in favour of the appellant, but, unfortunately he has proceeded very quickly without following the procedure under section 19 of the said Ordinance. The requirements of the said section in terms of initiation of the proceedings by the Registrar is very clear and unless the case is referred by the Registrar, D.C.O.
Cannot take any action.
6. The requirements which are missing in the present case are very obvious. The application in this case has directly been received by the D.C.O. And he has taken action after making inquiry. This inquiry could have been initiated after receiving the application of the Press Registrar. Press Registrar may send such an application either suo motu or on receiving the same from some other person, however, the proceedings can only be initiated on the basis of the application filed by him.
7. The subsequent procedure includes an opportunity of showing cause in which the proposed action to be taken against the publishers is to be indicated. After the said notice an inquiry shall be held along with providing further opportunity of being heard. The action can be taken thereafter. In the present case this procedure is totally ignored. The order of D.C.O., therefore, cannot sustain and the same is set aside.
8. While giving the above findings this Court has reliance on Writ Petition No,16717 of 2005 as well as Qaisar Nadeem Saqi v. District Coordination Officer (D.C.O.), Hafizabad and 8 others PLD 2006 Lah.
76.
9. Disposed of.