CM No. 1 of 2020 This is an application for restoration of the main petition which was dismissed for non prosecution. This application is supported by an affidavit. Allowed subject to all just and legal exceptions and the main petition is ordered to be restored on its original number and fixed for hearing today .
Main Case
2. This constitutional petition challenges the order dated 25.9.2017 passed by the Appellate Board of NEPRA which affirmed the order dated 30.06.2016 passed by the Provincial Of fice of Inspection (POI).
3. The learned counsel for the petitioner raised two grounds of challenge. Firstly , according to him, the decision made by POI has been rendered beyond a period of 90 days. This objection has been dealt with by the Appellate Board of NEPRA by observing that the adjudication by POI was under Section 38 of the Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 and not as an Electric Inspector under Section 36(6) of the Electricity Act, 1910. Second objection was regarding the competence of POI to adjudicate upon the matter which was the subject matter of the complaint before POI by referring to the judgment of the Supreme Court of Pakistan reported as PLD 2012 SC 371. On both these counts, the forums below have rendered their decisions in consonance with the law and no interference is called for by this Court in its constitutional jurisdiction. This petition is without merit and is dismissed.