' The brief facts giving rise to this writ petition are that the petitioner submitted an application before respondents for connection of telephone but the respondents mala fide did not provide the same to the petitioner and did not decide the application of the petitioner in true prospects. The petitioner further states that the respondents sent even bill to the petitioner qua the telephone number but the telephone was not installed at the premises of the petitioner. The petitioner was constrained by the circumstances and approached (URDU TEXT) who after providing opportunities to the respondents gave direction to the respondents vide order dated 7-9-1998 in the following terms:-- "In view of the above, the Agency has been found guilty of mal-administration. The General Manager, LTR(N) is, therefore, directed to provide telephone connection to the complainant within 30 days, after receipt of these findings, without the cost of telephone posts and D/wire. With these observations, this case is closed."
' The petitioner further states that respondents did not file any appeal against the aforesaid order of (URDU TEXT)before the President of Pakistan. He further states that the order of Wafaqi Mohtasib Ala was not agitated by the respondents before this Court. He further alleged that the respondents have provided telephone connections in the locality to other persons and the petitioner is penalized only; that the petitioner knocked the door of (URDU TEXT) The contents of para.9 of writ petition is as follows:--{{URDU TEXT}}
2. The learned Legal Advisor for respondents contended that respondents did not file any appeal against the order of (URDU TEXT). He further states that the petitioner has alternative remedy to file contempt petition before the (URDU TEXT) and the writ petition is not maintainable. He further stated that petitioner failed to bring on record any instance; that the respondents installed telephone connection to other persons in the locality, therefore, action of respondents is in good faith. It is further stated that for the purpose to supply connection to the petitioner; the respondents have to installed 14 poles i,e, policy matter and this Court has no jurisdiction to substitute its own decision in place of policy maker.
3. I have given my anxious consideration to the contentions of the learned counsel for the respondents and also heard the petitioner in person. It is admitted fact that the petitioner approached the Wafaqi A Mohtasib who has given ample opportunities to the respondents to appear before him but the respondents did not appear before him and the Wafaqi Mohtasib was constrained by the circumstances to give direction to the respondents to install telephone without the cost of telephone poles D/Wire. The respondents did not file any appeal against the said order.
The respondents are public functionaries; they are bound to act within the framework of Constitution and law and the respondents have no authority whatsoever under any provisions of the Constitution and law to frustrate the recommendation of Wafaqi Mohtasib unless and until the public functionaries have agitated the matter before the President of Pakistan or to file writ petition for setting aside the recommendation of Wafaqi Mohtasib. The respondents failed to agitate the matter before this Court as well as before the President of Pakistan. This brings the case of the petitioner in the area that the respondents are not acting in good faith, therefore, the action of respondents are mala fide as the principle laid down by the Hon'ble Supreme Court in the following judgments;-- ' Ghulam Mustafa Khar's case PLD 1989 SC 26, Zia-ur-Rehman's case PLD 1973 SC 49 and PLD 1974 SC 151.
' The President Order No,1 of 1983 is that the public functionaries are bound to obey the direction of Wafaqi Mohtasib but the action of respondents is not in accordance with the P.O. No,1 of 1983.
4. In view of above discussion, this writ petition is accepted with no order as to costs. The respondents are directed to implement the direction of Wafaqi Mohtasib in, letter and spirit within four months.