Petitioner, a Pharmaceutical Company, calls in question Notification dated 29-5-2000 by which the maximum retail price of. Deliminator Nasal Spray, a product of the petitioner, has been fixed at Rs,20 and consequential letter dated 1-6-2000 by which the petitioner has been called upon to revert to the price so fixed and declare the price in the leading English and Urdu Newspapers.
2. It has been urged that the order has been passed without personal hearing of the petitioner and without giving opportunity to explain the breakdown of the price. According to learned counsel, it is not profitable for the petitioner to sell the product at this price.
3. In the report and comments submitted on behalf of all the respondents it is asserted that the price has been fixed keeping in view all the relevant circumstances including the reply of the petitioner. However, during the course of hearing learned Deputy Attorney-General admitted that personal hearing has not been granted but argued that this is not necessary and that more consideration of the reply is enough in law. In further reply learned counsel for the petitioner vehemently urged that the consideration of reply is not sufficient particularly when in this case the petitioner reserved the right to submit further reply giving of relevant information by respondents.
4. I have gone through the relevant record and considered the submissions m; Right of personal hearing is sacrosanct an it has to be provided to all the affected persons, before passing an order or determining; a right. It cannot be contested that by fixing the price as it is, the petitioner is affected or is likely to be adversely affected. A detailed hearing was necessary so that the petitioner could show and satisfy the Authority that fixation of price at Rs,20 was not profitable.
5. In the circumstances, I accept this Constitutional petition and declare the' impugned notification as well as the letter as having been issued without lawful authority and consequently of no legal effect. It is further declared that it will be open to the respondents to re-fix the price after granting personal hearing to the petitioner and giving the petitioner full opportunity to substantiate its claim. The needful may be done within four weeks, preferably. Parties are left to bear their own costs. Writ issued.