The brief facts out of which the present writ petition arises are that the petitioner filed a complaint before the Wafaqi Mohtasib Ala, who dismissed the same vide order dated 13-5-2003. The petitioner being aggrieved filed a representation before the Appellate Authority under Article 32 of the President's Order No.I of 1983, which was dismissed by the Appellate Authority vide impugned order dated 3rd January, 2004 without providing proper hearing to the petitioner. The petitioner being aggrieved filed this Constitutional petition.
2. The learned counsel of the petitioner submits that the impugned order was passed by the respondent without providing proper hearing to the petitioner, therefore, same is not sustainable in the eye of law.
3. Mr. Sher Zaman Khan, Deputy Attorney-General for Pakistan on Court's call, he submits that Wafaqi Mohtasib Ala dismissed the complaint of the petitioner with cogent reasons vide order dated 13-5-2003. He further submits that the Appellate Authority also dismissed the same with cogent reasons as the law laid down by the superior Courts in the following judgments:- State Life Insurance Corporation v. Mst. Begum Jan (PLD 1983 SC 421) and Mohsin A. Rehman v.
Messrs Premier Insurance Co. Pakistan Ltd. (PLD 1967 Karachi 204).
He further submits that both the Tribunals below have concurrently decided against the petitioner, therefore, Constitutional petition is not maintainable. He further submits that the Appellate Authority has decided the representation of the petitioner in the administrative capacity, therefore, question of providing proper hearing to the petitioner does not arise.
4. I have given my anxious consideration to the contentions of the learned counsel of the parties and perused the record.
5. The impugned order itself reveals that the same was passed by the competent authority without providing proper hearing to the petitioner and, without issuance of notice to the petitioner, therefore, same is not sustainable in the eye of law. The question of law has already been settled by the Honourable Supreme Court in the following judgments:-- ' Federation of Pakistan v. Muhammad Tariq Pirzada (1999 SCMR 2189); ' Federation of Pakistan v. Muhammad Tariq Pirzada (1999 SCMR 2744); ' Pakistan and others v. Public at Large and others (PLD 1987 SC 304) and ' Pakistan Chrome Mines Ltd. v. Inquiry Officer (1983 SCMR 1208).
It is settled principle of law that judgment of the Honourable Supreme Court is binding on each and every organ of the State by virtue of Articles 189 and 190 of the Constitution. It is settled principle of law - that judgment of the Honourable Supreme Court is binding on each and every organ of the State by virtue of Articles 189 and 190 of the Constitution. I have taken the aforesaid view in various Constitutional petitions, therefore, I am not in a position to deviate from my own view on the well known principle of consistency as the law laid down by the Honourable Supreme Court in Muhammad Muzaffar Khan v. Muhammad Yousaf Khan (PLD 1959 SC 9).
6. In view of what has been discussed above, the impugned order passed by Appellate Authority is not in accordance with dictum laid down by the Honourable Supreme Court, therefore, the same is set aside meaning thereby the representation filed by the petitioner before the Appellate Authority shall be deemed to be pending adjudication. The petitioner is directed to appear before Raja Qamar Sultan, Section Officer, Government of Pakistan, Ministry of Law, Justice and numan Rights, Islamabad, in his office at 11-00 a.m. On 10-2-2004, who is directed to provide proper hearing to all the concerned including the petitioner, representatives of the respondents concerned and any other person who would be aggrieved by his order and thereafter send the same alongwith his recommendations to the competent' authority for necessary action and compliance. Learned counsel of the petitioner is directed to hand over copy of the writ petition alongwith all the annexures to Mr. Sher Zaman Khan, Deputy Attorney-General for Pakistan, who is directed to Raja Qamar Sultan, Section Officer, for necessary action and compliance. Office is also directed to provide copy of this order to Mr. Sher Zaman Khan, Deputy Attorney-General for Pakistan, who is directed to send the same to the Raja Qamar. Sultan, Section Officer for necessary action and compliance.
' With these observations, the writ petition is disposed of.