TELENOR PAKISTAN (PVT.) LIMITED vs PAKISTAN TELECOMMUNICATION AUTHORITY S

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TELENOR PAKISTAN (PVT.) LIMITED VS PAKISTAN TELECOMMUNICATION AUTHORITY S. 24-a---azad Jammu and Kashmir Interim Constitution act (VIII of 1974), art. 19---azad Jammu and Kashmir Council adaptation of Pakistan Telecommunication (Re-Organization) act (I of 2005), S.23---Pakistan Telecommunication (Re-Organization) act, 1996, Ss.4 (1) (c), 6(f), 21 (4) (a) & 7---Telecom Consumers Protection Regulations, 2009, Regln. 5(1), 5(2), 7(2) & 19---Order to be passed with reasoning---Fair trial---Scope---Illegal disruption/interruption in providing telecommunication services---Scope---Protection of the interests of the consumers by the Pakistan telecommunication authority---Scope---Force majeure---Scope---abrupt service breakdown was allegedly caused by the mobile /cellular /telecommunication providing company ('licensee')---Pakistan Telecommunication authority ('PTa') imposed penalty upon the mobile company/licensee for the illegal disruption /interruption in providing services causing loss to the consumers---appellant/licensee contended that abrupt breakdown was actually outcome of unwarranted actions (interfering with telecommunication equipments etc.) on the part of the Tax authorities , whereas appellant/licensee had adopted legal recourse to challenge tax demands raised by the very Tax authorities under purported discharge of their official duties, therefore, breakdown was beyond the appellant's reasonable control---Validity---Each and every order was required to be commanded with rational and reasoning as envisaged under S.24-a of the General Clauses act, 1897, particularly where it carried penal consequences---Such like order must adonize itself with fairness and solid grounds, in order to qualify the test of fairness embedded in the fundamental guaranteed right i.e. right to fair trial---Irrespective of factum of tax liabilities of the appellant and regardless of the consequences of a breakdown, it was a stark fact oozing from record that appellant could not be blamed for the break down---In view of S.24-a of the General Clauses act, 1897 read with Fundamental Right of fair trial, it was incumbent upon the authority to adjudicate the matter fairly and in judicious manner---High Court set-aside penalty imposed by the authority (Pakistan Telecommunication authority)---appeal filed by the mobile company (licensee) was allowed, in circumstances.

TELENOR PAKISTAN (PVT.) LIMITED vs PAKISTAN TELECOMMUNICATION AUTHORITY S — 2024 CLC 37 HIGH-COURT-AZAD-KASHMIR

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