Dr. AZIZ UR REHMAN vs FEDERATION OF PAKISTAN through Secretary Cabinet Ss — 2024 PLD 53 ISLAMABAD

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Dr. AZIZ UR REHMAN VS FEDERATION OF PAKISTAN through Secretary Cabinet Ss. 12 & 17 (6)---Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (I of 1983), Ss.2(2) & 9---Constitution of Pakistan, Art. 199---Constitutional jurisdiction of High Court---Abdication of powers---Maladministration---Inquiry, initiation of---Proceedings against delinquent officials---No penalty was imposed by authorities under Pakistan Environmental Protection Act, 1997, against officials of Capital Development Authority who commenced the project prior to approval of Environment Impact Assessment---Effect---Abdication of powers by Pakistan Environmental Protection Agency by not submitting any complaint against delinquent officials of CDA and/or the contractor to Environment Tribunal could not operate as a fetter on the Constitutional jurisdiction of High Court in taking notice of such contravention---Maladministration, under S. 2(2) of Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, included a decision, process, recommendation, act of omission or commission which was contrary to law, rules or regulations or was a departure from established practice or procedure, unless it was bona fide---Continuation of construction activity by CDA and/or the contractor without having obtained an approval of the EIA was a clear violation of S. 12 of Pakistan Environmental Protection Act, 1997---Construction activity continued despite issuance of show cause notice by Pakistan Environmental Protection Agency (PEPA); the continuation of such activity could not be termed as bona fide---PEPA had adequately put CDA to notice that the continuation of construction activity was a contravention of S. 12 of Pakistan Environmental Protection Act,1997---Wafaqi Mohtasib was empowered under S. 9 of Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, to undertake any investigation into any allegation of maladministration on the part of any Agency or any of its officers or employees on a motion of High Court made during the course of any proceedings before it---"Agency" was defined in S. 2(1) of Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, which included a statutory body like CDA---High Court instead of shutting it's eyes to such brazen violation by CDA of the mandatory requirements of S. 12 of Pakistan Environmental Protection Act, 1997, referred such maladministration committed by the officials of CDA to Wafaqi Mohtasib for investigation and proceeding in accordance with the law.

Dr. AZIZ UR REHMAN vs FEDERATION OF PAKISTAN through Secretary Cabinet Ss — 2024 PLD 53 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2024 PLD