2004 PLP 252 (YLR)

Eijaz Ali Hakro for Petitioners. Masood Noorani, Addl. A.-G. Date of hearing: 6th May, 2003. The petitioners who had made over payment of Octroi to the contractor (respondent No.4) made a representation to the District Government Nawabshah (respondent No.3) to refund the excess amount paid by them which claim was admitted but was not paid by respondent No.3. The petitioners were constrained to file a complaint with the Provincial Ombudsman, Sindh who by Order dated 5-8-2000 directed respondent No.3 to pay the claim of the petitioners. The petitioners allege that respondent No.3 filed a representation against the order of the Ombudsman before the Governor of Sindh and that neither respondent No.3 nor the Governor's Secretariat informed the petitioner about the representation filed by respondent No.3. They further alleged that the proceedings were thus conducted ex parte against the petitioners and the Governor without hearing the views of the petitioners allowed the representation by order dated 15-9-2001 and set aside the order passed by the Provincial Ombudsman. Mr. Masood Noorani learned Additional A.-G. conceded that it is a universally established principle of law that nobody should be condemned unheard. From the documents filed, it appears that the petitioners were not given an opportunity of presenting their views before the passing of the order by the Governor. Learned Additional A.-G. states that the Governor of Sindh will now provide an opportunity to the petitioners to submit their comments on the representations made by respondent No.3 and has no objection if the order or the Governor dated 15-9-2001 is set aside for this purpose. In view of the above facts and the statement made by the learned Additional Advocate-General this petition is disposed of in the following terms:-- (1) The order dated 15-9-2001 passed by the Governor of Sindh is hereby set aside. (2) Respondent No.3 shall provide a copy of its representation to the Governor to the petitioners within 60 days. (3) As no personal hearing takes place before the Governor and only written representations submitted are considered by him, the petitioners shall be at liberty to file their written comments/reply to the representation of respondent No.3 within 30 days of receipt of the copy of representation from respondent No. 3. (4) The Governor shall pass according to law a reasoned order on the representation made by respondent No.3 after considering the written submissions made by the petitioners. (5) Both the counsel agree that no personal hearing shall be sought by the petitioners. S.A.K./G-156/K Petition disposed of.