2004 PLP 965 (YLR)

The petitioner has filed this writ petition with the following prayer:-- "It is humbly prayed:

(A) Annexure 'A' commercial bill may be set aside. (B) The respondent may be ordered by this Honourable Court to install the meter. (C) The respondent may be directed to send and charge bills on residential basis and not on commercial basis. "

2. The learned counsel of the petitioner submits that public functionaries are duty bound to act in accordance with law in view of Article 4 of the Constitution read with section 24-A of the General Clauses Act. He further submits that action of the respondents is without lawful authority. He further submits that petitioner being aggrieved submitted various applications before the higher authorities of the respondents who did not decide the same till date. He further urges that it is the duty and obligation of the public functionaries to decide the representation of the citizens without fear, favour and nepotism within reasonable time. The petitioner being aggrieved filed this writ petition.

3. The learned Law Officer submits that the case pertains to WASA. Respondent was directed to file report and parawise comments vide order dated 2-5-2002 and thereafter respondent was directed to file report and parawise comments vide order dated 27-5-2002. Office sent various notices to the respondent but the respondent failed to file report and parawise comments till date.

4. I have given my anxious consideration to the contentions of the learned counsel of parties and perused the record.

5. It is settled proposition of law that it is the duty and obligation of the public functionaries to decide the representation of the citizens without fear, favour and nepotism within reasonable time as is envisaged by Article 4 of the Constitution read with section 24-A of the General Clauses Act as per principle laid down by the Honourable Supreme Court in Messrs Airport Support Service v. The Airport Manager, Karachi Airport 1998 SCMR 2268 and Zain Yar Khan v. The Chief Engineer, Central Region and others 1998 SCMR 2419. It is also settled principle of law that no body should be penalized by the inactions of the public functionaries as per principle laid down by this Court in Ahmad Lateef Qureshi v. Controller of I Examinations PLD 1994 Lahore

3. In this view of the matter, let a copy of this writ petition be sent to M.D., WASA, who is directed to look into the matter personally and pass an appropriate order strictly in accordance with law after providing proper hearing to all the concerned including the petitioner and any other person who would be aggrieved by his order preferably within one month after receiving the order of this Court. Petitioner is directed to appear before M.D., WASA, in his office on 22-9-2003 at 11-00 a.m. who is directed to pass an appropriate order strictly in accordance with law in terms of the aforesaid direction preferably within one month till 22-10-2003 either himself or send the same to the competent authority who is also directed to pass an appropriate order strictly in accordance with law in terms of the aforesaid direction preferably within one month till 22-10-2003. He is further directed to submit his report to the Deputy Registrar (Judicial) of this Court within the stipulated period. M.D., WASA is also directed to give directions to his subordinates that cases are decided against WASA as his subordinates did not file report and parawise comments in obedience of the direction of this Court within time. He is directed to constitute a committee to probe into the matter who is responsible officer/official, who did not file report and paraiwse comments in obedience of the direction of this Court dated 2-5-2002 till date. He is directed to complete this process preferably within three months. In case the committee finds any official/officer responsible not to file report and parawise comments within time, then he is directed to proceed against him under Efficiency and Discipline Rules. He is further directed to submit his report to the Deputy Registrar (Judicial) of this Court within the stipulated period. Mian Muzaffar Hussain, Legal Advisor of L.D.A. is directed to send a copy of the writ petition alongwith this order to the M.D., WASA for necessary action and compliance. Office is also directed to provide a copy of this order to Mian Muzaffar Hussain, Legal Advisor of L.D.A. and Mr. Muhammad Hanif Khatana, Additional Advocate-General, who are directed to send the same to the M.D., WASA for necessary action and compliance. With these observations this writ petition is disposed of. H.B.T./I-220/L Order accordingly.