Initiation of inquiry

2018 PLC(CS)N 148 HIGH-COURT-AZAD-KASHMIR Judicial Precedent

Allegation of embezzlementInitiation of inquiryOpportunity of hearingScope

Contention of employee was that impugned notification for initiation of inquiry was issued without providing any opportunity of hearing

Validity

No inquiry or investigation could be stopped by invoking extraordinary jurisdiction of High Court

Final order had not been passed against the employee

Employee would have opportunity to put forth his version before the concerned authorities

Employee was not entitled to invoke jurisdiction of High Court in presence of alternate remedy

Opportunity of hearing was to be provided when any adverse order was passed against a person

In the present case it had been notified that proceedings be initiated against the employee

Competent authority could pass such order upon complaint or in presence of sufficient material

Writ petition was dismissed in circumstances.

2016 CLD 1688 ISLAMABAD Judicial Precedent

S. 37Enquiry and studyInitiation of inquiry

Competition Commission had issued notices pursuant to consumer's complaint through the National Accountability Bureau, alleging that the Poultry Feed Mill owners had formed cartels and were purchasing ingredients at a low price

Validity

Complaint contained vague and indefinite information

Impugned notices referred to mere concerns raised before the Commission to the effect that despite a decrease in price of poultry feed inputs, the price of feed had consistently been increasing

Said allegations were vague and devoid of sufficient facts, nor any prima facie evidence had been disclosed requiring initiation of an inquiry relating to the prohibitions mentioned in Chapter II of the Act

Impugned notice, at best, could be treated as forming basis for initiating a study, rather than an inquiry under S. 37 of the Act

Nothing had been placed on record to justify initiating an inquiry

Commission had acted in mechanical manner

Impugned notices and complaint were in the nature of roving inquiry

Impugned notices might be treated as forming basis of conducting a study under S. 37 of the Act

If the Commission, after concluding the study, was of the opinion that there were sufficient facts and the complaint was substantiated by prima facie evidence alleging contraventions of the provisions of Chapter II of the Act, then the Commission might issue notices to the petitioners regarding the initiation of inquiry and the sufficient facts or prima facie evidence on the basis of which the opinion was formed would also be disclosed therein

Impugned notices were, therefore, declared as not having been issued under S. 37(1) or S.37(2) of the Act

Notices in question were directed to be treated as forming the basis of conducting a study under S. 37 of the Act

Constitutional petition was allowed accordingly.