P L D 2001 KARACHI 30




Per S. Ahmed Sarwana, J.
(a) Constitution of Pakistan (1973), Articles 98, 138 & Preamble

On the basis of the above judgments, the duties of the administrative organ of the State and its functionaries may be summarised as follows:—

(i) It is the duty of the State which includes a Department of the Government or a Statutory Corporation to act fairly even while performing an administrative function.

(ii) The functionary must not act in an unfair or arbitrary manner or discriminate one of the parties who contests for the award of a contract.

(iii) In a civilized country and specially in a democratic society a public functionary cannot lay down arbitrary and capricious standards for the choice of persons with whom alone it will deal.

(iv) The discretionary power of the Government/Department in the matter of grant of jobs, contracts, quotas, licences etc. must be based upon rational, relevant, reasonable and non-discriminatory standards and norms.

(v) In case the Government/Department/Statutory Body acts arbitrarily, discriminately, with malice or in an unfair and unreasonable manner, the superior Courts would have the power to interfere, strike down the action and rectify the impropriety unless it is established that the departure from the standard or norm was not arbitrary but was based upon valid reasons acceptable in and by civilized democratic societies. [p. 37, 38] A

(b) Constitution of Pakistan (1973), Article 199

It is established law that administrative actions are subject to judicial review for which no precedent need be cited here. [p. 39] C

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