The principle of natural justice enshrined in maxim "audi alteram partem" is always deemed to be embedded in the statute and even if there is no such specific or express provisions,

24. From the above, it can safely be held that there was no need to afford personal hearing before removing the Petitioners for the reason that they had no vested rights to defend. Reliance in this regard can be placed on the case titled Nazir Ahmed Panhwar v. Government of Sindh through Chief Secretary Sindh and others (2009 PLC (C.S.) 161) and Abdul Haq Indhar and others v. Province of Sindh through Secretary, Forest, Fishries and Livestock Department Karachi and 3 others (2000 SCMR 907) wherein the Hon’ble Supreme Court of Pakistan has held as under: 

“The principle of natural justice enshrined in maxim "audi alteram partem" is always deemed to be embedded in the statute and even if there is no such specific or express provisions, it would be deemed to be one of the parts of the State because no adverse action can be taken against a person without providing right of hearing to him. But at the same time this principle cannot be deemed to be of universal nature because before invoking/applying this principle one has to specify that the person against whom action is contemplated to be taken prima facie has a vested right to defend the action and in those cases where the claimant has no basis or entitlement, in his favour he would not be entitled for protection of the principles of natural justice. Principle of "audi alteram partem" is to be read into the relevant provision if the action is to affect any vested right of a person. If this rider is not placed for applying the principle of "audi alteram partem" then in certain cases where the law demands that action must be taken promptly shall defeat the ends of justice and there is very likelihood that the object is required to be achieved by an immediate action shall not be accomplished and in the meanwhile a person who has no vested right shall continue to enjoy the benefits of the deeds without any legal entitlement. It is high time to ensure that transaction between the individuals vis-a-vis the State are just, fair, open, honest and transparent. Therefore, action of individuals which is not honest and based on mala fides may not be allowed to exist merely for the reason that the principle of natural justice was violated.” 

Part of Judgment 

 IN THE LAHORE HIGH COURT,LAHORE

Civil Miscellaneous (Writ)
27212-16

2017 LHC 4283