LAHORE: The Lahore High Court (LHC) has ruled that after the introduction of the Oil and Gas Regulatory Authority (Ogra) Ordinance, 2002, a deputy commissioner no longer has the authority to seal business premises or impose penalties.
The court clarified that a district coordination officer or deputy commissioner can only act as an inspection officer if authorized in writing by Ogra.
This decision came in response to a petition filed by Khan Petroleum Service, which challenged the sealing of its petrol pump and a fine of Rs1 million imposed by the deputy commissioner. The court emphasized that the Constitution guarantees fundamental rights, including the right to trade, business, and profession, and protects citizens from the misuse of authority by public officials.
The court noted that in the absence of alternative legal remedies, a writ petition under Article 199 of the Constitution is the appropriate course for challenging orders that violate fundamental rights. It stated that Article 199 empowers the judiciary to protect the rights of individuals against the abuse of power by public officials.
The court found that the deputy commissioner acted beyond their authority by imposing a fine under Rule 44 of the 1971 rules, as the rule does not grant such powers. According to the Pakistan Oil (Refining, Blending, Transportation, Storage, and Marketing) Rules, 2016, the deputy commissioner’s role is limited to submitting reports to Ogra, which is responsible for issuing show-cause notices and deciding penalties.
The court further stated that the law officer failed to provide any written authorization from Ogra delegating the relevant powers to the deputy commissioner. It criticized the manner in which the impugned order was issued, likening it to a summary trial that ignored legal procedures.
The court concluded that the order against Khan Petroleum Service was illegal and without lawful authority. It declared the order void and unenforceable, affirming that the petitioner’s writ petition was valid and fell within the jurisdiction of Article 199 of the Constitution.
