| Citation(s) |
|---|
| 2016 SLG 2371 2016 SLD 2371 2016 PLD 185 |
Peshawar High Court
Writ Petition No. 1796-P of 2015, decided on 4th December, 2015. Date of hearing; 4th December, 2015.
QAISER RASHEED KHAN AND ROOH-UL-AMIN KHAN, JUSTICE
Abdul Rauf Rohaila for Petitioner. Hafiz Ihsan Ahmad for
Respondents Nos. 1 and 2 and Manzoor Khan Khalil, Deputy Attorney General for
Respondent No. 3.
Writ Petition No. 1796-P of 2015, decided on 4th December, 2015. Date of hearing; 4th December, 2015.
QAISER RASHEED KHAN AND ROOH-UL-AMIN KHAN, JUSTICE
Abdul Rauf Rohaila for Petitioner. Hafiz Ihsan Ahmad for
Respondents Nos. 1 and 2 and Manzoor Khan Khalil, Deputy Attorney General for
Respondent No. 3.
PESHAWAR ELECTRIC SUPPLY EMPLOYMENT COMPANY LTD. THROUGH AUTHORISED OFFICER-
VS
WAFAQI MOHTASIB (OMBUDSMAN) AND 2 others
Law:
Section:
Establishment of Office of the Wafaqi Mohtasib (Ombudsman) Order (I of 1983)--------- ----------Ss. 2(1) & 32---------Federal Ombudsmen Institutional Reforms Act (XIV of 2013), S. 2(a)---------"Agency" as used in S. 2(a) of Federal Ombudsmen Institutional Reforms Act, 2013---------Definition---------Scope---------Petitioner company assailed order passed by Wafaqi Mohtasib, on the ground that it did not fall within the meaning of 'Agency' as defined under S. 2(a) of Federal Ombudsmen Institutional Reforms Act, 2013---------Petitioner instead of availing remedy by preferring representation to the President within 30 days, directly approached High Court---------Validity---------Federal Government through NEPRA exercised over all control over petitioner company so much so that Chief Executive of petitioner company had assumed office after a nod by Federal Government, or worked in his office at the pleasure of Federal Government---------Mere shrugging off shoulders by petitioner company could not take it out of the domain of NEPRA or the overall control and watchful eyes of Federal Government---------Petitioner company squarely fell within the definition of 'Agency' as per S.2(a) of Federal Ombudsmen Institutional Reforms Act, 2013--------- High Court declined to interfere in the order passed by Wafaqi Mohtasib---------Petition was dismissed in circumstances. National Bank of Pakistan Karachi v. Wafaqi Mohtasib (Ombudsman), Karachi and another PLD 1992 Kar. 339; Pakistan International Airlines Corporation Karachi v. Wafaqi Mohtasib and others 1998 SCMR 841; East West Insurance Company Limited v. Wafaqi Mohtasib and 3 others 1999 MLD 3050; Idris Ahmed Rizwani v. Federal Public Service Commission through Secretary, Chughtai Plaza, Blue Area, Islamabad and 3 others 2000 SCMR 1889; Allied Bank of Pakistan Ltd. v. The Wafaqi Mohtasib (Ombudsman) and others PLD 2001 Kar. 203; Aviation Authority v. Wafaqi Mohtasib (Ombudsman) and others PLD 2001 Kar. 304; Pakistan International Airlines Corporation v. Air Master (Pvt) Limited and another PLD 2004 Kar. 77; Ch. Muhammad Yasin v. Wafaqi Mohtasib (Ombudsman) and others 2013 CLC 1441; Khan Iftikhar Hussain Khan of Mandot v.…
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