Law: Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order (I of 1983)

Section: 9,32

Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (I of 1983)--- ---Arts. 9 & 32---Appointments in Pakistan International Airline Corporation---Jurisdiction of Mohtasib, exercise of---Scope---Candidate for appointment filed complaint before the Mohtasib which was dismissed but the President accepted the representation against the said order---Validity---Ombudsman could exercise jurisdiction only if any allegation of "maladministration" was levelled---Complaint of the candidate, therefore, should have been rejected on this score alone---President issued direction to the Airline to accommodate the complainant in the next available training---Decision on representation to the President was not based on the finding of "maladministration"---Action called into question by way of filing complaint was an "executive function" which fell out of the domain of Ombudsman---When Ombudsman had no jurisdiction to entertain the complaint, the President was not vested with any authority to issue direction to accommodate the candidate---Impugned order passed by the President was set aside---Constitutional petition was allowed in circumstances. Peshawar Electric Supply Company Ltd. v. Wafaqi Mohtasib (Ombudsman), Islamabad and others PLD 2016 SC 940 rel. THIS JUDGMENT DELIVERED BY: SHAUKAT AZIZ SIDDIQUI, J.--- Petitioner, PIAC invoked the constitutional jurisdiction of this Court by way of filing instant petition with the following prayer:--- "It is therefore, respectfully requested that this writ may please be allowed and the impugned order dated 28.09.2012 may graciously be declared to be illegal, void and of no legal consequence and my please be set aside. It is further requested that meanwhile the operation of the impugned order dated 28.09.2012 may please be suspended in the interest of justice." AND presented the facts as under:-- 2. That Respondent No.2 applied for the post of Management Trainee Officer in Pay Group-V on the basis of Punjab domicile as per newspaper advertisements which appeared in different national dailies on behalf of petitioner Corporation. That the prescribed qualification for the said posts were MBA or equivalent with minimum GPA…

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