Law: Establishment of the Office of Ombudsman for the Province of Sindh Act, 1999

Section: 2(2)

Establishment of the Office of Ombudsman for the Province of Sindh Act (I of 1999)--- ----S. 2(2)---Ombudsman, jurisdiction of---Contractual dispute---Petitioner was Board of Secondary Education and had entered into a rental agreement with respondent with regard to use of examination center--- Dispute was with regard to payment of balance amount for which respondent approached the Ombudsman---Complaint was decided in favour of respondent by Ombudsman and same was maintained by the Governor---Validity---Matter called into question determination of purely contractual issue i.e., quantum payable by petitioner to respondent pursuant to a rental contract---Amount of Rs.13,959,954/- was paid in regard to contract in question and amount of Rs. 4,886,631/- was not paid since petitioner did not consider same to be due under the contract---Issue was interpretation of contract and not that of any maladministration ancillary to a contract---High Court set aside orders passed by the Ombudsman and the Governor as assumption of jurisdiction by Ombudsman was erroneous and could not be sustained and same error of jurisdiction was maintained by the Governor's order---Constitutional petition was allowed accordingly. Mst. Zamrad Begum and another v. Muhammad Rafiq Chaudhry and others 2017 CLC 1571; Capital Development Authority v. Raja Muhammad Zaman Khan and another PLD 2007 SC 121; Capital Development Authority and another v. Zahid Iqbal and another PLD 2004 SC 99; Capital Insurance Company Limited v. Securities and Exchange Commission of Pakistan and others 2013 CLD 1075; Izhar Alam Farooqi v. Abdul Sattar Lasi and others 2008 SCMR 240 and Karachi Dock Labour Board v. Messrs Quality Builders Limited PLD 2016 SC 121 ref. THIS JUDGMENT DELIVERED BY: AGHA FAISAL, J.---- The crux of this judgment is the determination of whether a contractual dispute could be entertained, adjudicated and determined by the Provincial Ombudsman Sindh ("Ombudsman"). 2. Mr. Abrar Hassan, learned counsel for the petitioner, inter alia, argued that the Ombudsman had no jurisdiction to entertain a civil dispute of a contractual nature and hence his decision and the decision in review thereupon, rendered by…

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