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

Section: 7,9

Law: Constitution of Pakistan, 1973

Section: 185(3),199

Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (P.O No. 1 of 1983)--- ----Art. 9---Wafaqi Mohtasib, jurisdiction of---Scope---Public sector company (Sui Northern Gas Pipelines Limited)---Matter of recruitment/appointment of a candidate on basis of "Blood Relation Quota"---Complaint filed by candidate before Wafaqi Mohtasib---Maintainability---Appointment and/or recruitment in a public sector company like the Sui Northern Gas Pipelines Limited was an executive function and such function could not be performed by the Wafaqi Mohtasib under Art. 9 of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, which excludes his jurisdiction to entertain a complaint of such nature---In the present case, the Wafaqi Mohtasib did not have the jurisdiction to hear the complaint filed by the respondent-candidate due to his non-selection on basis of "Blood Relation Quota"---Petition for leave to appeal was converted into appeal and allowed accordingly with the direction to the petitioner (Sui Northern Gas Pipelines Limited) to formulate a clear policy for appointment on "Blood Relation Quota" and set down transparent criteria for appointment under the same, and to consider the case of respondent-candidate, as well as the other applicants, as per the newly formulated policy. Peshawar Electric Supply Company Ltd. v. Wafaqi Mohtasib (Ombudsman) Islamabad and others PLD 2016 SC 940 ref. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, J.--- Through this Civil Petition for Leave to Appeal, filed under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, leave has been sought against the judgment dated 18.12 2018 of the learned Lahore High Court, Lahore, whereby Writ Petition bearing No 2360 of 2016, filed by the present Petitioner, was dismissed. 2. The Petitioner filed Writ Petition before the Lahore High Court, Lahore under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 to challenge the orders of the Wafaqi Mohtasib and the President of Pakistan dated 23.10.2013 and 30.03.2015 respectively, whereby recommendations were made to accommodate Respondent No.3 for appointment in the Petitioner…

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