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

Section: 2(1),9,11

Law: Constitution of Pakistan, 1973

Section: 199

(a) Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (I of 1983)--- ----Arts. 2(1) & 9---Constitution of Pakistan, Art.199---Jurisdiction, functions and power of the federal Ombudsman/Mohtasib---Agency---Companies controlled and owned by Federal Government---Scope---Question before the High Court was whether the Sui Northern Gas Pipelines Limited Company fell within definition of "agency" under the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983---Held, that the Sui Northern Gas Pipelines Limited Company was a company owned and controlled by the Federal Government, therefore it fell within the definition of "agency" under the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 and subject to jurisdiction thereof. The Managing Director, Sui Southern Gas Co. Ltd. v.Saleem Mustafa Shaikh and others PLD 2001 SC 176 rel. (b) Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (I of 1983)--- ----Arts. 9 & 11---Jurisdiction, functions and power of the Federal Ombudsman/Mohtasib---Maladministration---Scope---Action of an official agency if appearing to be unreasonable, unjust oppression and arbitrary shall amount to maladministration falling within ambit of Art.9 of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983. Almas Khanum v. Federation of Pakistan and others 1994 MLD 6 rel. Secretary Wafaqi Mohtasib and 6 others v. Capital Steel Re-Rolling Mills through Partner and 2 others PLD 2012 Lah. 493 distinguished. Khawaja Muhammad Asif v. Federation of Pakistan and others 2013 SCMR 1205; Sui Northern Gas Pipelines Ltd. v. Wafaqi Mohtasib and 3 others 2015 MLD 1029 and Peshawar Electric Supply Company Ltd. v. Wafaqi Mohtasib (Ombudsman) Islamabad and others PLD 2016 SC 940 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD FARRUKH IRFAN KHAN, J.--- Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner has assailed the orders dated 23.10.2013 and 30.3.2015, passed by the Wafaqi Mohtasib (Ombudsman) and the President of Pakistan, respectively whereby recommendations were made to accommodate respondent No.3 for…

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