Law:

Section:

(a) Federal Ombudsmen Institutional Reforms Act (XIV of 2013)--- ----Ss. 10, 11, 12 & 15---Banking Companies Ordinance (LVII of 1962), Ss.82-B & 82-E---Constitution of Pakistan, Arts. 10A & 175---Banking Mohtasib (Ombudsman), powers of---Question as to whether an administrative tribunal, such as the Banking Mohtasib, could exercise and be vested with judicial power in determining the rights and obligations of the parties---Perusal of Ss.10, 11, 12 & 15 of the Federal Ombudsmen Institutional Reforms Act, 2013 ("the Act") showed that administrative, arbitral, executive and judicial powers were vested in the Banking Mohtasib ("the Mohtasib") even to the extent of rendering decisions against Banks and also finding their officials to be in contempt and depriving them of their liberty---Furthermore, the Mohtasib under the Act had been granted the power of civil court to implement its orders/decisions and recommendations---Powers of the Banking Mohtasib were unguided by any elaborate procedure to be followed from the stage of receiving the complaint till its termination by final decision---Determination made by the Banking Mohtasib on a complaint filed before him partook the character of a judicial decision---Various complaints filed before the Banking Mohtasib involved facts and disputes which could only be adjudicated by a court in terms of Art.175 of the Constitution and not by a non-judicial authority like Banking Mohtasib---In some instances, the Banking Mohtasib had held the banks to be vicariously liable for the fraudulent actions of ex-employees and awarded damages and in many other cases orders had been passed on matters pertaining to allegations of fraud and forgery---In all such cases the parties were at issue with respect to the material facts which would have required recording of evidence by them---Banking Mohtasib, however, passed orders on all such complaints without recording the evidence of the parties by exercising powers, which were made available to the said office by the Banking Companies Ordinance, 1962 ("the Ordinance") read with the Act---Banking Mohtasib exercised judicial functions without being aided by the Civil Procedure…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492