Law: Federal Ombudsmen Institutional Reforms (Amendment) Ordinance, 2013

Section: 14(4)

Law: Protection Against Harassment of Women at Workplace Act, 2010

Section: 8(1),9

Federal Ombudsman Institutional Reforms Act, 2013-- ----S. 14(4)--Protection Against Harassment of Women at Workplace Act, 2010, Ss. 8(1) & 9--Filing of complaint--Allowed--Minor penalty of sensure--Representations before President of Pakistan--Order of ombudsman was set aside--Representation of Respondent No. 1 was dismissed--Writ petition--Disposed of--Delegation of decision making authority--Representations were decided by nominated officer--Role of nominated officer--Decision making powers of President--Challenge to--The views expressed by nominated officer in form of recommendations form part of procedure to process representation before case is sent to President and final decision thereon is taken only by President--In no manner it be stated that nominated officer is deciding representation--The case is then placed before President for decision thereon and power to decide representation resides solely with and is exercised only by President after due application of mind--Role of nominated officer is only to consolidate and simplify record, and prepare case before him so that it can be presented before President for his decision--This in no manner dilutes decision-making powers of President--Even though views of nominated officer is form of recommendations may assist of President is coming to a decision regarding representation however, it is only President who decides representation after conscious application of independent mind on strength of tangible and material evidence, as is required under law--Processing of representation, as provided under Section 14(4) of Act of 2013 and supplemented and explained through Rules, amounts to delegation of decision-making powers of President while deciding a representation--Therefore, impugned judgment, having failed to take into account provisions mentioned above, and premised on ground that representation had been decided by nominated officer, who had processed representation, instead of President, cannot be sustained--Petition allowed. Ref. 2010 SCMR 1475, PLD 1970 SC 173, PLD 1970 SC 158, 2009 PLC (CS) 966, 2007 SCMR 1256. Federal Ombudsman Institutional Reforms Act, 2013-- ----S. 14--Representation--Any…

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