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

Section: 10(3),23(1)

Law: Federal Ombudsmen Institutional Reform Act, 2013

Section: 13(1)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Contract, Act, 1872

Section: 128

Law: Civil Procedure Code (V of 1908)

Section: 1

(a) Jurisdiction--- ----Assumption of---Principle---Where mandatory condition for exercise of jurisdiction by Court or Tribunal is not fulfilled, assumption of jurisdiction in such a matter is liable to be declared as without lawful authority--- Defect of jurisdiction goes to root of the matter and strikes at the very authority of Court or Tribunal to pass an order and the same cannot be cured by the consent or waiver of parties. Executive District Officer, Schools and Literacy v. Qamar Dost Khan 2006 SCMR 1630; Mansab Ali v. Amir PLD 1971 SC 124 and Muhammad Sadiq v. Pakistan, through Collector, Rawalpindi 1988 CLC 123 rel. (b) Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order (1 of 1983)--- ----Art.10(3)---Federal Ombudsmen Institutional Reforms Act (XIV of 2013), S.13(1)---Constitution of Pakistan, Art. 199---Constitutional petition---Review jurisdiction, exercise of---Limitation---Petitioner University was aggrieved of order passed by Federal Ombudsman in exercise of review jurisdiction which was maintained by appellate authority---Plea raised by petitioner University was that complaint filed by respondent was barred by limitation---Validity---Obligatory on Ombudsman to have first determined whether respondent had filed his complaint within limitation period provided in Art. 10(3) of Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order,1983, regardless of whether or not petitioner University had taken an objection as to the complaint was time barred---Failure on the part of Ombudsman to do so rendered his order in question unsustainable---Ombudsman vide his earlier order closed investigation in complaint filed by respondent, specifically referring to Regln. 23(1)(b) of Wafaqi Mohtasib (Investigation and Disposal of Complaints) Regulations, 2013, which provided that investigation of complaint with approval of Mohtasib, was closed, when it was found that the agency was not at fault, as a particular procedure was to be adopted or formalities were to be followed by the complainant for redressal of his grievances---Respondent filed application for review of such order---Ombudsman in his subsequent order referred to the fact that earlier…

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