Law:

Section:

Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (I of 1983)--- ----Art. 19---Law Reforms Ordinance (XII of 1972), S. 3-Infra-court appeal---Wafagi Mohtasib---Delegation of power---Scope---Dispute was with regard to passing of orders by consultants especially when office of Wafaqi Mohtasib was vacant---Validity---Delegatee under Art.19 of Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, had no independent right to do any act on behalf of Wafaqi Mohtasib---Authorized/delegate could investigate and probe into complaint but he/she had to submit his recommendations to Wafaqi Mohtasib for appropriate orders---Wafaqi Mohtasib was the only person under Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, who could pass recommendations and consultants/ authorized officer could only investigate and probe the matter and to submit his report or recommendations to Wafaqi Mohtasib, delegate thus had no independent powers to issue any recommendations---Reason for not delegating powers to consultants/authorized officers to recommend directly, as Wafaqi Mohtasib was under oath under Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, whereas consultant was only the appointee of Wafaqi Mohtasib and was not under oath---Oath of Ombudsman read with Art.19 of Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, showed that Wafaqi Mohtasib had no authority to delegate his. powers to pass .any final recommendation, hence if the Principal (Ombudsman) was unable to delegate his powers, his agent could not claim that he had the powers to act as Ombudsman-Judgment passed by Single Judge of High Court was set aside to the extent of initiating of inquiry against ' consultants who had passed recommendations in absence of Wafaqi Mohtasib---Intra-court appeal was allowed accordingly. Reference No.2 of 2005 (PLD 2005 SC 873); Karim Bakhsh v. Mst. Mubarik Jan PLD 1970 Pesh. 169; Jodhey and others v. State through Ram Sahai 1952 Cri.LJ All.H.C. 1282; Philips Electrical Industries of Pakistan I_ d. v. Pakistan and others 2000 YLR 2724; Messrs Shaheen Air International Ltd. (SAI) and others v. Messrs…

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