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

Section: 9 & 12

Law: Constitution of Pakistan 1973

Section: 9, 18, 25, and 27

Tagline

Fraud and forgery in public recruitment processes vitiate administrative actions; the Wafaqi Mohtasib retains jurisdiction to redress maladministration involving tampered official records, and candidates remaining on a waiting list possess a legitimate expectation for appointment against unfilled vacancies.
Summary

1. Background & Grievance

The petitioner, Raja Kamran Khan, applied for a Class-IV post (Naib Qasid) in the Ministry of Railways (respondent-department) in 2009. He was placed at Serial No. (ii) on the waiting list, while another candidate (Aftab Khan) was placed at Serial No. (i). After Aftab Khan secured employment in another department, the petitioner was left as the sole candidate on the waiting list. Instead of appointing him, the department appointed another individual (Muhammad Pervaiz) by allegedly committing forgery and altering the minutes of the selection committee meeting to push the petitioner down to Serial No. (iii).

2. Proceedings before the Wafaqi Mohtasib and President

The petitioner's father (a retired employee of the department) filed a complaint before the Wafaqi Mohtasib alleging maladministration and forgery. The Ombudsman accepted the complaint, recommending an inquiry into the forgery and directing the petitioner's appointment. The department's review petition was dismissed by the Ombudsman.