Case Details

Citation(s)
2026 SLG 2528 2026 SLD 2528
Islamabad High Court
Writ-Petition No. 1318 of 2017
Presented By: ARBAB MUHAMMAD TAHIR
Raja Kamran Khan Versus Ministry of Railways etc. =====

Petitioner By:   Raja Aamir Azad Advocate. Respondents By:  Mr.    Khalid           Mehmood     Dhoon,          AA-G,                M.D. Shahzad, Ameen Feroz Advocates for respondent-Pakistan Railways, M. Imran SHO & Shahbaz Bokhari SI-FIA: Date of Hearing:  13.06.2023: __________________________________________________________

Law:

Section:

JUDGMENT-SHEET ARBAB MUHAMMAD TAHIR, J: Through the instant writ petition, petitioner namely Raja Kamran Khan impugns order dated 04.01.2017, passed by the President, Islamic Republic of Pakistan („respondent No.2‟) whereby representation in terms of Article 12 of the Establishment of the Office of Wafaqi Mohtasib („Ombudsman‟) Order, 1983 (Order, 1983), filed by the Ministry of Railways („respondent-department‟) was allowed in following terms:- “3. The Agency has assailed the said decision of the Wafaqi Mohtasib reiterating its stance pleaded earlier. It is an admitted fact that the grievance of the complainant pertains to a matter which is inextricably linked to his service in the Agency. Such issues have categorically been excluded from the jurisdiction of the Mohtasib under Article 2 of the P.O. No.1 of 1983. The higher judiciary has consistently endorsed this statutory ex-position. Reliance in this regard is placed on the Supreme Court of Pakistan‟s judgment cited as 2007 SCMR 1313; its judgment in Civil Petition No. 2007/2016 and Islamabad High Court‟s decision in Writ Petition No. 1156/2015. Even otherwise, the allegation of tempering of recruitment record involves controversy of disputed facts which could only be settled through the examination of documentary evidence/witnesses by the court of competent jurisdiction. In such circumstances, the impugned original findings dated 15.04.2015 as well as revised findings dated 17.11.2015 of the Wafaqi Mohtasib have been passed without jurisdiction and as such are liable to be dismissed. the Honorable President of Pakistan has been pleased to accept the representation of the Agency for the reasons stated above. The complainant, if so desires, may approach the relevant judicial forum for redresssal of his grievances.”   Tersely, facts, relevant and essential for adjudication of instant writ petition are that the petitioner applied for a class-IV post as Naib Qasid in the respondent-department in the year 2009 in response to an advertisement dated 14.03.2009  and vide minutes of the meeting dated 06.07.2009, his name was placed at Serial No.(ii) of the waiting…
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