| Citation(s) |
|---|
| 1994 SLG 4001 1994 SLD 4001 = 1994 PLD 32 |
Sindh High Court
C.P. No.D-1380 of 1992, decided on 25th October, 1993
Presented By: Haziqul Khairi and Ahmed -Yar Khan, J
S. Amjad Hussain and Mehmood Alam, G.M. (Legal) for Petitioner. Mansoor Ahmad Khan for
Respondent No.l. IA. Hashmi, Nasim Ahmed and Kazi Mehfooz Ahmed for
Respondent No.2
C.P. No.D-1380 of 1992, decided on 25th October, 1993
Presented By: Haziqul Khairi and Ahmed -Yar Khan, J
S. Amjad Hussain and Mehmood Alam, G.M. (Legal) for Petitioner. Mansoor Ahmad Khan for
Respondent No.l. IA. Hashmi, Nasim Ahmed and Kazi Mehfooz Ahmed for
Respondent No.2
P.IA. CORPORATION---Petitioner
VERSUS
WAFAQI MOHTASIB (OMBUDSMAN) and 2 others---Respondents
Law:
Section:
(a) Civil Procedure Code (V of 1908)--- Order/decision of Tribunal/Review Board announced orally but not reduced into writing or signed---Validity---Decision/order of Tribunal/Review Board even though announced verbally was free from ambiguity and otherwise ascertainable---Such decision/order must be given effect to as if it was a decision/order in writing duly signed. Somesundran v. Subremanian AIR 1926 PC 136; Firm Gokal Chand Jagan Nath v. Firm Nandramdas Atmaram AIR 1988 PC 292; Evacuee Trust Property Board v. Hameed Elahi PLD 1981 SC 108; Lal Din v. Abdul Waheed PLD 1988 SC 664; Muhammad Aslam Khan v. Government of Pakistan PLD 1983 Kar. 41 and International Cargo Handling Company (Pvt.) Ltd. v. Port Bin Oasim Authority PLD 1992 Kar. 65 ref. (b) Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (1 of 1983) ----Art.9(2)---Bar of jurisdiction of Wafaqi Mohtasib in service matters--Wafaqi Mohtasib was barred to take cognizance of a service matter of a public servant and at the same time public servant was also barred to file a complaint in respect thereof, if in either case it involved investigation into the matter--Wafaqi Mohtasib was not competent to take upon himself function of Executing Court where public servant wanted to get order of High Court and Supreme Court implemented through Wafaqi Mohtasib for such matters were excluded from his jurisdiction and also because such Courts were invested with power to execute their orders and judgments---[Civil service]. PLD 1992 Kar. 339 ref. (c) Establishment of the Office of Wafaqi Mobtasib (Ombudsman) Order (1 of 1983)- ----Art.12---Order/decision of Wafaqi Mohtasib---Defiance of---Remedy- Order/decision of Wafaqi Mohtasib was not simply advisory in nature as in case of defiance thereof, he could refer the matter to President who would in his discretion, direct the concerned agency to implement the recommendation and inform the Mohtasib of compliance of the same. (d) Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (1 of 1983) ----Art.11(1)(a) to (g)---Functions of Wafaqi Mohtasib---Functions of Wafaqi Mohtasib were not confined only to carrying out investigation on a complaint…