| Citation(s) |
|---|
| 1993 SLG 1267 1993 SLD 1267 1993 PLC 345 |
Sindh High Court
Const. Petition No. D-703 of 1988, decided on 31st August, 1992.
MUKHTAR AHMED, JUNEJO AND MUHAMMAD ASLAM ARAIN, JJ
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Const. Petition No. D-703 of 1988, decided on 31st August, 1992.
MUKHTAR AHMED, JUNEJO AND MUHAMMAD ASLAM ARAIN, JJ
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MUHAMMAD ASLAM KHAN
VS
GOVERNMENT OF PAKISTAN through Secretary, Ministry of Health, Special Education and Social Welfare, Islamabad and 2 others
Law:
Section:
(a) Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (I of 1983).-- ----Art. 11---Wafaqi Mohtasib recommending termination of services of a public servant---Validity---Wafaqi Mohtasib's jurisdiction ---Extent---Wafaqi Mohtasib after having considered a matter and after having formed an opinion that matter considered amounted to maladministration, could move concerned agency, while communicating his findings, for taking disciplinary action against any public servant of that agency under relevant laws applicable to him; but he could not recommend that appointment of a public servant be terminated after observing usual formalities under relevant rules---Wafaqi, Mohtasib's impugned order was thus not valid. Government of West Pakistan and another v. Begum Agha Abdul Karim Shorish Kashmiri PLD 1969 SC 14; Ch. Ghulam Mujtaba v. Chief Settlement Commissioner Lahore and others 1985 SCMR 57; The Federation of Pakistan v. Saeed Ahmed Khan and others PLD 1974 SC 151; Nagina Silk Mill, Lyallpur v. Income Tax Officer, A Ward, Lyallpur and another PLD 1963 SC 322; National Bank of Pakistan, Karachi v. Wafaqi Mohtasib (Ombudsman), Karachi and another PLD 1992 Kar. 339 and International Cargo Handling Company (Pvt.) Ltd. v. Port Bin Qasim Authority PLD 1992 Kar. 65 ref. (b) Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (I of 1983)--- ----Art. 29---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction---Bar of ---8xtent---Barring provisions contained in Art. 29, Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, would apply, where Wafaqi Mohtasib's order was within the four corners of law defining his jurisdiction---Where there was any lack of jurisdiction, provisions contained in Art. 199 of the Constitution would be attracted. International Cargo Handling Company (Pvt.) Limited PLD 1992 Kar. 65; National Bank of Pakistan, Karachi v. Wafaqi Mohtasib (Ombudsmen), Karachi and another PLD 1992 Kar. 339; Government of West Pakistan and another v. Begum Agha Abdul Karim Shorish Kashmiri PLD 1969 SC 14 and Federation of Pakistan v. Saeed Ahmad Khan and others PLD 1974 SC 151 rel. (c) Constitution of Pakistan…
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