| Citation(s) |
|---|
| 1993 SLG 664 1993 SLD 664 1993 SCMR 948 |
Supreme Court of Pakistan
Civil Petition No.155-K of 1992, decision dated: 13-05-1992(On appeal from the order of Sindh High Court, Karachi, dated 19-2-1992 passed in C.P. No.1770 of 1991)
AJMAL MIAN, SAJJAD ALI SHAH AND SALEEM AKHTAR, JJ
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Civil Petition No.155-K of 1992, decision dated: 13-05-1992(On appeal from the order of Sindh High Court, Karachi, dated 19-2-1992 passed in C.P. No.1770 of 1991)
AJMAL MIAN, SAJJAD ALI SHAH AND SALEEM AKHTAR, JJ
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SINDH INDUSTRIAL TRADING ESTATE LTD.
PROVINCIAL OMBUDSMAN and others
Law:
Section:
Establishment of the Office of Ombudsman for the Province of Sindh Ordinance (V of 1991)--S.2(1)--- Sindh Industrial Trading Estate whether an "Agency" in terms of S.2(1) of Ordinance V of 1991 and thus, subject to the jurisdiction of Ombudsman---"Agency" as defined in S.2(1) of the Ordinance, means a Department, Commission or Office of the Provincial Government or statutory corporation or other institution established or controlled by the Provincial Government ---Sindh Industrial Trading Estate being a nothing more than a department of Provincial Government was carrying on the functions of industrial development and trade and business connected therewith for and on behalf of the Government ---Sindh Industrial Trading Estate, notwithstanding its incorporation was a department of the Government and would fall within the definition of term "Agency"' as defined in S.2(1) of the Ordinance--Ombudsman had, thus, jurisdiction to entertain complaints against the Estate. Central Board of Revenue v. S.I.T.E. PLD 1985 -SC 97 and Sindh Industrial Trading Estate, Ltd. v. Central Board of Revenue and 3 others PLD 1975 Kar. 128 rel. JUDGMENT AJMAL MIAN, J.---This is a petition for leave to appeal against the judgment dated 19-2-1992 passed by a Division Bench of the High Court of Sindh 'in Constitution Petition No.1770 of 1991 filed by the petitioner impugning a notice issued by respondent No.l upon the complaint made by respondent No.4 on the ground that the petitioner was not an Agency in terms of clause 1 of section 2 of the Establishment of the Office of Ombudsman for the Province of Sindh Act, 1991, hereinafter referred to as `Act', dismissing the same on the ground that this Court has already held in the case of Central Board of Revenue v. S.I.T.E. PLD 1985 SC 97 that the petitioner was like a department of the Government. The petitioner has therefore filed the present petition for leave to appeal. 2. In support of the above petition Mr. S. A. Samad Khan, learned A.S.C. for the petitioner has vehemently contended that the learned Judges of the Division Bench have misapplied the above judgment of this Court. In order to appreciate the above contention, it may be…
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