Case Details

Citation(s)
1995 SLG 930 1995 SLD 930 1995 CLC 234
Lahore High Court
Writ Petition No. 1087 of 1993, decision dated: 10-11-1994
GUL ZARIN KIANI, J
Tanvir Bashir Ansari for Petitioner. Rai Muhammad Nawaz Kharal for
Respondent No. 1. Mansoor Ahmad, Standing Counsel Federal Government for
Respondents Nos. 2 to 4

Malik AZAM JAN-

VS

HABIB BANK LIMITED, Karachi High Court and 3 others

Law:

Section:

(a) Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (1 of 1983)-------Arts. 9 & 32---Constitution of Pakistan (1973), Art. 199---Order of Ombudsman reviewing order of his predecessor dismissing petitioner's complaint against respondent---Representation to President against order of Ombudsman was rejected---Jurisdiction---In case of mala fide, void or coram non judice order, remedy in judicial review was available for correction of error, however, high the functionary who made the order may be ---Wafaqi Mohtasib (Ombudsman) and President were not exception to judicial review when order passed by them suffered from mala fides or it was void or coram non judice.---[Mala fides]. (b) Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (1 of 1983)--- ----Art. 9---Constitution of Pakistan (1973), Art. 199---Recalling earlier order by Ombudsman---Legality---Former Ombudsman on petitioner's complaint against respondent had not finally determined quantum of compensation allowable to petitioner for alleged maladministration by respondent--­Successor Ombudsman found that matter being sub judice in Court recalled the order recorded by his predecessor for Art.9, Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, was a bar for exercise of jurisdiction to investigate by Ombudsman while such matter was pending adjudication in Court---Ombudsman's decision rejecting petitioner's complaint for want of jurisdiction, matter being sub judice before a Court of law, was unexceptionable in circumstances. (c) Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (1 of 1983)--- ----Art. 32---Constitution of Pakistan (1973), Art. 199---Rejection of representation by President against order of Ombudsman---President was empowered to pass such orders on representation as he deemed fit---Right of hearing by President before making any order was not implicit in Art. 32 of President's Order 1 of 1983, nor was President required to give detailed reasons in support of his order---Presumption, however, would be that President had applied his mind to the matter before disposing the same--­Court in exercise of its extraordinary…
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