Law:

Section:

Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (1 of 1983)___ ----Art.32---Zakat (Collection and Refund) Rules, 1981, R.23---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Petitioner invoking jurisdiction of Wafaqi Mohtasib against deduction of Zakat from his account claiming that he was not Sahib-e-Nisab on relevant date when the same was deducted ---Wafaqi Mohtasib decided against petitioner---Petitioner conceded before Court that against impugned order of Wafaqi Mohtasib, he had not moved the President within period of thirty days in terms of Art. 32, Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 and had filed Constitutional petition directly against order of Mohtasib---Petitioner had, thus, not availed efficacious remedy provided under Art.32 of Order 1 of 1983 before coming to High Court, therefore, on that ground alone he was not entitled to Constitutional discretion, if any, of High Court---Forums of Wafaqi Mohtasib having been chosen by petitioner himself, he could not escape effect of legal provisions whereby order of Wafaqi Mohtasib could not be challenged except through representation to President of Pakistan ---Wafaqi Mohtasib being judicial personality at high pedestal, opening of legal front against his order was uncalled for especially when all Executive Authorities were required to act in his aid as provided under Art.3(3) of Order 1 of 1983---Impugned order passed by Wafaqi Mohtasib could not be looked into and analysed in Constitutional petition for want of jurisdiction. Miss Farzana Asar v. Messrs National Investment Trust through Managing Director and 2 others PLD 1991 Kar. 335 and Secretary of State v. Mask & Co. AIR 1940 PC 105 ref. JUDGMENT Abdul Hameed Kausar petitioner was employed in Government service. After his retirement he received commuted pension amounting to Rs.2,42,334 in addition to arrears in the sum of Rs.37,393. He deposited the voucher in respect of the said amount in his P.L.S. Account with Habib Bank Limited, Cantonment Branch, Lahore on 30-1-1993. The lst Ramzan-ul-Mubarik fell on 23-2-1993. An amount of Rs.7,044 was deducted as Zakat…

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