Law:

Section:

Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (1 of 1983)-------Arts. 9 & 32---Constitution of Pakistan (1973), Art.199---Constitutional petition---Representation to President of Pakistan against recommendation of Wafaqi Mohtasib---Request of petitioner to appoint him on post of his choice having been rejected by respondent Authority petitioner approached Wafaqi Mohtasib for seeking redress of his grievance ---Wafaqi Mohtasib after thorough examination of petitioner's complaint, recommended that petitioner was entitled to be considered for appointment on post of his choice---Authority preferred representation before President of Pakistan against recommendation of Wafaqi Mohtasib and President by a non-speaking order accepted representation of Wafaqi Mohtasib---Validity---Order passed by President did not give any indication that President had applied his conscious judicial mind to the facts of case---Tone, tenor and text of order passed by President showed that it ran counter to manifest intent behind enactment of Art.32 of Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order, 1983---Intention of Legislature was not that representation filed before President of Pakistan which involved valuable rights of parties to litigation should be disposed of by President in a summary manner or should be brushed aside and disposed of by just writing two lines and that, too, in absence of party affected thereby---Order passed by President should be a speaking order containing reasons in its support and exhibiting application of conscious judicial mind by the President ---Non-­speaking order passed by the President without application of conscious judicial mind, could not be allowed to hold field so as to obliterate precious right of petitioner. JUDGMENT The facts giving rise to the instant Constitution petition are that the petitioner joined Provincial Civil Service as Tehsildar in 1979. He was appointed subsequently as a Magistrate in 1983 and was awarded 1st Class Power in 1990. His present assignment is that of Assistant Commissioner, Gujjar Khan, District Rawalpindi. The petitioner has undergone the training course for getting a place in…

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