Law: Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order (I of 1983)

Section: 32,29,31(3),38

(a) Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (P.O. 1 of 19831--- ----Art. 9(2)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Order of Wafaqi Mohtasib---Jurisdiction of High Court to review the order---Scope---Where there is lack of jurisdiction on the part of Wafaqi Mohtasib, High Court can exercise its jurisdiction to review such order. International Cargo Handling Company (Pvt.) Ltd. v. Port Kassim Authority through Secretary, Bin Kassim Authority PLD 1992 Kar.65 and International Airlines Corporation v. Wafaqi Mohtasib and others 1998 (b) Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (P.O. 1 of 1983)--- ----Art. 9(2)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Civil service---Jurisdiction of Wafaqi Mohtasib---Dispute was with regard to pensionary benefits which had arisen as a matter of service--­Complaint was filed against the Authority by the petitioner who was widow of the deceased employee of the Authority ---Wafaqi Mohtasib allowed the complaint and the representation before the President was rejected--­Validity---Wafaqi Mohtasib (Ombudsman), in view of the embargo under the provisions of Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 did not enjoy any power to accept, investigate and adjudicate upon the matter involved in such complaint---Order passed by Wafaqi Mohtashib was set aside---High Court advised the petitioner that she might get her grievance redressed by the Authority or Tribunal in accordance with law---Petition was allowed in circumstances. Almas Khanum v. Federation of Pakistan and others 1994 MLD 6; Malik Azam Jan v. Habib Bank Ltd., Karachi and 3 others 1995 CLC 234 and Fazalul Qadir Chaudhry v. Muhammad Abdul Haq PLD 1963 SC 486 ref. (c) Pakistan Civil Aviation Authority Ordinance (XXX of 1982)--- ----S. 5---Employees of Civil Aviation Authority---Such employees were not related to defence of Pakistan---Function of the Authority did not relate to the defence of Pakistan or the Military, Naval or Air Force of the country--­Provisions of Pakistan Army Act, 1952, as well as similar statute relating to Naval and Air Force…

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