Law:

Section:

Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order (P.O.I of 1983)-------Arts. 9 & 32---Constitution of Pakistan (1973), Art.185(3)---Filing of representation against order of Wafaqi Mohtasib (Ombudsman)---Grievance of respondent in his constitutional petition before the High Court was that order passed by Ombudsman in complaint filed by him was set aside on representation filed by petitioner Agency before President of Pakistan without hearing respondent and that even written reply of respondent was not called before passing an order adverse to his interest and that he was condemned unheard---High Court setting aside order by virtue of which representation was accepted, directed concerned Section Officer for providing an opportunity of hearing to the respondent before disposal of representation of petitioner Agency---Validity---Before deciding a representation against recommendation of Wafaqi Mohtasib, valid and justiciable reasons must be given for arriving at conclusion contrary to recommendations of Wafaqi Mohtasib---As per Scheme of law in a representation to President against order of Ombudsman, it was not possible for the President to provide personal hearing to parties in such representation---Inviting comments/written arguments in reply to representation by concerned quarters would be considered sufficient compliance of law---Direction of High Court for providing hearing to respondent by Section Officer was beyond scope of Art.32 of Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 as a Section Officer could not act as agent of President under said Article---Petition for leave to appeal was converted into appeal by Supreme Court and was disposed of with modification in impugned that representation of petitioner Agency would be deemed to be pending which would be decided after written reply of respondent and considering same in accordance with law. Federation of Pakistan through Secretary Establishment Division v. Muhammad Tariq Pirzada 1999 SCMR 2744 ref. Ms. Naheeda Mahboob Elahi, D.A.-G. for Petitioner. Mirza Manzoor Ahmed, Advocate Supreme Court for Respondents. Jameel Ahmed Hashmi, Advisor for Department. Date of…

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