Case Details

Citation(s)
2004 SLG 1773 2004 SLD 1773 2004 CLC 565
Sindh High Court
Constitutional Petition No. 1375 of 2002, heard on 21st August, 2003.
SHABBIR AHMED AND GULZAR AHMED, JJ

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Mst. SHAHIDA MAQSOOD

VS

PRESIDENT OF PAKISTAN through Secretary, Law Justice and Human Rights Division and another

Law:

Section:

Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000)-------S. 32---Constitution of Pakistan (1973), Art. 199---Order of President passed in appeal filed against order of Federal Tax Ombudsman--­Constitutional petition against such order before Sindh High Court--­Maintainability---Complaint filed by petitioner at "R" had been examined by, Federal Tax Ombudsman in "I" ---Representation had been made at Rawalpindi ---Cause of action or part thereof, thus, had not accrued within jurisdiction of Sindh High Court---Jurisdiction of High Court to issue direction was confined to persons performing functions in connection with affairs of Federal or Provincial or local authority within the territorial jurisdiction of the Court---High Court dismissed Constitutional petition for want of territorial jurisdiction. Sabiruddin v. Government of Pakistan 1997 SCMR 555 and Abdul Ghaffar Lakhani v. Federal Government of Pakistan PLD 1986 Kar. 525 rel. Kunwar Mukhtar Ahmed for Petitioner Nadeem Azhar Siddiqui, Dy. A.-G. Date of hearing; 21st August, 2003. ORDER The petitioner seeks direction to the respondents to provide the copy of order of President within the period specified or pass any order as may be deemed in the circumstances of the case. The petitioner is the informant, as such, a claimant of reward in terms of Reward Rules, dated 25-11-1984. The facts are that the petitioner submitted a complaint to the Collector, Sales Tax and Central Excise, Rawalpindi disclosing the evasion of Sales Tax. The matter was examined by the Federal Tax Ombudsman and a direction was given to the Department regarding evasion but no reward was recommended to the petitioner. The petitioner submitted the appeal before the President in terms of Article 32 of the Tax Ombudsman Order (Annexure "D"). The petitioner was communicated with the result on the representation against the order of the Federal Tax Ombudsman through letter, dated 17-10-2001 of Government of Pakistan, Law, Justice and Human Rights Division No.5/2001 Rep (FTO) Law. The communication reads as follows:--- "Sub: Representation against the decision of the Wafaqi Mohtasib in Complaint No.C-84/K of 2001. Madam, I…
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