Law:

Section:

(a) Establishment of the Office of Wafaqi Mobtasib (Ombudsman) Order (1 of 1983)---Art. 9---Constitution of Pakistan (1973), Arts. 185(3) & 199---Employee of nationalized Bank which was privatized later on---Dismissal from service---Respondent after 11 years of his dismissal from service approached Review Board, which recommended his reinstatement in service---Bank did not implement the recommendations---Respondent approached Wafaqi Mohtasib, who affirmed said recommendations---Review petition filed by Bank was dismissed by Wafaqi Mohtasib---Bank filed Constitutional petition before the Sindh High Court challenging the validity of order of Wafaqi Mohtasib for want of jurisdiction---Respondent being contesting party in said Constitutional petition without disclosing pendency thereof, filed Constitutional petition before Peshawar High Court for implementation of recommendations of Review Board, which was allowed ---Contention-of Bank was that Constitutional jurisdiction of Peshawar High Court could not be invoked during pendency of Constitutional petition tiled by Bank before Sindh High Court; Review Board had no jurisdiction to entertain the application of respondent, who was neither dismissed under Martial Law Regulation nor on political grounds nor Review Board had found his dismissal on account of political victimization; Wafaqi Mohtasib though not having jurisdiction in the matter, had admitted that Bank had been privatized and had yet passed order of his reinstatement with all back benefits; such order could not be passed and, ordered to be implemented in exercise of Constitutional jurisdiction; and that order of dismissal from service could not be interfered with by invoking Constitutional jurisdiction after two decades---Supreme Court granted leave to appeal to examine said contentions. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of different High Courts cannot be approached on the same subject-matter seeking the same relief either on the same grounds or on different grounds. (c) Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (I of 1983)--- ----Art. 9---Jurisdiction of Wafaqi Mohtasib---Matters…

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