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

Section: 9,10(3)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (1 of 1983)--Arts.9 & 10(3) Constitution of Pakistan (1973), Art. 199 Constitutional petition Complaint before Wafaqi Mohtasib Limitation Complainant, after availing loan facility from the Bank, suffered loss due to flood in September, 1988 Complainant on 3-11-1991 filed complaint before Wafaqi Mohtasib for direction to the Bank to make good the losses suffered by him on account of food, over which Wafaqi Mohtasib made certain recommendations to the Bank Contention of Bank was that complaint was grossly time barred Validity Complaint under Art. 10(3) of Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, could be filed within three months from the day on which aggrieved person first had notice of the matter alleged in complaint Complainant's factory was hit by flood in the year 1988, but he had neither approached any forum nor filed complaint before Wafaqi Mohtasib within prescribed period Only exception to bar of. limitation was contained in last portion of Art. 10(3) of Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 Complaint filed after three years was clearly time barred, which could not be entertained by Wafaqi Mohtasib, particularly when no "special circumstances" for entertaining the same after period of limitation had been mentioned in the impugned order Essential ingredients for entertaining complaint after period of limitation were clearly absent from the impugned order, 'thus, same having been passed in excess of jurisdiction conferred upon Wafaqi Mohtasib could be interfered with in exercise of Constitutional jurisdiction by the High Court High Court accepted Constitutional petition and set aside the impugned order. (b) Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (I of 1983) Art.9(1)(a) Constitution of Pakistan (1973), Art.199 ¬Constitutional petition Decision of complaint by Wafaqi Mohtasib during pendency of suit between the parties ¬Validity Wafaqi Mohtasib had decided complaint in January, 1993; whereas Bank had filed suit against complainant in September, 1992 Subject matter of complaint was, thus, sub judice…

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