Law:

Section:

(a) Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order (1 of 1983)--- ----Art. 32---Constitution of Pakistan (1973), Arts. 4 & 25---Contractual obligation---Complaint before Wafaqi Mohtasib for refund of security and escalation claim---Review of order passed by Wafaqi Mohtasib---Scope---Respondent-Contractor entered into a contact with petitioner (Capital Development Authority) for construction of flats which was rescinded by the latter on ground that the former had failed to execute contract within prescribed time---Petitioner-authority forfeited security amount deposited by respondent---Respondent filed complaint before Wafaqi Mohtasib for refund of security deposit and also for escalation claim---Wafaqi Mohtasib while partly accepting complaint on 7-9-1988 asked petitioner to consider respondent's claim as to refund of security claim but rejected prayer for escalation claim---Petitioner filed review petition against this finding before Wafaqi Mohtasib on 31-10-1988 which was dismissed---Second review petition filed by respondent was,- however, accepted by Wafaqi Mohtasib on 14-9-1994 and escalation claim was granted to respondent---Upon turning down of petitioner's representation by President of Pakistan, Wafaqi Mohtasib directed petitioner-Authority to implement his order dated 14-9-1994---Legality of order dated 14-9-1994 was assailed in Constitutional petition filed by petitioner before High Court, which was dismissed on technical ground as neither President of Pakistan nor Federation had been impleaded as party in the same---Petitioner called in question the finding of High Court on grounds; that High Court failed to appreciate questions of law agitated before it; that escalation claim of respondent had been rejected by Wafaqi Mohtasib which could not be granted subsequently as Wafaqi Mohtasib had no jurisdiction to entertain any review of the review; that Wafaqi Mohtasib had no jurisdiction to review his order as no such jurisdiction had been conferred upon him under Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order, 1983; that review order dated 14-9-1994 was void order and that no decision of the President was available on…

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