| Case ID |
421a6f69-708b-4dda-9c78-245156603d6e |
| Body |
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| Case Number |
Writ Petition No. 1086 of 2021 |
| Decision Date |
Nov 22, 2022 |
| Hearing Date |
Aug 31, 2022 |
| Decision |
The Islamabad High Court allowed the writ petition filed by Allama Iqbal Open University (AIOU) against the decision of the Ombudsman. The court found that the Ombudsman had erred in not determining whether the complaint against AIOU was time barred and had not properly considered the jurisdictional aspects of the matter. The Ombudsman’s failure to assess the limitation period as required under Article 10(3) of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 rendered the order unsustainable. The court set aside the orders passed against AIOU and remanded the matter back to the Ombudsman for a fresh decision on the review application, allowing the constitutional petition accordingly. |
| Summary |
In the case of Writ Petition No. 1086 of 2021, Allama Iqbal Open University challenged the order of the Ombudsman regarding the withholding of a pension amount from one of its employees, Shahid Jamil, who had acted as a guarantor under a surety bond. The High Court examined the jurisdictional issues surrounding the Ombudsman’s decision, particularly focusing on the necessity for the Ombudsman to assess the timeliness of the complaint as per the statutory requirements. The court emphasized the importance of adhering to legal protocols, especially regarding limitation periods in administrative complaints. The judgment underscored the principle that jurisdictional defects cannot be cured by the consent of the parties and highlighted the need for a thorough review process by the Ombudsman. Ultimately, the court remanded the case back for reconsideration, ensuring that due process was followed, which is vital for maintaining the integrity of administrative justice. This case reaffirms the critical nature of jurisdiction and procedural compliance in administrative law, making it essential for legal practitioners and entities involved in similar disputes to be aware of these requirements. |
| Court |
Islamabad High Court
|
| Entities Involved |
Federation of Pakistan,
Allama Iqbal Open University
|
| Judges |
MIANGUL HASSAN AURANGZEB, J
|
| Lawyers |
Hafiz Arfat Ahmed Chaudhry,
Kashifa Niaz Awan,
Fazal-e-Rabbi D.R. (L) A.I.O.U.
|
| Petitioners |
ALLAMA IQBAL OPEN UNIVERSITY (AIOU) through Registrar
|
| Respondents |
FEDERATION OF PAKISTAN through Director General Legal for President of Pakistan and 2 others
|
| Citations |
2023 SLD 986,
2023 CLC 638
|
| Other Citations |
Executive District Officer, Schools and Literacy v. Qamar Dost Khan 2006 SCMR 1630,
Mansab Ali v. Amir PLD 1971 SC 124,
Muhammad Sadiq v. Pakistan, through Collector, Rawalpindi 1988 CLC 123,
The Bank of Punjab v. Messrs Super Trunk House PLD 2022 Lah. 564,
Muhammad Khan Kurd v. Arbab Muhammad Hashim PLD 2020 Bal. 38,
Nazia Fazal v. Pakistan International Airlines Corporation 2020 PLC 233,
Muhammad Iqbal v. Muhammad Ahmed Ramzani 2014 CLC 1392,
Central Exchange Bank Ltd v. Zaitoon Begum PLD 1968 SC 83,
Mst. Farhat Jabeen v. Muhammad Safdar 2011 SCMR 1073,
Nazir Begum v. Qamarunnissa 1982 CLC 2271,
Capital Development Authority v. Zahid Iqbal PLD 2004 SC 99,
Lal Din Masih v. Sakina Jan 1985 SCMR 1972
|
| Laws Involved |
Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983,
Federal Ombudsmen Institutional Reform Act, 2013,
Constitution of Pakistan, 1973,
Contract Act, 1872,
Civil Procedure Code (V of 1908)
|
| Sections |
10(3),
23(1),
13(1),
199,
128,
1
|