| Case ID |
f6ef818b-9cd4-437e-bb9c-1cf05f1a545f |
| Body |
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| Case Number |
D-504 of 1998 |
| Decision Date |
Oct 24, 2000 |
| Hearing Date |
Oct 24, 2000 |
| Decision |
The Sindh High Court ruled that the Wafaqi Mohtasib lacked the jurisdiction to entertain the complaints regarding pensionary benefits from the Civil Aviation Authority employees, as these complaints stemmed from their service. The court found that the order passed by Wafaqi Mohtasib was set aside because it did not have the authority to investigate such matters. The petition was allowed, permitting the respondents to seek redress from the Authority or Tribunal as per the law. This decision emphasized the jurisdictional limitations of the Wafaqi Mohtasib and reinforced the need for proper channels to address grievances related to employment and pension issues. |
| Summary |
In the case of Sindh High Court's Constitutional Petition No.D-504 of 1998, the court addressed the jurisdiction of the Wafaqi Mohtasib in relation to pensionary benefits claimed by widows of employees of the Civil Aviation Authority. The petitioners challenged the directives issued by the Wafaqi Mohtasib, arguing that it lacked the authority to adjudicate on matters related to public servants’ grievances regarding their service. The court examined the relevant laws, including the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (P.O. 1 of 1983) and the Constitution of Pakistan, which delineate the scope of the Ombudsman’s jurisdiction. Ultimately, the Sindh High Court ruled that the Wafaqi Mohtasib did not have the power to accept or investigate such complaints, leading to the setting aside of the Ombudsman’s order. The court advised the petitioners to seek redress through appropriate legal avenues, highlighting the importance of jurisdictional boundaries in administrative justice. This case underscores critical aspects of administrative law, the functioning of the Ombudsman, and the rights of public servants in Pakistan, making it a significant reference for similar future cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Civil Aviation Authority,
Wafaqi Mohtasib (Ombudsman)
|
| Judges |
SABIHUDDIN AHMED,
GHULAM RABBANI
|
| Lawyers |
Abdul Qadir Siddiqui,
Naeemur Rehman,
Arshad Tayyabali
|
| Petitioners |
CIVIL AVIATION AUTHORITY
|
| Respondents |
others,
WAFAQI MOHTASIB (OMBUDSMAN)
|
| Citations |
2001 SLD 1921,
2001 PLC 637
|
| Other Citations |
International Cargo Handling Company (Pvt.) Ltd. v. Port Kassim Authority through Secretary, Bin Kassim Authority PLD 1992 Kar.65,
International Airlines Corporation v. Wafaqi Mohtasib and others 1998 SCMR 841,
Almas Khanum v. Federation of Pakistan and others 1994 MLD 6,
Malik Azam Jan v. Habib Bank Ltd., Karachi and 3 others 1995 CLC 234,
Fazalul Qadir Chaudhry v. Muhammad Abdul Haq PLD 1963 SC 486
|
| Laws Involved |
Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (P.O. 1 of 1983),
Constitution of Pakistan (1973),
Pakistan Civil Aviation Authority Ordinance (XXX of 1982)
|
| Sections |
Art. 9(2),
Art. 38,
Art. 199,
S. 5
|