
2017 CLC 1571 Karachi High Court
S. 9 … jurisdiction, powers and functions of ombudsman …..Object for which the officer of Provincial Ombudsman has been created ex-facie, is not intended to give any powers to the Provincial Ombudsman for and/or to interfere in the matters of civil nature. Manifestly the appointment of Provincial Ombudsman under the Act is only to diagnose, investigate, redress and rectify any injustice done to a person through mal-administration on the part of any agency or any of its officers or employees.
2015 MLD 1029 LHC
Art. 2(2) & 9 … ombudsman… powers, functions and duties. Ombudsman is generally concerned with the subject of maladministration in any Agency. Term “Agency” is so broad as to include all ministries, departments, divisions, statutory bodies, etc of Federal Government with a few exceptions of superior courts. Definition of ‘maladministration’ too is all pervasive to include and decisions, etc which offends the criteria so broadly explicated in S. 2 (2) of Establishment of the Wafaqi Mohtasib (Ombudsman) Order, 1983… complaint before ombudsman is a public law remedy… ombudsman legislation has clearly defined so directly to ombudsman’s office; the office is independent; the jurisdiction of ombudsman is widely defined; attempts are made to redress complaints quickly. Generally speaking, the office of ombudsman is a positive weapon in citizen’s armoury against arbitrary administrative action.
2014 CLC 216 LHC
O. VII, R. 11 & S. 9… Punjab Office of the ombudsman Act, 1997, S. 9 & 29.. Specific Relief Act, 1877, S. 42 …. Constitution of Pakistan, art. 199—- constitutional petition… Application for rejection of plaint… jurisdiction of civil court… scope…Plaintiff filed suit for declaration wherein an application for rejection of plaint was filed which was dismissed concurrently….. validity…. Application for rejection of plaint was filed which was dismissed concurrently. validity…. … Provincial Ombudsman had not determined the rights of parties and order passed by the ombudsman could not take away the jurisdiction of civil court. High Court and courts subordinate thereto had been excluded from the jurisdiction of the ombudsman. Proceedings conducted by the ombudsman had no bearing on the suit when neither any order was passed by the ombudsman nor any proceedings pending before him had challenged in the same. Bar contained in S. 29of the Punjab Office of Ombudsman Act, 1997 was inoperative against the plaintiff. Civil Courts were considered as courts of ultimate jurisdiction vested in them could not be taken away on the ground that aggrieved party had already opted to approach another forum for redressal of his grievance. Trial Court would attend to the point as to whether plaintiff was debarred to file suit after dismissal of his application would be at liberty to challenge the same. Application under O. VII, R. 11, CPC was rightly dismissed by the courts below. Constitutional petition was dismissed.
2014 CLC 216 LHC
S. 9 jurisdiction, functions and powers of the ombudsman…..scope……domain of the Provincial Ombudsman was not to enter into arena of civil disputes between the private parties rather his jurisdiction was con fined to conduct inquiries against the members of agencies, departments or statutory bodies with specific reference to corrupt practice and misuse of powers by them.