Punjab Ombudsman

by
SAHER FATIMA
Assistant of DR SYED ABUL HASSAN NAJMEE

Law
The Punjab office of the Ombudsman Act 1997
Cf: Establishment of the office of Wafaqi Muhtasib (Ombudsman) Order, 1983.

Punjab Ombudsman
General
The term “Ombudsman” is of Swedish origin and in its ordinary dictionary
meaning denotes “an official appointed to investigate complaints against the
public authorities, government departments or the people who work for them”.
The institution of Ombudsman has its roots in ancient times. The complaint
handling systems resembling the present Institution were functioning as far
back as the early days of Islam, and are still functioning in many Muslim
countries. However, as an institution, the Ombudsmanship originated in
Sweden about 200 years ago as a parliamentary supervisory body.
The institution of Ombudsman is aimed at protecting individuals’ right without
jeopardizing the efficacy of public policies faced by most of the societies in the
contemporary world but the functional competence and the organizational
structure of this institution varies from country to country depending on
peculiar circumstances of each case. It is legally established, functionally
autonomous, external to the administration, operationally independent of both
legislature and executive, non-political, sympathetic to citizens, not averse to
administration, freely accessible and practically having access to the
documents relevant to the impugned executive decision.
The institution has proved to be an invaluable help to the common man as a
‘grievance redressal mechanism’. The concept gradually became popular in
a number of countries from 1960 onward.

Establishment
The office of Federal Ombudsman was established during the martial law
regime of Zia through Establishment of the Office of Wafaqi Mohtasib
(Ombudsman) Order 1983 (P.O.1 of 1983).1
Sind: To provide for redress of grievances against provincial agencies, the
Province of Sindh established the Provincial Ombudsman in 1991.2
Punjab: Five years later, the Punjab established the office of Ombudsman
1
Subject to necessary changes/modifications, the law is largely based on the Parliamentary Commissioner
for Administration Act 1967 of the UK However, there are some differences in details like the provision in the
UK law that complaints can only be entertained when received through a member of the Parliament, and
complaints directly received from the public cannot be investigated. Besides, in that law there is no definition
of maladministration or agency.
2
Initially the office was established under the Establishment of the Office of Ombudsman for the Province of
Sindh Ordinance 1991; however, this Ordinance was replaced by Establishment of the Office of Ombudsman
for the Province of Sindh Act 1991 (I of 1992).
through an Ordinance promulgated on 3 September 1996:3 replaced an Act of
the Assembly [the Punjab Office of the Ombudsman Act 1997].
The Office of Ombudsman Punjab has been established with the prime
objective “to provide protection for the rights of the people, to ensure
adherence to the rule of law, to suppress corrupt practices; to
diagnose, redress and rectify any injustice done to a person through
maladministration”. And at federal level it has the same objective but at
provincial level two objectives expressly added by the provincial legislature
one is supremacy of rule of law and other is suppression of corruption.
The law empowers the Ombudsman Punjab to entertain complaints against
any department, commission or a statutory corporation or other institutions
established by the Provincial Government, but does not include the High Court
and the courts working under the supervision of High Court and the Provincial
Assembly and its Secretariat.
The Ombudsman has the jurisdiction to deal with cases involving
maladministration by a Government Agency.
Art.2/sec.2
`Agency’, in the context of Punjab, means a Department, Commission or
office of the Provincial Government or a statutory corporation or other
institution established or controlled by the Provincial Government but
does not include the High Court and courts working under the supervision and
control of the High Court, and the Provincial Assembly of the Punjab and its
Secretariat.
`Maladministration’ means A decision, process, recommendations, act or
omission or commission which is contrary to law, mala fide, arbitrary, unjust,
biased based on irrelevant grounds, involves exercise of power or the failure or
refusal to do so, neglect, inattention, delay, in the administration or discharge
of duties or responsibilities.

Appointment etc
Art.3/sec 3:
(a) The President/Governor appoints him for a period of four years on
such terms and conditions as he may determine; however, he is not
eligible for extension of tenure or for re-appointment as such.
(b) An Ombudsman shall be a person who is, or has been or is qualified
to be a judge of the High Court or any other person of known
integrity.
Ombudsman cannot hold another office of profit during the tenure and
expiration of two years after the tenure.
Art.6-Sec.6: The Goverment may remove him from office on the ground of
misconduct or incapability of performance of duties of his office by reason of
physical or mental incapacity:
(a) however, the Ombudsman may require an open public evidentiary
hearing before the Supreme Judicial Council/Division Bench of LHC;
(b) If such hearing is not held within 30 days of the receipt of such

3
Punjab Office of the Ombudsman Ordinance 1996 (XI of 1996).
 request, or not concluded within 90 days of its receipt, the
Ombudsman would be absolved of any stigma whatever.
(c) In case, he is absolved, he may choose: to leave his office; or to continue
in office till the expiry of his tenure.

Powers and Jurisdiction

Art. 9-sec.9: He assumes jurisdiction:
(a) on the complaint by an aggrieved person; or
(b) on a reference by the President, the Parliament (Government or
Provincial Assembly); or
(c) on the motion of the SC or a HC during the course of any proceedings
before it.
He has no Jurisdiction to investigate or inquire into any matters which:
(a) are sub-judice; or
(b) relate to the external affairs of Pakistan;
(c) relate to the defence of Pakistan;
(d) any matters relating to any personal grievance about service.
Art.14/sec.14: He enjoys the power of civil courts in respect of:
(a) summoning and enforcement of attendance of any person and
examination made on oath,
(b) compelling the production of documents,
(c) receiving evidence eon affidavits, and
(d) issuing Commission for the examination of witnesses.
Art.15/sec.15: He or any body authorised by him:
(a) can enter any premises for purposes of any inspection or
investigation where he has reason to believe that any article, book
of account or any other document relating to the subject matter of
inspection or investigation would be found; and
(b) can search premises, inspect any such article, book of accounts or
other documents, take extracts or copies, impound or seal them or
make inventories of the same.
Art.17-18/sec.17-18: He can constitute inspection teams and establish
standing or advisory committees with specified jurisdiction for performance
of such of his functions as are assigned to them from time to time.
Art.19/sec.19: He may in writing delegate such of his powers as may be
specified in the order.
Art.28-sec.28: He is required to submit an annual report to the
President/Governor.

Acting Ombudsman
Art.7/sec.7: At any time when the Office of Mohtasib is vacant, or the
Mohtasib is absent or is unable to perform his functions due to any
cause, the Government shall appoint an acting Mohtasib.
However, if the office of Ombdusman is vacant, the consultant or Advisor
has no jurisdiction to make recommendations.4

Staff
Art.8/sec.8:
(a) The members of the staff, other than those mentioned in section 20 or
those of a class specified by the Government by order in writing shall be
appointed by the Government in consultation with the Ombudsman.
(b) It shall not be necessary to consult the Provincial Public Service
Commission for making appointment of the members of the staff or on
matters relating to qualifications for such appointment and method of
their recruitment.
(c) The members of the staff shall be entitled to such salary, allowances and
other terms and conditions of service as may be prescribed having
regard to salary, allowances and other terms and conditions of service
that may for the time being be admissible to other employees of the
Provincial Government in the corresponding Basic Pay Scale.
(d) Before entering upon office a member of the staff mentioned in
subsection (1) shall take an Oath before the Ombudsman in the form set
out in the Second Schedule to this Act.Jurisdiction, functions and powers
of the Ombudsman.

Complaint and Limitation

Art.10/sec.10:
(a) a complaint made on solemn affirmation or oath addresseed to the
ombudsman or in his office;
(b) no anonymous and pseudonymous shall be entertained; and
(c) A compliant shall be made within three months from the day of the
notice of the matter. But the ombudsman can give relaxation in special
circumstances as reasonable.

Recommendations
Art.11/sec.11: If after due enquiry, the Ombudsman reaches certain
conclusions and findings, he may communicate them to the agency
concerned:
(a) to consider the matter further;
(b) to modify or cancel the decision, process, recommendation, act or
omission;
(c) to explain more fully the act or decision in question;
(d) to take disciplinary action against any public servant of any Agency
under the relevant laws applicable to him;
(e) to take action on his findings and recommendations to improve the
working and efficiency of the Agency within a specified time;

4
Secretary Wafaqi Mohtasib v Capital Steel Re-rolling Mills, PLD 2012 Lahore 493.
(f) to dispose of the matter or case within a specified time;
(g) to take any other step specified by the Ombudsman.

Defiance
Art.11/sec.11: The agency must:
(a) act accordingly or
(b) inform the ombudsman the reasons for not complying with the same.
Art.11-12/sec.11-12: If he finds that the agency is not deliberately ready
to do justice, he may lay a special report to the Government:
(a) The failure to comply constitutes `defiance of recommendations'.
(b) The Government may in his discretion direct the agency concerned to
implement the recommendations and inform the ombudsman
accordingly
(c) In that case, the defiance report would become part of the confidential
record of the officer concerned..

Ouster & Immunity

Art.29-sec.29: No court has jurisdiction:
(a) to question the validity of any action taken or intended to be taken or
order made or anything done or
(b) any grant of injunction or stay or any other interim order in relation of
any proceedings before him.
Art.30-sec.30: Immunity: Similarly no proceedings etc lie against him or his
staff for anything which is in good faith done or intended to be done.

Contempt
Art.16-sec.16: The Punjab Mohtasib shall have same powers, as the High
Court has to punish any person for its contempt who:
(a) abuses, interferes with, impedes, imperils, or obstructs the process
of the Mohtasib in any way or disobeys any order of the Mohtasib;
(b) scandalises the Mohtasib or otherwise does anything which tends to
bring the Mohtasib, his staff or nominees or any person authorised by
the Mohtasib in relation to his office, into hatred, ridicule or
contempt;
(c) does anything which tends to prejudice the determination of a matter
pending before the Mohtasib; or
(d) does any other thing which, by any other law, constitutes contempt of
court.
However, fair comments made in good faith and in public interest on the
working of the Mohtasib or any of his staff, or on final report of the
Mohtasib after the completion of the investigation shall not constitute
contempt of the Mohtasib or his Office.
Appeal: Any person sentenced under clause (1) may, notwithstanding
anything herein contained, within thirty days of the passing of the order,
appeal to the High Court in case of Provincial Ombudsman.
Saving: Nothing in this Article takes away from the power of the President to
grant pardon, reprieve or respite and to remit, suspend or commute
any sentence passed by any court, tribunal or other authority.

Representation
Art.32/Sec.32: Any person aggrieved by a decision or order of the
Ombudsman may, within thirty days of the decision or order, make a
representation to the Governor, who may pass such order thereon as he may
deem fit.
Since the Governor performs quasi-judicial functions, he is not to act on the
advice of the Chief Minister or the Cabinet.