QAISAR ABBAS vs FEDERATION OF PAKISTAN, through Secretary Pakistan Railway, Islamabad S — 2022 CLC 146 ISLAMABAD

Case information

Citation: 2022 CLC 146 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: CLC
Parties: QAISAR ABBAS vs FEDERATION OF PAKISTAN, through Secretary Pakistan Railway, Islamabad S
Subject matter: Constitutional
Provisions referred to: S. 12---E; S. 12; Court Ordinance; Federal Ombudsman Institutional Reforms Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

QAISAR ABBAS VS FEDERATION OF PAKISTAN, through Secretary Pakistan Railway, Islamabad S.12---Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order (P.O. 1 of 1983), Ss.12 & 16---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Order of Wafaqi Mohtasib (Ombudsman)---Compliance---Remedies---Petitioners were members of a cooperative housing society and their grievance was with regard to providing of public railway level crossing---Wafaqi Mohtasib had already passed directions in favour of cooperative society and against Railway authorities---Petitioners sought compliance of order passed by Wafaqi Mohtasib---Validity---Decision of Federal Ombudsman in favour of Society had attained finality---Petitioners were to seek its implementation before Federal Ombudsman, which office had jurisdiction even to initiate contempt proceedings and to punish for contempt as provided in Contempt of Court Ordinance, 2003, under S.12 of Federal Ombudsman Institutional Reforms Act, 2013, as well as under section 16 of Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983--- Defiance of recommendation under S.12 of Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, could lead to appropriate action against delinquent public servant of the Agency i.e. Pakistan Railways---Petitioners who were members of the Society in the garb of having fundamental rights did not have locus standi to enforce agreement which had already attained finality---Petitioners could approach their Society for doing the needful in implementation of findings / recommendations of Federal Ombudsman pursuant to its orders, if the same had not been done till then--- Constitutional petition was dismissed accordingly.

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