ALLAMA IQBAL OPEN UNIVERSITY (AIOU) vs FEDERATION OF PAKISTAN through Director General Legal for President of

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ALLAMA IQBAL OPEN UNIVERSITY (AIOU) VS FEDERATION OF PAKISTAN through Director General Legal for President of Pakistan assumption of---Principle---Where mandatory condition for exercise of jurisdiction by Court or Tribunal is not fulfilled, assumption of jurisdiction in such a matter is liable to be declared as without lawful authority--- Defect of jurisdiction goes to root of the matter and strikes at the very authority of Court or Tribunal to pass an order and the same cannot be cured by the consent or waiver of parties. Citation Name: 2023 CLC 638 ISLAMABADBookmark this Case ALLAMA IQBAL OPEN UNIVERSITY (AIOU) VS FEDERATION OF PAKISTAN through Director General Legal for President of Pakistan art.10(3)---Federal Ombudsmen Institutional Reforms act (XIV of 2013), S.13(1)---Constitution of Pakistan, art. 199---Constitutional petition---Review jurisdiction, exercise of---Limitation---Petitioner University was aggrieved of order passed by Federal Ombudsman in exercise of review jurisdiction which was maintained by appellate authority---Plea raised by petitioner University was that complaint filed by respondent was barred by limitation---Validity---Obligatory on Ombudsman to have first determined whether respondent had filed his complaint within limitation period provided in art. 10(3) of Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order,1983, regardless of whether or not petitioner University had taken an objection as to the complaint was time barred---Failure on the part of Ombudsman to do so rendered his order in question unsustainable---Ombudsman vide his earlier order closed investigation in complaint filed by respondent, specifically referring to Regln. 23(1)(b) of Wafaqi Mohtasib (Investigation and Disposal of Complaints) Regulations, 2013, which provided that investigation of complaint with approval of Mohtasib, was closed, when it was found that the agency was not at fault, as a particular procedure was to be adopted or formalities were to be followed by the complainant for redressal of his grievances---Respondent filed application for review of such order---Ombudsman in his subsequent order referred to the fact that earlier investigation in respondent's complaint was closed but did not give reasons as to why based on the same set of facts and documents he felt obliged to come to a conclusion contrary to the one taken earlier---Ombudsman in fact reheard the case in review jurisdiction and came to the conclusion that petitioner University had indulged in maladministration---Ombudsman on both the occasions was the same---Power of review was available to Ombudsman but it was not to be exercised in order to give the complainant another shot at the case---High Court set aside orders passed against petitioner University and matter was remanded to Ombudsman for decision afresh on review application of respondent---Constitutional petition was allowed accordingly. Citation Name: 2023 CLC 638 ISLAMABADBookmark this Case ALLAMA IQBAL OPEN UNIVERSITY (AIOU) VS FEDERATION OF PAKISTAN through Director General Legal for President of Pakistan S.13(1)---Civil Procedure Code (V of 1908), O. XLVII, R.1---Review---Power, exercise of---Ombudsman's discretion to exercise its power of review conferred by S.13(1) of Federal Ombudsmen Institutional Reforms Act, 2013 can be structured if he was to exercise that power only in cases where requirements contained in O. XLVII, R.1, C.P.C. are satisfied. Citation Name: 2023 CLC 638 ISLAMABADBookmark this Case ALLAMA IQBAL OPEN UNIVERSITY (AIOU) VS FEDERATION OF PAKISTAN through Director General Legal for President of Pakistan S.10(3)---Time barred complaint---Phrase "special circumstances which make it property for him to do so"---Scope---Ombudsman can entertain a time barred complaint and conduct an investigation but law requires him to state "special circumstances which make it proper for him to do so." Citation Name: 2023 CLC 638 ISLAMABADBookmark this Case ALLAMA IQBAL OPEN UNIVERSITY (AIOU) VS FEDERATION OF PAKISTAN through Director General Legal for President of Pakistan Regln. 23(1)---Investigation of complaints---Interpretation of law and contracts---Jurisdiction---Complaint that involves interpretation of law or clauses of a contract has to be left to be decided by a Court of plenary jurisdiction. Citation Name: 2023 CLC 638 ISLAMABADBookmark this Case ALLAMA IQBAL OPEN UNIVERSITY (AIOU) VS FEDERATION OF PAKISTAN through Director General Legal for President of Pakistan S.128---Liability of guarantor---Word "co-extensive"---Scope---Liability of guarantor under S.128 of Contract Act, 1872, is co-extensive with that of principal debtor---Guarantor cannot be made to pay for principal debtor's liability which does not arise from contract of guarantee---Word "co-extensive" in S.128 of Contract Act, 1872 denotes extent of liability and can relate only to quantum of principal debt---Guarantor is liable to creditor for principal debtor's liability under an agreement or instrument referred to in the contract of guarantee.

ALLAMA IQBAL OPEN UNIVERSITY (AIOU) vs FEDERATION OF PAKISTAN through Director General Legal for President of Pakistan assumption of — 2023 CLC 638 ISLAMABAD

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