Prof. Dr. QAMAR-UL-WAHAB vs FEDERATION OF PAKISTAN Transfer of proceedings — 2025 PLD 293 ISLAMABAD

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Prof. Dr. QAMAR-UL-WAHAB VS FEDERATION OF PAKISTAN Transfer of proceedings---Where the legislature intends for pending proceedings before one forum to be transferred to another, it makes an express provision for such transfer in the statute. Citation Name: 2025 PLD 293 ISLAMABADBookmark this Case Prof. Dr. QAMAR-UL-WAHAB VS FEDERATION OF PAKISTAN Where the statute provides for the power to transfer a case from one Court/Tribunal to another, the same has to be strictly construed. Citation Name: 2025 PLD 293 ISLAMABADBookmark this Case Prof. Dr. QAMAR-UL-WAHAB VS FEDERATION OF PAKISTAN art. 199---Protection against Harassment of Women at the Workplace act (IV of 2010), Ss.2(h) & 8---Federal Ombudsmen Institutional Reforms act (XIV of 2013), Ss. 13, 14 & 18---Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (1 of 1983), arts. 10(3) & 29---Harassment---Complaint---Transfer of complaint from Federal Ombudsman to Provincial Ombudsman---Interference by High Court---Scope---Writ of certiorari, issuance of---alternate remedies of review and representation, non-availing of---Plea of the respondent was that in view of S. 18 of the Federal Ombudsmen Institutional Reforms act, 2013 (2013-act) and art. 29 of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (Order-1983), the jurisdiction of all courts and other authorities from interfering in orders passed by the Ombudsmen had been ousted and alternate remedies provided under Ss.13 & 14 of the act-2013 had not been availed---Validity---after the establishment of the Office of the Provincial Ombudsman pursuant to the provisions of the Khyber Pakhtunkhwa Protection against Harassment of Women at the Workplace (amendment) act (V of 2018) since no provision was inserted in the act-2010 empowering the Ombudsman to transfer complaints or proceedings to the Provincial Ombudsman, thus, the order of transfer of complaint was without jurisdiction and without lawful authority---If respondent wanted the Provincial Ombudsman to conduct proceedings on her complaint, she could have applied to the Federal Ombudsman for the return of her complaint so that she could file the same before the Provincial Ombudsman---Unlike art. 10(3) of the Order-1983, which provides for a limitation period of three months for filing the complaint, there is no limitation period provided either in the act-2010 or the act-2018 for filing the complaint---Sub-constitution legislation could not oust the jurisdiction of High Court conferred by art. 199 of the Constitution, especially where the order of the Ombudsman, which was sought to be quashed by the issuance of a writ of certiorari, was without lawful authority---Constitutional petition was allowed, in the circumstances and the matter was remanded to the Federal Ombudsman who may consider returning the complaint to the respondent enabling her to file the same before the Provincial Ombudsman.

Prof. Dr. QAMAR-UL-WAHAB vs FEDERATION OF PAKISTAN Transfer of proceedings — 2025 PLD 293 ISLAMABAD

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