Administrative law outlines the objectives, meaning, and functions of the ombudsman. The ombudsman investigates and remedies injustice caused by maladministration of government agencies and officials. Historically, the role of ombudsman originated in Sweden in 1809 and was later established in Pakistan under the Ombudsman Order of 1983. The ombudsman has jurisdiction over complaints of maladministration, except for matters relating to civil servants or that are sub judice, connected to external affairs or defense. The ombudsman is appointed by the president for a 4-year term and resolves complaints made by aggrieved individuals, the president, or parliament. Key powers include investigating agencies, award
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Objectives
Meaning
Historical background
Object
Scope
Nature
Jurisdiction
Functions
Powers
Distinction between council d’ Etat and ombudsman
Questions and Answer
Ombudsman / Mohtasib
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Meaning :
Regulator
Watchdog
Supervisory body
Definition :
Is an official or semi official office or person which hear
the grievances connected with government .
Ombudsman represents the citizen before the government
Ombudsman is a bridge between government and the aggrieved
Person .
Object :
To diagnose
Investigate
Redress
Rectify injustice done to a person through maladministration
Ombudsman / Mohtasib
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Historical Background:
Islam :
Righteous Caliphs
Sweden :
in 1809
In 1982 a draft was placed before Majlis-e-shoora
The office of the Wafaqi Mohtasib was estiblished under the
Ombudsman order 1983
Jurisdiction :
maladministration on the part of any agency or any of its officer
Matters excluded :
Matter relating to terms and condition of a civil servant
Sub judice
Relate to external affair
Connected with defence
Any matter notified by the president
Ombudsman / Mohtasib
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Appointing Authority :
President
Term of office :
Four year
Neither extension nor re appointment
Procedure :
Complaint
By the aggrieved person
Reference by the president
National assembly
Supreme court
High court
Own motion
Ombudsman / Mohtasib
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Power and functions :
Can arrange regional office
Can give direction and recommendation
Can award compensation
Can search any premises
Can punish for a contempt of court ( Supreme court )
Can issue summon
Can receive evidence
Can examine witness through commission
Can constitute inspection team
Can establish advisory committee
Ombudsman / Mohtasib
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Council d’Etat
1. No other forum is
available
2. No appeal can lie
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Ombudsman / Mohtasib
Ombudsman
1. Other forum is
available
2. Decision is
appealable
Difference between ombudsman and council d’ Etat
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Ombudsman / Mohtasib
Judicial System
Traditional
Judicial System
Administrative
Judicial System
Supreme Court Tribunal
High Court
Ordinary CourtsSpecial Courts
Criminal
Courts
Civil
Courts
Banking
Court
(R/L)
Control
of
Narcotics
Offences
in Bank
Customs,
Taxation and
Anti
Smuggling
Anti –
Corruption
Drug
courts
Anti –
Terrorism
Labour
Court
Accountab
ility court
Constitutional Statutory
Service
Tribunal
Election
Tribunal
Disposal of
Enemy
property
Tortious act
Of
government
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Ombudsman / Mohtasib
Judicial System
Traditional
Judicial System
Administrative
Judicial System
Supreme Court Tribunal
High Court
Ordinary CourtsSpecial Courts
Criminal
Courts
Civil
Courts
Banking
Court
(R/L)
Control
of
Narcotics
Offences
in Bank
Customs,
Taxation and
Anti
Smuggling
Anti –
Corruption
Drug
courts
Anti –
Terrorism
Labour
Court
Accountab
ility court
Ombudsman
Constitutional Statutory
Environmental
protection
Insurance
Appellate
Income tax
Appellate
Labour
Appellate
Customs
excise and
sales tax
appellate