Ombudsman Act

  1. Section 2 — Definition of word ‘Agency’ — Statutory corporation or any institution which is established or controlled by Government is covered by the definition of the word ‘Agency’ — The University has been established under section 3 of the Act known as the University of Azad Jammu and Kashmir Act, 1985 — Contention that University not an ‘Agency’ of the Govt. as defined in the Ombudsman Act is not tenable. Abdul Qadeer v. AJK University 2000 SCR 22 (D)
  2. Section 2 sub-section (3) (I)(B) — Jurisdiction of Ombudsman — If an order is unjust or discriminatory the Ombudsman has the jurisdiction to rectify the wrong and give appropriate relief. Abdul Qadeer and 148 others  v. AJK University and another 2000 SCR 22 (A)
  3. Section 2(3)(I)(B) — If an order is unjust or discriminatory or unreasonable, the Ombudsman has the jurisdiction to rectify wrong to give an appropriate relief to a person concerned. Abdul Qadeer and 148 others  v. AJK University and another 2000 SCR 36 (A)
  4. Mohtasib does not enjoy the power of review — When a complaint is made to the learned Mohtasib or the matter is considered by him on his own motion the Mohtasib has been given the power under section 11 of the Act to frame recommendations which should be sent to the concerned Agency but there is no provision which authorises the Mohtasib to re-open the matter and give a new life to a dead case. Abdul Qadeer and 148 others  v. AJK University and another 2000 SCR 22 (G)
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