Ombudsman or mohtasib

ADMINISTRATIVE LAW

All Rights Reserved 2

Objectives Meaning Historical background

Object Scope Nature Jurisdiction Functions Powers Distinction between council d’ Etat and ombudsman Questions and Answer

Ombudsman / Mohtasib


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



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



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



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


All Rights Reserved

Council d’Etat

1. No other forum is available

2. No appeal can lie

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Ombudsman

1. Other forum is available

2. Decision is appealable

Difference between ombudsman and council d’ Etat



Judicial System

Traditional Judicial System

Administrative Judicial System

Supreme Court Tribunal

High Court

Ordinary Courts Special 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

Accountability court

Constitutional Statutory

Service

Tribunal Election Tribunal

Disposal of Enemy

property

Tortious act Of

government



Judicial System

Traditional Judicial System

Administrative Judicial System

Supreme Court Tribunal

High Court

Ordinary Courts Special 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

Accountability court

Ombudsman

Constitutional Statutory

Environmental protection

Insurance Appellate

Income tax Appellate

Labour Appellate

Customs excise and sales tax appellate


Administrative Law

Ombudsman or mohtasib

Law

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