Presentation Slides - Ombudsman

In the name of ALLAH the most Merciful the most Gracious
ORIGIN, ROLE & DEVELOPMENT OF FEDERAL OMBUDSMAN IN PAKISTAN
Conceptual Framework
Conceptually, the inspirations for institution of Ombudsman is a derivative of the Islamic Spirit of Hisba, Accountability. Early Islamic History laid down the basis: Establishment of the Department of Nazarul Mazalim (Review of Wrongs) by the 3rd Caliph Hazrat Umar The guiding principles of the institution were provided by the Caliph Hazrat Ali in his letter to Malik Ashtar, the Governor of Egypt.
ORIGIN & EVOLUTION

The word "ombudsman" is of Swedish origin and means "representative or agent" of the people. In the modern world, an ombudsman was first established in 1809 in Sweden. Mandated to redress public grievances against agencies of state.
In 1919, Finland, adopted the Swedish model. The next country to follow was Denmark in 1955. The first country outside Europe was New Zealand in 1955 EU established the first European Ombudsman in 1995. Today, over 100 countries have the institution in place.
Quest & Research

Principals of Administrative Law Hamid.K
PhD Thesis
SEQUENCE
Origin, Evolution & Conceptual Framework (already covered) Concept Development in Pakistan . Akasha Federal Ombudsman Schemes in Pakistan . Murtaza Legal Basis, Focus & Independence Of FO . Sana Powers, Jurisdiction and Limitations Of FO . Rizwan Registration, Investigation & Disposal of Complaints & Judicial Review Saqib Experience in Pakistan Shahid Conclusions from Experience & Interventions by the SC .. H.Mudasar Role of Federal Ombudsman . Ali Recommendations ... Malhi
DEVELOPMENT IN PAKISTAN AKASHA
DEVELOPMENT IN PAKISTAN
FO in Pak represents a synthesis of the early Islamic concept and contemporary Scandinavian system of Ombudsman. However, the concept was adopted in the intellectual circles of Pakistan in late 60s. The need for the office of ombudsman was realised by the study group on Toning up of Provincial Adm published by the Govt of West Pak in July 1969. In 1972, Pakistan Administrative Staff College (PASC) was requested to initiate a study on Ombudsman.
The study proposed: The institution if suitably and wisely adapted to our needs and conditions, can be a great blessing. Comparing to other venues for redressal of grievances, like of Court of law, National Assembly and Public Media, the system will prove to be simple and in-expensive. Will lessen the burden of work of legislature who usually get complaints on the activities of administrative authorities.
In 1970. PPP, included ombudsman along with proposals of administrative reforms in their manifesto. Subsequently, the Federal Ombudsman was included in1973 Constitution. The Peoples Party government established, through an executive order, the Prime Ministers Representative for Administrative Inspection with functions almost identical to those of conventional ombudsman. A similar institution Punjab Administrative Vigilance Commission was established in the Province of Punjab.
However, these institutions remained vulnerable and disappeared with the change in government in 1977. Finally, on 24th January 1983, Establishment of the Office of Wafaqi Mohtasib Order -1983, paved the way for institution of Ombudsman in Pak. Sardar Muhammad Iqbal, a professor of law and Retired Chief Justice of Lahore High Court took oath as 1st Ombudsman on August 8, 1983. y At that time, in Asia no other country of Pak size and population has the institution of Ombudsman.
y Gradually, the success establishment of :of the institution led to y 8 Regional Offices in Lahore, Faisalabad, Multan, Karachi, Sukker, Peshawar & Dera Ismail Khan. y 5 Federal Ombudsmen Offices, Federal Tax Ombudsman, Federal Insurance Ombudsman, Federal Banking Ombudsman, Ombudspersons for Women and Childeren. y Provincial Ombudsmen in Sindh, Punjab, Balochistan, Khyber Pakhtoonkhwa, Azad Jammu and Kashmir. Currently, an ex IG Police Mr. Shoaib Siddal is designated as Wafaqi Mohtasib.
SEQUENCE
Federal Ombudsman Schemes in Pakistan
Mutaza
Federal
Ombudsman
Federal
Ombudsman
Federal Banking Ombudsman
Federal Insurance Ombudsman
Federal Ombudsperson for Harassment of Women at Workplace
Federal Ombudsman for Children
SEQUENCE
Legal Basis, Focus & Independence Of Federal Ombudsman
Sana
Legal Basis
Office of Wafaqi Mohtasib has been established by law. Mohtasib draws his authority from the Head of the State, however, he is not an extension of the executive arm of the Government. The predominant objective of Wafaqi Mohtasib is to diagnose, investigate, redress and rectify any injustice done to a person through maladministration
Legal Basis
Unlike Australia and United Kingdom, the term mal-administration has been defined in the law as : A decision, process, recommendation, act of omission or commission which: is contrary to law, rules or regulations or is a departure from established practice or procedure, unless it is bona fide for valid reasons: or is perverse, arbitrary or unreasonable , unjust, biased, oppressive, or discriminatory : or is based on irrelevant grounds; or involves the exercise or powers, or the failure or refusal to do so, for corrupt or improper motives, such as, bribery, jobbery, favoritism, nepotism and administrative excesses and
Neglect, inattention, delay, incompetence, inefficiency ineptitude, in the adm or discharge of duties &responsibilities.
Legal Basis
The institution of distinct in its jurisdiction and the mode of operations from other grievance redressal mechanisms existing in the country.
It is neither parallel to executive nor has it been assigned functions identical to other agencies. It is aimed to fill the gaps in the system for protection of individual citizens from injustice originating from governmental mal-administration.
Independence Of Federal Ombudsman
The Law contains provisions to maintain & retain the INDEPENDENCE of FO in performance of his duties
Independence
Wafaqi Mohtasib is appointed for a fixed term of 4 years by the President of Pakistan
The terms & conditions of service cannot be varied to his disadvantage He cannot be removed from his office except on the ground of misconduct or of being incapable of properly performing the duties of his office by reason of physical or mental incapacity. Even this fact, on his request, can be determined by the Supreme Judicial Council.
Independence
Wafaqi Mohtasib is non-partisan and non-political. There is an embargo on participation in political activity and it extends beyond the currency of tenure. Mohtasib is not allowed to hold any office of profit in the service of Pakistan The law does not list any specific qualification of the Mohtasib
SEQUENCE
Powers, Jurisdiction and Limitations Of FO
Rizwan
Powers
To conduct inspections by constituting an inspection team and enter and search any premises. Mohtasib has the power like Supreme Court, to punish any person for Contempt : Who abuses, interferes with, impedes or obstruct the process of the Mohtasib . . . or . . Disobeys his orders . . . or . . Scandalize the Mohtasib etc.
The Mohtasib may also award costs, compensation and refunds of amounts to the aggrieved person and the same shall be recoverable as arrears of land revenue.
The Mohtasib and his staff have been provided immunity against any legal proceeding for anything which is done in good faith under the law.
Powers
He may hire staff and appoint advisors, consultants, fellows, interns, commissioners and experts to assist him in the discharge of his duties on such terms and conditions he deems fit.
The Mohtasib is the Chief Executive of his office and enjoys full administrative and financial autonomy.
Powers
The Mohtasib enjoys the same powers as are vested in a Civil Court under the Code of Procedures, 1908 in respect of the following matter: Summoning and enforcing the attendance of any person and examining him under oath. Compelling the production of documents. Receiving evidence on affidavits. Issuing commission for the examination of witnesses.
Powers
The Mohtasib and his staff have been provided immunity against any legal proceeding for anything which is done in good faith under the law. The Mohtasib and a member of the staff have authority to informally conciliate, amicably resolve, stipulate, settle or ameliorate any grievance without written memorandum and with the necessity of recording any complaint or issuing any official notice. The courts or any other authority have been debarred to grant stay against any proceedings initiated by the Mohtasib or question the validity of the actions taken by the Mohtasib.
Jurisdiction
The Mohtasib jurisdiction extends to all Federal Agencies i.e. Ministries, Divisions, Departments, Commissions or offices of the Federal Government or Statutory Bodies, Corporations or other institutions or any of its officer or employees and he may undertake investigation into any allegation of maladministration on their part.
In 1983, the number of Agencies falling within the functional ambit of Mohtasib were 455, spreading all over the country and employing about a million functionaries.
Supreme Court, the Supreme Judicial Council, the Federal Shariat Court or a High Court
Limitations
The President may exclude specified matters, public functionaries or Agency from the purview of the Mohtasib.
The Mohtasib cannot investigate or inquire into any matters which: Are subjudice before a court of competent jurisdiction or tribunal or board. Relate to the external affairs of Pakistan or the relations or dealings of Pakistan with any foreign state or government. Relates to, or connected with the defence of Pakistan or any part thereof, the military, naval and air forces of Pakistan or the matters covered by the laws relating to these forces. Service matters.
SEQUENCE
Registration, Investigation & Disposal of Complaints & Judicial Review
Saqib
Complaints Mechanism
The services offered by Mohtasib are free of cost and without formalities. The Mohtasib may act on a complaint by the aggrieved person or on his own motion. A reference may also be made to the Mohtasib by the President, the National Assembly, or on a motion of the Supreme Court or a High Court made during the course of proceeding before it.
Complaints Mechanism
A complaint to the Mohtasib may be made by the aggrieved person or in the case of his death, by the legal representative in person or sent by any other means of communication to the office. The complaint shall be made within three months from the day on which the person aggrieved first had the notice, however, the Mohtasib may use his discretion in case of special circumstances. The office does not entertain anonymous or pseudonymous complaints.
Investigation
Once a complaint is received in the office, jurisdiction criteria are applied to that. For this purpose the office has developed a code chart for sifting the complaints. All complaints, admitted or rejected, are acknowledged invariably. The complaints, which fall within jurisdiction are admitted and referred to the relevant staff for investigation.
Investigation
The concerned agency is approached to get their response on the complaint. The views of the agency are made available to the complainant for rebuttal. Files of the agencies are perused and the concerned officials, wherever necessary, are examined. After careful review of all the details related to the case, the recommendations are finalized and presented to the Mohtasib for approval.
Disposal (of complaints)

After Mohtasibs approval the recommendations are communicated to the complainant and the agency. After having considered a matter if an element of maladministration is found, the Mohtasib communicates the findings to the agency concerned asking it[1]: to consider the matter further; to modify or cancel the decision or action or make up omission; to explain it more fully; to take disciplinary action against any public servant; to dispose of the case within a specified time; to improve the working of the agency or to take any other steps specified by the Mohtasib.
Disposal
The government agency is responsible to inform the Mohtasib, within specified time, about the action taken on his recommendations or reasons for not complying with the same. The complainant, if disagreed with the recommendations, may submit a review petition to the Mohtasib or prefer to make a representation to the President. Similarly, the government agency may also approach the President to set aside the recommendations of the Mohtasib.
Disposal
The Mohtasib may also lay a special report to the President, in case he considers that injustice caused to the aggrieved person in consequence of maladministration has not been or will not be remedied. If the agency concerned does not comply with the recommendations made by the Mohtasib or does not give satisfactory reasons for non-compliance, it shall be treated Defiance of Recommendations. In such a situation, the Mohtasib may refer to the matter to the President, who may in his discretion direct the agency to implement the recommendation and inform the Mohtasib accordingly. Under Article 28, the Mohtasib submits an annual report to the President within three months of conclusion of calendar year to which the report pertains.
SEQUENCE
Experience in Pakistan
Shahid
SEQUENCE
Conclusions from Experience & Interventions by the SC
H.Mudasar
Conclusions from Experience
Interventions by the SC
SEQUENCE
Role of Federal Ombudsman
Ali
Role of Federal Ombudsman

If an institution like that of the Ombudsman is effectively functioning in a society, administrative lapses can be rectified. without exaggerating their significance just as judge errors are daily detected and corrected by appellate courts without shaking confidence in the entire judicial system. Apart from dealing with the individual complaints, the Mohtasib has also focused on rectifying the systemic problems.
The Role
The primary objective of Wafaqi Mohtasib institution is undoubtedly to secure redress of the peoples grievances. However, it is equally important to keep in view the constraints and perspective of Government Agencies. Every care had been taken to run parallel with the administration and not at cross purposes. Should achieve the desired objective through persuasion rather than coercion The institution has attempted to neutralize the disequilibrium between the government institutions and the general populace and help bridge the gap. Contributed to the evolution of Administrative Law through interpretation of laws, rules and regulations in by recording findings and recommendations.
A look at the number of cases dealt during the past two decades, reflects positively on the performance of the institution:Year Total Complaints Receipt 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 7812 34937 44323 26634 49044 44578 39921 44921 43833 33385 25761 Rejected 5871 27294 39396 14897 28343 23644 21477 18435 15180 10534 10346 Admitted 1941 7419 4927 9601 20701 20934 18444 26486 28653 22851 15415 Brought Forward 3761 5302 6253 6990 15632 14843 12437 6861 15992 22219 Total 1941 11180 10229 15854 27691 36566 33287 38923 35514 38843 37634 Disposed 587 6404 4938 10188 11660 20699 18884 24407 23721 19557 22017
Total
793165
434010
356795
339367
55% 45% The cost to the public exchequer for each decided 95% case since the inception of the office, Rs. 881 has 16160.33 Average 37769.76 20667.14 16990.24 been nominal (as per the The Collection Work of the Seventh Asia
Ombudsman Association Conference).
The nature of mal-administration detected by the Mohtasib has been grouped under the following categories: (As of December 2003) Nature of Mal-Administration Delay Inattention Neglect Inefficiency Bias Action Contrary to Law Corrupt Motives Administrative excesses Discrimination Arbitrary Decision Other causes Total Number
75234 36903 12145 5760 60611 5560 2258 14902 8754 97526 22361 342014
Percentage
22.00 10.79 3.55 1.68 17.72 1.63 0.66 4.36 2.56 28.52 6.54 100.00
Source: Wafaqi Mohtasib Annual Report from 1983 to 2003
The Role
Benefit of the Ombudsmans operations is vastly greater than the sum of the individual complaints solved. Following areas merit attention in this case: Every single case solved frequently applies to numerous other people/ departments in similar circumstances. Secondly, improvements in procedures are pointed out through decisions of Ombudsman. It indicates why things go wrong in a way which people working in the department cannot see. The deterrent effect of the ombudsmans vigilance indeed has significant effect on administration.
SEQUENCE
Challenges & Recommendations
Malhi
Challenges
large volume of complaints to be dealt with Lack of support from the parliament Though the Mohtasib has opened regional offices at various places, however, its outreach and awareness about its functions and role remains very limited Website of Federal Ombudsman is dis-functional During the past 20 years, no survey has been conducted to assess the efficacy and effectiveness of the Mohtasib office.
Challenges
neither the Wafaqi Mohtasib (Federal Ombudsman) nor the Provincial Ombudsmen have the jurisdiction to entertain complaints about the maladministration of local government
Recommendations
Parliamentary Committee on Public Administration may be established. There is a need to create either more posts of ombudsman or the posts of deputy ombudsman may be introduced. sitting Judge of Supreme Court as Acting Mohtasib has effected the performance of the office. Due to dual responsibilities, the Acting Mohtasib could not devote enough time to deal with the growing complaints,
Recommendations
There is a need to shift from individual complaints to the resolution of systemic reforms. The Mohtasib should provide leadership role and help the government agencies to institute internal review mechanism and made them more open and transparent. There is a need to publish small pamphlets in all regional languages for providing information about the ombudsman office.
Recommendations
Mohtasib must introduce a modern case management system in the office. This will increase the management as well as analytical ability of the office manifold. important that the human resources available to the Mohtasib office are continuously developed. The staff must have not only an update knowledge of the government rules and regulations
Recommendations
The Mohtasib must also bring into use all other mediums to interact with the public and the government, which include, inter alia, publication of special reports, delivering lecture at public forums, interview with the media etc. surveys are conducted regularly and the office is repositioned in the light of citizens feedback.
Recommendations
The ombudsman office is considered a highly personalized institution, as its effectiveness is mostly determined by the person, who occupies it. The Local Government Ordinance 2001 provides for establishment of Zila Mohtasib (District Ombudsman) Apart from establishing Mohtasib offices in the public sector, the government should encourage and promote this institution in the private sector
Q & A Session
CONCLUSION
Thanks to Mr. Warraich for offering us such an educative experience Thanks to my panel members for an excellent team work which in itself was a great experience Thanks to you for bearing with us

Presentation Slides - Ombudsman

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In the name of ALLAH the most Merciful the most Gracious

ORIGIN, ROLE & DEVELOPMENT OF FEDERAL OMBUDSMAN IN PAKISTAN

ORIGIN & EVOLUTION

Quest & Research

DEVELOPMENT IN PAKISTAN AKASHA

Federal Ombudsman Schemes in Pakistan

Federal Banking Ombudsman

Federal Insurance Ombudsman

Federal Ombudsperson for Harassment of Women at Workplace

Federal Ombudsman for Children

Legal Basis, Focus & Independence Of Federal Ombudsman

Independence Of Federal Ombudsman

Powers, Jurisdiction and Limitations Of FO

Registration, Investigation & Disposal of Complaints & Judicial Review

Disposal (of complaints)

Conclusions from Experience & Interventions by the SC

Conclusions from Experience

Role of Federal Ombudsman

Role of Federal Ombudsman

Ombudsman Association Conference).

Source: Wafaqi Mohtasib Annual Report from 1983 to 2003

Challenges & Recommendations

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