The office of the Wafaqi Mohtasib - the Federal Ombudsman - was established under what is now the Federal Ombudsman Institutional Reforms Act, 2013, read with the original 1983 Order. It investigates maladministration by federal agencies, and it is the most under-used effective remedy in Pakistan's administrative law.
What maladministration means
The definition is deliberately broad and covers a decision, process, recommendation, act or omission which is:
- Contrary to law, rules or regulations, or a departure from established practice
- Perverse, arbitrary, unreasonable, unjust, biased, oppressive or discriminatory
- Based on irrelevant grounds
- Involving the exercise of powers for corrupt or improper motives
- Neglect, inattention, delay, incompetence, inefficiency and ineptitude in the administration or discharge of duties
That last category is what most complaints are actually about: a file that has not moved, a pension not released, a connection not provided, an application neither granted nor refused.
Which bodies are covered
Federal agencies, ministries, divisions, and statutory corporations and authorities under federal control. In practice the heaviest caseload concerns WAPDA and the electricity distribution companies, Sui gas companies, PTCL, Pakistan Post, NADRA, the passport office, EOBI, the pension and provident fund authorities, and the education and health institutions under federal control.
Outside the jurisdiction:
- Matters that are sub judice before a court or tribunal
- Matters relating to external affairs, defence and the armed forces
- Service matters of federal employees, which go to the Federal Service Tribunal - though the Ombudsman does deal with pension and retirement benefit complaints of retired employees
- Provincial departments, which fall to the provincial ombudsmen
- Tax matters, which go to the Federal Tax Ombudsman, and banking matters, which go to the Banking Mohtasib
How to complain
The process is designed to be used without a lawyer.
- File on the prescribed form, available on the Ombudsman's website. It can be submitted online, by post, or in person at the head office in Islamabad or any regional office. Complaints can also be lodged through the Ombudsman's mobile application and its complaint centres.
- Attach an affidavit in the prescribed form stating that the matter is not sub judice and that no complaint has been made elsewhere on the same facts.
- Attach the correspondence with the agency - your application, its response or the absence of one.
- There is no fee.
The complaint should ordinarily be made within a reasonable period of the cause of action; a stale grievance may be declined.
What happens
The Ombudsman calls for the agency's report, and the agency is required to respond. Hearings are held where necessary, often at a regional office, and the complainant and the agency's representative appear. Investigation officers are frequently able to resolve the matter simply by asking the department to explain itself.
The Act requires that a complaint be investigated and decided within sixty days. That timeline is not always achieved, but the statutory duty gives complainants a basis to press.
The Ombudsman issues findings and recommendations, directing the agency to do or refrain from something, and can direct compensation for loss suffered.
Implementation and appeal
The agency must implement the recommendations and report compliance. Where it does not, the Ombudsman has powers to enforce, including contempt proceedings and reference to the appointing authority against a defaulting officer.
A person aggrieved by a decision may make a representation to the President within thirty days, under section 32 of the 2013 Act. The President's decision is subject to judicial review on limited grounds.
The related ombudsman offices
- Federal Tax Ombudsman - maladministration by FBR
- Banking Mohtasib - banks
- Insurance Ombudsman - insurers
- Federal Ombudsman for Protection Against Harassment of Women at the Workplace - harassment complaints under the 2010 Act
- Provincial Ombudsmen in each province for provincial departments
The Federal Ombudsman also administers a dedicated mechanism for overseas Pakistanis, which handles complaints from abroad about federal agencies and about property and inheritance matters where a federal agency is involved.
Writing a complaint that works
State the facts as a dated chronology. Identify the specific act or omission complained of and the officer or office responsible. State exactly what relief you want - the connection restored, the pension released, the record corrected, the amount refunded. Attach the correspondence in the same order as the chronology. Complaints that describe frustration rather than a specific failure and a specific remedy take longer and achieve less.
This article describes the general jurisdiction and procedure of the Federal Ombudsman. Jurisdiction depends on the body complained against. It is not advice on any specific complaint.