PESHAWAR, Dec 14: The Peshawar High Court on Wednesday directed the federal government to appoint the wafaqi mohtasib (federal ombudsman) within two months after finding the post lying vacant for over a year.

The directions were issued by a bench comprising Chief Justice Dost Mohammad Khan and Justice Waqar Ahmad Seth during a hearing into a petition filed by the Mohmand Molding Company against the non-appointment of the wafaqi mohtasib by the president.

Abdul Rauf Rohaila, counsel for the petitioner, told the court that his client had filed a complaint with the office of the wafaqi mohtasib over the Tribal Electric Supply Company's (Tesco) demand of electricity charges despite the severing of his power connection.

He said his complaint had been pending with the mohtasib for last more than one year due to vacant office.

The lawyer said the Presidential Order No I of 1983 authorised the president to appoint wafaqi mohtasib in line with the relevant constitutional provisions. He said if the president was reluctant to appoint mohtasib, the court should direct him/her to stop the Mohtasib Secretariat from entertaining complaints of people in distress, adding that the secretariat received dozens of complaints everyday but didn't provide relief to the complainants due to the vacancy.

Mr Rohaila said the office of wafaqi mohtasib was created to provide speedy justice to people against malpractices of government agencies and department but its vacancy was denying the people the same.

He said the said post had been lying vacant since October 27, 2010 when the incumbent, Javed Sadiq Malik, quit on completion of his term.

It is learnt that investigation officers at the main and regional wafaqi mohtasib offices have so far completed inquiry into hundreds of cases but no relief could be provided to complainants due to the vacancy of the ombudsman. Still, a large number of complaints are being probed. Most of such complaints pending with wafaqi mohtasib are about electricity, gas and telecommunication departments.

The petitioner said the functioning of the institution of ombudsman had been governed under the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order-1983 and the Wafaqi Mohtasib (Investigation and Disposal of Complaints) Regulations-2003, which were framed under the said order.

Under sub-section 3 of the Section 23 of the Regulation, the complaint shall, on completion of investigation and with the approval of the Mohtasib, be rejected when it is found that no maladministration is involved in the case or the complainant is not entitled to the relief claimed.

Similarly, under Sub-Section 4 of Section 24 the complaint shall, on completion of the investigation and with the approval of the mohtasib, be accepted and recommendations for implementation should be sent to the agency concerned when it is found that it is responsible for maladministration and injustice to the complainant and that such maladministration or injustice needs rectification.