The post of Wafaqi Mohtasib (federal ombudsman) has been lying vacant for last around two years and the delay in filling this important position by the government is creating problems for aggrieved consumers of different public utility organisations as their cases continue to linger on.

The government continues to drag its feet on the issue despite clear directives from the Peshawar High Court in December last when its bench, headed by Chief Justice Dost Mohammad Khan, had ordered it to fill the post within two months.

The court had issued the orders while disposing of a writ petition filed by an industrial unit, Messrs Mohmand Molding, challenging the non-appointment of the wafaqi mohtasib by the President of Pakistan. The petitioner contended that it had filed a complaint at the office of the mohtasib with regard to malpractices by Tribal Electric Supply Company (Tesco) authorities as despite closure of the unit they had been demanding electricity charges from the petitioner.

At that time the petitioner claimed that his petition had been pending before the mohtasib for last over a year and could not be taken up due to the non-appointment of mohtasib. The petitioner contended that if the federal government was reluctant to appoint mohtasib and did not want to proceed with such legal authority it should be directed that no complaint of aggrieved persons should be entertained by the Mohtasib Secretariat as hundreds of complaints were being filed, but with no action.

The post of mohtasib has been lying vacant since Oct 27, 2010, when last incumbent Javed Sadiq Malik relinquished the office after completion of his term. In hundreds of cases the investigation officers had completed investigation at the main office as well as regional offices, but the same could not be finalised due to the absence of ombudsman. Similarly, a large number of complaints have been under process.

“This office was created to provide cheap justice to people against malpractices of government agencies. Most of complaints pending before the mohtasib are related to consumers of electricity, natural gas and telecommunication as well as service matters,” said advocate Zulfiqar Khalil who has been appearing in different cases related to mohtasib.

He said that while the officers concerned completed investigations in cases and gave their findings, the same had no legal standing unless counter-signed by the mohtasib. Due to same reason, he said, the government officials had been giving least importance to any order issued from the office of the mohtasib.

The federal government had established the office of Wafaqi Mohtasib during General Ziaul Haq regime in 1983 through introduction of the Establishment of Offices of Wafaqi Mohtasib (ombudsman) Order, 1983. Since then nine persons have so far been appointed as permanent or acting ombudsman, seven of whom were former judges of superior courts.

In the said Order there was no qualification given for appointment of an ombudsman and it is only mentioned that “there shall be a Wafaqi Mohtasib, who shall be appointed by the President”.

The functioning of the institution of ombudsman is governed under the 1983 Order and the Wafaqi Mohtasib (Investigation and Disposal of Complaints) Regulations, 2003, which were framed under the said Order. Under sub-section 3 section 23 of the Regulation, the complaint shall, on completion of investigation and with the approval of mohtasib, be rejected when it is found that no mal-administration was 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 mohtasib, be accepted and recommendations for implementation should be sent to concerned agency when it is found that the agency was responsible for mal-administration and injustice to the complainant and such mal-administration or injustice needs rectification.