Federal office ignoring you? Complain to the Mohtasib.

Myth or fact?

What people usually think.

• Myth: Only a court can fix a problem with a government office. That means lawyers and years.
• Fact: For maladministration by a federal agency you can complain to the Wafaqi Mohtasib (Ombudsman). The law gives 60 days to decide (FOIRA 2013, s.9(5)).

What counts as maladministration?

Lahore High Court, PLD 2019 Lah. 169.

• The testAction of an agency that appears unreasonable, unjust, oppressive or arbitrary.
• The caseA gas company refused a job under its employee's son quota. The Mohtasib and then the President ruled for him.
• The resultThe company's writ petition was dismissed.

How to file.

Regulation 3(1), Wafaqi Mohtasib Regulations 2013.

• Any languageEnglish, Urdu or any regional language.
• Any wayIn person, through a representative, by post, courier, fax, e-mail or online.
• Any officeThe Head Office or a Regional Office.

Quick quiz. How long?

Guess first, then swipe for the answer.

• A. No time limit
• B. 60 days
• C. Two years

Answer: B. Section 9.

And the agency gets 15 days to reply.

“(1) The Agency shall, if so required by the Ombudsman submit written comments in a complaint within fifteen days, and this period may be extended for a further period of seven days on a sufficient cause. … (5) The Ombudsman shall dispose of the complaint within a period of sixty days.”

Federal Ombudsmen Institutional Reforms Act, 2013 · Section 9, Expeditious disposal of complaints

They must help you.

Regulation 3(5) and 3(6).

• Drafting helpThe official receiving it must help you draft the complaint and fill Form A, if you need it.
• TranslationA complaint in a regional language is translated into English or Urdu.
• Diary numberYour complaint is entered and you get an acknowledgement.

Before you file.

Not on Form A? Add a solemn affirmation (Reg. 3(4)).

• TrueThe allegations are true to the best of your knowledge and belief.
• First timeNo earlier complaint on the same subject.
• No court caseNothing pending on it before any court, tribunal or board.

Not happy with the decision?

Section 14, FOIRA 2013.

• Within 30 daysFile a representation to the President.
• DirectlyAddressed to the President, not through any Ministry or Division.
• In 90 daysIt must be decided. The order stays suspended for 60 days meanwhile.

Stuck with an office?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• A federal office has not moved my pension file for a year. Can I complain to the Wafaqi Mohtasib?
• Draft a complaint to the Wafaqi Mohtasib against a federal agency.

Example questions

What this does not mean

• The Wafaqi Mohtasib deals with maladministration by a federal agency, not with provincial offices.
• The solemn affirmation under Reg. 3(4) states there is no earlier complaint on the same subject and nothing pending on it before any court, tribunal or board.
• The 60 day limit in FOIRA 2013 s.9(5) is for the Ombudsman to decide the complaint, not a deadline for you to file.

Questions people ask

Sources

• Federal Ombudsmen Institutional Reforms Act, 2013 · Section 9
  Expeditious disposal of complaints