‘Maladministration’ includes
i) a decision, process, recommendation, act or omission or commission which:-
a) is contrary to law, rules or regulations or is a departure from established practice or procedure, unless it is bonafide and for valid reasons; or
b) is perverse, arbitrary or unreasonable, unjust biased, oppressive, or discriminatory ; or
c) is based on irrelevant grounds ; or
d) involves the exercise of powers or the failure or refusal to do so, for corrupt or improper motives, such as, bribery, jobbery, favouritism, nepotism and administrative excesses; and
ii) neglect, inattention, delay, incompetence, inefficiency and ineptitude, in the administration or discharge of duties and responsibilities;
(1) The Ombudsman may on a complaint by any aggrieved person, on a reference by the Government , or on a motion of the Supreme Court or the High Court made during the course of any proceedings before it or of his own motion, undertake any investigation into any allegation of maladministration on the part of any Agency or any of its officers or employees:
Provided that the Ombudsman shall not have any jurisdiction to investigate or inquire into any matters which:-
(a) are subjudice before a Court of competent jurisdiction on the date of the receipt of a complaint, reference or motion by him or
(b) relate to the external relations or dealings of State with any foreign state or Government; or
(c) relate to, or are 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 those forces.
(2) Notwithstanding anything contained in subsection (1), the Ombudsman shall not entertain for investigation any complaint by or on behalf of a public servant or functionary concerning any matters relating to the Agency in which he is, or has been, working, in respect of any personal grievance relating to his service therein.
(3) For carrying out the objectives of this Act and, in particular for ascertaining the root causes of corrupt practices and injustice, the Ombudsman may arrange for studies to be made or research to be conducted and may recommend appropriate steps for their eradication.
No. The law permits a complainant to be represented by someone but the representative must have a written authorization for this purpose. Even otherwise the complainants are not required to be present on each date of hearing. Only at the time of joint hearing are the complainants required to be present, for which notice is issued to them.
All possible efforts are being made to undertake and complete the investigation without undue delay. The Office monitors performance targets for different Investigating Officers. It takes a maximum period of about four months to complete investigation (with some complex cases excepted) but many complaints are disposed of much earlier.
Any person aggrieved of maladministration committed by an Agency of the AJK Government (Exceptions are mentioned separately in answer to the next question) can lodge a complaint.In addition, the Ombudsman undertakes investigation on a reference by the Government or the Legislative Assembly, or on a motion of the Supreme Court or the High Court made during the course of any proceedings before it, or of his own motion into any allegation of maladministration of an Agency or any of its officers or employees.
The Ombudsman can entertain complaints against an Agency which means a Department, Commission or office of the Government of the Azad Jammu & Kashmir or a statutory corporation or other institutions established or controlled by it but DOES NOT include:
• – the High Court and courts working under the supervision and control of the High Court, and the Legislative Assembly of the AJK.
A government servant can also approach the office of the Ombudsman for redressal of his grievances against his own or any other department. However, this Office cannot entertain complaint by or on behalf of a public servant or functionary concerning any matters relating to the Agency in which he is, or has been, working, in respect of any personal grievance relating to his service therein. The process of recruitment and recommendation for appointment, if involves maladministration, can also be challenged.
No. The Ombudsman AJK does not undertake an investigation into anonymous or pseudonymous complaints.
No. The complaint must be made by the aggrieved person himself/herself.
The Provincial Ombudsman services are free.
1. In person
2. By Post
3. By email
4. Online via Facebook Page.
Complaints can be made in English or Urdu.
All complaints of maladministration defined in Ombudsman Act, 1992 can be filed. The definition of maladministration is reproduced below: -
i) a decision, process, recommendation, act or omission or commission which:- a) is contrary to law, rules or regulations or is a departure from established practice or procedure, unless it is bonafide and for valid reasons; or b) is perverse, arbitrary or unreasonable, unjust biased, oppressive, or discriminatory ; or c) is based on irrelevant grounds ; or d) involves the exercise of powers or the failure or refusal to do so, for corrupt or improper motives, such as, bribery, jobbery, favoritism, nepotism and administrative excesses; and ii) neglect, inattention, delay, incompetence, inefficiency and ineptitude, in the administration or discharge of duties and responsibilities.
There in no cost to a complainant either for filing a complaint before the Ombudsman or during its investigation. The complaint can be made on a simple piece of paper. There are no charges for providing a copy of the findings of the Ombudsman order.
The aggrieved person cannot approach the office the Ombudsman for redressal of any grievance in respect of which suit/plaint is pending adjudication in any court of competent jurisdiction. The complaint which has already been adjudicated by a competent court cannot be entertained by this Office.
It is not mandatory to first approach the higher officers of the Department/Agency to seek redress of grievance of maladministration. It is for the aggrieved person to decide, in which order he wants to take up his grievance for redressal.
The parties to the complaint can produce before the Investigating Officer: - documentary evidence duly attested. - Affidavit by the witnesses duly attested.
There are three investigating officers are working in the Head Office who assist the Ombudsman in the investigation of complaints and submit their findings. The Ombudsman then considers in detail facts of the case, relevant record and the assertions of the parties. He may give personal hearing to the parties to hear their point of view, if so required, and then passes the final orders.
The following procedure is followed in handling the complaints: - the day-to-day working of the Office, does not invoke strict/orthodox procedural and legal formalities. - A complainant can file his complaint either by post/e-mail or in person as per his/her convenience. - The format of the complaint is not strictly laid down. - It is normally registered on the day of its receipt and notice issued to the agency for submission of a report. - There is no court fee. Likewise the appearance of counsels is also not required although the complainant has the right of being represented. - A complaint is required to comprise the following: The complaint on plain paper Copy of the C.N.I.C. An affidavit on a plain paper regarding the veracity of the contents and the matter of complaint not being subjudice. Registration is not refused to incomplete complaints. The complainants are advised/approached to arrange the required documents. In case of any difficulty, the complainants have free access to the Hon’ble Ombudsman, the Secretary, Investigating Officers etc.