Ombudsman cannot act as substitute for every statutory forum: FCC

Islamabad: The Federal Constitutional Court (FCC) has issued a ruling affirming that the Ombudsman cannot assume jurisdiction over matters expressly entrusted to another designated authority. According to the court's decision authored by Chief Justice Amin-ud-Din Khan, the Ombudsman's power to enlarge its jurisdiction or usurp statutory functions is strictly limited to the boundaries set by the law.

The court emphasized that the term "maladministration" serves as the core determinant in establishing the Ombudsman's jurisdiction under Article 9 of the Order of 1983. The court further clarified that jurisdiction cannot be expanded beyond statutory limits nor restricted by interpreting "maladministration" solely as a violation of law, but rather must be derived from the explicit language of Article 2(2).

The judgment stated that when the agency's conduct matches any of the statutory descriptions of maladministration and does not fall under an express exclusion, the Ombudsman is empowered to investigate and, if warranted, apply remedial measures as permitted by law. However, if the essential elements are absent, assuming jurisdiction would constitute an excess of authority under the 1983 Order.

The case stemmed from Javed Iqbal Bhatti's employment with Askari Bank Limited from 2008 to 2014, for which he was granted an old-age pension in December 2015. When the Supreme Court ruled that the Employees' Old-Age Benefits Act did not apply to banking institutions, Bhatti's entitlement to benefits under the Act ceased. Disputing the Ombudsman's order to pay the pension, the case reached the Islamabad High Court, which declined to interfere, thus paving the way for the FCC's involvement.

The FCC's ruling affirmed that the Ombudsman's order was void due to the lack of jurisdiction, and its affirmation by higher authorities did not confer legal validity. The court concluded that the Respondent's claim for an old-age pension under the Employees' Old-Age Benefits Act was a matter of statutory entitlement, falling outside the Ombudsman's jurisdiction, and thus could not be transformed into a complaint involving maladministration.