Jurisdiction question: Ombudsman and Finance Department lock horns
The department says Ombudsman’s jurisdiction does not extend to pensions
The department further observed that under Section 9(1) (a) of the law, the ombudsman could not investigate any issue that was being heard in a court of competent jurisdiction. PHOTO: FILE
LAHORE:
The provincial ombudsman and the Finance Department have locked horns over a matter regarding the restoration of 50 per cent of the commuted portion of pensions with the increases allowed to retired officials by the government, The Express Tribune has learnt.
The ombudsman had recently ordered the finance secretary to restore the 50 per cent commuted pensions with all the increases announced by the government for retired officials.
The Finance Department then observed that under Section 11(2) of the Punjab Office of the Ombudsman Act 1997, they could not comply with the directions as the matter lay outside of his purview.
The department further observed that under Section 9(1) (a) of the law, the ombudsman could not investigate any issue that was being heard in a court of competent jurisdiction. The matter, it said, was before the Supreme Court of Pakistan after it granted leave to appeal for reconsideration in the light of the Punjab government’s stance.
The department said that the ombudsman was barred from inquiring into any matter pertaining to the terms and conditions of services. As the issue of pensions fell in that domain, it fell outside the ombudsman’s jurisdiction. Such matters were exclusively dealt with by the Punjab Services Tribunal.
According to the department, the ombudsman could only investigate and inquire into matters pertaining to maladministration by departments and government agencies. Any action on the issue of pensions should be taken up in court.
The Finance Department maintained that no malpractice was indicated in the matter.
A senior official at the department said that the department had written to the Ombudsman conveying its reservations and requested non-interference in financial matters.
The Ombudsman’s Public Relations Director said that the ombudsman’s secretary was scheduled to meet with the finance secretary to discuss the matter.
The ombudsman would continue to play his role in all matters according to the 1997 law, he said.
The provincial ombudsman and the Finance Department have locked horns over a matter regarding the restoration of 50 per cent of the commuted portion of pensions with the increases allowed to retired officials by the government, The Express Tribune has learnt.
The ombudsman had recently ordered the finance secretary to restore the 50 per cent commuted pensions with all the increases announced by the government for retired officials.
The Finance Department then observed that under Section 11(2) of the Punjab Office of the Ombudsman Act 1997, they could not comply with the directions as the matter lay outside of his purview.
The department further observed that under Section 9(1) (a) of the law, the ombudsman could not investigate any issue that was being heard in a court of competent jurisdiction. The matter, it said, was before the Supreme Court of Pakistan after it granted leave to appeal for reconsideration in the light of the Punjab government’s stance.
The department said that the ombudsman was barred from inquiring into any matter pertaining to the terms and conditions of services. As the issue of pensions fell in that domain, it fell outside the ombudsman’s jurisdiction. Such matters were exclusively dealt with by the Punjab Services Tribunal.
According to the department, the ombudsman could only investigate and inquire into matters pertaining to maladministration by departments and government agencies. Any action on the issue of pensions should be taken up in court.
The Finance Department maintained that no malpractice was indicated in the matter.
A senior official at the department said that the department had written to the Ombudsman conveying its reservations and requested non-interference in financial matters.
The Ombudsman’s Public Relations Director said that the ombudsman’s secretary was scheduled to meet with the finance secretary to discuss the matter.
The ombudsman would continue to play his role in all matters according to the 1997 law, he said.