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Jurisdiction question: Ombudsman and Finance Department lock horns

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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.



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