IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
Present: 
Mr. Justice Iftikhar Muhammad Chaudhry, CJ 
Mr. Justice Ijaz Ahmed Chaudhry 
Mr. Justice Gulzar Ahmed 
 
Civil Miscellaneous Application No.3393/2013  
(Application by Syed Adil Gilani against appointment of Federal Ombudsman) 
 
In 
Constitution Petition No.30 of 2013 
 
Khawaja Muhammad Asif 
Petitioner (s) 
 
VERSUS 
Federation of Pakistan & others 
Respondent(s) 
 
 
Applicant (s) 
: 
Nemo. 
 
 
 
ON COURT NOTICE 
: 
Mr. Munir A.Malik, 
Attorney General for Pakistan 
 
 
 
For the Wafaqi Mohtasib Sectt: 
: 
Mr. Imtiaz Kazi, Secretary 
 
 
 
For M/o Law 
: 
Nemo. 
 
: 
 
For Establishment Division 
: 
Nemo. 
 
 
 
For PSPM 
: 
Nemo. 
 
 
 
For Mr. Salman Faruqui 
: 
Mr. Wasim Sajjad, Sr.ASC  
 
 
 
Date of Hearing 
: 
10.06.2013 
 
ORDER 
 
 
The Secretary Ombudsman has filed a report through CMA 
No.3644 of 2013. Notification dated 01.03.2013, issued by Imtiaz 
Kazi, Secretary, Wafaqi Mohtasib (Ombudsman) Secretariat  has been 
filed, perusal whereof indicates that Mr. Salman Faruqui has been 
appointed as Wafaqi Mohtasib (Ombudsman). The said notification is 
reproduced as under: - 
C.M.A.No.3393/13 in Const.P.no.30 of 2013 
- 2 - 
 
 
 
“WAFAQI MOHTASIB (OMBUDSMAN)’S SECRETARIAT,  
 
 
 
 
 
ISLAMABAD 
 
 
 
 
 
 
 
 
Islamabad, 1st March, 2013 
 
 
 
 
 
NOTIFICATION 
 
 
No.F.1(632)/A-II/2012. In exercise of powers conferred on him 
by Articles 3 and 4 of the Establishment of the office of Wafaqi 
Mohtasib (Ombudsman) Order 1983 (P.O.1 of 1983) and all other 
powers enabling him in that behalf, the President, Islamabad Republic 
of Pakistan is pleased to appoint Mr. M. Salman Faruqui, as Wafaqi 
Mohtasib (Ombudsman). 
 
 
2. 
 
Mr. M. Salman Faruqui assumed the charge of the Office 
of the Wafaqi Mohtasib (Ombudsman), today, the 1st March, 2013. 
 
Sd/- 
(IMTIAZ KAZI) 
Secretary” 
 
 
The Secretary Ombudsman was asked to explain as to whether in 
all cases whenever Ombudsman is appointed a separate Notification as 
in the case of Mr. Salman Faruqui reproduced hereinabove is issued by 
the Ombudsman Office. He stated that on assumption of the charge 
such Notifications are issued, which are also treated as charge 
assumption report. Be that as it may, all the Notifications of the 
Ombudsman from 1983 onward be filed by him by tomorrow with the 
Registrar of this Court to ascertain the procedure being followed in the 
office of the Ombudsman for the appointment of the Ombudsman. He 
further stated that a separate charge report is also prepared by the 
Ombudsman on assumption of the charge. He also explained that copy 
of the above reproduced Notification, issued by the office of the Wafaqi 
Mohtasib 
(Ombudsman)’s 
Secretariat, 
Islamabad 
was 
endorsed/forwarded to the Manager, Printing Corporation of Pakistan 
Press, Karachi for its publication in the Gazette of Pakistan and it was 
accordingly published on the same day. Further, the oath taking 
ceremony of the Ombudsman had also taken place on the same day i.e 
01.03.2013. We inquired from him as to whether any request from the 
C.M.A.No.3393/13 in Const.P.no.30 of 2013 
- 3 - 
 
office of Wafaqi Mohtasib (Ombudsman)’s Secretariat, Islamabad was 
sent for seeking time from the Worthy President to administer oath, he 
stated that no such request was sent as at that time Mr. Salman 
Faruqui was working in the Presidency, therefore, the oath was 
administered there. We fail to understand that in such like situation 
when the copy of the Notification was also forwarded/endorsed to the 
Secretary to the President, President’s Secretariat (Public), Aiwan-e-
Sadr, Islamabad the process and procedure of witnessing of oath 
taking ceremony must have been followed. Inasmuch as Mr. Imtiaz 
Kazi is concerned, he stated that he has not attended the oath taking 
ceremony of Ombudsman held on 01.03.2013 in the Presidency. He 
further stated that Mr. Salman Faruqui is at present in United States 
for the treatment of his lady wife, however when we inquired from him 
whether leave for any specified period has been sanctioned, he stated 
that neither he knows about the sanctioning of leave nor he has 
received any Notification in this regard from the Ministry of Law. He 
stated that no case for sanctioning of leave was referred by Wafaqi 
Mohtasib (Ombudsman)’s Secretariat. It is to be noted that such 
applications like leave etc., under the Rules of the Business have to be 
routed from the Administration Department, Prime Minster Secretariat 
for formal approval, the same is to be placed before the President of 
Pakistan. In the instant case no such procedure seems to have been 
followed by him. It is also to be noted that in view of the Section 4 of 
the Federal Ombudsmen Institutional Reforms Ordinance, 2013 in 
absence of the Federal Ombudsman, the Federal Tax Ombudsman 
shall act as Wafaqi Mohtasib (Ombudsman), in addition to his own 
C.M.A.No.3393/13 in Const.P.no.30 of 2013 
- 4 - 
 
duties. We inquired from Mr. Imtiaz Kazi as to whether he has 
intimated to the Federal Tax Ombudsman to discharge his functions in 
accordance with Section 4 to which his reply was in negative.  
2. 
 
Registrar of this Court may send a letter to the Federal Tax 
Ombudsman, seeking information from him as to whether in 
pursuance of Section 4 of the Ordinance, appointment of the Acting 
Ombudsman was made and whether he has assumed duties/functions 
as an Acting Ombudsman. In this behalf the Registrar may also 
procure the statement from him. 
3. 
 
Mr. Imtiaz Kazi, Secretary further stated that copy of the 
Notification dated 01.03.2013 was forwarded by the Ombudsman 
Office to 14 functionaries, list of which is available at the bottom 
thereof including the AGPR, Islamabad. Surprisingly a Certificate dated 
08.06.2013 under the title “TO WHOM IT MAY CONCERN’ has been 
placed on record at page 18 in CMA No.3644/13. A perusal whereof 
indicates that Mr. Salman Faruqui has drawn pay and allowances as 
Wafaqi Mohtasib from 1st March, 2013. He was issued Cheque 
No.4304413 and 4304414 for his pay and allowances for the month of 
March and April, 2013 respectively.  From perusal of the certificate 
impression can be gathered that no intimation was sent to the AGPR. 
As according to the practice if a person is already functioning in office 
on his appointment he relinquishes the charge of the same and since 
Notification either himself or through the Department to AGPR, who is 
required to appoint the Officer and monthly amount of the salary is 
credited to his account and at the same time monthly pay slip is also 
issued by the AGPR but it seems that as per the certificate referred 
C.M.A.No.3393/13 in Const.P.no.30 of 2013 
- 5 - 
 
hereinabove he has received his salary through the cheques 
mentioned in the certificate. It is necessary to look into the travelling 
history of the Notification dated 01.03.2013, maintained in the 
dispatch register by the office of the Ombudsman to ascertain as to 
when the intimation was sent to the AGPR. Similarly, the Secretary is 
directed to highlight the entries in the original dispatch register of 
Ombudsman Secretariat from where the copies endorsed to other 
functionaries were sent and the same be deposited in the office of the 
Registrar of this Court for further probe into the matter. It is also to be 
observed that stately on 25.02.2013, the Ministry of Law and Justice 
had issued a Notification a copy of which is available in the file, which 
has been deposited. Contents of the Notification dated 25.02.2013 is 
as under: - 
Government of Pakistan 
Ministry of Law and Justice 
*** 
 
 
 
 
 
 
 
Islamabad, the 25th February, 2013 
 
 
 
 
 
NOTIFICATION 
 
 
No.F.1(8)/2012-A.I. In exercise of powers conferred 
by Article 3 and 4 of the Establishment of the office of 
Wafaqi Mohtasib (Ombudsman) Order 1983 (P.O.1 of 
1983), the President is pleased to appoint Mr. M. Salman 
Faruqui, as Wafaqi Mohtasib (Ombudsman) for a period of 
four years from the date he assumes the charge of the 
said office. 
 
Sd/- 
Justice (R) 
Yasmin Abbasi 
Secretary” 
 
4. 
 
Interestingly 
the 
copy 
of 
this 
Notification 
was 
not 
dispatched to anyone of the offices as it has been endorsed in the 
Notification dated 01.03.2013. Let the Secretary, Ministry of Law and 
Justice Division explain the traveling history of the Notification dated 
C.M.A.No.3393/13 in Const.P.no.30 of 2013 
- 6 - 
 
25.02.2013 before 11.06.2013, by depositing the dispatch register etc. 
with Registrar of this Court. The office is directed to intimate this order 
today positively to the Secretaries, Law and Justice and Ombudsman. 
5. 
 
Mr. Wasim Sajjad, learned Sr.ASC requested for time to file 
Power of Attorney on behalf of Mr. Salman Faruqui. At his request the 
matter is adjourned to 20.06.2013.    
 
 
 
 
 
 
Chief Justice 
 
 
 
 
Islamabad 
Judge 
10.06.2013 
*Rabbani*