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The provincial government of Khyber Pakhtunkhwa on Wednesday announced the establishment of the office of Provincial Ombudsman for protection of the rights of people, ensuring adherence to rule of law, redressing and rectifying any injustice done to a person through maladministration, suppress corrupt practices and to ensure good governance.
The ombudsman office was established through promulgation of an ordinance called the Khyber Pakhtunkhwa, Provincial Ombudsman Ordinance 2010, which extends to the whole of province and shall come into force at once. Addressing a press conference, Khyber Pakhutunkhwa Minister for Law and Parliamentary Affairs, Arshad Abdullah said that the establishment of the office of provincial ombudsman was a long awaited issue as the rest of three provinces and federal government have already established it.
The purpose of the ombudsman office, he said was to ensure good governance, quick disposal of public complaints against different agencies and to keep check on different government departments and ministries. The ombudsman, he said would have the powers to form raiding teams, conduct raids, seize record of the relevant office and take legal action in case of maladministration. He said the only purpose is to check the misuse of powers by the government officials.
The minister further said that the ombudsman would have equal powers like high court, who would be appointed by the governor on the advice of the chief minister, saying that ombudsman could be a retired judge of the high court or a serving or retired civil servant of grade 21 and above. The ombudsman would hold the office for four years and shall not be eligible for any extension in his tenure or for re-appointment as provincial ombudsman under any circumstances.
The ombudsman shall in all matters perform his function and exercise his powers, fairly, honestly, diligently and independently of the executive and all executive authorities throughout the province shall act in aid of the provincial ombudsman. Appeals against any decision of the ombudsman could be made to the governor. At any time when the office of the provincial ombudsman is vacant or the ombudsman is absent or is unable to perform his functions due to any cause, the governor shall appoint an acting ombudsman during the intervening period.
The provincial minister for law and parliamentary affairs said that the ombudsman may, on a complaint made by any aggrieved person, or on a reference by the governor or the government or the provincial 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, undertake any investigation into any allegation of maladministration on the part of any agency or any of its officers or employees. The minister said that in case of complaint a person would have to submit affidavit and appear in person or be presented before the ombudsman, adding that there would be no need for hiring lawyer in this regard.

Copyright Business Recorder, 2010

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