Before ascertaining the
Institution of Ombudsman as a whole, it is worthwhile to summarize one-year
performance, which is obviously the upshot of the charismatic & captivating
leadership of the incumbent Ombudsman (Mohtasib) Khyber Pakhtunkhwa, Hon’ble
Syed Jamal uddin Shah; his Excellency served on various key positions in
the Provincial Government. His vast experience enhanced public confidence in
the institution (Ombudsman), resultantly a large number of complaints received
in the year 2022. The facts and figures divulge
that Ombudsman office received 2127 complaints in the year 2022 and 392 (complaints)
balance of the previous year. In total 2519 complaints, 1947 complaints were
disposed of, leaving a meager balance of 572 complaints which are under
investigation, nonetheless, on the recommendations of Ombudsman, a large number
of poor people attained justice. Thus people can attain speedy redressal of
their complaints by sending their complaints either electronically
(website:https://www.ombudsmankp.gov.pk/email: provincialombudsman@gmail.com)
OR hardcopy; should be properly addressed to Ombudsman KP. Ombudsman accepts
complaints on plain paper annexed with a copy of CNIC and
affidavit on plain paper, without engaging a lawyer.
There are various Accountability
Institutions, functioning in the Province of Khyber Pakhtunkhwa for improving
governance & transparency, which includes Right to Information Commission
(RTI), after the enactment of RTI Act, 2013 the official documents are no
longer confidential thus all documents regarding award of tender, shortlisting
of candidates, budget, funds, etc are exposed and transparent. Similarly,
Directorate of Anti-Corruption KP is also curbing corruption in public offices
which might hamper the government exchequer and can investigate cases
pertaining to misappropriation of public funds or matter related to financial
corruption under “Khyber Pakhtunkhwa Anti-corruption Establishment Rules 1999”.
In addition to it, Federal Accountability Institutions like National
Accountability Bureau, FIA, and Auditor General are also busy in ensuring good
governance & transparency through accountability. Though various
accountability institutions are functional, nevertheless, the practice &
procedures of Ombudsman Khyber Pakhtunkhwa are unique with incomparable
characteristics, which aims at protecting the rights of general masses and providing
inexpensive relief in case of administrative excesses, deceit, neglect,
unrestrained behaviors, uncertainty, and ineffectiveness of Government
Department & its functionaries including corporations and attached
departments. The main theme of an ombudsman is to provide speedy justice to the
people at the proverbial doorstep without engaging a lawyer or going through
lengthy & tough procedures. It aims at achieving an amalgamation of
judicial neutrality, independence, transparency, flexibility, ease in procedures
and insight into administrative processes. To be more specific, the Ombudsman
institution aims at resolving public complaints expeditiously, which arise out
of maladministration. Nevertheless, the theory of administrative accountability
makes logic under an organism whereas the relationship is perceived not to be
between the rulers and the subject rather between common people and government
functionaries. An Ombudsman can thus function in a true spirit, redressing
inequality, injustice, unfairness and enforcing administrative accountability
only in an independent and democratic environment. The interaction of people
with the government functionaries might result in malpractices and arising of
various cases of injustices, which may be different in nature. Some of them may
be petty and some may be bigger in nature. Keeping in view these injustices and
unfairness, there should be a check and effective protection mechanism over the
administrative affairs which may protect the people from uncertainty and injustices
as the gap between legality and justice has increasingly been widened. Hence in
this state of affairs, a mechanism for administrative accountability is
imperative for confidence building in the general public, enabling them to
receive a fair deal. In Pakistan, after a considerable delay, the Presidential
Order No.1 of 1983 paved way for the establishment of WafaqiMohtasib in 1983,
for ensuring good governance and administrative accountability, followed by
Sindh, Punjab, Balochistan and Khyber Pakhtunkhwa in 1991, 1996, 2001 &
2010 respectively for curbing malpractices, maladministration and ensuring good
governance through administrative accountability in respective provinces.
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