Pakistanis routinely accept unexplained delay from federal agencies as unavoidable, when a free statutory remedy exists specifically for it. It is not the answer to everything, but for passport delays, pension files that will not move, NADRA matters and utility complaints against federal utilities, it is genuinely effective and underused.
What counts as maladministration
| Conduct | Within jurisdiction? |
|---|---|
| Unreasonable delay in deciding an application | Yes - the commonest complaint |
| Inaction on a valid request | Yes |
| Arbitrary or unreasonable decision | Yes |
| Neglect, inattention or incompetence | Yes |
| Discrimination in the handling of a matter | Yes |
| Perverse or oppressive administrative action | Yes |
| Corruption or improper motive | Yes |
| A decision you simply disagree with, properly made | Generally not |
The distinction that matters is between how a decision was made and what was decided. The Mohtasib addresses maladministration in the process - delay, arbitrariness, neglect. A lawfully made decision you dislike is generally not maladministration, however disappointing.
Which bodies it covers
- Federal government departments and ministries.
- Federal agencies, authorities and statutory bodies.
- Federal utilities and corporations within its remit.
- NOT provincial departments - each province has its own ombudsman.
- NOT the superior judiciary or matters pending in court.
- NOT banking matters - that is the Banking Mohtasib.
- NOT insurance matters - that is the Insurance Ombudsman.
- NOT tax matters - the Federal Tax Ombudsman handles those.
Pakistan has several specialised ombudsmen, and filing with the wrong one costs weeks. Banking goes to the Banking Mohtasib, tax to the Federal Tax Ombudsman, insurance to the Insurance Ombudsman, provincial departments to the provincial ombudsman - see banking complaints.
What it cannot do
- Matters pending before a court or tribunal are outside jurisdiction.
- Service matters of government employees generally fall outside.
- Matters of defence and external affairs in defined respects.
- It does not substitute for an appeal provided by the governing statute.
- It cannot award damages as a court would.
- It cannot direct a body to act beyond its lawful powers.
Point four matters practically. Where the department's own statute gives you an appeal or review, use it - the Mohtasib is not a shortcut around a statutory remedy you have not attempted.
How to file
- Approach the department first and give it a reasonable opportunity.
- Keep the reference number and any response, or evidence there was none.
- File the complaint in the prescribed form, on affidavit as required.
- Set out the facts in date order, briefly and factually.
- Attach the documents - application, receipts, correspondence.
- State the relief sought clearly.
- Confirm the matter is not pending in court.
- Observe the time limits that apply.
Confirm the current procedure, forms, time limits and any online facility at mohtasib.gov.pk. The service is free and legal representation is not required.
Writing a complaint that works
- Keep it short. Two pages of dated facts beats ten of grievance.
- Lead with what you applied for and when.
- Give the reference numbers the department itself uses.
- State exactly what has not happened, and for how long.
- Attach proof of each step you took.
- Say what you want - a decision, a refund, a correction.
- Avoid allegations you cannot evidence.
The most effective complaints read like a chronology, not a protest. "Applied 12 March, receipt attached; followed up 4 May and 19 June, copies attached; no decision as at today" is far more actionable than several pages describing how badly you have been treated.
What happens next
- The complaint is admitted and referred to the agency for a response.
- The agency replies and you may be given an opportunity to comment.
- Investigation, which may include hearings.
- Findings and recommendations are issued to the agency.
- Implementation is monitored.
- Representation to the President is available under the Federal Ombudsmen Institutional Reforms Act 2013 if either side is dissatisfied.
Many complaints resolve at step two, simply because the referral prompts a department to deal with a file that had stalled. That alone makes it worth filing.
Provincial ombudsmen and other forums
If your complaint is against a provincial body, the Wafaqi Mohtasib is not the forum. Each province has its own ombudsman, and there are specialised forums besides.
| Complaint against | Forum |
|---|---|
| Federal department or agency | Wafaqi Mohtasib |
| Provincial department | The provincial ombudsman for that province |
| A bank | Banking Mohtasib |
| An insurer | Insurance Ombudsman |
| Tax authorities | Federal Tax Ombudsman |
| Workplace harassment | The Ombudsperson for protection against harassment |
| A private business | Consumer forum, or civil proceedings |
Where a matter straddles more than one - a provincial utility billing dispute with a federal element, for instance - take advice before filing rather than lodging with both and having each defer to the other.
Establish which body you are actually complaining about before choosing a forum. People often name the office they visited rather than the legal entity responsible, and a complaint filed against the wrong body is returned rather than transferred - see complaining about deficient services.
Complaints that commonly succeed
| Complaint | Why it works |
|---|---|
| Passport application stalled without explanation | Clear delay, documented |
| Pension file not processed | Entitlement established, inaction evident |
| NADRA application pending unreasonably | Dates and receipts prove it |
| Federal utility billing dispute unresolved | Correspondence shows non-response |
| Refund or dues not released | Amount and entitlement documented |
| Application repeatedly returned without reason | Pattern is demonstrable |
The pattern is consistent: complaints succeed where the entitlement is clear and the failure is one of process, evidenced by dates and receipts. Complaints asking the Mohtasib to substitute a different decision on the merits generally do not.
Frequently asked questions
What does the Wafaqi Mohtasib do?
It investigates maladministration by federal government departments and agencies - unreasonable delay, inaction, arbitrary decisions, neglect, discrimination and oppressive administrative action. The service is free.
Do I need a lawyer?
No. The service is free and legal representation is not required, though complex matters can benefit from help in framing the complaint.
Which bodies fall outside its jurisdiction?
Provincial departments, which have their own ombudsmen, plus banking matters (Banking Mohtasib), tax matters (Federal Tax Ombudsman) and insurance (Insurance Ombudsman). Filing with the wrong one costs weeks.
Can it overturn a decision I disagree with?
Generally not. It addresses how a decision was made - delay, arbitrariness, neglect - rather than substituting a different decision. A lawfully made decision you dislike is usually not maladministration.
Do I have to approach the department first?
Yes, give it a reasonable opportunity and keep the reference number and any response. Also check whether the governing statute gives you an appeal, since the Mohtasib is not a shortcut around an unused statutory remedy.
What makes a complaint effective?
A short, dated chronology - what you applied for and when, the department's own reference numbers, exactly what has not happened and for how long, with proof of each step attached, and a clear statement of the relief sought.
What if I am unhappy with the findings?
Either party may file a representation to the President under the Federal Ombudsmen Institutional Reforms Act 2013.
What kinds of complaint usually succeed?
Those where the entitlement is clear and the failure is one of process - a stalled passport application, an unprocessed pension file, a pending NADRA application, or dues not released - evidenced by dates and receipts.
What if my complaint is against a provincial department?
Each province has its own ombudsman, and the Wafaqi Mohtasib is not the forum. There are also specialised bodies for banking, insurance, tax and workplace harassment.
How do I know which body to name?
Identify the legal entity responsible rather than the office you visited. A complaint filed against the wrong body is returned rather than transferred, so establish this before filing.
Sources & official references
- Wafaqi Mohtasib - the Federal Ombudsman of Pakistan
- Federal Ombudsmen Institutional Reforms Act 2013 - ombudsman procedure and representations
- Supreme Court of Pakistan - judgments and case information