SHAKEEL AHMAD, J.---By means of this Constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners seek the following relief:-- "In view of the above submissions, it is, therefore, humbly prayed that on acceptance of this petition, this Honourable Court may very graciously be pleased to issue writ declaring the office order # 12 (S.Advisor-MIP)WMS/2017 dated 09.02.2017, issued by respondent No,4 and actions/inactions taken as a consequence thereof by respondent No,5 to be illegal, void, ab-initio, without jurisdiction and without lawful authority and against the provisions of constitution.
2. The brief facts of the case are that the petitioners are the permanent residents of District Lakki Marwat, they filed a complaint before the learned Wafaqi Mohtasib (Ombudsman) having 1-A tariff with sanctioned load of 1 KW, against the WAPDA/PESCO for maladministration of unjust arrears of 1,99,171/- in respect of different reference numbers in the billing month of July, 2016. They repeatedly requested the agency for redressal. of their grievances, but in vain. Vide order dated 19.9.2016, the learned Wafaqi Mohtasib (Ombudsman), after hearing the parties, made the following recommendations for implementation:-- "8. In view of the position contained in paras 6 to 7 above, the Agency is advised to consider the matter and adopt the procedure/ rules which were violated by it, resulting in maladministration which cause the complaint and both assessments are liable to be withdrawn and cancelled and the complainant shall pay his actual/remaining arrears if any and to take remedial Action for the redressal of grievance of complainant in accordance with facts as stated at Para-7 on merits and as per law, rules/procedure.
9. To take disciplinary action against the delinquent officer/official involved in the maladministration under relevant law applicable to him.
10. Compliance should be reported within thirty days of the receipt of a copy of these findings or reasons for non-compliance be intimated in terms of Article 11(2) of President's Order No, 1 of 1983.
This issue with the approval of the Honourable Wafaqi Mohtasib, Mr. M. Salman Faruqui, Nishan- eImtiaz. Duly appraised.
3. Vide letter dated 09.02.2017, the learned Wafaqi Mohtasib, asked the XEN PESCO not to implement the aforementioned findings on the ground that in all the cases in which relief of over rupees hundred thousand was given, will be re-examined in the office. Not contended with the same, the petitioners filed the instant constitutional petition.
4. It has been argued by the learned counsel for the petitioners that in earlier round of litigation, the learned Wafaqi Mohtasib redressed the grievance of the petitioner, however, due to issuance of Letter dated 09.02.2017, the recommendations of the learned Wafaqi Mohtasib could not be implemented.
5. Arguments heard and record perused.
6. Perusal of the record reveals that vide letter dated 25.9.2017, the learned Wafaqi Mohtasib decided to re-examine all those cases in which relief of over rupees hundred thousand was given and in the meanwhile, XENs were directed not to implement the earlier findings/recommendations made by him. When the learned counsel for the petitioners was confronted with Article 29 of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, he remained answerless. It will be advantageous to reproduce Article 29 of the ibid Order, which reads as under:- "29. Bar of Jurisdiction.---No Court or other authority shall have jurisdiction--- (1)to question the validity of any action taken, or intended to be taken or order made, or anything done or, purporting to have been taken, made or done under this Order; or (2)to grant an injunction or stay or to make any interim order in relation to any proceedings before, or anything done or intended to be done or purporting to have been done by, or under the orders of at the instance of the Mohtasib".
7. No doubt, the learned Wafaqi Mohtasib had made recommendations for redressal of the grievances of the petitioners, but vide letter dated 09.02.2017, addressed to all the XENs, he decided to re-examine the matter. Under Article 32 of the ibid Order, the petitioners may approach to the President, if they have any grievances against the decision or order of the Mohtasib within thirty days of the decision or order, but instead of availing the remedy provided under Article 32 of the ibid Order, the petitioners have filed the instant constitutional petition, challenging therein the order of the learned Wafaqi Mohtasib, therefore, in our view the constitutional petition is not maintainable, This petition along with C.M. No,1310-D/ 2017 and 236-D/2018, being bereft of merit is dismissed in limine.