SHC suspends ombudsman's order against KE CEO
A two-judge bench comprising Justice Faisal Kamal Alam and Justice Hassan Akbar gave the order while hearing a petition filed by Moonis Alvi, who challenged the ombudsman's ruling on grounds of jurisdiction and procedural flaws.
The petitioner appeared in court with his counsel, Barrister Abid Zuberi, who argued that the provincial ombudsman had no legal authority to decide the case as K-Electric is an inter-provincial organisation, supplying electricity beyond Sindh to areas including Lasbela, Hub, and Winder. Barrister Zuberi further argued that such cases fall under the jurisdiction of the federal ombudsman, not the provincial one.
He also questioned the legal soundness of the ombudsman's findings, citing previous precedents where jurisdictional conflicts arose in similar cases involving the National Industrial Relations Commission (NIRC) and labour courts. Barrister Zuberi pointed out that the complaint relied heavily on WhatsApp messages and that the proceedings lacked due process.
Justice Alam inquired about the legal grounds of the provincial ombudsman's decision, to which the petitioner's counsel responded that both the removal order and the monetary penalty were unlawful. He prayed the court annul the decision and grant interim relief.
The bench suspended the implementation of the ombudsman's decision and directed the petitioner to deposit the Rs2.5 million in fine with the SHC registrar. The court did not grant the petitioner's plea for a reduction in the amount. It also issued notices to the provincial ombudsman and the complainant, Mehreen Zehra - former chief marketing officer at KE - for August 8.
Later in the day, the SHC issued a written order, noting that the provincial ombudsman lacks jurisdiction over complaints involving inter-provincial institutions and that such matters fall within the federal ombudsman's purview. The written order directed the deputy attorney general, the advocate general Sindh, and other relevant parties to submit their replies before the next hearing. The court also warned that failure to deposit the Rs2.5 million by the petitioner would result in the revocation of the interim relief.
On Thursday, the provincial ombudsman found Moonis Alvi guilty of harassment and ordered his removal from office, along with the imposition of the penalty. The court will take up the case again on August 8.
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