Scribd Logo
Upload

Welcome to Scribd!

  • 71 views

    Report of Regular Inquiry Against Musheer Ahmed, (Late) Naib Nazir, Tehsil Sadiq Abad, District, Rahim Yar Khan

    Uploaded by

    Rehan Malik
    The document summarizes a regular inquiry report regarding the alleged misappropriation of Rs. 20,000 that was deposited in a court case. The initial inquiry found the late Naib Nazir, Musheer Ahmed liable, but the proceedings against him abated after his death. The appellate court remanded the case for re-consideration and fixing responsibility. The new inquiry officer determined that other officials like the bailiff and Naib Nazirs were also responsible. However, as the scope of the inquiry was limited to the late Naib Nazir, the officer proposed inquiring the other officials as well to determine liability. Ultimately, the report recommended the petitioners pursue a civil remedy and referred the matter back to the Senior Civil

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Report of Regular Inquiry Against Musheer Ahmed, (Late) Naib Nazir, Tehsil Sadiq Abad, District, Rahim Yar Khan

    Uploaded by

    Rehan Malik
    71 views6 pages
    The document summarizes a regular inquiry report regarding the alleged misappropriation of Rs. 20,000 that was deposited in a court case. The initial inquiry found the late Naib Nazir, Musheer Ahmed liable, but the proceedings against him abated after his death. The appellate court remanded the case for re-consideration and fixing responsibility. The new inquiry officer determined that other officials like the bailiff and Naib Nazirs were also responsible. However, as the scope of the inquiry was limited to the late Naib Nazir, the officer proposed inquiring the other officials as well to determine liability. Ultimately, the report recommended the petitioners pursue a civil remedy and referred the matter back to the Senior Civil

    Original Description:

    decision

    Original Title

    abc za

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document summarizes a regular inquiry report regarding the alleged misappropriation of Rs. 20,000 that was deposited in a court case. The initial inquiry found the late Naib Nazir, Musheer Ahmed liable, but the proceedings against him abated after his death. The appellate court remanded the case for re-consideration and fixing responsibility. The new inquiry officer determined that other officials like the bailiff and Naib Nazirs were also responsible. However, as the scope of the inquiry was limited to the late Naib Nazir, the officer proposed inquiring the other officials as well to determine liability. Ultimately, the report recommended the petitioners pursue a civil remedy and referred the matter back to the Senior Civil

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    71 views6 pages

    Report of Regular Inquiry Against Musheer Ahmed, (Late) Naib Nazir, Tehsil Sadiq Abad, District, Rahim Yar Khan

    Uploaded by

    Rehan Malik
    The document summarizes a regular inquiry report regarding the alleged misappropriation of Rs. 20,000 that was deposited in a court case. The initial inquiry found the late Naib Nazir, Musheer Ahmed liable, but the proceedings against him abated after his death. The appellate court remanded the case for re-consideration and fixing responsibility. The new inquiry officer determined that other officials like the bailiff and Naib Nazirs were also responsible. However, as the scope of the inquiry was limited to the late Naib Nazir, the officer proposed inquiring the other officials as well to determine liability. Ultimately, the report recommended the petitioners pursue a civil remedy and referred the matter back to the Senior Civil

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 6

    1

    ABDUL RASHEED VS. WAPDA ETC.

    REPORT OF REGULAR INQUIRY AGAINST MUSHEER


    AHMED,(LATE) NAIB NAZIR, TEHSIL SADIQ ABAD,
    DISTRICT, RAHIM YAR KHAN.

    REGULAR INQUIRY REPORT.

    The instant regular inquiry against Musheer Ahmed (late) the then

    Naib Nazir Civil Courts Sadiqabad was entrusted to the undersigned by the

    Senior Civil Judge,(Admin) Rahim Yar Khan vide his orders dated

    16.05.2018.

    The facts of the complaint in brief were that in suit titled “Abdul

    Rasheed Vs. WAPDA department Etc” an amount Rs.20,000/- was deposited

    in register (Alf) on 20.09.2013 at No.1126. Later on plaintiff moved an

    application for its withdrawal but Naib Nazir(accounts) Civil Courts,

    Sadiqabad reported that the amount was not mentioned in R.D register. The

    amount Rs.20,000/- received by the Bailif, Malik Saifur Rehman at that time

    serving at Sadiqabad and according to his version the same was handed over

    to Malik Musheer Ahmed Ex-Niab Nazir (Since died). The above mentioned

    matter was reported. Hence, the complaint and instant inquiry.

    After first regular inquiry the then learned Senior Civil Judge

    Mr.Muhammad Asif Rana made liable the accused official Musheer Ahmed

    (Late) Naib Nazir but as the said accused official was died in a road accident

    so, it was held that the claim of the complainant, alongwith 11 other

    complainants shall be satisfied from the estate/service dues of said late accused

    official.
    2

    Thereafter, one widow of the deceased/official Mst.Momal

    preferred an appeal against the said orders of the competent authority.

    Consequently, the appellate authority/Worthy District & Sessions Judge,

    Rahim Yar Khan, vide his orders dated 02.02.2015 remanded the matter for re-

    consideration and decision in accordance with law and rules after hearing the

    parties. In response to the orders of appellate authority, the matter was

    entrusted for preliminary investigative inquiry in order to fix the responsibility

    of the alleged misappropriation. It is pertinent to mention here that the

    competent authority had also directed to get registered a criminal case against

    the said accused/official. After a thorough preliminary inquiry into the matter

    the inquiry officer Mr. Muhammad Shafique, learned Civil Judge 1 st Class,

    Rahim Yar Khan reached at a conclusion that other responsible officials

    namely Muhammad Ameen bailiff, Hazoor Bukhsh, Abdul Rasheed Wains and

    Abdul Rasheed Bhatti Naib Nazir were also responsible as there was

    substance to proceed against the said officials alongwith the said

    accused/official Malik Musheer Ahmed the then Naib Nazir, Sadiqabad, who

    was overall Incharge of the Nazarat Branch of the said Sub-division. It was

    further opined that the terms and conditions of the service may abate upon the

    death of the deceased accused/official.

    As the instant inquiry was entrusted to the undersigned by the

    orders of the learned Senior Civil Judge, Rahim Yar Khan vide orders dated

    16.05.2018 with a direction to hold regular inquiry against only Musheer

    Ahmed (Late) the then Naib Nazir, Civil Courts, Sadiqabad, District Rahim

    Yar Khan. So, I restrained myself, while inquiring the instant matter, to inquire

    into any further against the other officials.


    3

    It has been held in a writ petition No.16949 of 2014 titled “Mst.

    S.Yaseem Vs. Pakistan Railways Etc.” that any employee who stood

    superannuated or who has expired during the pendency of disciplinary

    proceedings the proceedings will abate with the said happening. It was further

    held that with the death of the accused official disciplinary proceedings

    initiated against him shall stand abated and the respondent department shall be

    divested of the jurisdiction from imposing any penalty on its deceased

    employee. Hence, it can be said that penalty can be imposed on an employee

    who is alive and in service of department. As far as the complaints against the

    retired employees are concerned the Honourable Supreme Courts of Pakistan

    as well as the other Honourable High Courts have held in plenty of cases that

    disciplinary proceedings initiated against an employee abates with retirement.

    Reliance has been placed upon Chief Secretary, Government of Punjab and

    others Vs. Ch.Iftikhar Ahmed,(2013 SCMR 392), Muhammad Zaheer Khan

    Vs. Government of Pakistan through Secretary, Establishment and

    others,(2010 SCMR 1554), Roshan Dani and 11 others Vs. WAPDA through

    Chairman and 3 others,{2015 PLC (CS) 263}, Rashida Qadir Vs.

    Government of the Punjab through Chief Secretary, Civil Secretariat, Lahore

    and 4 others,{2005 PLC(CS) 538}, Syed Abdus Salam Kazmi Vs. Managing

    Director, WASA, Multan and another,{2005 PLC (CS)244}, Noor Ahmed

    Shah Vs. Government of N.W.F.P. through Secretary Education and 5

    others,{2003 PLC (CS) 1400} and Muhammad Anwar Bajwa, Executive

    Director, Agricultural Development Bank of Pakistan, 1-Faisal Avenue, Zero

    point, Islamabad Vs. Chairman, Agricultural Department Bank of Pakistan,

    Faisal Avenue, Zero point, Islamabad {2001 PLC (CS) 336}.


    4

    While on the other hand referring to the complaints against the

    deceased officials, the following case laws supports the version that the

    proceedings against the deceased official may be abated, depending upon the

    terms of the service 2013 SCMR 392 and 2006 SCMR 1287; in the same way

    in Indian Jurisdiction case titled “Devi Jahanti Vs. State of Behar and others

    {2001 (49) BLJR 2179} and Hira Bai Desh Mukh and others Vs. state of

    Maharashter (1986 Lab IC-248) are relevant.

    For what has been discussed above, I am of the view that

    the major penalty against the said official provided under the rules was

    dismissal from service but after the death of the accused/official when the

    charge against him and hearing was impossible; neither any penalty as

    provided in the rules nor which was opined by the previous learned inquiry

    officer could be awarded. Proceedings against the said deceased

    accused/official may be abated.

    As far as the criminal proceeding against the said official is

    concerned, the learned inquiry officer as per directions moved for lodging the

    FIR whereupon the DPO, Rahim Yar Khan opined that the said matter was

    related to the anti-corruption department. So, he referred the same to the

    concerned corner for action against the delinquent. It is worth mentioning here

    that the record is silent about any criminal proceedings if taken so far i.e by

    anti-corruption department etc; however, it should have been proceeded under

    the relevant law. Be that as it may, I am of the view that the petitioner may

    also avail civil remedy against the said accused official.


    5

    Cumulatively, in my humble view the proceedings against the

    said deceased accused official may be abated, however, the petitioners have

    had an opportunity to go for civil remedy.

    Moreover, the Nazirs were duty bound to scrutinize the record.

    The irresponsibility of other officials directly or indirectly involved in such

    matter should have been reported for inquiry [vide high court rules and orders,

    Vol-IV, CH.1, part-B(5)]. In the same way, Civil Nazir was also responsible for

    the management of accounts at outlying Tehsils [vide high court rules and orders,

    Vol-IV, CH.vi, part-A(9)]. After sudden death of accused official on 02.10.2013

    the other officials took temporary charge and then permanent Naib Nazir was

    deputed. As per preliminary inquiry report the relevant record was found

    tampered. Verily, the liability could not be attached solely to the deceased

    accused official.

    I, therefore, further propose that officials namely Muhammad

    Ameen bailiff, Hazoor Bukhsh, Abdul Rasheed Wains, Abdul Rasheed Bhatti

    Naib Nazir and the then Civil Nazir being Incharge of nazarat branch of

    District Rahim Yar Khan may be inquired to fix the responsibility.

    With these observations, report and file of this regular inquiry be

    respectfully placed before the learned Senior Civil Judge,(Admin) Rahim Yar

    Khan for appropriate orders.

    Announced:
    04.06.2018. FAHAD-UR-REHMAN,
    Inquiry officer/Magistrate Section 30,
    Rahim Yar Khan.
    6

    04.06.2018.
    O R D E R:
    Vide my separate detailed order of even date in English version,

    instant regular inquiry has been decided. The file of this regular inquiry and

    report is hereby sent to the learned senior civil Judge(Admin), Rahim Yar

    Khan for further actions.

    Announced
    04.06.2018. FAHAD-UR-REHMAN,
    Inquiry officer/Magistrate Section 30,
    Rahimyarkhan.

    You might also like