Last Updated: Monday May 19, 2008
Wafaqi Mohtasib
(Investigation and Disposal of Complaints’) Regulation, 2003
[Gazette
of
S.R.O.76(KE)/2004,
,dated 4th March, 2004.---In supersession of the Wafaqi Mohtasib
Investigation and Disposal of Complaints Regulations, 1999, as amended through
Notification S. R. O. No. 95(KE)/2003, dated 13th September, 2003, and in
exercise of the powers conferred upon him by clause (11) of Article 10 of the
Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order,. 1983, the
Mohtasib is pleased to make the following Regulations:--
In exercise of
the powers conferred by clause (11) of Article 10 of the Establishment of the
Office of Wafaqi Mohtasib (Ombudsman) Order, 1983. (P.O. No. 1 of 1983), the
Mohtasib is pleased to make the following regulations:--
CHAPTER-1
INTRODUCTION
1. Short
title and commencement. ---(1) These regulations may be called the Wafaqi
Mohtasib (Investigation and Disposal of Complaints) Regulations, 2003.
(2) These shall
come into force with effect from
2.
Definitions.---(1) In these Regulations unless there is anything repugnant
in the subject or context,--
(a)
"Article" means an Article of the Establishment of the Office of
Wafaqi Mohtasib (Ombudsman) Order, 1983 (P.O. No.1 of 1983);
(b)
"Authorised Officer" means an officer of the' Secretariat authorized
by the Mohtasib for admission or rejection of complaints at the preliminary
examination stage;
(c) "Disposal" means the completion of all proceedings of a
complaint.
(d)
"Examination" means scrutiny of complaints by the Registrar or
Authorised Officer at the preliminary stage or by the Investigating Officer on
commencement of investigation;
(e) "Form" means a form appended to these Regulations;
(f) "Head
Office" means the principal seat of the Wafaqi Mohtasib (Ombudsman)
Secretariat at
(g)
"Hearing" 'means the process of ascertaining facts by oral hearing of
one or all of the parties, including examination of the record and spot
inspection;
(h)
"Investigation" means enquiry and investigation of allegations raised
in a complainant till its disposal;
(i) "Record
Room" means the record room at the Head Office where the files are
consigned after disposal;
(j)
"Regional Offices" means the Regional Offices of the Secretariat
established at Lahore, Karachi, Peshawar, Quetta, Sukkur, Multan, Faisalabad
and D.I. Khan or at any other place which may be established under clause (4)
of Article 9;
(k) "Registrar"
includes a Deputy Registrar, Assistant Registrar or any other officer assigned
the duties of the Registrar:
(l)
"Registry" means an office in the Head Office or Regional Offices
where the complaints are presented or received. .
(m)
"Secretariat" means the entire establishment of the Office of
Mohtaisb, including the Head Office and Regional Offices; and
(n)
"Secretary" means the Secretary of the Wafaqi Mohtasib's terms (2)
All other terms and expressions used in these Regulations Office.
(2) All others
terms and expressions used in these Regulations but not defined hereinbefore
shall have the same meanings as have been assigned to them in the Establishment
of the Office of Wafqi Mohtasib (Ombudsman) Order, 1983 (P.O. No. 1 of 1983).
CHAPTER-II
PROCEDURE
FOR REGISTRATION OF COMPLAINTS
3.
Presentation of Complaints. ---(1) A complaint written in English or Urdu
may be presented at the Head Office, or any of the Regional Offices having
jurisdiction, by the complainant personally or through his representative or
submitted by post or courier service.'
(2) The
territorial jurisdiction of the Head office and Regional Offices shall be as
specified in the Schedule to these Regulations which may be modified by the
Mohtasib by an order in writing:
Provided that the
Mohtasib may direct that a complaint falling within the territorial
jurisdiction of one Office may be investigated at another Regional Office or
the Head Office.
(3) Every
complaint should, wherever, possible, be accompanied by WMS Form "A".
(4) If a complaint
is not accompanied by WMS-Form 'A', it shall be accompanied by a solemn
affirmation that--
(a) the
allegations contained in the complaint are correct and true to the best of
knowledge and belief of the complainant.
(b) previously
no complaint on the subject was filed at the Head Office or any of the Regional
Offices.
(c) no suit,
appeal, petition or any other judicial proceedings in connection with the
subject-matter of the complaint is pending before any Court, Tribunal-or Board,
and ;
(d) a representation
to a competent authority of the Agency in respect of the allegations contained
in the complaint was made, but either no reply thereto was given within a
reasonable time or the representation had unjustly been turned down.
(5) On receipt
of a complaint, the concerned official in the Registry shall enter the
particulars of the complaint in the diary register giving it a diary number,
issue acknowledgement thereof to the complainant and forward it to the
Registrar.
(6) The
official receiving the complaint shall assist the complainant in filling the
WMS-Form "A", if such assistance is required.
4.
Examination by the Registrar.---(1) The Registrar shall, on receipt of the
complaint from the Registry,---
(i) allot a registration number to the complaint;
(ii) examine the complaint along with the documents attached therto;
(iii) analyse the main points of the complaint;
(iv) enter the main grievance on WMS-Form "B"; and
(v) forward the
complaint for admission or rejection by the Mohtasib or the Authorised Officer.
(2) Where the
Registrar finds that a complaint requires further information, verification of
facts, or documents, he may ask the complainant for provision of such
information, verification of facts or documents.
5. Admission
and rejection of complains at preliminary stage.-(1) Where the grievance
of a complainant against an Agency prima facie amounts to maladministration,
and the complaint is not incompetent under the provisions of paragraphs (a),
(b) or (c) of the proviso to clause (1) of Article 9 or clause (2) of the said
Article, and is not barred under the provisions of clause (2) or clause (3) of
Article 10, the Mohtasib, or authorized Officer, may admit the complaint for
investigation.
(2) Where,
prima facie, a complaint is incompetent under the provisions of paragraphs (a),
(b) or (c) of the proviso to clause (1) of Article 9 or clause (2) thereof, or
is barred under clause (2) or clause (3) of Article 10, or does not require any
investigation for any other reason, the Mohtasib or, as the case may be the
Authorized Officer may reject the complaint at limine stage:
Provided that.
Mohtasib may, in his discretion, direct that such matter may be resolved
informally under Article 33 without docketing the complaint.
(3) Where the
complaint is admitted under sub-regulation (1), the Registrar shall issue an
acknowledgement of the receipt of the complaint to the complainant and pass it
on to the Investigating Officer authorized to investigate into complaints
against a particular Agency.
(4) Where a complaint
is rejected in limine, the Registrar shall inform the complainant the reasons
for rejection of the complaint and consign the file to the Record.
6.
Institution and Disposal Statement.---The Secretary shall, by the tenth day
of each month, submit to the Mohtasib, in WMS Form "D", a statement
relating to the institution and disposal of complaints for and up to the end of
the preceding month.
7.
Presentation of complaints to Mohtasib and personal hearings.---(1) The
Mohtasib may hold personal hearings at the time of presentation of complaints
on such dates and time as he may indicate from time to time.
(2) Where a
complainant desires to present the complaint in person to the Mohtasib he
shall, in the first instance, present it to the Director-General (Complaints)
at the Head Office, or the Registrar at the Regional Office, at least two hours
before the time of hearing fixed by the Mohtasib under sub-regulation (1).
(3) The
Director-General/Consultant (Complaints) or, as the case may be, the Registrar,
shall record the particulars of the complaint in WMS-Form "C" and
place the complaint before the Mohtasib for personal hearing of the complaint
and further orders.
(4) If the
Mohtasib is not available on a particular date fixed for hearing the
complainant shall be informed of the next date and time of hearing.
(5) The orders
of the Mohtasib on the complaints made under sub-regulation (3) shall be
incorporated in WMS-Form "B".
8.
Complaints against Secretariat Staff.---Complaints against any Officer or
member of the Staff of the Secretariat shall immediately be forwarded by the
Registrar at the Head Office and the Incharge of the Regional Office, as the
case may be, to the Secretary for orders by the Mohtasib.
9.
Preliminary processing of complaints not to be delayed.---(1) The Registrar
shall make every effort to ensure that the registration of complaints, their
preliminary examination and submission to the Authorised Officer or Mohtasib,
acknowledgement of receipt after admission, and entrustment to the Investigating
Officers is not delayed.
(2) The
Director-General (Complaints) and the Incharge of each Regional Office, shall
personally ensure speedy processing of complaints before entrusting them to
Investigating Officer for investigation.
CHAPTER-III
PROCEDURE
FOR PROCESSING OF COMPLAINTS BY INVESTIGATING OFFICERS
10.
Entrustment of complaints to Investigating Officers.---(1) For the purpose
of investigation of the allegations made in the complaint the Mohtasib may, by
order in writing generally or in a particular case, authorize any officer of
the Secretariat to exercise the powers under clause (1) and (3) of Article 14.
(2) A complaint
may be sent for investigation to a Regional Officer or, the Head Office, where
the grievance is against any Agency located within the territorial jurisdiction
of such Office:
Provided that
the Mohtasib may direct that a case may be investigated by the particular
Investigating Officer posted at the Head Office or any Regional Office.
11. Report
from the Agency.---(1) In every complaint admitted for investigation under
regulation
Provided that
in emergent cases requiring immediate action or to avoid recurrence of any maladministration,
the report may be called for through telephone, telex, fax, e-mail or any other
means of communication.
(2) The notice
for submission of- report under clause (4) of Article 10 shall be addressed to
the Principal Officer of the Agency or any officer nominated by. the Principal
Officer to receive the notice and to any other officer who is alleged in the
complaint to have taken or authorized the action complained of.
(3) The notice
calling for a report shall accompany a copy of the complaint or relevant
extract of the complaint highlighting the grievance of the complainant, the
alleged nature of maladministration and the relief sought by the complainant
along with all relevant documents attached with the complaint.
(4) The report
shall generally be submitted within fifteen days, but where the nature of
complaint requires an Agency to consult with its subordinate offices, thirty
days may be allowed in this behalf.
(5) Where the
Agency seeks extension of time in submission of report such extension shall not
ordinarily exceed thirty days.
12. List of
Principal Officers of the Agencies and their nominees.---(1) The
Director-General (Complaints) at the Head Office and officers Incharge of the
Regional Offices shall maintain a list of Principal Officers of Agencies and,
where a Principal Officer has nominated an officer to receive notices on this
behalf, list of such officers shall also be maintained.
(2) The
Co-ordination Wing at the Head Office shall maintain a list of Principal
Officers and their nominees throughout
(3) The
Investigating Officers shall bring to the notice of the Director-General
(Complaints) and Co-ordination Wing at the Head Office and Officers Incharge of
the Regional Offices whenever .any information is received by them in respect
of any change of the Principal Officer of the Agency or his nominee.
13. Agency's
Report on allegations of the Complainant.---(1) Where the Agency reports
that the grievance of the complainant already stands redressed or relief has
been provided to him on receipt of the complaint from Mohtasib's Office, the
complaint may be disposed of in terms of regulation 23(1)(e).
(2) In a case
where the Agency reports that for the relief sought the complainant was
required to fulfil certain procedural requirements, the complainant shall be
directed to complete such requirements and, if no information is received by
the date fixed by the Investigating Officer, it shall be presumed that the
complainant does not intend to pursue the matter further and the complaint may
be disposed of in terms of regulation 23(1)(g).
(3) Where the
Agency does not submit that report within the time specified in the notice
issued under clause (4) of Article 10 or the extended time allowed on the
request of the Agency, the Investigating Officer shall issue a reminder to the
Agency to respond immediately but not later than ten days from such reminder
(4) If no
response is received even after the time specified in the reminder, a notice
shall be issued to the Agency to depute a responsible officer with the complete
file on the subject and to appear before the Investigating Officer or the
Mohtasib to meet the allegations made in the complaint.
14.
Rejoinder. ---(1) Where the Agency contests the allegations made by the
complainant, the Investigating Officer shall, if he is not satisfied with the
report of the Agency address a questionnaire to the Agency for elucidation of
specific questions and where he is satisfied that, in the light of the Agency's
report, any clarification in respect of the allegations contained in the
complaint is required the complainant shall be asked to submit a rejoinder
within thirty days, or such period as may be extended, on his request.
(2) The
rejoinder shall be submitted giving reply to the specific points raised in the
report of the Agency or raised by the Investigating Officer instead of
reiterating the allegations made in the complaint:
Provided that
where the Agency makes a request that any portion of the report of any document
annexed to its report may be kept confidential, such portion of the report or,
as the case may be, documents shall not be sent, to the complainant unless the
Mohtasib decides otherwise.
(3) On receipt
of rejoinder from the complainant, if the Investigating Officer finds that the
complainant is satisfied with the report of the Agency and does not desire to
pursue his case any further, the complaint shall be disposed of in terms of
regulation 23(1)(g).
(4) Where the
complainant reiterates his stand or opposes the claim of the Agency without any
evidence or reasoning and the Investigating Officer is of the opinion that the
Agency was not responsible for any maladministration, the complaint shall be
disposed in terms of regulation 23(3).
(5) If the complainant
fails to submit the rejoinder called for under sub-regulation (3) within the
specified or extended period, the Investigating Officer may issue a notice by
registered post to the complainant giving him fifteen days time to respond,
failing which the case shall be disposed of on the basis of available record.
15. Further
investigation.---(1) Where the Investigating Officer is of the opinion that
the case need further probe, he shall bring out tire controversial points
between the parties .for determination and for this purpose may---
(a) obtain further comments from the Agency;
(b) seeks clarification of any specific issue from the Agency or the
complainant;
(c) calf the representatives of the Agency and the complainant for
hearing;
(d) make inspections, inspect record and ask for production of record;
(e) require evidence to be produced through affidavit; and
(f) record the statements of the parties on oath:
Provided that,
as far as may be, clarification, inspections and recording of evidence shall be
confined to specific questions or points of controversy between the parties.
16. Hearing
of cases.---(1) Hearings in a case shall be fixed only where some points of
vital importance remain unresolved through correspondence.
(2) As far as
may be, any officer of the Agency shall not be summoned by name for hearing and
the Agency shall ordinarily be asked to depute an officer fully conversant with
the facts of the case for the purpose of hearing.
(3) Heads of
the Ministries, Divisions or Departments or the officers of the rank of
Additional Secretary and above shall be summoned only with the approval of the
Mohtasib.
(4) The
representative of the Agency and the complainant wherever deemed appropriate,,
may not be called for hearing on the same day if a confrontation br
misunderstanding is anticipated.
(5) The
hearings shall not be adversarial but in the nature of a conference for
ascertaining facts, practice and procedures of the Agency relevant to the
investigation 'and efforts shall be made to resolve the matter through informal
discussion and persuasion.
(6) The mutual
agreement or undertaking given by parties may be recorded and signed by the
persons representing the parties.
(7) If for any
reason, the hearing is to be adjourned or fixed for another date or time, the
Investigating Officer shall inform both the parties well in time of the next
date of hearing and time thereof.
17.
Inspections.---(1) Where an inspection of a place, or record at a
particular place, or site, is necessary, the Investigating Officer shall,
within the approval of the Mohtasib; proceed for the inspection of the spot or,
as the case may, be, record after due intimation to the Agency:
Provided that,
if the place of such inspection falls within the jurisdiction of any other
Regional Office or Head Office, the case file may, with the, approval of the
Mohtasib, be sent to such Regional Office or Head Office, highlighting the
points in issue involved in the matter for carrying out inspection of the site
or record, as the case may be.
(2) The file of
the case shall be returned to the Investigating Officer after inspection of the
spot or, as the case may be, record with the report of such inspection.
18.
Requisitioning of record of Agency.---(1) Where it is necessary, the record
of any Agency may be directed to be produced under clause (9) of Article 10 and
clause (2) of Article 14:
Provided that
if any portion of the record is required to be retained, an authenticated copy
thereof shall be prepared and placed on the file for consideration.
19.
Visitation of the Agency's offices.---For the purpose of creating an
environment of mutual trust for expeditious disposal of complaints, the
Investigating Officer may, with the approval of Mohtasib, visit the Agency and
discuss one or mere cases relevant to the Agency after due intimation to the
Principal Officer of the Agency.
20.
Information to the complainant. ---(1) At any stage during the
investigation, where the Investigating Officer desires to seek clarification on
certain issues from the complainant, he may ask him on telephone or through a
letter to appear, before him, and, likewise, where the complainant approaches
him to ascertain the position of his case, he shall be briefed about the
updated position of the case.
(2) During the
investigation of protracted cases where disposal is likely to take more than
three months for resolution, the complainant shall be kept posted of the
development of his case at least once in every three months.
21. Transfer
of cases.---(1) Where an Agency complained against is located within the
territorial jurisdiction of any other Regional Office or the Head Office, the
Mohtasib, may transfer such complaint to the concerned Regional Office or the
Head Office, as the case may be.
(2) Whenever a
case is transferred under sub-regulation (1), a brief summary of the
proceedings conducted till the date of transfer shall be recorded on the order
sheet.
22.
Maintenance of files.---(1) The Investigating Officer shall ensure that the
record of every complaint is properly maintained, the proceedings are reflected
in chronological order in the order sheet as given in WMS-Form "E"
(2) The case
file shall contain the following particulars on its cover, namely:--
(a) registration number of the complaint;
(b) date of receipt of the complaint by the Investigating Officer;
(c) complainant's name;
(d) name of the Agency complained against;
(e) brief subject of the complaint;
(f) whether the file contains correspondence or noting or both;
(g) date of consignment to the record.
(3) The complainant
along with cover sheets consisting of WMS Form "A", "B" and
"C", shall be tagged on the right-hand side of the file, whereas the
order sheet WMS-Form "E" shall be placed on the left hand side of
the file.
(4) The pages
should be numbered in chronological order with the last numbered page appearing
on the right hand side on the file.
(5) The order
sheet WMS-Form "E" shall contain record of actions taken with dates
for further processing and shall be used as noting part of the file for
obtaining orders, instructions and directions of the Mohtasib.
CHAPTER-IV
PROCEDURE
FOR DISPOSAL OF COMPLAINTS
23.
Completion of Investigation.---(1) The investigation of a complaint shall,
with the approv4 of the Mohtasib, be closed when it is found that:--
(a) the Agency
alleged to have committed maladministration does not specifically fall within
the jurisdiction of the Mohtasib, or
(b) the Agency
is not at fault as a particular procedure has to be adopted or formalities have
to be followed by the complainant for redress of his grievance(s); or
(c) the
complainant fails to furnish the necessary information or supply relevant
documents, or does not respond despite reminders, or fails to attend hearings
despite notices and it is not possible to decide the complaint on the basis of
the available record; or
(d) the relief
had already been provided before the- complaint was lodged and the complainant
confirms the redress of his grievance(s); or
(e) the
complainant was entitled to relief, or, partial relief, and the Agency has
accorded this after the complaint was lodged, or
(f) the Agency
during the hearing of the complainant or its processing undertakes to provide
the relief sought; or
(g) the
complainant is satisfied with the report submitted by the Agency or does not.
wish to pursue the case any further or withdraws the complaint; or
(h) the
complainant and the representative of the Agency mutually agree on the redress
of the grievance(s) through consent finding; or
(i) the
subject-matter of the complaint does not call within the purview of P.O. No.1
of 1983; or
(j) the
subject-matter of the complaint was or has become sub-judice before a Court of
competent jurisdiction; or
(k) the
complaint concerns matters, relating to the Agency in which the complainant is
or has been working and the grievance relates, to his service therein; or
(l) the
complaint is time-barred as it was made more than three months from the day on
which the complainant first came to know of the matter and there are no special
circumstances to condone the delay; or
(m) the complaint is premature as the cause of action has not yet
(n) the complaint does not disclose any cause of action to justify
investigation; or
(o) the
subject-matter of the complaint is the same as that already disposed of by
earlier findings; or
(p) the original
findings in respect of which the implementation petition has been moved have
already been implemented, or the reconsideration petition filed by the Agency
under Article 11(2) is pending consideration by this Office; or the Agency has,
under Article 32, made a representation to the President.
(q) the
complaint involves examination of witnesses, detailed interpretation of laws,
rules, regulations or different clauses of contracts and their inter se
relationship for which the proper forum is a Court of competent jurisdiction
and not this Office; or
(r) the facts of
the case are disputed by the parties and to establish the correct position
requires a detailed examination of both documentary and oral evidence, and its
assessment for which the proper forum is a Court of competent jurisdiction and
not this Office; or
(s) the
subject-matter of the complaint has already been adjudicated by a Court,
Tribunal or a Board of competent jurisdiction.
(t) the
complaint is not accompanied by WMS Form "A" or a solemn affirmation
prescribed by regulation 3(4).
(u) the original
findings, in respect of which the implementation petition has been moved, have
been set' aside by the President in accepting the representation of the Agency
under Article 32.
(v) the complaint has been made by a person who is not an aggrieved
person;
(w) the complaint is anonymous or pseudonymous.
(x) the Agency
is not at fault as the redress of the grievance of the complainant by it has to
follow an action to be taken by another Agency to which a reference for the
purposes has been made;
(y) it warrants
closure for a valid reason not covered by any of the preceding clauses.
(2) Where a
complaint is closed under sub-regulation (1), it may, on sufficient reason
being shown by the complainant, be reinvestigated.
(3) The
complaint shall, on completion of the investigation and with the approval of
the Mohtasib, be rejected when it is found that no maladministration was
involved in the case or the complainant is not entitled to the relief claimed.
(4) The
complaint shall, on completion of the investigation and with the approval of
the Mohtasib, be accepted and recommendations for implementation issued under
clause (1) of Article 11 when it is found that the Agency was responsible for
maladministration and injustice to the complainant and such maladministration
or injustice needs rectification.
24. Finding
of the Mohtasib.---(1) In all cases under Regulation 23(1) where further
investigation of the complaint is proposed to be closed, the Investigating
Officer shall, subject to directions of the Mohtasib, prepare draft Finding on
WMS-Form "F-I".
(2) In all
cases where further investigation of a complaint is closed under sub-regulation
(1), the decision shall be communicated to the complainant and the Agency on
WMS-Form "F-II".
(3) In all
cases where an investigation has been completed under 'Regulation 23(3) or (4)
and it is proposed to reject the complaint or accept it and make
recommendations for implementation the Investigating Officer shall, subject to
directions of the Mohtasib prepare draft findings on WMS Form
"F-III".
(4) In all
cases where the complaint is rejected the decision shall be communicated to the
complainant and the Agency involved in WMS Form "F-IV"
(5) In all
cases where the complaint is accepted the decision shall be communicated to the
complainant and the Agency involved in WMS Form "F-V".
(6) The draft
Findings shall, be simple, impersonal, persuasive and arranged in paragraphs
duly numbered in chronological order.
(7) At the Head
Office the draft Findings shall be submitted to the Mohtasib through his
Secretary, while the Regional offices shall dispatch the drafts to Secretary to
the Mohtasib, if so instructed otherwise, those shall be submitted to Mohtasib
during his tour to the respective Regional Offices.
25.
Completion of Findings and 'consignment of files to Record.-(1) After the
Findings are signed by the Mohtasib--
(a) all drafts shall be destroyed;
(b) the
signatures of the Mohtasib on the copies of the Findings prepared by the Office
shall not be copied and only his name, designation and date shall be
communicated to the parties; and
(c) the copies
of the Findings shall be authenticated by the Investigating Officer and
dispatched to the complainant and the Agency.,
(2) Important
Findings may be circulated to the Regional Offices for information, while, with
the approval of the Mohtasib, selected cases may be sent to the Public
Relations Section at the Head Office for publication.
(3) Where a
complaint is closed or rejected it shall be consigned to the Record within one
month of the closure or rejection. Where the recommendations for implementation
under clause (1) of Article 11 have been made, the file shall be retained by
the Investigating Officer and consigned to record within one month of the
confirmation of implementation of the recommendations by the Agency or the
complainant. '
(4) The
Investigating Officer shall Till in the WMS Form "R" in duplicate and
send one copy to the Computer Section at the Head Office for updating the
record and place the other copy on the relevant file which should then be
consigned to the Record. '
26.
Reconsideration Petition.---(1) In case an Agency give reasons in terms of
' Article -i 1(2) for not being able to comply with the recommendations a- copy
thereof shall, in terms of Article 11(2-A), be supplied to the complainant in
WMS-Form "F-VI" for a response and he should also be provided an
opportunity of being heard.
(2) On receipt
of a reply from the complainant and considering his pleadings during the
hearing, if any the Investigating Officer shall examine the reasons given by
the Agency under sub-regulation. (1) for non-compliance of the Recommendations
and submit the case to the Mohtasib in WMS-Form "F-VII" (Revised
Findings) for orders in-terms of Article 11(2-A).
(3) On
considering the case submitted by the Investigating Officer under
sub-regulation (2), the Mohtasib shall pass such orders thereon as deemed
appropriate and have them communicated to the complainant and the Agency in WMS
Form "F-VIII" and "F-IX" in case of recall or modification
of the original Findings as the case may be, respectively.
27.
Non-compliance Petition.---(1) -Where the Findings and Recommendations of
the Mohtasib in a complaint have not been sought to be modified or recalled by
the Agency in terms of Article 11(2), and nor have been represented against to
the President under Article 32, or after this has been done and Revised
Findings/Recommendations have been issued, or orders of the President have been
obtained and the Recommendations have not been implemented, or partially
implemented, the complainant may move a non-compliance petition.
(2) On receipt
of a petition under sub-regulation (1), the Investigating Officer concerned
shall process - and investigate it in accordance with the procedure laid down
for processing and investigation of complaint and submit it in WMS-Form
"F`-III" to the Mohtasib for orders.
(3) The orders
of the Mohtasib shall be communicated to the complainant and the Agency in WMS
Form "F-X", "F-XI" or "F-XII" whichever may be
relevant.
28.
Correction of errors, mistakes, misrepresentation, etc.---(1) Where through
any typographical error, mistake or misrepresentation by the complainant or the
Agency, an incorrect figures, fact or-position is reflected in the Findings and
Recommendations, the Investigating Officer shall, on its coming to notice, and
after giving the complainant and the Agency an opportunity of being heard,
submit the case to the Mohtasib in Form WMS-Form "F-XIII" for
consequential rectification or modification of the original Findings and
Recommendations, wherever needed.
(2) In all
cases where the consequential rectification or modification is approved the
decision shall be communicated to the complainant and the Agency on WMS Form
"F-XIV".
29. Special
report.---(1) Where the recommendations have been made to the Agency and
the reasons put forth by it under clause (2) of the Article 11 are not to the
satisfaction of the Mohtasib, a special report to the President may be
initiated under clause (4) of Article 11 for which a show causes notice in
WMS-Form "G" shall be issued to the Agency informing it about the
decision of the Mohtasib for making such report.
(2) When an
Agency complies with the recommendations before making of the special report,
the case shall be closed and the special report shall not be forwarded.
(3) If after
receipt of the recommendations of Mohtasib, an Agency does not within the
specified time comply with the recommendations or gives reasons to the
satisfaction of Mohtasib for non-compliance, proceedings shall be initiated by
the Mohtasib for Defiance of Recommendations.
30.
Proceedings under Defiance of Recommendations.--(1) Where it is proposed to
initiate proceedings for "Defiance of Recommendations" in terms of
Article 12 of the Order against a public servant, .the Investigating Officer
concerned shall submit a self-contained case to the Secretary along with a
show-cause notice in WMS Form "H" in the case of Regional Offices should
be done through the Officer Incharge of the Office.
(2) The
Secretary shall, with the approval of the Mohtasib, cause the notice to be
served on the public servant concerned.
(3) After
considering all the facts of the case, including the response of the public
servant to the show-cause notice under sub-regulation (2), the Mohtasib may
refer the matter to the President under Clause (1) of Article 12.
31.
Communication of Orders of the President.----(1) The orders of the
President passed on a report for "Defiance of Recommendations" under
Article 12 of the Order, or any other report under Article 28 or on a
representation made under Article 32, shall, on receipt by the Mohtasib's
office, it communicated to the public servant and the concerned Agency for
information and appropriate action.
(2) Where on
any matter submitted under sub-regulation (1), the President orders
re-investigation or further investigation, this shall be undertaken in
accordance with these Regulations.
CHAPTER-V
MISCELLANEOUS
32. Monthly
Progress Report.---(1) Every Investigating Officer shall submit monthly
reports in WMS-Form "I" to the Computer Section at the Head Office
for onward submission to the Mohtasib.
(2) The officer
at the Regional Offices shall submit monthly reports through Incharge Regional
Offices who may add their comments on the covering note.
33.
Notices.---(1) A notice in WMS-Form. "J" shall be issued to the
complainant by registered post if he fails to---
(a) furnish required information or document;
(b) confirm or verify the complaint or its contents;
(c) submit rejoinder or rebuttal within the specified time;
(d) confirm the compliance of the procedural requirements of the Agency;
arid
(e) confirm the provisions of relief:
(2) If an
Agency does not furnish comments within the specified time or the extended
period despite reminder, a notice to show-cause shall be issued to such Agency
in WMS-Form "K".
(3) Where a
public servant or functionary of any Agency fails to comply with the directions
of the Mohtasib and a disciplinary action under clause (5) of Article 14 is
proposed to be recommended, a notice to show cause shall be issued to him in
WMS7Form "L" and where the Mohtasib decides to recommend criminal or
disciplinary proceedings against such public servant or functionary under clause
(6) of Article
(4) Where the
Mohtasib rejects a complaint being false, frivolous or vexatious and decides to
award compensation to an Agency public servant or other functionary under clause
(4) of Article 14, before awarding such compensation, the Mohtasib may issue
show-cause notice to the complainant in WMS-Form "N".
(5) Where
Mohtasib contemplates to proceed against an Agency public servant or others
functionary for contempt of his office a notice to show cause may be issued in
WMS-Form "O", while in a case where such proceedings are contemplated
against the complainant or any other person, such notice shall be issued in
WMS-Form "P".
(6) Where the
Mohtasib considers that the complainant has suffered loss or damage on account
of maladministration of an Agency or any other public servant or any other
functionary and deserves awarding of compensation under Article 22, such
Agency, public servant ox functionary may be issued a notice to show cause in
WMS Form "Q" before awarding compensation.
(7) As far as
may be, all notices shall be issued registered cover and special care shall be
taken to record the correct mailing address.
(8) Separate
registers shall be- maintained by each Investigating Officer to record the
particular of cases in which notices are issued under these Regulations.
(9) The form of
the notices specified in these Regulations shall, as far as possible, be
followed, while the contents of notices may be varied keeping in view the facts
of each case and directions of the Mohtasib.
34.
Reference from the President and other authorities, etc.--Where the
Mohtasib is asked by the reference from the President or the Parliament or by a
motion of the Supreme Court or a High Court under clause (1) of Article 9 for
investigation into any allegation of maladministration on the part of any
Agency or of any of its officers or employees, such reference or the motion
shall be dealt with in accordance with these Regulations as if the reference
or, as the case may be, motion was a complaint against such Agency or any of
its officers or employees and the provisions of these Regulations shall,
mutates mutandis apply thereto.
35.
Supersession. ---These regulations shall supersede the Wafaqi Mohtaisb
(Investigation and Disposal of Complaints) Regulations, 1999.
WMS Form "A"
[see regulations 3(3); (4)]
For use by the complainant
BEFORE THE WAFAQI MOHTASIB
Islamabad/Lahore/Karachi/Peshawar/Quetta/Sukkur/Multan/
1.
_______________ Name and Address of the complainant
2.
_______________ National Identity Card No.
3.
_______________ Telephone No. if any.
4.
_______________Name of the Agency complained against
____________________________________________________________
5. Main
grievance requiring redressal
a.
b.
c.
d.
e.
(detailed
complaint is annexed)
5.
____________________________________________________________ Prayer
______________________________________________________________
The complaint
can be presented to the Wafaqi Mohtasib in any one of the following ways:--
a. It can be sent to any of the Offices of Wafaqi Mohtasib by post.
b. It can be
presented to the Incharge Central Registry/Receipt and issue section, of any of
the offices during the office hours ~on working days, who shall issue a receipt
on the prescribed Form.
c. A complaint
can also be presented to the Wafaqi Mohtasib in person at the Had Office,
4. The Wafaqi
Mohtasib can investigate complaints of maladministration against any Federal
Ministry/Division/Department/ Corporation/Commission/Institution/Statutory Body
established or controlled by the Federal Government but does not include the
Supreme Court, the Supreme Judicial Council, the
5. It is
advisable to represent to higher, authorities of the concerned Agency before
making a complaint to the Wafaqi Mohtasib.
6. Copies of
relevant documents and the latest correspondence with the Agency should, if
possible, be annexed, to the complaint.
7. The receipt
of the complaint is acknowledged and the orders passed by the Wafaqi Mohtasib
with regard to its admission-or rejection are communicated to the complainant
within a month of the receipt of the complaint. However, after investigation
has commenced, the complainant' is informed of the position of his case at
least once in three months: If the complainant does not receive any information
during the prescribed period, he can contact the Director-General (Complaints)
or the dealing officers personally or through post or Telex or on telephone, as
convenient.
8. The
Investigating Officer can also be contacted by telegram or telephone in
important matters.
WMS Form “A"
AFFIDAVIT
7.
___________________________________ do here solemnly affirm.
a. That the
facts mentioned in this complaint are correct to the best of my knowledge and
belief.
b. That no
complaint on this 'subject has previously been lodged with the Wafaqi Mohtasib
by me, or on my behalf, in the Head Office or any of the Regional Offices.
or
* That a
complaint No. _ _ _ _ dated _ _ _ _ has previously been lodged with the Wafaqi
Mohtaisb on this subject.
c. That no suit,
appeal, petition or other judicial proceeding in connection with the
subject-matter of this complaint is pending in any Court or Tribunal.
or
That a suit,
appeal, petition or other judicial proceeding in this connection is pending
before the --------------------- Case No.--------------
d. I made a
representation to the senior Officers of the Agency in this connection but have
failed to elicit a reply/my representation has been unjustly turned down.
(Copies of correspondence are attached).
Signature/Thumb Impression of the Complainant
* Delete if not
applicable
Reverse side of WMS/Form "A"
INSTRUCTIONS
1. The
complaint need not be accompanied by this Form if all the particulars required
for registration of the complaint are included on a plain paper.
2. Addresses of
the Offices of the Wafaqi Mohtasib:--
|
A |
Wafaqi
Matasib Secretariat, Zero Point, |
P.O. Box No.
1992 Tele Nos.
Exchange: 9201.665 68 Fax No:
9210487 E-mail |
|
b. |
b. Wafaqi
Mohtasili Secretariat,
Regional Office,
3rd Floor, State Life.
Building; 15-A,. Road, |
Tele, Nos.
Exchange: 9201017-20 Fax No.9201021 E-mail: |
|
c. |
Wafaqi
Mohtasib
Secretariat, Regional Office, 4-B, Federal Govt. Secretariat, Saddar,
Karach-6.
|
Tele No.
Exchange: 9205250 Fax No.9202121 E-mail |
|
d. |
Wafaqi Mohtasib Secretariat
Office, 1st Floor; Benevolent Fund Building, |
Tele No.
Exchange: 9211570 Fax
No.9211571 Email: |
|
e. |
Wafaqi Mohtasib
Secretariat Regional Office,
Barganza Villas, Qaddafi St.
Link |
Tele
No.9202679 Fax
No.9202691 E-mail: |
|
f. |
Wafaqi Mohtasib Secretarait,
Regional Office, 38-A,
Friends' Cooperative Housing
Scheme, Sukkur. |
Tele No.32390 Fax No.32392 E-mail: |
|
g. |
Wafaqi, Mohtasib.
Secretariat,
Regional Office, 23-G,
Shah Rukhn-e-Alam Colony, Near Under Pass, |
Tele
No.9220183 Fax
No.9220182 E-mail: wmsrom@mul.paknet.com.pk |
|
h. |
Wafaqi Mohtasib
Secretariat,
Regional Office, OPP.GOR-I1, Akbar Abad Chowk, Jail. Road, |
Tele
No.9200551 Fax
No.9200501 E-mail: |
|
i. |
Wafaqi Mofitasib Secretariat,
Regional Office, H.No.31/4, Khan. |
Tel No: Fax No: E-mail. |
WMS
Form "C"
[see
regulation 7(3) & 22(3)]
For
presentation of complaint
in
person To the Wafaq
Mohtasib
WAFAOI
MOHTASIB (OMBUDSMANS') SECRETARIAT
PENDING
CASE
No. ____________________________
____________________________
Fresh
complaint
Investigating Officer ________________
_______________________________
_______________________________
_______________________________
_______________________________
(File to be linked).
Name of the
complainant
_______________________________
Name of the
Agency
_______________________________
Brief
subject
_______________________________
_______________________________
_______________________________
Orders by the
Wafaqi
Mohtasib
_______________________________
_______________________________
_______________________________
_______________________________
_______________________________
WMS
Form "D
[see
a regulation 6]
Monthly
Institution and Disposal Statement of Complaint
(Calendar
Years __________and___________)
|
|
|
|
Head Office |
|
|
|
|
Sukkur |
|
|
D.I.Khan |
Total |
Percent |
|
January |
2003 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
2004 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
February |
2003 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
2004 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
March |
2003 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
2004 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
April |
2003 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
2004 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
May |
2003 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
2004 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
June |
2003 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
2004 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
July |
2003 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
2004 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
August |
2003 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
2004 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
September |
2003 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
2004 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
October |
2003 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
2004 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
November |
2003 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
2004 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
December |
2003 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
2004 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
Total
|
2003 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
||
|
2004 |
Institution |
|
|
|
|
|
|
|
|
|
|
|
|
|
Disposal
|
|
|
|
|
|
|
|
|
|
|
|
*With the
passage of each year these will change and be reflected accordingly.
WMS
Form "B"
[see
regulation 4(1), 7(5), 22(3) & 25(4)]
For
Registration
WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETARIAT
{Station and Date}
Complaint No.
------------
1.
__________________ Name, address of the complainant.
______________________________________________________
2.
__________________ National Identity Card No. and telephone No. (if any)
____________________________________Agency
complained against
______________________________________________________
4.
__________________ Main grievances of the complainant
______________________________________________________
5. Remarks of
the Registrar ____________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
Registrar
Director/Director General
6.
__________________ Order of the Wafaqi Mohtasib/Authorised Officer
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
WAFAQI
MOHTASIB/
AUTHORISED OFFICER
7. Date of
forwarding of complaint to the investigating Officer _________________
2.
_____________________ Date of Registration:
3.
_____________________ Name & Address of the Complainant
4.
_____________________ Name of the Agency Complained Against;
5.
_____________________ Name of the Investigating Officer
*6.
_____________________ Subject of Complaint:
* [If a
non-implementation petition mention as such in front of this]"
THE
COMPLAINT
This part
should specifically, contain the grievance of the complainant and the relief
sought. All what the complainant has said should not be recorded. Only a gist
of the main points should be reflected. This may be done either in running form
or in numbered subparagraphs, the objective being to bring out the facts
clearly and succinctly: Any law, regulation, rule or instruction, if
specifically mentioned by the complainant, should be indicated. The specific
relief sought by the, complainant should be recorded in his language. If,
however, the relief sought is couched in general terms, then its most accurate
meaning and intent should be noted.
REPORT
OF THE AGENCY
If the
Agency/Department confirms all or some facts stated by the complainant then
only say that it `confirms' such and such facts. If it, however, refutes any of
these facts or brings to light new facts, then these should be listed
separately. In addition if it refers to a specific law, rule, regulation or
instruction on which it wants to rely in support of its contention, then this
must be noted clearly.
COMPLAINANT'S
REJOINDER
Complainants
tend to be repetitive in their rejoinders. Therefore, only the new points, if
any, may be recorded. If there are no new points then it would suffice to say
that "the complainant has nothing to add to his complaint" or `the
complainant has reiterated the position indicated in his complaint."
POINTS
AT ISSUE
At this sage it
is important that the points which need to be examined in the light of the
complainant's stand and the response of the Agency/Department should be listed.
These are points of fact and law which must be resolved to accept the version
of one or the other party, in whole or in part, and to be able to arrive at the
findings and flowing from them, the Recommendations. These points of fact and
law should, preferably, be listed very briefly, in the form of sub-paragraph, and
kept in mind when conducting the hearing(s) and subsequently when recording the
Findings/Recommendations.
HEARING
PROCEEDINGS
The purpose of
hearings(s) is to enable the Investigating Officer to clear his doubts in
respect of points at issue which remain unresolved through correspondence and
enable the parties to reach an agreement, if possible. Mutual agreement or
undertaking given by the parties should be recorded and signed by them. Each
party should be allowed to say whatever it wants to but irrelevant details may
be tactfully discouraged. At the end of the hearing the versions of both
parties must be recorded in their presence to ensure that all- points made by
each have been recorded to, their satisfaction. No law point or fact claimed on
the basis of documentary evidence should be accepted without the relevant
document being produced by the party which wants to rely on it.
FINDINGS
Findings should
be based on and flow from an analysis of the facts of the case in the light of
law, rules, regulations and instructions applicable to it and related to the
pleadings of the complainant and the stand by the Agency. They should be brief
and to the point and couched in moderate' language. Facts arrived at and points
relating to law, regulations, rules and instructions admitted as applicable
must be clearly recorded to show the correct position in the circumstances of
the case.
RECOMMENDATIONS
FOR IMPLEMENTATION
if
"maladministration" is established, the applicable portion of Article
2(2)(i) or (ii) of President's Order No.1l of 1983; should be referred to so as
to indicate its nature. The recommended relief to the complainant should be
clearly and unambiguously specified. If no "maladministration" is
established the complaint should be rejected and the case closed. However,
recommendations of a general nature, if warranted by the circumstances of the
case may be recorded. The concluding paragraph, where relief has been
recommended, should always be to the effect of requiring the Agency to
implement the recommendations within a specific time period or to inform the
Wafaqi Mohtasib of its reasons for non-compliance in terms of Article 11(2) of
the President's Order No.1 of 1983.
Wafaqi Mohtasib
(Ombudsman)
Dates:
_________________
WMS
Form "E"
[see
regulation 221), (3) & (5)]
Order
Sheet
WAFAQI
MOHTASIB (OMBDUSMAN)'S SECRETARIAT
|
Date |
Brief steps
taken in the case |
Next date
fixed |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
WMS
Form "F"
[see
regulation 24(1)]
WAFAQI MOHTASIB (OMBUDSMAN)'S
SECRETARIAT
CLOSURE FINDINGS
Complaint No.
___________________________________
Date of
Registration _______________________________
Name &
Address of the Complainant__________________
Name of the
Agency: ______________________________
Brief Subject:
___________________________________
Name of the
Investigating Officer : ___________________
TEXT
Note: This
should include the essence of the complaint, the prayer of the complainant,
response of the Agency, wherever required, and the grounds for closure of the
complaint which, in the case of want of jurisdiction, should be with reference
to the relevant Article of P.O. No.1 of 1983, i.e., Article 2(1), Article
9(1)(a)(b)(c), Article 9(2), Article 10(2) and (3) and to the relevant
provision of Regulation 24(1) of the Wafaqi Mohtasib (Investigation and
Disposal of Complaints) Regulations, 2003. The concluding paragraph should
relate to soliciting the approval of the Honourlible Wafaqi Mohtasib to close
further investigation into the complaint.
(Signature of Investigating Officer)
Date:
Station:
WMS
-Form-" F-II"
[see
regulation 24(2)] Intimation
to
the complainant and the Agency
about
closure of further investigation
of
complaint.
WAFAQI
MOHTASIB (OMBUDSMAN)'S SECRETARIAT
{Station and Date)
Complaint No.
___________________________________
1. [Name and
address of the Complainant]
2. [Agency]
With reference
to the above cited complaint you are hereby informed that after examination of
the case Honourable Wafaqi Mohtasib has been pleased to close further
investigation of the complaint for the reason that:--
------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------
BY
ORDER OF THE HONOURABLE WAFAQI MOHTASIB
Signature
Name
and designation of Investigating Officer.
WMS
Form "F-III"
[see
regulation 24(3) and 27(2)]
Form
of Findings
WAFAQI
MOHTASIB (OMBUDSMAN)'S SECRETARIAT
FINDINGS
1.
________________________Complaint Number
above
recommendations for implementation to the following effect, were given by the Wafaqi
Mohtasib:--
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
and whereas the
Agency have now; in terms of Article 11(2) of President's Order No. 11 of 1983
reproduced below, reverted to this Office and made a request for
reconsideration of the matter in terms of Article 11(2A) of President's Order
No. 1 of 1983, reproduced below, for the reasons indicated in its letter No.
___________ of __________ (copy enclosed).
Now, therefore,
you are hereby called upon to attend a hearing in this regard as envisaged
under the proviso to Article 11(2A), fixed in this Office as indicated in the
subject and show cause as to why the recommendations in question should -not be
altered modified, amended or recalled. Failure to attend the hearing, without
adequate, reasons being intimated, would lead to an exparte decision in the
matter.
BY ORDER
OF THE HONOURABLE WAFAQI MOHTASIB
Signature
[Name and
designation of Investigating Officer]
Article 11(2)
"The
Agency shall, within such time as may be specified by the Mohtasib, inform him
about the action taken on his recommendations or the reasons for not complying
with the same".
Article 11(2A)
"If after
considering the reasons of the Agency in respect of his recommendations under
clause (2), the Wafaqi Mohtasib is satisfied that no case of maladministration
is made out he may alter, modify, amend or recall the recommendations made
under clause (1):
Provided that
where the order is made on a complaint, no order shall be passed unless the
complainant is given an opportunity of being heard."
WMS
Form "F-VII"
[See
regulation 26(2)]
WAFAQI
MOHTASIB (OMBUDSMAN)'S SECRETARIAT
REVISED
FINDINGS
i. No. of
Original Complaint __________________________
ii. Date of
Registration: ______________________________
iii. Name and
Address of the complainant________________
iv. Name of the
Agency_____________________________
v. Name and
Designation of__________________________
the
Investigating Officer
vi. Subject of
the Original Complaint___________________
vii. Date of
Findings in_____________________________
Original
Complaint
viii. Date of
Registration of__________________________
Reconsideration
Petition
by the Agency
ix. Name &
Designation of__________________________
the
Investigating Officer,
if different,
from (v)
GIST OF
ORIGINAL FINDINGS/RECOMMENDATIONS
The portion
should, as the title indicates, contain a gist of the Findings in -the original
complaint and the Recommendations for implementation flowing therefrom.
REASONS
FOR RECONSIDERATION
2. Under this
should be indicated, in clear and concise terms, the reasons advanced by the
Agency for not complying with the recommendations and desiring an alteration,
modification, amendment or recall of the original recommendations. Only, new
points of facts or law raised by the Agency to be given. Where indicated by the
Agency, the extent of the alteration, modification or amendment should be
clearly spelled out.
VMS
Form "F-IV"
[see
regulation 24(5)]
[Intimation
to the Complainant and the
Agency
about acceptance of the complaint]
WAFAQI
MOHTASIB (OMBUDSMAN)'S SECRETARIAT
Complaint No.
______
(Station and Date)
To
(Name and address of the Complainant)
Subject:
____________________________________________
A copy of
Wafaqi Mohtasib (Ombudseman) Findings dated rejecting your complaint is
enclosed for information.
2. Your
attention in this regard is invited to the provisions of Article 32 of P.O.
No.1 of 1983, under which you may within thirty days make a representation to
the President against the above, Findings, who may pass such order thereon as
he may deem fit.
BY ORDER
OF THE HONOURABLE WAFAQI MOHTASIB
Signature
(Name and designation of Investigating Officer)
Copy to the Agency
WMS
Form "F-V"
[see
regulation 24(5)]
[Intimation
to the Complainant and the
Agency
about acceptance of the complaint]
WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETAIRAT
Complaint No.
__________
{Station and Date)
To
(Agency)
2. (Name and
address of the, Complainant)
Subject:
______________________________________________
A copy of
Wafaqi Mohtasib (Ombudsman)'s Findings/Recommendations dated _______ in the
complaint cited above is enclosed for information.
2. The Agency,
in germs of Article 11(2) of P.O. No. 1 of 1983 is required to:--
(i) intimate to
this Office compliance of the recommendations contained in the Findings within
the frame specified therein; or
(ii) intimate to
this Office, over the .signatures of the Principal Officer of the Agency or an
officer nominated by him for the case seeking alteration, modification,
amendment or recall of the said recommendations in-terms of Article 11(2A)
ibid.
3. Attention is
also invited to the provisions of Article 32 of the Order, under which any
person, aggrieved by a decision or an order by the Wafaqi Mohtasib may also,
within 30 days of the decision or order, make a representation to the
President, who may pass such order thereon as he may deem fit.
ORDER OF THE HONOURABLE WAFAQI MOHTASIB
Signature
(Name & designation of Investigation Officer)
WMS
Form "F-VI"
[See
regulation 26(2)]
Notice
for Hearing
WAFAQI
MOHTASIB (OMBUDSMAN)'S SECRETARIAT
Complaint No.
___________________________________
Date of
Registration________________________________
Name of
Complainant______________________________
Date of
Findings __________________________________
To
___________
___________
___________
SUBJECT: Notice
to the Complainant under Article 11(2A) of Order No. 1 of 1983 for Hearing on
___________ at ____________
Whereas in the
complaint, the particulars of which are indicated.
RESPONSE
OF THE COMPLAINANT
3. Where the
reconsideration petition is filed on the basis of an order (findings) made on a
complaint, an opportunity of being heard must be afforded to the complainant
under Article 11(2-A) as laid down in Head Office Circular by HWM(01) (Hearing
Notice Complainant) dated 27-11-2002, with which the prescribed format for the
purpose was circulated. It must be ensured that the requirement of a notice to
the complainant as required under Regulation 26(1) of the Wafaqi Mohtasib
(Investigation and Disposal of Complaints) Regulations,
POINTS
AT ISSUE
4. The point(s)
at issue should be "case specific" and not "generic" and
must relate to whether the reasons advanced by the Agency for not complying
with the recommendations, warrant any alteration, modification, amendment or
recall of the original recommendations. and, if so, to what extent?
HEARING
PROCEEDINGS
5. This para.
should contain the gist of the pleadings of both parties in the hearings,
relating to their respective stands and should, as far as possible, be confined
to the points or issues raised in the reconsideration petition and, wherever
provided, the written response of the complainant.
REVISED
FINDINGS
6. These should
be limited to the position emerging on the points at issue from the
reconsideration petition the response in writing, if any, of the complainant
and the substance of the hearing proceedings and specifically indicate the
extent to which, if any; the original findings need to be, altered, modified,
amended or recalled. If .no ground has been established for any change in or
recall of the original findings, they should be upheld, the reconsideration
petition rejected and the Agency asked to implement them within the originally
indicated timeframe to commence from the date of receipt of copy of the revised
findings. If the original, findings are to be changed or recalled the
conclusion as such -should be mentioned here leaving the exact nature and
specifics 'of the final recommendations to be indicated under the next caption.
FINAL
RECOMMENDATIONS FOR IMPLEMENTATION
7. These should
flow from the findings and be indicated in specific, clear and unambiguous
terms for implementation by the Agency within a specified timeframe The
concluding part should specify that in case the Agency continues to be aggrieved
by these final recommendations it may, if it so desires, prefer a
representation to the President under Article 32 of P.O. No. 1 of 1983, within
thirty days of the receipt of a copy of the final recommendations.
Wafaqi Mohtasib (Ombudsman)
Dated: ___________________
WMS
Form "F-VIII"
[See
regulation 26(3)]
(To
be used in case
of
recall of the original
Findings/Recommendations)
WAFAQI
MOHTASIB (OMBUDSMAN)'S SECRETARIAT
Complaint No.
____________
(Station and Date)
To
1. (Name of the Agency)
2. (Name and address of the Complainant)
Subject:
Communication of Revised Findings/Recommendations in Terms of Regulation 26(3)
of the Wafaqi (Investigation and Disposal of Complaints) Regulations, 2003.
Reference
Agency's letter No. _________________ dated ____________ intimating the reasons
for not complying with the Findings/Recommendations dated___________ in
Complaint No._________________.
2. After due
consideration the Honourable Wafaqi Mohtasib has been pleased to approve the Revised
Findings (copy enclosed) dated _____________ in which the original
Findings/Recommendations dated ____________ have been recalled in terms of
Article 11(2A) of P.O. No. 1 of 1983.
4. It is,
however, brought to the notice of the complainant that if he is not satisfied
with the Revised Findings/Recommendations he can exercise his option for a
representation to the President in terms of Article 32 of P.O. No. 1 of 1983.
BY ORDER OF THE HONOURABLE
WAFAQI MOHTASIB.
Signature
(Name & Designation of Investigating Officer)
WMS
Form "F-IX"
[See
regulation 26(3)]
(To
be used in case of
alteration,
modification
and
amendment of original
Findings/Recommendations)
WAFAQI
MOHTASIB (OMBUDSMAN'S SECRETARIAT
Complaint No.
___________
(Station and Date)
To
1. (Name of the Agency)
2. (Name and address of the Complainant).
Subject: Communication
of Revised Findings/Recommendations in Terms of Regulation 26(3) of the Wafaqi
(Investigation and Disposal of Complaints) Regulations, 2003.
Reference
Agency's letter No. ____________ dated __________ intimating the reasons for
not complying with the Findings/ Recommendations dated _______ in Complaint No.
____________
2. After due
consideration the Honourable Wafaqi Mohtasib has been pleased to approve the
Revised Findings (copy enclosed) dated in which the earlier Findings and
Recommendations have been modified to the extent shown.
3. The Agency
is hereby called upon to comply with and implement the Revised Findings/Recommendations
within the time-frame indicated therein as required by Article 11(2) of P.O.
No. 1 of 1983.
4. It is,
however, brought to the notice of both the Agency and the complainant that in
case either of them is not satisfied with the Revised Findings the option for a
Representation to the President in terms of Article 32 of P.O. No. 1 of 1983
can be exercised.
BY ORDER OF THE HONOURABLE
WAFAQI MOHTASIB.
Signature
(Name & designation of Investigating Officer)
WMS
Form "F-X"
[See
regulation, 27(3)]
(To
be used in cases where
recourse
to Article 11(2)
and
32 has not been made)
WAFAQI
MOHTASIB (OMBUDSMAN)'S SECRETARIAT
Complaint No.
_________
{Station and Date}
To
____________
____________
Subject:
Communication of Orders of Wafaqi Mohtasib to the Agency about Non-compliance
of Findings/Recommendations.
Whereas the
above mentioned complaint was investigated by this office and through his
findings dated the Wafaqi Mohtasib, in accordance with
Article 11(1) of the Establishment of the Office of Wafaqi Mohasib (Ombdusman)
Order, 1983 (President's Order No. 1 of 1983) hereinafter referred to as the
Order, had recommended that---
_______________________________________________________________________
a gist of the recommendations contained in the Findings]
_______________________________________________________________________
And Whereas the
record shows that you did not intimate the reasons for non-compliance to this
Office in terms of, Article 11(2) of P.O. NO: 1 of 1983 and nor did you
exercise the option of representing to the President in terms of Article 32
thereof.
Now, therefore,
you are hereby, called upon, to comply with the said Recommendations of the
Wafaqi Mohtasib within fifteen days of the receipt of a copy of this Notice,
failing which necessary action under Article 12 of the Order for Defiance of
Recommendations will be initiated against you by a Reference to the President.
The implementation report should reach this Office by _______________.
A copy of the
said Findings dated ___________ is enclosed.
BY ORDER
OF THE HONOURABLE WAFAQI MOHTASIB
Signature
{Name & designation of Investigating Officer}
WMS
Form "F-XI"
[see
regulation 27(3)]
(To
be used in cases whereas
a
result of recourse to Article 11(2)
revised
Findings have been issued)
WAFAQI
MOHTASIB (OMBUDSMAN) 'S SECRETARIAT
Complaint No.
__________
{Station arid Date}
To
___________
___________
Subject:
Communication of Orders of Wafaqi Mohtasib to the, Agency about Non-compliance
of Findings/Recommendations.
Whereas the
above mentioned complaint was investigated by this office and through his
findings dated _______ the Wafaqi Mohtasib, in accordance with Article 11(1) of
the Establishment of the Office, of Wafaqi Mohasib (Ombudsman) Order, 1983
(President's Order No.1 of 1983), hereinafter referred to as 'the Order, had
recommended that:--
____________________________________________________________________
[a
gist of the recommendations contained in the Findings]
____________________________________________________________________
And whereas
having recourse to the provision of Article 11(2) of the Order you intimate to
this office reasons for non-compliance of the findings/Recommendations of the
Wafaqi Mohtasib dated ___________
And whereas
pursuant to this Revised Finding dated ____________ were issued by the Mohtasib
in terms of Article 11(2A) of the order, and these have not been represented
against to the President in terms of Article 32 thereof and nor have its
recommendations been -implemented.
Now, therefore,
you are hereby called upon to comply with the said Recommendations of the
Wafaqi Mohtasib within fifteen, days of the receipt of a copy of this Notice,
failing which-necessary action under Article 12 of the Order for Defiance of
Recommendations will be initiated against you by a Reference to the President.
The implementation report should reach this Office by A copy of the Revised
Findings dated_______ is enclosed.
BY ORDER
6F THE HONOURABLE WAFAQI MOHTASIB
Signature
{Name & designation of Investigating Officer}
WMS
Form "F-XII"
[see
Regulation 27(3)]
(To
be used in cases where a representation to
the
President against Findings or Revised Findings
has
been made and rejected)
WAFAQI
MOHTASIB (OMBUDSMAN)'S SECRETARIAT
Complaint
No.
__________
(Station and Date)
To
______________
______________
Subject:
Communication of Orders of Wafaqi Mohtasib to the Agency about Non-compliance
of Findings/Recommendations.
Whereas the
above mentioned complaint was investigated by this office and through his
findings dated the Wafaqi Mohtasib, in accordance with
Article 11(1) of the Establishment of the Office of Wafaqi Mohasib (Ombdusman)
Order, 1983 (President's Order No.1 of 1983), hereinafter referred to as the
Order, had recommended that---
________________________________________________________________________
[a
gist of the recommendations contained in the Findings]
________________________________________________________________________
And whereas
your representation to the President in terms of Article 32 P.O. No.1 of 1983
was rejected.
Now, therefore,
you are hereby called upon to comply with the said Recommendations of the
Wafaqi Mohtasib within fifteen days of the receipt of a copy of this Notice,
failing which necessary action under Article 12 of the Order for Defiance of
Recommendations will be initiated against you by a Reference to the President.
The implementation report should reach this Office by ______________.
A copy of the
said Findings dated ____________ is enclosed.
BY ORDER
OF THE HONOURABLE WAFAQI MOHTASIB
Signature
{Name & designation of Investigating Officer}
WMS
Form "F-XIII"
[See
Regulation 28(1)]
WAFAQI
MOHTASIB (OMBUDSMAN)'S SECRETARIAT
RECTIFIED
FINDINGS
i. No. of
original
Complaint
_______________________
ii. Date of
Registration
_______________________
iii. Name and
Address of
the
_______________________
Complainant
iv. Name of the
Agency
_______________________
complained
against
v. Name and
Designation of
_______________________
the
Investigating Officer
vi. Subject of
the
Original
_______________________
Complaint
vii. Date of
Findings in original _______________________
complaint
viii. Date of
Supplementary
_______________________
Complaint
ix. Name and
Designation
of
_______________________
the
Investigating Officer, if
different from
(v)
THE
ERROR(S), MISTAKES) MISREPRESENTATION REQUIRING RECTIFICATION
This part
should briefly mention the typographical errors, mistakes or misrepresentation
requiring correction and rectification with reasons.
COMMENTS OF COMPLAINANT OR
AGENCY (IF NEEDED)
Such comments
may not be needed in every case and, therefore, Should be called for only when
required on account of the likely impact of the correction or rectification on
the earlier Findings and Recommendations.
HEARING
PROCEEDINGS
Hearing should
be held only where deemed appropriate, otherwise the matter should be
considered on the basis of the record.
RECTIFIED
FINDINGS
The position
should be assessed to determine whether correction or rectification of error(s)
or misrepresentation is' warranted and, if so, its early impact on the earlier
Findings and Recommendations in the original complaint.
ORDERS/RECOMMENDATIONS
FOR RECTIFICATION OF EARLIER FINDINGS
Where the
Findings indicate that only correction of errors and mistakes in factual data
is required, this may be directed to -be done.
Where, however,
on the basis of the required correction of the factual data, it is proposed to
consequentially modify the original Findings in respect of the
"Recommendations for implementation", this should be in the form of
recommending the rectification of the earlier "Recommendation" to the
indicated extent.
Wafaqi Mohtasib (Ombudsman)
Dated __________________
SWM
Form "F-XIV"
[see
Regulation 28(2)]
WAFAQI
MOHTASIB (OMBUDSMAN)'S SECRETARIAT
Complaint
No.
__________
(Station and Date)
To
___________
___________
Subject:
Communication of Rectified Findings to the Complainant and the Agency
Whereas the
above mentioned complaint was investigated by the office and through his
Findings, dated__________ the Wafaqi Mohtasib, in accordance with Article 11(1)
of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983
(President's Order No.1 of 1983), hereinafter referred to as the Order, had
recommended that--
_________________________________________
_________________________________________
And whereas
subsequent to the issuance of the above Findings it came to the notice of this
Office that through a typographical error mistake or misrepresentation by the
complainant or the Agency an incorrect figure, fact or position having material
effect on the case, got reflected in the said Findings and Recommendations;
And whereas for
- the sake of correction of record or in the interest of justice it was
necessary to rectify the said error, mistake or misrepresentation, the Findings
were considered by the Wafaqi Mohtasib for the purpose who was pleased to
record Rectified Findings in supersession of the said earlier Findings.
Now, therefore,
a certified copy of the said Rectified Findings dated ___________ is being
forwarded to you for information/necessary action
BY ORDER
OF THE HONOURABLE WAFAQI MOHTASIB
Signature
{Name
and designation of Investigating Officer}
WMS
Form "G"
[see
regulation 29(1)]
Show-cause
notice to the, Agency for
initiating
special report to the President
WAFAQI
MOHTASIB (OMBUDSMAN)'S SECRETARIAT
Complaint
No.
______________
(Station and Date)
To
______________
______________
Subject:
Show-cause notice
Whereas the
above mentioned complaint was investigated by the office and through his
Findings dated ________ Mohtasib, in accordance with Article 11(1) of the
Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (President's Order No.1 of
1983),. hereinafter referred to as the Order, had recommended that--
_____________________________
_____________________________
And whereas
vide Article 11(2) of the Order, you were required to inform to Wafaqi Mohtasib
within the specified time about the action taken on his recommendations.
And whereas the
*[record shows that you have 'not so far informed this office about the action
taken on the said recommendation]/ *[reasons furnished by you for
non-compliance of the recommendations have been considered] and the Wafaqi
Mohtasib is of the opinion that injustice has been caused to the complainant in
consequence of maladministration and that the injustice *[has not been] *[will
not be] remedied.
*
[Alternate suggestions--Delete which every is not applicable]
Now, therefore,
you are hereby called upon to show cause why Special Report on the case may not
tie .laid before the President under Article 11(4) of the Order.
Your written
reply must reach the undersigned by or before (date) ___________
BY ORDER OF THE HONOURABLE
WAFAQI MOHTASIB
Signature
[Name and designation of Investigating Officer]
WMS
Form "H"
[see
regulation 30(1)]
Notice
to show cause for non-compliance of
Recommendations
arid initiating proceedings for
WAFAQI
MOHTASIB (OMBUDSMAN)'S SECRETARIAT
Complaint
No.___________
(Station and Date)
To
__________________
__________________
Subject:
Show-cause notice.
Whereas the
above mentioned complaint was investigated by the office and through his
Findings dated__________ the Wafaqi Mohtasib, in accordance with' Article 11(I)
of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983
(President's
Order No.1 of
1983), hereinafter referred to as the 'Order, had recommended that--
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
And whereas
vide Article 11 (2) of the Order, you were required to inform to Wafaqi
Mohtasib within the specified time about the action taken on his recommendations.
And whereas the
`[record shows that you have not so far informed this office about the action
taken on the said recommendations] *[reasons furnished by you for
non-compliance of the recommendations] have, not been found satisfactory.
Now, therefore,
you are hereby called upon to show cause why the matter may not be referred to
the President under Article 12(1) of the Order for initiating proceedings for
Defiance of Recommendations.
Your written
reply must reach the undersigned by or before (date) ___________
BY
ORDER OF THE HONOURABLE WAFAQI MOHTASIB
Secretary
Wafaqi Mohtasib's office
____________________
Alternate
suggestions - Delete whichever is not applicable
WAFAOI'MOHTASIB
(OMBUDSMAN)'S SECRETARIAT
Monthly
Performance Report for the Month of ________________________________
|
Name of the
Officer |
|
Station |
|
SUMMARY
OF THE REPORT
Please Fill in
all Columns/Boxes very care full and Figures must tall with the annexed
lists.
|
|
Inv. |
Rev. |
Imp. |
Total |
|
a) Cases
brought forward from previous
month. |
|
|
|
|
|
b) Fresh
cases received during the
month.
|
|
|
|
|
|
e) Cases
received on transfer during the month. |
|
|
|
|
|
d) Cases
Transferred to other
officers)
|
|
|
|
|
|
e) Tobl (a+b+c-d) |
|
|
|
|
DISPOSAL
|
|
Inv. |
Rev. |
Imp. |
Total |
|
f) Relief |
|
|
|
|
|
g) Reject |
|
|
|
|
|
b) Discontinued |
|
|
|
|
|
k) Total
(F+g+h) |
|
|
|
|
CHIECK LIST
|
|
Have you
enclosed the following lists? |
Yes |
No |
If not
enclosed please give reason |
|
1. |
List of Fresh
cases. |
|
|
|
|
2. |
List of cases
received on transfer. |
|
|
|
|
3. |
List of cases
transfer to other officers. |
|
|
|
|
4. |
List of
Disposed of cases. |
|
|
|
|
5. |
List of TEN
OLGEST cases (Inv.) |
|
|
|
|
6. |
List of FIVE
OLDEST Cases (Rev.) |
|
|
|
|
7. |
List of FIVE
OLDEST Cases (imp.) |
|
|
|
|
8. |
List of cases
where disciplinary coercive action proposed against officer/official for
maladministration. |
|
|
|
NOTE: Above
mentioned lists must attach, other wise the report will be treated as NOT
RECEIVED.
Monthly
performance report complete in all respect must reach to the Data Control
Officer on or before 4th of each month from Head Office and 6th of each month
from Regional Offices through Incharge of the Regional Office. No report will
be entertained after due date and without above mentioned annexures. (PLEASE
ATTACH ORIGINAL ANNEXURE)
On 8th each
month, Consolidated monthly performance report will be placed before the HWM
for his perusal! information.
Signature of the investigating Officer: _____
LIST OF CASES RECEIVED (FRESH)
|
S. No. |
Case No. |
Name of the
Complainant |
Agency |
Date of
Receipt |
|
|
|
|
|
|
LIST OF
CASES DISPOSED OFF
|
S. No. |
Case No |
Name of the
Complainant |
Name of the
Agency |
Disposal |
Date of
Signature |
||
|
|
|
|
|
Relief |
Reject |
Discontinued |
|
|
|
|
|
|
|
|
|
|
LIST OF CASES RECEIVED ON
TRANSFER FROM OTHER OFFICERS)
|
S. No. |
Case No. |
Name of the
Complainant |
Agency |
Date of
Receipt |
|
|
|
|
|
|
LIST OF CASES TRANSFERED TO
OTHER OFFICER(S)
|
S. No. |
Case No. |
Name of the
Complainant |
Agency |
Date of
Receipt |
|
|
|
|
|
|
LIST OF
TEN OLDEST CASES INVESTIGATION
|
S. No. |
Case No. |
Name of the
Complainant |
Agency |
Date of
Receipt |
|
|
|
|
|
|
LIST OF
FIVE OLDEST CASES REVIE
|
S. No. |
Case No. |
Name of the
Complainant |
Agency |
Date of
Receipt |
|
|
|
|
|
|
LIST OF FIVE OLDEST CASES
(IMPLEMENTATION)
|
S. No. |
Case No. |
Name of the
Complainant |
Agency |
Date of Receipt |
|
|
|
|
|
|
Report for the month of ______________________________
List of Cases
Where Disciplinary/Coercive action proposed against Office/Official for
mal-administration
|
S. No. |
Case No |
Agency |
Nature of
Disciplinary coercive action proposed against Officer Official |
Name of the
delinquent Officer/Official |
Whether
agency compelled action propose within the specified time |
Signature of Investigating Officer _____________
WMS
Form "J"
[see
Regulation 33(1)]
WAFAQI
MDHTASIB (OMBUDSMAN)'S SECRETARIAT
Complaint No.
________
[Station and Date]
To
____________
____________
Subject:
Notice to
Complainant
Dear Sir,
Your above
complaint is under examination in this Secretariat. By our letter; dated you
were required by (date) ________ There has been no reply from you. A notice is
hereby given td inform you that in case there is no response from you by (date)
your complaint shall be processed on the basis of available information.
BY ORDER
OF THE HONOURABLE WAFAQI MOHTASIB
Signature
{Name and designation of Investigating Officer}
(Name and
address of the Complainant)
__________________________________
__________________________________
WMS
Form "K"
[see
regulation 33(2)]
WAFAQI
MOHTASIB (OMBUDSMAN)'S SECRETARIAT
Complaint No.
___________
(Station and Date)
To
_________________
_________________
(Name and
address of the Agency)
Subject:
Notice to Agency for Failure to submit Comments.
Whereas the
above-mentioned complaint was accepted by the Wafaqi Mohtasib for investigation
and a notice under Article 10(4) of the Establishment of the Office of Wafaqi
Mohtasib (Ombudsman) Order, 1983 (President's Order No. 1 of 1983), was issued
by this office calling upon you to meet the allegations contained in the
complaint including rebuttal.
And whereas you
were required to send your comments by (date) __________. A formal reminder was
also issued asking for comments by (date) _________ No response has been
received so far from you in this regard.
Now therefore,
in accordance with the proviso to clause (1) of Article 10 and clause (9) of
Article 10 of the President's Order No.1 of 1983, you are required to depute an
officer fully conversant with the facts of the case to, attend the office of
the undersigned along with the relevant original file on (date) ________at
-_______ a.m./p: m. and to explain the reasons for non-submission of report.
BY ORDER
OF'THE HONOURABLE WAFAQI MOHTASIB
Signature
[Name and designation of Investigation Officer]
WMS
Form "L"
[see
regulation 33(3)]
WAFAQI MOHTASIB (OMBUDSMAN)'S
SECRETARIAT.
Complaint
No.
____________
[Station and Date]
To
____________
____________
(Name and address of the Agency)
Subject:
Notice to Public
Servant for Disciplinary Action
Whereas the
above-mentioned complaint is under investigation Secretariat, wherein on
_____________ you were directed by the order of the Wafaqi to
________________________________________________
________________________________________________
________________________________________________
And whereas the
record shows that you have not, so far, complied with the above directions of
the Wafaqi Mohtasib.
Now therefore,
in exercise of powers under Article 14(5) of the Establishment elf the Office
of Wafaqi Mohtasib (Ombudsman) Order, 1983 (P.O. No. 1 of 1983), you are called
upon to show cause as to why the matter may not be referred to the competent
authority of taking disciplinary action against you for disregarding the
directions of the Wafaqi Mohtasib.
Your reply must
reach the undersigned by or before ____________
BY
ORDER- OF THE HONOURABLE WAFAQI MOHTASIB
Signature
[Name and designation of Investigating Officer]
WMS
Form "M"
[see
regulation 33(3)]
WAFAQI
MOHTASIB (OMBUDSMAN)' S SECRETARIAT
Complaint No.
________
[Station and Date]
To
(Name
and address of the
public
servant or Agency)
Subject:
Notice to show
cause for Initiating Criminal/Disciplinary Proceedings.
Whereas, the
above complaint is being investigated in this Office.
And whereas the
Wafaqi Mohtasib has examined the available view that while ______________
you have acted in manner warranting criminal/disciplinary proceedings against
you.
Now therefore,
the Wafaqi Mohtasib has, in exercise of powers vested in him under Article
14(6) of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order
1983 (President's Order No. 1 of 1983), directed to call upon you to show cause
as to why the above matter may not be referred to _________________________
______________________________________________________________________
(the appropriate authority)
for taking
criminal/disciplinary proceedings against you within a period _______
your reply must
reach the undersigned on or before the date of ___________ 20 _______.
BY ORDER
OF THE HONOURABLE WAFAQI MOHTASIB
Signature
{Name and designation of Investigating Officer}
WMS
Form " N"
[see
regulation 33(4)]
WAFAQI
MOHTASIB (OMBUDSMAN)'S SECRETARIAT
Complaint No.
_________
[Station and Date]
To
{Name and address}
Subject:
Notice to show cause for Award of Compensation against the Complainant.
Whereas you
made a complaint against which was investigated and finalized _______________
And whereas, in
his findings, the Wafaqi Mohtasib has observed that your above said complaint
was false/frivolous/vexatious and that you had intentionally made such a
complaint to malign the Agency/ Mr. _________________________
(functionary /Public Servant)
Now therefore,
the Wafaqi Mohtasib has in exercise of the powers vested upon him by Article
14(4) of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order,
1983 (President's Order No. 1 of 1983), that you should be called upon to show
cause as to why a sum on ______________ should not be awarded to the
Agency/Public Servant/Functionary concerned against you for making such
complaint. The said amount shall be recovered from you as arrears of land
revenue.
Your reply
should reach the undersigned on or before the day of ________ 20 _________
BY ORDER
OF THE HONOURABLE WAFAQI MOHTASIB
Signature
(Name and designation of Investigating Officer)
WMS
Form "O"
[see
regulation 33(5)]
WAFAQI
MOHTASIB (OMBUDSMAN’S) SECRETARIAT
Complaint No.
________
(Station and Date)
To
[Name and address of the Agency]
Subject:
Notice to show cause for Agency for Initiating Contempt Proceedings.
Whereas, the
above' complaint is being investigated in this Office or by
_________________________
And Whereas
___________________________________________
(give
facts amounting to contempt of Wafaqi Mohtasib)
which amounts
to contempt of Office of Wafaqi Mohtasib requiring action against you under
Article 14(1) of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman)
Order, 1983 (President's Order No. l of 1983), hereinafter referred to as the
Order.
Now, therefore,
you are hereby called upon to show cause as to why you should not be punished,
for committing the contempt of the Wafaqi Mohtasib, under the Orders.
Your reply must
be handed over to the undersigned personally on _______ at _______hours
BY ORDER
OF THE HONOURABLE WAFAQI MOHTASIB
Signature
[Name and designation of Investigating Officer]
WMS
Form "P"
[see
regulation 33(5)]
WAFAQI
MOHTASIB (OMBUDSMAN’S) SECRETARIAT
Complaint No.
_________
[Station and Date]
To
{Name and address}
Subject:
Notice to show
cause for Contempt to Complainant or Any Other Person.
Whereas on
_____________at _______________ you __________________________
(give facts
amounting to contempt of Wafaqi Mohtasib)
And whereas,
you by the said letter/speech/action, abused/ interfered
with/impeded/obstructed the proceedings of the Wafaqi Mohtasib.
Scandalized the
Mohtasib/staff/nominee/authorized person/officer of the office of Wafaqi
Mohtasib which tends to bring the Mohtasib/his Office/Staff etc. into
hatred/ridicule /contempt.
OR
Committed
___________ which tends to prejudice the fair determination of a matter pending
before the Wafaqi Mohtasib.
And whereas,
this call for action against you for contempt under Article 16(1) of the
Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983
(President's Order No.1 of 1983) hereinafter referred to as the Order;
Now, therefore,
you are hereby called upon to show cause as to why you should not be punished,
for committing the contempt of the Wafaqi Mohtasib, under the Order.
Your reply must
be handed over to the undersigned personally on_______ at __________hours.
BY ORDER
OF THE HONOURABLE WAFAQI MOHTASIB
Signature
{Name and designation of Investigating Officer)
WMS
Form "Q"
[See
regulation 33(6)]
WAFAQI
MOHTASIB (OMBUDSMAN’S) SECRETARIAT
Complaint No.
______________
(Station and Date)
To
(Name and address of the Agency)
Subject:
Notice to Show Cause to the Agency for Awarding Compensation to the
Complainant.
Whereas, the
above complaint has been investigated in this Office and the Wafaqi Mohtasib
has come to the conclusion therein that the complainant has suffered
loss/damage of ______________ n account of the maladministration committed by
you/Agency while ___________ (brief maladministration)
Now, therefore,
you are hereby called upon to show cause as to r the costs/compensation in
terms of Article 22 of the Establishment of the Office of Wafaqi Mohtasib
(Ombudsman) Order, 1983 (President's Order No. 1 of 1983), for _ _ __ __
_ _ _
(amount or
equivalent amount)
may not be
awarded against you/the Agency which shall be recoverable as arrears of Land
Revenue from you/the Agency.
Your reply must
reach on or before the ____________day of __________ 20 ____
BY ORDER
OF THE HONOURABLE WAFAQI MOHTASIB
Signature
[Name and designation of Investigating Officer]
WMS
Form "R"
[see
regulation 25(4)]
For
Consignment to Record.
WAFAQI MOHTASIB (OMBUDSMAN)'S
SECRETARIAT ISLAMABAD/REGIONAL OFFICE
INFORMATION
ABOUT FINAL DISPOSAL OF CASE No. ___________
1.
_______________Name of the complainant
2.
_______________ Name of the Agency
3.
_______________ Name of Investigating Officer
4.
_______________ Date of findings
5. _______________Time
consumed in the investigation ______ Years _____Month _____Days
6. Nature of
Recommendations, (Please tick [] the relevant box)
(a)
Any report
required
(b)
Ay corrective
disciplinary
action suggest
(c) Any defect in Law/Rules
or procedure
indicated
(d) Any- other direction
(Please specify)
7. Nature of
maladministration
_______________________
8. Nature of
complainat/recommendations
_______________________
9. Final
outcome (Please tick [] the relevant
box)
(a) Complaint accepted (Relief)
Provided)
(b) Complaint rejected
(c) Further
Investigation
discontinued
(Complaint closed)
Signature
[Name and designation of Investigating Officer]
SCHEDULE
4[See
regulation 3(2)]
TERRITORIAL JURISDICTION OF HEAD
OFFICE AND REGIONAL OFFICES
|
OFFICE |
TERRITORY/DISTRICTS. |
|
Headquarters,
|
Federal
Capital Area Islamabad, Rawalpindi Attock, |
|
|
Federally
Administered Tribal Areas, (FATA) Federally Administered Northern Areas
(FANA) |
|
Regional
Office, |
|
|
Regional
Office, |
|
|
Regional
Office, |
|
S.R.O.
79(KE)/2004 dated
|
Regional
Office, |
All Districts
of Balochistan. |
|
Regional
Office, Sukkur |
Sukkur,
Khairpur, Ghotki, Naushero Feroze, Nawabshah, Larkana, Jacobabad, Shikarpur
and Dadu. |
|
Regional
Office, |
|
|
Regional
Office, |
|
|
Regional
Office, |
2[Bhakkar]
D.I. Khan; Bannu, Lakki Marwat and Tank. |
|
Regional
Office, Gilgit* |
Northern
Areas |
*
Till the establishment of Regional Office at Gilgit the complaints shall
continue to be investigated at
1.
District "Bhakkar" omitted by S.R.O: 79(KE)/2004 dated
Amendment shall take effect from
2.
District "Bhakkar" added
by ibid. S.R.O; 79(KE)/2004 dated
Amendment shall take effect from
Establishment
of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983
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