The Wafaqi Mohtasib (Investigation and Disposal of Complaints) Regulations, 2013

Updated: Monday January 13, 2020/AlEthnien Jamada El Oula 18, 1441/Somavara Pausa 23, 1941, at 08:10:51 PM

WAFAQI MOHTASIB (OMBUDSMAN)’S SECRETARIAT ISLAMABAD

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, namely:–

CHAPTER-I

PRELIMINARY

1. Short title and commencement — (1) These regulations may be called the Wafaqi Mohtasib (Investigation and Disposal of Complaints) Regulations, 2013.

(2) They shall come into force at once.

2. Definitions.— (1) In these regulations, unless there is anything repugnant in the subject or context,

(a) “Article” means an Article of the Order;

(b) “Authorised Officer” means an officer of the Office authorised by the Mohtasib for admission or rejection of complaints at the preliminary-examination stage;

(d) “Investigating Officer” includes an Advisor, Associate Advisor, Consultant or any other Officer at the head office or the Regional Offices, assigned the duties of investigation of complaints.

(e) “disposal” means the completion of all proceedings of a complaint;

(f) “examination” means scrutiny of complaints by the Registrar or Authorised Officer at the preliminary stage or by the Investigating Officer, on commencement of investigation;

(g) “Form” means a form appended to these regulations;

(h) “Head Office” means the principal seat of the Office at Islamabad;

(i) “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;

(j) “investigation” means inquiry and investigation of allegations raised in a complaint till its disposal;

(k) “Legal expert” means an Advisor, Associate Advisor, Consultant or any other officer having qualifications and experience in Law and duly authorized to deal with the legal aspects of the findings, decisions, recommendations and other legal matters of the Office.

(l) Means of Communication includes transmission of information by post, fax, e-mail, SMS, phone, delivery through a despatch rider, notice in the newspaper or any other known means of conveying a massage;

(m) “Order” means the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (P.O. No. 1 of 1983);

(n) “Act” means the Federal Ombudsmen Institutional Reforms Act,2013 (XIV of 2013)

(o) “Record Room” means the record room at the Head Office where the files are consigned after disposal;

(p) “Regional Offices” means the Regional Offices established at Lahore, Karachi, Peshawar, Quetta, Sukkur, Multan, Faisalabad and Dera Ismail Khan or at any other place which may be established under clause (4) of Article 9;

(q) “Registrar” means Registrar of the Office and includes a Deputy Registrar, Assistant Registrar or any other officer authorized to perform functions of the Registrar;

(r) “Registry” means an office in the Head Office or Regional Offices where the complaints are presented or received;

Investigation and Disposal of Complaints Regulations 2013 2

(s) “Secretariat” means the entire establishment of the Office of Mohtasib including the Head Office and Regional Offices;

(t) “Section” means a section of the Federal Ombudsmen Institutional Reforms Act, 2013;

(u) “Secretary” means the Secretary of the Secretariat.

(v) “Principal Officer” means an officer authorised by the Agency to receive the notice for submission of reports.

(w) “Implementation Officer” means an officer responsible for keeping close liaison with the Agencies and Investigating Officers of that region to monitor the implementation of findings of Mohtasib; and

(x) “Party” means the complainant, Agency or both.

(2) All other terms and expressions used in these regulations but not defined hereinbefore shall have the same meanings as have been assigned to them in the Order or the Act.

CHAPTER-II

PROCEDURE FOR REGISTRATION OF COMPLAINTS

3. Presentation of complaints. — (1) A complaint written in English or Urdu or any regional language may be presented at the Head Office or any of the Regional Offices by the complainant personally or through his representative or may be sent by post, courier service, fax, e-mail, online or any other means of communication.

(2) The territorial jurisdiction of the Head Office and Regional Offices shall be as specified in the Schedule to these regulations:

Provided that the Mohtasib may direct that a complaint falling within territorial jurisdiction of Head Office or any Regional Office may be investigated at another Regional Office or the Head Office.

(3) Each complaint shall be preferably made on the format as set out in Form A or in the manner thereof in accordance with the instructions attached thereto.

(4) Where a complaint is not made on the format set out in 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 any Registry; and

(c) no suit, appeal, petition or any other judicial proceedings, in connection with subject-matter of the complaint, is pending before any court, tribunal or board.

(5) On receipt of a complaint, the concerned official in the Registry shall enter 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 drafting the complaint and filling the Form A, if such assistance is required. He shall also translate the complaint in English/ Urdu if it is written in any of the regional languages.

4. Examination by the Registrar.— (1) The Registrar shall on receipt of the complaint from the Registry,—

(a) allot a registration number to the complaint on Complaint Management Information System (CMIS);

(b) examine the complaint alongwith the documents attached thereto;

(d) enter the main grievances on Form B; and

(e) forward the complaint for admission or rejection by the Mohtasib, or the Authorised Officer.

(2) Where the Registrar finds that further information, verification of facts or documents are required, he may ask the complainant for provision of such information, verification of facts or documents. Investigation and Disposal of Complaints Regulations 2013 3

5. Admission and rejection of complaints at preliminary stage.— (1) Where the grievance of a complainant against an Agency prima facie amounts to mal-administration and the complaint is not incompetent under paragraph (a), (b) or (c) of the proviso to clause (1) of Article 9 or clause (2) thereof and is not barred under the provisions of clause (2) or clause (3) of Article 10, the Mohtasib, the Registrar or any other Authorised Officer, as the case may be, may admit the complaint for investigation.

(2) Where, prima facie, a complaint is not admitted under paragraph (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, the Registrar or, as the case may be, the Authorised Officer may reject the complaint in limine and inform the complainant accordingly as per format set out in Form A-I.

Provided that if the complaint is written in a language other than English, the letter of intimation shall be in Urdu in the format set out in Form A-II.

Provided further that where the allegations contained in the complaint do not fall within the jurisdiction of Mohtasib but such allegations constitute mal-administration of an agency as defined in the Laws relating to any other Federal or Provincial Ombudsman, such complaint may be forwarded by the Registrar to the concerned Ombudsman under intimation to the complainant.

Provided further that Mohtasib or a member of the Staff may exercise his power under Article 33 to informally conciliate, amicably resolve, stipulate, settle or ameliorate any grievance without written memorandum and without the necessity of docketing any complaint or issuing any official notice.

(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 in the format set out in Form A-III or A-IV, as the case may be and pass it on within twenty-four hours to the Investigating Officer authorised to investigate into complaints against an Agency.

(4) Where a complaint is rejected in limine, the Registrar shall inform the complainant of the reasons for rejection of the complaint as per sub-regulation (2) and consign the file to the Record Room.

6. 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 specify.

(2) Where a complainant desires to present the complaint in person to the Mohtasib, he shall, in the first instance, present it to the Registrar 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 Registrar shall record particulars of the complaint in the format as set out in Form C and place the complaint before the Mohtasib for personal hearing of the complainant 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 made, under sub-regulation (3), on the complaints shall be recorded in the format as set out in Form B and C.

7. Complaints against Secretariat staff.— Complaints against any officer or member of staff of the Secretariat shall immediately be forwarded by the Registrar at the Head Office and the In-charge of the Regional Office, as the case may be, to the Secretary for orders by the Mohtasib.

8. 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 its receipt after admission and entrustment to the Investigating Officers is not delayed.

(2) The Authorised Officer at the Head Office and the in-charge of each Regional Office, shall personally ensure speedy processing of complaints before entrusting them to Investigating Officers for investigation.

9. Institution and disposal statement .— The Secretary shall, by the tenth day of each month, submit to the Mohtasib, in the format as set out in Form D, a statement relating to the institution and disposal of complaints for and upto the end of the preceding month. Investigation and Disposal of Complaints Regulations 2013 4

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, authorise any officer of the Office to exercise the powers under clauses (1) and (3) of Article 14.

(2) A complaint received in Head Office or any Regional Office against an Agency, not located within its territorial jurisdiction, shall be sent for investigation to the Regional Office or the Head Office of appropriate territorial jurisdiction:

Provided that the Mohtasib may direct that a complaint may be investigated by a particular Investigating Officer posted at the Head Office or any Regional Office.

11. Temporary Injunctions..— (1) Subject to guidelines issued from time to time, on a complaint supported by an application and affidavit for grant of temporary injunction, approval of the Mohtasib shall invariably be obtained by Investigating Officer and communicated to the Agency and complainant.

(2) The injunction under sub-regulation (1) shall not ordinarily extend beyond seven days.

(3) After hearing the parties, if so required, Investigating Officer may, with the approval of the Mohtasib grant temporary injunction for a period not exceeding sixty days.

(4) Where an injunction has been issued under sub- regulation (3), efforts shall be made to finalise the proceedings within the said period of sixty days.

12. Process of Investigation. — (1) The investigating officer shall be required to immediately examine the complaint (received by him under regulation-5) as to whether:-

(a) the complaint needs to be investigated; or

(b) a report of the agency may be called; or

(c) the matter alleged in the complaint requires spot inspection or inspection of record of the agency or the hearing of the parties.

(2) If the investigating officer finds by proper application of mind and keeping in view the law/rules of the agency and the circumstances leading to the complaint that this case may not be investigated for any of the reasons contained in regulation 23(1)(a),(b),(i),(j),(k),(l), (m),(n),(o),(p),(r),(u),(v)and(w) he shall prepare draft closure findings as per format set out at Form E-I and with the approval of the Mohtasib, inform the complainant accordingly as per format set out in Form F.

(3) If the investigating officer finds that the complaint is not supported by Form-A or the relevant documents or information he may inform the complainant to do so.

(4) If the complainant does not respond to the letter under sub-regulation (3) or does not furnish documents or information the complaint may be closed under regulation 23(1)(c) &(s) with the approval of Wafaqi Mohtasib and inform the complainant accordingly.

(5) If the investigating officer feels that the matter is fit to be investigated and that a report from the agency in respect of the allegations contained in the complaint may be called for he shall issue a notice to the agency in writing not later than two days of the receipt of the complaint by the Investigating Officer:

Provided that in emergent cases requiring immediate action or to avoid recurrence of any mal-administration, the report may be called for through telephone, fax, e-mail or any other means of communication.

(6) 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 authorized by the principal officer to receive the notice and to any other officer who is alleged in the complaint to have taken or authorised the action complained of.

(7) The notice calling for a report shall accompany a copy of the complaint or relevant extract of the complaint highlighting the grievances of the complainant, the alleged nature of mal-administration and the relief sought by the complainant alongwith all relevant documents attached with the complaint.

(8) The report shall be required to be submitted within a maximum period of fifteen days. Investigation and Disposal of Complaints Regulations 2013 5

(9) Where the Agency seeks extension of time in submission of report, such extension shall not exceed seven days.

(10) If the investigating officer feels that there is urgent need of spot inspection or inspection of documents or hearing he may proceed in accordance with regulation 17.

13. List of principal officers of the Agencies and their authorized officers.— (1) The Authorised Officer at the Head Office and officers-in-charge of the Regional Offices shall maintain a list of principal officers of Agencies or, as the case may be, their officers authorized to receive notices on his behalf.

(2) The Co-ordination Wing at the Head Office shall maintain a list of principal officers and their authorized officers, if any, throughout Pakistan and shall update it each month.

(3) The Investigating Officers shall bring to the notice of the Authorised Officer and Co-ordination Wing at the Head Office and officers-in-charge 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 authorized officers.

14. 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 under paragraph (e) of sub-regulation (1) of regulation 23.

(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 under paragraph (g) of sub-regulation (1) of regulation 23.

(3) Where the Agency does not submit the report within the statutory period, the Investigating Officer shall within two days after the due date, issue a notice to the Agency requiring it to depute an officer fully conversant with facts of the case to appear before him within fifteen days on the date and time specified in the said notice alongwith complete record of the case and produce all such documents, including law, rules, regulations or instructions which he intends to rely upon for meeting the allegations made in the complaint.

(4) A copy of the notice, referred to in sub-regulation (3), shall also be sent to the complainant giving him the option to appear before the Investigating Officer on the date and time specified in the said notice and to produce all such documents which he intends to rely upon in support of his allegations made in the complaint.

15. Rejoinder and hearing of cases.— (1) Where the Agency, in its report, contests the allegations made by the complainant and the complaint can be resolved on the basis of available record, the Investigating Officer shall within two days of receipt of the report send it to the complainant to submit his rejoinder on or before the date of hearing. If the complainant fails to submit the rejoinder within the specified or extended period, the Investigating Officer shall dispose of the complaint on the basis of available record.

(2) In other cases, if the Investigating Officer is of the view that hearing is required, he shall within two days of the receipt of report issue a notice to the Agency requiring it to depute an officer fully conversant with facts of the case to appear before him within fifteen days on the date and time specified in the said notice, with complete record of the case and to produce all documents, including law, rules, regulations or instructions, which he intends to rely upon for meeting the allegations made in the complaint.

(3) A copy of the notice referred to in sub-regulation (2), shall also be sent to the complainant alongwith report of the Agency giving him the option either to send his rejoinder or appear before the Investigating Officer on the date and time specified in the said notice and to produce all said documents which he intends to rely upon in support of his allegations made in the complaint. Extension upto seven days may be given on request of either the complainant or the Agency where reasonable cause is shown.

(4) Where the officer, referred to in sub-regulation (3) of regulation 14 and sub-regulation (2) of regulation 15, does not appear before the Investigating Officer on the appointed date, proceedings for exercise of the powers of a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908), as specified in clause (1) of Article 14, of P.O..1 of 1983 to compel appearance and production of documents may be initiated.

(5) The competent authority of the Agency shall be required to take disciplinary action against the concerned officer, who fails to submit report on the complaint under sub-regulation (5) of regulation 12 or to appear for hearing before the Investigating Officer on the appointed date under sub-regulation (3) of regulation 14 and sub-regulation (2) of regulation 15, and inform the Mohtasib within fifteen days of the action so taken. Investigation and Disposal of Complaints Regulations 2013 6

(6) Where the Agency makes a request that any portion of the report or 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.

16. Conduct of hearing.— (1) Without prejudice to power of the Investigating Officer to summon any officer by name from the Agency, the Agency shall ordinarily be asked to depute an officer fully conversant with facts of the case for the purpose of hearing:

Provided that heads of the Ministries, Divisions or departments or the officers of the rank of Additional Secretary and above shall be summoned only with approval of the Mohtasib.

(2) The representative of the Agency and the complainant, wherever deemed appropriate, may not be called for hearing on the same day if a confrontation or misunderstanding is anticipated.

(3) 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.

(4) The mutual agreement or undertaking given by parties may be recorded and signed by the persons representing the parties.

(5) 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, with 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 territorial 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, after inspection of the spot or, as the case may be, record with the report of such inspection, be returned to the Investigating Officer dealing with the complaint.

18. Requisitioning of record of Agency.— Where it is expedient to retain any portion of the record of an Agency relating to the complaint, produced by it under clause (9) of Article 10 and clause (2) of Article 14, an authentic copy thereof may 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 visit the Agency and discuss one or more cases relevant to the Agency after due intimation to the principal officer of the Agency.

20. Information to the complainant.— 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.

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 record of each complaint is properly maintained and the proceedings reflected in chronological order in the order sheet in the format as set out in Form E.

(2) The case file shall contain following particulars on its cover, namely:-

(a) registration number of the complaint;

(b) date of receipt of the complaint by the Investigating Officer;

(d) name of the Agency;

Investigation and Disposal of Complaints Regulations 2013 7

(e) brief subject of the complaint;

(f) whether the file contains correspondence or noting or both; and

(g) date of consignment to the Record Room.

(3) The complaint alongwith cover sheets, consisting of Forms A, B and C, shall be tagged on the right hand side of the file, whereas the order sheet in 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 in Form E shall contain record of actions taken with dates for further processing and shall be used as noting portion 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 approval of the Mohtasib, be closed when it is found that–

(a) the Agency alleged to have committed mal-administration does not specifically fall within jurisdiction of the Mohtasib; or

(b) the Agency is not at fault as a particular procedure was to be adopted or formalities were to be followed by the complainant for redressal of his grievances; or

(c) the complainant fails to furnish 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 redressal of his grievances; 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 complaint 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 redressal of the grievances through consent findings; or

(i) the subject-matter of the complaint does not fall within purview of the Order; or

(j) the subject-matter of the complaint was sub-judice before a court of competent jurisdiction, tribunal or board on the date of presentation of the complaint; 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 after 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 arisen; or

(n) the complaint does not disclose any cause of action to justify the investigation; or

(o) the subject-matter of the complaint is the same as of the complaint that has already been disposed of by earlier findings; or

(p) Omitted

Investigation and Disposal of Complaints Regulations 2013 8

(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 the 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 the Office; or

(s) the subject-matter of the complaint has already been adjudicated by a court, tribunal or a board of competent jurisdiction; or

(t) Omitted

(u) the original findings, in respect of which the implementation process is in progress, have been set aside by the President in accepting representation of the Agency under Article 32; or

(v) the complaint has been made by a person who is not an aggrieved person; or

(w) the complaint is anonymous or pseudonymous; or

(x) the Agency is not at fault as the redressal of the grievance of the complainant by it was to follow an action to be taken by another Agency to which a reference for the purpose has already been made; or

(y) a review petition is filed by an aggrieved party after expiry of statutory period of thirty days of the findings; or

(z) it warrants under the Order 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 reasons being shown by the complainant, be re-investigated.

(3) The complaint shall, on completion of investigation and with approval of the Mohtasib, be rejected when it is found that no mal-administration was involved in the case or the complainant is not entitled to the relief claimed.

(4) The complaint shall, on completion of 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 mal-administration and injustice to the complainant and such mal-administration or injustice needs redressal.

(5) A complaint shall be disposed of within sixty days of its registration.

24. Findings of the Mohtasib — (1) In all cases under sub-regulation (1) of regulation 23, where the investigating officer does not feel the necessity of investigation, he shall prepare draft closure findings as per format set out at Form E-I and with the approval of Mohtasib inform the complainant through a letter on format as set-out in Form F.

(2) In all cases where investigation has commenced but further investigation of a complaint is closed under sub-regulation (1) of regulation 23, the investigating officer shall with the approval of Mohtasib, by a letter in Form F, inform the complainant and the Agency.

(3) In all cases where an investigation has been completed under sub-regulation (3) or (4) of regulation 23 and it is proposed to reject the complaint or accept it and make recommendations for implementation, the Investigating Officer shall prepare draft findings on either of the formats as set out in Form F-I.

(4) The draft findings shall be submitted to the Mohtasib generally within seven days of completion of investigation and shall be simple, impersonal, persuasive and arranged in paragraphs duly numbered in chronological order.

(5) The draft findings shall be submitted to the Mohtasib through his Secretary and also be submitted on CMIS

(6) In all cases where the complaint is rejected on merit the findings shall, after approval by the Mohtasib, be communicated to the complainant and the Agency involved in the format as set out in the Form F-II.

(7) In all cases where the complaint is accepted the findings shall, after approval by the Mohtasib, be communicated to the complainant and the Agency involved in the format as set out in Form F-III. Investigation and Disposal of Complaints Regulations 2013 9

25. Completion of findings and consignment of files to Record Room.— (1) After the findings are approved 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 despatched free of cost, to the complainant and the Agency.

(d) In case the Investigating Officer who finalized the findings has ceased to hold the office or the Agency concerned has been transferred from him, the findings will be issued by the Investigation Officer dealing with the Agency at that time in the Head Office as well as in the regional Office.

(2) Important findings may be circulated to Regional Offices for information, while, with approval of the Mohtasib, selected findings 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 Room within one month of the closure or rejection. Where the recommendations for implementation under clause (1) of Article 11 have been made, the Investigating Officer after receipt of the approval of findings, shall send it to the Agency with the request that the compliance report be sent to the Implementation officer whose contact details shall also be given. Thereafter, the Investigating Officer shall transfer the custody of file to the implementation officer who will follow up the implementation of the recommendations with the concerned Agency. Where on defiance of recommendations moved under Article 12 or on a representation to the President under Article 32, the President orders reinvestigation or further investigation, or a review petition is made by an aggrieved party under section 13 of the Federal Ombudsmen Institutional Reforms Act, the Implementation Officer shall return the file within two days to the Investigating Officer for further action under these regulations. The file shall be consigned to Record Room within one month of the confirmation of implementation of the recommendations by the Agency or the complainant.

(4) Where a complaint is closed or rejected, the Investigating Officer shall fill in the Form R and where findings are implemented or where the President, in a representation under Article 32, sets aside the findings of the Mohtasib, the Implementation Officer shall fill in Form S and place a copy on the relevant file, which shall then be consigned to the Record Room.

26. Review Petition .— (1) The Mohtasib shall have the power to review any finding, recommendations, order or decision on a review petition made by an aggrieved party within thirty days of the findings, recommendations, order or decision Any person aggrieved by findings, recommendations, order or decision of the Mohtasib may, for a review thereof, make a review petition.

(2) The provisions of regulation 3 and Form A shall apply, mutatis mutandis, for making the review petition.

(3) Where a review petition is made under sub-regulation (1), the Investigating Officer shall, within two days of its receipt, if so required, send a notice alongwith a copy of the review petition, under the Order, to the complainant in Form F-IV or, as the case may be, to the Agency in Form F-V, requiring it either to send its rejoinder or report well before the date and time, not more than seven days, fixed for hearing and specified in the said notice or present the rejoinder in the hearing and to show cause as to why the findings, recommendations, order or decision of the Mohtasib in question shall not be altered, modified, amended or recalled.

(4) Where a copy of the notice under sub-regulation (3) is sent to the Agency, it shall be required to depute an officer fully conversant with facts of the case to appear on the date and time specified in the notice with complete record of the case and to produce all said documents, including law, rules, regulations or instructions, which he intends to rely upon in hearing of the review petition.

(5) After considering reply of the complainant, if any, or report of the Agency, as the case may be, and the respective pleadings of the Agency and the complainant during the hearing, if any, the Investigating Officer shall submit the draft revised findings generally within fifteen days to the Mohtasib on the format as set out in Form F-VI for review under clause (2A) of Article 11.

(6) The order passed by the Mohtasib on the draft findings submitted under sub-regulation (5) shall be communicated to the complainant and the Agency on the format as set out in Forms F-VII and F-VIII in case of recall or modification of the original findings. In case of closure of further investigation of the review petition or in case of rejection of the review petition, the letter shall be in the format set out in Form F-IX or F-X, as the case may be. Investigation and Disposal of Complaints Regulations 2013 10

27. Correction of errors, mistakes, misrepresentation etc.— (1) Where through any typographical error, mistake or misrepresentation by the complainant or the Agency, an incorrect figure, fact or position is reflected in the findings, recommendations, order or decision, 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 on the format in Form F-XI for consequential rectification or modification of the original findings, recommendations, order or decision, wherever needed.

(2) In all cases where the consequential rectification or modification is approved by the Mohtasib, the decision shall be communicated to the complainant and the Agency on the format as set out in Form F-XII.

28. Contempt of Court. The Mohtasib shall have power to punish for contempt as in the Contempt of Court Ordinance, 2003 (V of 2003).

29. Defiance of Recommendations .— (1) Where after receipt of final findings, recommendations, order or decision of the Mohtasib or, as the case may be, of the President, an Agency does not, within the specified time, fully comply them or does not give reasons to the satisfaction of the Mohtasib for non-compliance, it shall be liable for initiation of proceedings against it for-

(a) defiance of the findings, recommendations, order or decision under Article 12 of the Order; and

(b) implementation of the findings, recommendations, order or decision under the Code of Civil Procedure, 1908 (Act V of 1908);

(2) Where the Mohtasib is satisfied to lay a special report to the President under clause (4) of Article 11 of the Order, the Agency shall be called upon on the format as set out in Form G to indicate the person primarily responsible for defiance of recommendations so that the said special report may be laid.

(3) When an Agency, before making of the special report, complies with the findings, recommendations, order or decision, the case shall be closed and the special report shall not be forwarded.

30. Execution/Implementation of Recommendations.— (1) the Implementation Officer at Head Office on his own or on a petition filed by the complainant shall, after ascertaining the public servant responsible for non-compliance, submit a self-contained case for approval of Mohtasib.

(2) Before initiating proceedings under sub-regulation (1) of regulation 28, the Agency shall be called upon on the format as set out in Form H to show cause as to why the implementation process shall not be initiated.

(3) On receipt of reply to the show cause notice under sub-regulation (2), the Implementation Officer shall at the Head Office and regional Offices initiate action for seeking approval of the Mohtasib for -

(a) reference to the President, under Article 12, in respect of defiance of the recommendations; and

(b) issuing notice or warrant etc. under relevant rules of Order XXI of the Code of Civil Procedure, 1908 (Act V of 1908). Formats of relevant Notices are at Forms H-I, H-II, H-III, H-IV, H-V and H-VI. Other Forms can be used from CPC on need basis.

31. Communication of orders of the President.— (1) The orders of the President passed on a report for defiance of recommendations under Article 12, or any other report under Article 28 or on a representation made under Article 32 shall, on receipt by the Office, be 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 on the format as set out in Form I to the computer section at the Head Office for onward submission to the Mohtasib. Investigation and Disposal of Complaints Regulations 2013 11

(2) The officers at the Regional Offices shall submit monthly reports through concerned regional heads who may add their comments on the covering note.

33. Notices.— (1) A notice on the format set out in Form J shall be issued to the complainant by registered post if he fails to —

(a) furnish required information or documents;

(b) confirm or verify the complaint or its contents;

(d) confirm the compliance of the procedural requirements of the Agency; and

(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, on the format as set out in Form K, be issued to such Agency.

(3) Where the Mohtasib decides under Article 14 to refer the matter to appropriate authority for criminal or disciplinary proceedings against the Agency, public servant or other functionary, as the case may be, a prior notice to show cause shall be issued to the person who disregarded direction of the Mohtasib, on the format as set out in Form L for disciplinary proceedings and, to the public servant or other functionary, in Form M for criminal or disciplinary proceedings.

(4) Where the Mohtasib decides under clause (4) of Article 14 to award compensation to an Agency, public servant or other functionary, a show cause notice on the format as set out in Form N shall, before awarding such compensation, be issued to the complainant calling upon him as to why the proposed compensation may not be awarded.

(5) Where the Mohtasib decides under Article 16 to proceed against any person for contempt of the Office, a notice, on the format as set out in Form O in respect of the Agency or in Form P in respect of any other person, shall be issued calling upon the contemnor to show cause as to why such proceedings may not be initiated.

(6) Where the Mohtasib decides under Article 22 to award compensation to an aggrieved party, a show cause notice on the format as set out in Form Q shall, before awarding such compensation, be issued to the Agency, public servant or functionary, as the case may be calling upon it or him as to why the proposed compensation may not be awarded.

(7) All notices shall, as far as possible, be issued under registered cover or other means of communication and special care shall be taken to record the correct mailing address.

(8) Separate registers shall be maintained by each Investigating Officer to record particulars of cases in which notices are issued under these regulations.

(9) The format 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.— (1) Where the Mohtasib is asked by a 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 mal-administration 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, mutatis mutandis, apply thereto. However, separate register may be maintained for the record thereof and specific indication number be allocated in the computer CMIS.

(2) Efforts be made for the finalization of such matters on priority basis.

35. Repeal.— The Wafaqi Mohtasib (Investigation and Disposal of Complaints) Regulations, 2003 are hereby repealed. Investigation and Disposal of Complaints Regulations 2013 12

Form A

[see regulations 3(3)(4)(6), 22(3) and 26(2)]

For use by the complainant.

(Detailed instructions are attached)

BEFORE THE WAFAQI MOHTASIB,

Islamabad/Lahore/Karachi/Peshawar/Quetta/Sukkur/Multan/Faisalabad and D. I. Khan (Please tick the relevant)

1. Name and address of the complainant _________________________________

_______________________________________________________________

2. National Identity Card No. __________________________________________

3. Telephone Nos., if any. ____________________________________________

4. Name of the Agency complained against _______________________________

_______________________________________________________________

5. Main grievances requiring redressal:-

(a)

(b)

(c)

(d)

(e)

(Detailed complaint is annexed)

6. Prayer _________________________________________________________

_______________________________________________________________

_______________________________________________________________ Investigation and Disposal of Complaints Regulations 2013 13

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. 2. Addresses of the Offices of the Wafaqi Mohtasib :— (a)	Wafaqi Mohtasib Secretariat, 36 Constitution Avenue, G-5/2, Islamabad	P.O. Box No: 1992 Tele Nos. Exchange: 051-9217206-10 Fax No: 051-9217224 E-mail: mohtasib@mohtasib.gov.pk
(b)	Wafaqi Mohtasib Secretariat, Regional Office, 3rd Floor, State Life Building, 15-A, Davis Road, Lahore	Tele Nos. Exchange: 042-99201017-20 Fax No: 042-99201021 E-mail: wmsrol@mohtasib.gov.pk
(c)	Wafaqi Mohtasib Secretariat, Regional Office, 4-B, Federal Govt. Secretariat, Sadder, Karachi	Tele No. Exchange: 021-99202106-7 Fax No: 021-99202121 E-mail: wmsrok@mohtasib.gov.pk
(d)	Wafaqi Mohtasib Secretariat, Regional Office, 1st Floor, Benevolent Fund Building, Peshawar Cantt.	Tele No. Exchange:091-9211570 Fax No: 091-9211571 E-mail: wmsrop@mohtasib.gov.pk
(e)	Wafaqi Mohtasib Secretariat, Regional Office, Aram Bagh Gali,Opposit A.G.Balochistan,Near Imdad Hospital,Link Zarghoon Road, Quetta	Tele No. Exchange: 081-9202679 Fax No: 081-9202691 E-mail: wmsroq@mohtasib.gov.pk
(f)	Wafaqi Mohtasib Secretariat, Regional Office, House No. 107-A, Near NADRA Office, Sindhi Cooperative Society, Airport Road, Sukkur	Tele No. Exchange: 071-9310011 Fax No: 071-9310012 E-mail: wmsros@mohtasib.gov.pk
(g)	Wafaqi Mohtasib Secretariat, Regional Office, Bungalow No.17(XIX), Stadium Corner, Vehari Road, Multan	Tele No. Exchange: 061-6783473 Fax No: 061-6783475 E-mail: wmsrom@mohtasib.gov.pk
(h)	Wafaqi Mohtasib Secretariat, Regional Office, P-501/A, New Civil Line, Behind Iqbal Statdium, Faisalabad	Tele No. Exchange 041-9201020 Fax No: 041-9201021 E-mail: wmsrof@mohtasib.gov.pk
(i)	Wafaqi Mohtasib Secretariat, Regional Office, H.No.3/H, Survey No.178, Qasim Road Cantt. D. I. Khan	Tele No. Exchange: 0966-9280347 Fax No: 0966-9280256 E-mail: wmsrod@mohtasib.gov.pk

Federal Ombudsman Institutional Reforms Act, 2013