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RAO KHALIL AHMED VS. TAHIR RASOOL.

REPORT OF REGULAR INQUIRY AGAINST MUSHEER

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

REGULAR INQUIRY REPORT.

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

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

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

16.05.2018.

The facts of the complaint in brief were that in execution petition

titled “Rao Khalil Ahmed Vs. Tahir Rasool” pending in the court of Mr.Irfan

Anjum, the then learned Civil Judge, Sadiqabad, the decree holder moved an

application for withdrawal of Rs.118,272/- deposited through register No.06

dated 30.09.2013 with Musheer Ahmed Ex Naib Nazir(Late). It was later on

reported that as per reports of Naib Nazir accounts, no record was available

about deposit of above said decretal amount Rs.118,272/-. The above

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

After first regular inquiry the then learned Senior Civil Judge

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

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

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

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

official.

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

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

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

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

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

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

entrusted for preliminary investigative inquiry in order to fix the responsibility

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

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

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

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

Rahim Yar Khan reached at a conclusion that other responsible officials

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

Abdul Rasheed Bhatti Naib Nazir were also responsible as there was

substance to proceed against the said officials alongwith the said

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

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

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

death of the deceased accused/official.

As the instant inquiry was entrusted to the undersigned by the

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

16.05.2018 with a direction to hold regular inquiry against only Musheer

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

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

into any further against the other officials.

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

S.Yaseem Vs. Pakistan Railways Etc.” that any employee who stood
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superannuated or who has expired during the pendency of disciplinary

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

held that with the death of the accused official disciplinary proceedings

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

divested of the jurisdiction from imposing any penalty on its deceased

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

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

retired employees are concerned the Honourable Supreme Courts of Pakistan

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

disciplinary proceedings initiated against an employee abates with retirement.

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

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

Vs. Government of Pakistan through Secretary, Establishment and

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

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

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

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

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

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

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

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

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

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

While on the other hand referring to the complaints against the

deceased officials, the following case laws supports the version that the
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proceedings against the deceased official may be abated, depending upon the

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

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

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

Maharashter (1986 Lab IC-248) are relevant.

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

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

from service but after the death of the accused/official when the charge against

him and hearing was impossible; neither any penalty as provided in the rules

nor which was opined by the previous learned inquiry officer could be

awarded. Proceedings against the said deceased accused/official may be

abated.

As far as the criminal proceeding against the said official is

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

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

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

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

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

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

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

also avail civil remedy against the said accused official.

Cumulatively, in my humble view the proceedings against the

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

had an opportunity to go for civil remedy.

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

The irresponsibility of other officials directly or indirectly involved in such

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

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

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

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

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

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

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

accused official.

I, therefore, further propose that officials namely Muhammad

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

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

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

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

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

Khan for appropriate orders.

Announced:
04.06.2018. FAHAD-UR-REHMAN,
Inquiry officer/Magistrate Section 30,
Rahim Yar Khan.
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04.06.2018.
O R D E R:
Vide my separate detailed order of even date in English version,

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

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

Khan for further actions.

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