Mohtasib (Ombudsman)’s ANNUAL REPORT 1998
WAFAQI MOHTASIB (OMBUDSMAN)’S SECRETARIAT ZERO POINT, ISLAMABAD – PAKISTAN Tele: (92)-(51)-9201665–9, Fax: 9210487, Telex: 5593 WMS PK E-mail: [email protected]
Mr. Justice (Rtd) Abdul Shakurul Salam was Law School in 1957. administered oath of the office of Wafaqi On return to Pakistan, Mr. Salam start- Mohtasib (Ombudsman) of Pakistan by the ed legal practice in Lahore. He also taught President of the Islamic Republic of Pakistan Constitutional Law in the University Law at the Governor’s House, Lahore on 28th College, Lahore. March, 1995. As a practising lawyer, Mr. Salam was Mr. Salam brings to this prestigious elected Secretary of the Lahore High Court office rich experience in the legal profes- Bar Association in 1961 and President of the sion, education, social service and the Judi- Association in 1971. He was elected as a ciary, acquired over a period of almost 38 member of the Provincial Bar Council for years. three consecutive terms. Born in April 1928 at Hansi in District He was elevated to the Bench and ap- Hissar (India), Mr. Salam graduated from pointed a Judge of the Lahore High Court on the Government College, Rohtak (India) in 2nd October, 1974. 1946. He was then enrolled as a student in His abiding interest in education led the Aligarh Muslim University in M.A. Mr. Salam to be associated with a number of (English) and LL.B and passed Previous institutions of higher learning. He remained Examinations in 1947. a member of the Syndicates of the Universi- On partition, he migrated to Pakistan ty of the Punjab and the University of Engi- and obtained the LL.B degree from the Uni- neering & Technology, Lahore. He was versity Law College, Punjab University in appointed as a member of the Board of Stud- 1949. For higher education, he went abroad ies in Law at the Bahauddin Zikriya Univer- to join University College and obtained the sity, Multan and was nominated by the Fed- LL.M degree from the University of Lon- eral Ministry of Education as a member of don; was called to the Bar by the Hon’ble the Board of Governors of the National Society of Lincoln's Inn in 1956 and was College of Arts, Lahore. enrolled as Barrister-at-Law in the Queen’s In addition to his duties as Judge of the Bench Division, London. He left for the Lahore High Court, Mr. Justice Salam USA and passed his LL.M from the Yale worked as the Custodian of Evacuee Proper-
ty, Punjab and was appointed as Chairman Ghana; Board of Directors, International of the Provincial Zakat Council from 1982 Ombudsman Institute, Copenhagen; Admin- to 1988 for two successive terms. istrative Counselling and Ombudsman Con- He was appointed as the Chief Justice ference in Sendai City, Japan; and the Semi- of the Lahore High Court in April 1988. He nar arranged by Director General Public acted as Governor of Punjab for some time. Complaints Bureau, Prime Minister’s De- He was appointed as a Judge of the partment Malaysia. Supreme Court of Pakistan on 13th Decem- In May 1998, Justice Salam attended ber, 1989 from where he retired on the Third Asian Ombudsman Conference in 31.03.1993. Macau. The Asian Ombudsman Association Mr. Salam served as Federal Minister approved the Bye-laws drafted by the Pre- for Law, Justice & Parliamentary Affairs paratory Committee headed by Justice and Religious & Minorities Affairs from Salam. Under the Bye-laws, elections of the August 01 to October 18, 1993 in the interim office holder of the Association were held. Government. The Vice Minister of the People’s Republic Mr. Justice Salam as Federal Ombuds- of China, Mr. Li Zhilun moved the motion man of Pakistan was elected as the Director that Mr. Salam be elected as the First Presi- representing Asia on the Board of Directors dent of the Asian Ombudsman Association of International Ombudsman Institute (IOI) as he had organised the Association, got the in 1995. Bye-laws of the Association adopted and He organised a Conference of Asian had been the life and soul of the Association Ombudsmen in April 1996. The Conference since its inception. The motion was unani- agreed to form an Asian Ombudsman Asso- mously applauded and approved. Justice ciation (AOA) and elected him as first Chair- Salam was elected as the First President of man of the Asian Ombudsman Association. the Asian Ombudsman Association for a He participated in the International term of two years. Conference of Ombudsmen under the aegis In view of the “personal involvement”, of the IOI in October, 1996 in Buenos Aires, the development of the Asian Ombudsman Argentina. He was elected under the new Association in the Asian Region, “which bye-elections as a Director of the Interna- was hazardous” and his contribution in the tional Ombudsman Institute from the Asian Reforms Committee of the International Region. Ombudsman Institute and advancement of During 1997 he attended the Second the “Concept of Ombudsman”, Mr. Justice Asian Ombudsman Conference, Korea; (Rtd) A. S. Salam on his retirement as an Australasian and Pacific Ombudsman Con- Ombudsman has been elected as an Honor- ference in Darwin, Australia; Fifth Africa ary Life Member of the International Om- Regional Conference of Ombudsman, Accra, budsman Institute.
ii Table of Contents
EPITOME
CHAPTER - I Introduction ...... 1 The Institution in Pakistan ...... 3 Statutory Provisions ...... 4 Directives of the President and Prime Minister of Pakistan ...... 6
CHAPTER - II Performance During the Year ...... 9
CHAPTER - III Special Areas of Relief...... 13 Daughter of Deceased Employee Gets Family Pension ...... 21 Widows of Deceased Employees Allowed to Retain Accommodation with Employment Provided to Her or Son ...... 22 Relief Given to Widows/Retired persons Against Liabilities of HBFC/SBFC and ADBP Loans ...... 25 Deceased Employees Son Appointed According to Government Policy ...... 30 Retired Employees Ensured Their Dues ...... 31 Disabled Persons ...... 34 Lady Complainant Adjusted Near Home ...... 37 Relief Given in Cases Outside Jurisdiction ...... 37 Matters relating to Defence Division ...... 37 Provincial Matters ...... 38
CHAPTER - IV Nature of Maladministration/Complaints ...... 41 Common to all Agencies ...... 41 Wapda...... 42 Pakistan Telephone Company Limited (PTCL) ...... 42 Special Communication Organisation (SCO) ...... 43 Pakistan Post Office and Postal Life Insurance ...... 43 Karachi Port Trust ...... 43 Port Qasim Authority ...... 43
Aviation Division ...... 43 Pakistan International Airlines (PIA) ...... 43 Cabinet Division ...... 43 Capital Development Authority (CDA) ...... 43 Commerce Division ...... 43 State Life Insurance Corporation (SLIC) ...... 43 Education Division...... 44 Allama Iqbal Open University ...... 44 Finance Division ...... 44 Accountant General Pakistan Revenues (AGPR) ...... 44 Agricultural Development Bank of Pakistan (ADBP) ...... 44 State Bank of Pakistan (SBP) ...... 44 House Building Finance Corporation (HBFC) ...... 44 Small Business Finance Corporation (SBFC) ...... 45 Central Directorate of National Savings ...... 45 Nationalised Banks ...... 45 Foreign Affairs Division ...... 45 Health Division ...... 45 Pakistan Medical & Dental Council ...... 45 Housing & Works Division ...... 45 Interior Division ...... 46 Labour, Manpower & Overseas Pakistanis Division ...... 46 Petroleum and Natural Resources Division ...... 46 Railways Division ...... 46 Religious Affairs, Zakat, Usher and Minorities Affairs Division ...... 46 National Savings Centre ...... 47
CHAPTER - V Representative Cases ...... 49 Aviation Division ...... 50 Cabinet Division ...... 52 Commerce division ...... 59 Communication Division ...... 63 Defence Division ...... 75 Education Division...... 77 Establishment Division ...... 84 Finance Division ...... 91 Food, Agriculture and Livestock Division ...... 105 Foreign Affairs Division ...... 106 Health Division ...... 107 Housing & Works Division ...... 108 Industries & Production Division ...... 112 Information and Media Development Division ...... 113 Interior Division ...... 114
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Kashmir Affairs and Northern Areas and States and Frontier Regions Division ...... 119 Labour, Manpower and Overseas Pakistanis Division ...... 120 Local Government and Rural Development Division ...... 121 Pakistan Atomic Energy Commission (PAEC) ...... 122 Pakistan Bait-ul-Mal ...... 122 Petroleum & Natural Resources Division ...... 123 Population Welfare Division ...... 125 Railways Division ...... 126 Religious Affairs, Zakat, Ushr and Minorities Affairs Division ...... 129 Science and Technology Research Division ...... 132 Water & Power Division ...... 134 Karachi Electric Supply Company (KESC) ...... 150
CHAPTER - VI The Office ...... 154 Personnel Strength ...... 154 Office Accommodation ...... 154 Administrative and Financial Aspects ...... 155 Budget ...... 155 Transport ...... 155 Framing of Service Rules...... 155
CHAPTER - VII Improvements Made/Steps Taken by the Agencies to Alleviate Complaints on the Motion of Mohtasib ...... 157
CHAPTER - VIII Recommendations ...... 170 Earlier Recommendations: ...... 170 Specific Recommendations ...... 170 Sanction of Pensions/Family Pensions ...... 170 Complaints Redressal Cell ...... 171 Need for Ombudsman Institution in the Provinces of NWFP and Balochistan ...... 185
CHAPTER - IX International Contacts and Participation in Conferences ...... 186 Conference on “Strengthening National Ombudsman and Human Rights Institutions in the Caribbean” held in Antigua from 9th to 12th March, 1998 ...... 186 Third Asian Ombudsman Conference Held in Macau from 3rd to 8th May, 1998 ...... 188 Preparatory Meeting for the Fourth Asian Ombudsman Conference to be Held in 1999 — Held in Tehran from 8th to 13th August, 1998...... 190 7th Australasian and Pacific Region (APOR) Ombudsman Conference — Held in Port Villa, Vanuatu (South Pacific) from 23rd to 26th August, 1998...... 190
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Meeting of the Board of Directors of International Ombudsman Institute (IOI) Held in Islamabad from 26th to 29th October, 1998 ...... 192
APPENDIX - I President’s Order No. I of 1983 ...... 196
APPENDIX - II Charter of the Asian Ombudsman Association (AOA) ...... 209
APPENDIX - III Bye-Laws of the Asian Ombudsman Association (AOA) ...... 211
APPENDIX - IV Statistical Analysis ...... 220
APPENDIX - V Letters of Thanks ...... 238
APPENDIX - VI List of Officers of Wafaqi Mohtasib (Ombudsman)’s Secretariat ...... 260
vi Epitome
he year 1998 has been very fruitable and years. The recommendations, along with T satisfying in performance of the duties numerous others for improvement of admin- as Wafaqi Mohtasib (Ombudsman). At the istrative actions, were accepted and given initial stage, 15,560 complaints were dis- effect to by the competent authorities. Ser- posed of. Quite often the complainants were vice Rules for the employees of this organi- advised as to what course of action they sation are in the final stages. should take. 43,757 complaints, after full Efforts succeeded in the establishment investigation and hearing the parties, were of the Office of the Provincial Ombudsman disposed of by giving relief in 88% of the of the Punjab and are afoot for the Province cases. These related to grant of pension, of NWFP. provident fund, benevolent fund, medical The Asian Ombudsman Association expenses, insurance claims, concession to adopted its bye-laws and elected thereunder disabled person, employment to them, wid- the Ombudsman of Pakistan as its first Pres- ows and others entitled to and relief in rela- ident with headquarters at Islamabad. This a tion to utility services. Most of these persons unique honour for Pakistan that an interna- were so poor or incapacitated on account of tional body of countries from Australia to ignorance or otherwise, that they would have Turkey comprising of more than 60% of the remained deprived of their rights but for this population of the world was founded with organisation. the efforts of and in Pakistan. Pakistan also Amendments in statute or rules were had the honour to host the first ever meeting recommended for payment of dues to a wife of the Board of Directors of the International whose husband remained unheard for more Ombudsman Institute — a body consisting than a year and family pension in favour of of Ombudsman of more than 87 countries of an unmarried daughter over the age of 21 the world.
In the name of Allah, the Most Gracious, Most Merciful
Verily Allah loves those who are fair (and just). AL-Hujrat (XLIX-9)
CHAPTER - I
INTRODUCTION
n pursuance of President’s Order No. 1 hell. On the Day of Judgement, Allah him- of 1983, Establishment of the Office of self will take the account. Not only will I Wafaqi Mohtasib (Ombudsman) Order, there be record by angels of the deeds of the 1983, now a part of the Constitution of Is- man, but also testimony of his limbs, deposi- lamic Republic of Pakistan by virtue of Arti- tion by the persons who had suffered, and cle 270-A, I submit my last and fourth An- his own explanation. Thus, in Islam ac- nual Report of 1998 to the President of Paki- countability or justification of one’s deed is stan. It contains some reflections before the part of life, here and hereafter. brief description of typical or important The Holy Quran says “And when ye cases. Fuller details and data follow. judge between man and man, that ye judge A cardinal principle of Islam is ac- with justice”. An-Nisa (IV-58). “O ye who countability. It is believed that not only in believe! Stand out firmly for Allah, as wit- this world one has to justify one’s acts but nesses to fair dealing, and let not the hatred also after death, he has to account for his of others to you make you swerve to wrong actions; for good deeds there will be reward and depart from Justice, Be just: that is next of heaven and for bad punishment leading to to Piety” Al-Maeda (V-8). “Whenever ye
CHAPTER - I: Introduction 2 speak, speak justly, even if a near relative is lished and publicly acknowledged. concerned”. Al-An’am (VI-152). “Allah The importance given by Hazrat Ali loves those who are fair and just”. Al-Hujrat (RA) to ensure justice and accountability (XLIX-9). through hearing of complaints and redressal According to the tradition of the Holy of grievances has been reflected in his fa- Prophet, as reported in Tirmazi, it is stated mous letter to Malik Ashtar, the Governor of “Rehman (God Almighty, the Merciful) is Egypt. He directed in the same as follows: kind to those who are kind to others. So be “Out of your hours of work fix a time kind to those on earth, so that He be kind to for complaints and for those who want you.” “On the Day of Judgement the Dearest to approach you with their grievances. and the nearest to God Almighty will be the For this purpose you must arrange pub- Just Ruler whereas the most disliked and lic audience for them, and during this distant from Him will be the Unjust Ruler”. audience, for the sake of God, treat The Holy Prophet himself heard the them with kindness, courtesy and re- complaints. Anybody could go up to him spect. Do not let your army and police and state his/her grievances. After hearing, be in the audience hall at such a time so he would do what would be right and most that those who have grievances against fair to the parties. your government may speak to you The period of the Holy Prophet of freely, unreservedly and without fear. Islam (PBUH) was followed by the period of All this is a necessary factor for your Khulafa-e-Rashedeen (the venerable succes- rule because I have often heard the sors). The first Caliph Hazrat Abu Bakr Prophet (PBUH) saying: That nation or (May Allah be pleased with him), in his government cannot achieve salvation Khutba (address) on the assumption of of- where the rights of the depressed, desti- fice, said “The weakest amongst you will be tutes and suppressed are not guarded the strongest before me till I have restored to and where mighty and powerful per- him his rights and the strongest will be the sons are not forced to accede to these weakest in my eyes till I have extracted from rights.” him what he forcibly wrested from others.” In course of time hearing of complaints The Second Caliph of Islam Hazrat of aggrieved persons against government or Umar Bin Khattab (RA) laid down a system its officials was institutionalised. In Turkey of ‘Adl’, i.e. justice. A typical example of there was an institution known as Dewan-i- accountability and answerability by the Mazalim (Office of redressal of injustice) rulers is that while the Caliph once appeared where any person could lodge a complaint to lead the prayers and stood on the rostrum, against any governmental official, however he was questioned about the shirt he was high, who had done him wrong either by act wearing. The questioner stated that every- or omission; whereupon after enquiry the body was given one piece of cloth, including grievance would be redressed. the Caliph and the shirt he was wearing Strange are the ways things happen, or could not be made with that one piece, as the good ideas find new pastures to prosper. Caliph was a very tall man. The person There was a King of Sweden, Charles XII. A asked him as to how he got the extra length rebellion took place. It was aided by Russia. of cloth? He was told that his (Caliph) son The King took refuge in the other Power of had given him his share. Thus the accounta- the day, Turkey. While there, he observed bility of even the Head of State was estab- working of the office of Dewan-i-Mazalim.
CHAPTER - I: Introduction 3
He inferred that if the grievances of people or larger number of people affected or likely are attended to and redressed they will not to be. be disgruntled or prone to rebel, nor any But when the deprivation was by an act neighbour or enemies would be able to take or omission or oppression by an agent of the advantage of the dissatisfaction or resent- ruler or its establishment, for an ordinary ment. So on his restoration to the Throne, poor person it is not confidence inspiring to the King passed a law on the pattern of the seek or get relief from another administrator. Dewan-i-Mazalim and gave it a Swedish Thus came to be established Parliamentary name, now generally known all over the Commissioner to whom anybody can lodge world as Ombudsman. Of course, it has been his grievance against any administrative improved upon since 1809 and it functions authority who after investigation can rec- in some 87 countries of the world. ommend setting the wrong right. So in the This redressal system of grievance in English system, legal development has been modern times has come by stages. If we — common law, statutory law, equity, refer to the English development it is like Courts, administrative courts or tribunals this. There was Common Law based on and now Parliamentary Commissioner who customs and traditions of people, applied plays the role of and performs the functions and enforced through Manor courts, county like those of the Scandinavian office holders courts and King’s court. When the society who are known as Ombudsman. developed and new norms were required to Thus, the essence of Ombudsmanship be observed, laws were passed by the King- is to help the citizen against the functionar- in-Parliament. Both Common Law and Stat- ies of the State. An ordinary man is no match utory Law were enforced through Courts. In to get his rights if an officer of the State is course of time, common law crystallised in not inclined to listen or relent. Nor an indif- established norms, statutory law being fixed ferent institution is of any help. It is only an and the system of enforcement through institution like that of Mohtasib, Ombuds- Courts being expensive and cumbersome, man, who can listen sympathetically the for rendering justice and being fair, system aggrieved person and redress his grievance. of equitable relief to be granted through a Of course it is possible only when the State Court of Chancery was established. The is attuned to help people, rather than be not main and central criteria for decision by the concerned with their welfare which it does at Chancery Court was to see that justice in its own peril. real sense was done between the parties without burdening or depriving another The Institution in Pakistan unfairly and unreasonably. The principles of The institution of Ombudsman finds its equity enunciated in course of time also got first serious mention in Pakistan in the Inter- formalised and the method of obtaining im Constitution of 1972 which provided for equitable relief through Chancery merged in the appointment of Ombudsmen both at regular Courts became too sophisticated. So, Federal and Provincial levels. However, in for simpler problems not requiring elaborate the Constitution of 1973, the subject is men- arguments or deeper perception of evidence tioned only in the Federal Legislative List. but solution by the executive act, administra- Ombudsman can be appointed in the Prov- tive tribunals or courts were established to inces by enactments by the provincial legis- redress the grievances of the people con- latures. cerned or solve problems of those involved, The most populous provinces of Punjab
CHAPTER - I: Introduction 4 and Sindh have the institution of Provincial Supreme Court, the Supreme Judicial Ombudsman. The institution is also in exist- Council, the Federal Shariat Court or a ence in Azad Jammu and Kashmir. It is High Court. hoped that the Provinces of North West Maladministration has been defined to Frontier and Balochistan will also follow include the following: suit in establishing the institution. That will (i) a decision, process, recommenda- complete the structure of the Ombudsman tion, act or omission or commis- institution in whole of the country, with its sion which: existence at the Federal as well as at all the (a) is contrary to law, rules or Provincial levels. regulations or is a departure The institution of Federal Ombudsman from established practice or (Wafaqi Mohtasib) in Pakistan was estab- procedure, unless it is bo- lished under the Establishment of the Office nafide and for valid reason; of Wafaqi Mohtasib (Ombudsman) Order, or 1983 (President’s Order No. 1 of 1983). The (b) is perverse, arbitrary or un- first Federal Ombudsman (Wafaqi Mohtasib) reasonable, unjust, biased, took Oath of the Office in August, 1983. The oppressive, or discriminato- institution of Wafaqi Mohtasib (Federal ry; or Ombudsman) has its Headquarters in Islam- (c) is based on irrelevant abad, the capital of the country and has four grounds; or Regional Offices located at the Provincial (d) involves the exercise of Headquarters, i.e. Lahore, Karachi, Pesha- powers or the failure or re- war and Quetta. fusal to do so, for corrupt or improper motives, such as, Statutory Provisions bribery, jobbery, favouritism, Establishment of the Office of Wafaqi nepotism and administrative Mohtasib (Ombudsman) Order 1983 (Presi- excesses; and dent’s Order No. 1 of 1983) is included in (ii) neglect, inattention, delay, incom- this report as Appendix-I. Salient features of petence, inefficiency and inepti- the Institution, as laid down in the same, are tude, in the administration or dis- as under. charge of duties and responsibili- The preamble provides for appointment ties. of the Wafaqi Mohtasib (Ombudsman) in Article 3 and 4 provide for the ap- order to diagnose, investigate, redress and pointment of the Wafaqi Mohtasib (Om- rectify any injustice done to a person budsman) by the President of Pakistan with through maladministration. a tenure of 4 years. The significant charac- Under Article 2 of the Order the Agen- teristic of the Office of the Mohtasib been cies whose maladministration is to be over- highlighted as its independence from the seen have been defined as below: Executive, which is laid down as per Article “Agency” means a Ministry, Division, 3(3) in the following words: Department, Commission or office of “The Mohtasib shall, in matters, per- the Federal Government or statutory form his functions and exercise his corporation or other institution estab- powers fairly, honestly, diligently and lished or controlled by the Federal independently of the executive; and all Government but does not include the executive authorities throughout Paki-
CHAPTER - I: Introduction 5
stan shall act in aid of the Mohtasib.” tion of a recommendation given by the Jurisdiction, functions and powers of Mohtasib, the Mohtasib may refer the the Mohtasib are laid down in Article 9. It matter to the President who may, in his extends his jurisdiction to undertake investi- discretion, direct the Agency to imple- gation into any allegation of maladministra- ment the recommendation and inform tion on the part of the Agencies or any of its the Mohtasib accordingly. officers or employees. The proviso excludes In each instance of ‘Defiance of Rec- the jurisdiction of the Mohtasib from matters ommendations’ a report by the Mohta- which: sib shall become a part of the personal (a) are sub-judice before a court of file or Character Roll of the public competent jurisdiction or tribunal servant primarily responsible for the or board in Pakistan on the date of defiance: the receipt of complaint, reference Provided that the public servant or motion by him; or concerned had been granted an (b) relate to the external affairs of Pa- opportunity to be heard in the kistan or relations or dealing of matter.” Pakistan with any foreign state or Under Article 16, the Mohtasib (Om- government; or budsman) has mutatis mutandis the same (c) relate to, or are connected with powers to punish for contempt, as the Su- the defence of Pakistan or any preme Court of Pakistan, for acts which have part thereof, the military, naval been defined under this Article. and air forces of Pakistan, or the Under Article 22 the Mohtasib has matters covered by the laws relat- powers to award costs and compensation and ing to those forces. order refund of amounts. However, for this Further, service matters are excluded purpose it is essential that the public serv- from the jurisdiction in the following man- ants, or functionaries or any Agency be first ner: given an opportunity to show cause why Notwithstanding anything contained in such compensation be not awarded to any clause (1), the Mohtasib shall not ac- aggrieved party for any loss or damage suf- cept for investigation any complaint by fered on account of maladministration. or on behalf of a public servant or func- Article 32 provides that any person tionary concerning any matters relating aggrieved by a decision or order of the Moh- to the Agency in which he is, or has tasib may make a representation to the Pres- been, working in respect of any per- ident of Pakistan who may pass such orders sonal grievance relating to his service thereon as he may deem fit. However, a time therein. limit of 30 days is laid down for this pur- Article 11 vests the Wafaqi Mohtasib pose. (Ombudsman) with the authority to make Article 33 vests the Mohtasib with an Recommendations. extremely useful power, i.e. Informal Reso- Article 12 vests the authority to check lution of Disputes. Many matters are han- the Defiance of his Recommendations in the dled under this provision, specially those following manner: involving humanitarian grounds. “If there is a ‘Defiance of Recommen- Article 36 contains powers of the Moh- dations’ by the public servant in any tasib to make Rules with the approval of the Agency with regard to the implementa- President. Article 37 provides that provisions
CHAPTER - I: Introduction 6 of this Order will have effect notwithstand- Executive Authorities for adjustment ing anything contained in any other law for with the concept of “Accountability”. the time being in force. In order, therefore, to ensure that relief is provided to the common man Directives of the President and Prime against the excesses and acts of mal- Minister of Pakistan administration of the Federal Govern- The President as well as the Prime ment Functionaries, the following in- Minister of Pakistan have emphatically di- structions may be taken note of:- rected the Agencies to implement the Find- i) Recommendations/Findings of the ings/Recommendations of the Wafaqi Moh- Wafaqi Mohtasib (Ombudsman) tasib (Ombudsman) and desist from making should be implemented within the unnecessary representations. The following stipulated time. Representations directives may be specifically quoted in this by the Federal Agencies under Ar- respect. ticle 32 of P.O. 1 of 1983 should 1. Directive No.01 of 1990 vide letter only be made if there is a strong No.178/1/ President of 20 September, 1990. case in their favour. These should “IMPLEMENTATION OF FIND- not be made on frivolous grounds INGS/RECOMMENDATIONS OF or merely to gain time. It has to be WAFAQI MOHTASIB (OMBUDS- noted that Article 3(3) of P.O. 1 of MAN). 1983 specifically enjoins upon all It is a matter of grave concern for Executive Authorities, throughout me to note that the Findings/Re- Pakistan, to act in aid of the Moh- commendations made by the Wafaqi tasib. Mohtasib (Ombudsman) are, at times, ii) The tendency of defying or delay- not implemented promptly by some of ing the implementation of the the Ministries/Divisions. Ombudsman’s recommendations The Ombudsman’s institution has should be avoided. Unjustifiable been established under President’s Or- defiance of the Mohtasib’s rec- der No.1 of 1983 basically to render in- ommendations shall be recorded expensive and speedy justice to the in the personal file/character roll poor and downtrodden citizens, ag- of the public servant primarily re- grieved or affected by the act of mal- sponsible for the defiance, as pro- administration of the Federal Agencies. vided by Article 12(2) of P.O. 1 of However, the very purpose of this high- 1983. ly useful institution is lost when its Finally, all Federal Agencies are, once recommendations are either not imple- again, urged to extend full co-operation mented or are delayed. to the Ombudsman for carrying out his Article 16 of P.O. 1 of 1983 con- functions smoothly in accordance with fers the same powers on the Ombuds- the requirements of P.O. 1 of 1983. man as are enjoyed by the Supreme 2 The President’s Secretariat (Public) Court of Pakistan for the purposes of directed vide letter 8(5)/PS/Legal/91 dated taking action for non-compliance of his 20 February, 1992 that time-barred represen- Orders under Article 14. The Ombuds- tations may not be processed. man, however, has not so far invoked 3. Further, directions were issued by the this Article in order to allow time to the Secretary, Law, Justice and Parliamentary
CHAPTER - I: Introduction 7
Affairs Division vide letter No.2784/93-Law the implementation of Wafaqi Mohta- dated 6th December, 1993 to all the Federal sib’s findings/recommendations/orders Secretaries, as follows:- by submitting representations to the “The President has been pleased to di- President as a matter of routine, has rect that the Ministries/Divisions De- been pleased to direct as under:- partments may refrain from making un- i) All Federal Agencies should necessary representations under Article strictly follow, both in letter and 32 of Presidential Order No.1 of 1983. spirit, the directions of the Presi- The orders of the President may dent circulated vide No.178/1/ also please be brought to the notice of President dated 20th September, the attached Departments, subordinate 1990 and letter No.2784/93-Law offices, corporations, autonomous and dated 6th December, 1993. semi-autonomous organisations under ii) Before making a representation to the control of your Division for strict the President recourse must be compliance.” had to Article 11(2) of the Office 4. Once again the Secretary Law, Justice of Wafaqi Mohtasib (Ombuds- and Parliamentary Affairs Division vide his man) Order, 1983 (P.O. No.1 of letter F. No.10(4)/89-Law dated 19th No- 1983) which provides for review vember, 1995 addressed to all the Federal of his findings etc. by the Wafaqi Secretaries as follows:- Mohtasib. “Please refer to our D.O. letter No. iii) In future compliance shall be 2784/93-Law, dated the 6th December, made promptly in respect of the 1993, whereby the directions of the cases involving pensions, gratui- President of Pakistan were conveyed ties or other benefits arising on re- that the Ministries/Divisions/ Depart- tirement; for giving preference in ments may refrain from making unnec- employment to the widow or chil- essary representations under Article 32 dren of deceased/retired employ- of Presidential Order 1 of 1983. ees in grade 1 to 11 as per relevant In spite of the instructions it has recruitment rules; for appointment been observed by the Prime Minister’s of women against their reserved Secretariat that Ministries/Divisions/ quota; medical expenses; insur- Departments still continue to make un- ance claims; utility bills; compen- necessary representations ostensibly to sation or remission allowed to delay the implementation of the Wafaqi widows, orphans, invalids or in- Mohtasib’s Order. capacitated persons where the I shall be grateful if the instruc- amount is not more than Rs.5 lac tions are complied with in letter and in an individual case and is per- spirit.” missible under the law.” 5. The Prime Minister of Pakistan ad- 6. On 5th July, 1997, the Prime Minister dressed all Federal Ministries, Ministers of Secretariat issued another directive No. State, Federal Secretaries vide letter No. 389/DS-Law/97. The contents of the same JS(Pub)Misc/147156/25035 dated 14.11.95, are reproduced below: directing as follows:- “As recommended by the Wafaqi Moh- “The Prime Minister, with a view to tasib, the head of each Agency is re- eliminating the unnecessary delays in quired to study the recommendations
CHAPTER - I: Introduction 8
made in the Annual Reports for the last proved filing of the representations and 3 years and determine the status of directed implementation of the Recommen- their implementation. For this purpose, dations. The final action by the Prime Minis- it would be appropriate to constitute a ter did not only help the affected poor people group of three officers under the con- but also should serve as a pointer to the cerned Agency for an in-depth exami- Agencies to implement the recommenda- nation of the relevant recommendations tions of the Ombudsman and not hamper and check the progress in each case. On helping of people. completion of this exercise, the head of Recently the Supreme Court of Pakistan each Agency may study the progress has laid down that if a representation is made and send a report to the Wafaqi Mohta- under Article 32 of the P.O. 1 of 1983 against sib, within three months. It may please the recommendations of the Wafaqi Mohta- be noted that where implementation of sib (Ombudsman) to the President of Paki- some recommendations is not possible, stan, he shall while exercising his powers to further action is required to be initiated pass such order “as he may deem fit”, “must for obtaining orders of the Competent act justly and fairly and if the recommenda- Authority. tions made/findings recorded by the Mohta- “The Prime Minister has been pleased sib are intended to be interfered within the to direct that all Secretaries/Additional interest of justice, valid reasons must be Secretaries Incharge of the Minis- assigned. The above phrase (as he may deem tries/Divisions should initiate timely fit) does not imply passing of arbitrary orders action on the recommendations in re- but only just and fair orders by assigning spect of the Ministries/Divisions and valid reasons by the President.” Further that the Organisations under their respective “a complaint in whose favour a finding has administrative control. been recorded and recommendations made “All Ministries/Divisions are accord- by Wafaqi Mohtasib, has a legal right to ingly advised to initiate requisite action demand that the President should decide the and send a report to the Wafaqi Mohta- representation affecting his valuable right by sib and this Secretariat immediately.” assigning valid reasons, if the find- ings/recommendations by the Mohtasib are Generally the recommendations are sought to be set aside, reviewed or modi- implemented promptly, yet there are some fied,” and an “adverse decision should not unfortunate instances of non-implementation have taken against him in violation of the or delay in implementation. A specific in- principle of natural justice”. From this is stance is quoted in Chapter-IV, where rec- quite clear that the recommendations of the ommendations were given to do justice in Ombudsman have to given effect to and even favour of persons affected by a fraud. The the highest authority in the State the Presi- Agency dragged its feet and resorted to dent is not to deprive an aggrieved person in representations under Article 32 of P.O. No. whose favour the Ombudsman had made 1 of 1983. The Prime Minister of Pakistan recommendations without valid reason(s) took serious notice of the matter and disap- and against principles of natural justice.
CHAPTER - II
PERFORMANCE DURING THE YEAR
think it my fortune that in His infinite would have the means to go to different mercy, Allah gave me an opportunity in places nor she would have access to the I this Office to serve some of those who officers who could verify the data. In such had even lost hope that they can ever get circumstances, she would have no option but what is their due. They neither know at to accept her fate that she cannot do any- which door they should knock for relief, nor thing, nor have the dues or the pension. had the means to reach upto that. An exam- When I took over at the end of March, ple may highlight the plight. A woman living 1995, I realised that such like cases were in in a village sends a letter that her husband thousands. I called the senior Officers of the who was an employee of a Government Accounts Department and impressed upon Department had died and she had not been them that they have the authority and the given his dues or the pension. Before pay- means like faxes and telephones and should ment, it is essential to have data as to when exert a little to help poor people and get all her husband was appointed, what was his the data collected, necessary orders passed, salary, at what places had he served in the Pension Payment Order issued and payment Federation, what was the length of his ser- made to the widows whose cases are re- vice, what would be the rate of pension or ferred to them. It all must be done within a dues applicable etc.? Now if the widow were fortnight. I must say that the gentlemen of to be required to provide the authentic data, the Accounts Department throughout the it would be impossible for her. Neither she country, including those from the Armed
CHAPTER - II: Performance During the Year 10
Forces who are outside my jurisdiction, were mensely in helping me in the performance of very kind and cooperative. They disbursed my duties. May Allah shower His blessings the dues and pensions to thousands of such on them. poor people. Though it may seem strange but I must Similarly, small claims of insurance of say so, happily and with gratitude, that the widows and others were got cleared in rec- administrative authorities cooperated won- ord time. Medical bills of retired employees, derfully well and invariably implemented exemption from customs duties for the disa- the Findings and Recommendations. Even bled or handicapped people on import of when I made recommendations for change especially fitted vehicles and other cases of or amendment in the Rules or Law, those too the poor pending for years have been sorted were honoured. For example, according to out and solved. the existing Rules, a family pension availa- I have been deeply conscious of the ble to a widow, on her demise devolves on need for speedy disposal of cases. The back- her son till the age of 21 years and on her log was cleared by the end of 1997. Only daughter until the age of 21 years or mar- 14,985 cases were brought forward for in- riage, whichever is earlier. In a case it tran- vestigation and disposal. These were cleared spired that the daughter could not get mar- by the end of June, 1998. By 30th of Sep- ried till the age of 21 years and the pension tember, 1998, all cases instituted upto 30th was stopped. In a hearing, the Additional June, 1998 were also disposed of. By the end Secretary Finance appeared and I pointed of the year, all cases registered before 30th out to him that the rule envisaged that a girl September, 1998 have been cleared. Thus on would be married before the age of 21 years, the 1st of January, 1999, there were no more and therefore, the provision that the pension cases older than three months. may not be available to the girl on marriage In terms of figures as mentioned above or after 21 years. But if unfortunately she 14,985 cases under investigation were dis- could not be married till the age of 21 years, posed of. 44,289 cases were received during she should not be deprived of pension as the year 1998, out of which 15,560 were well. It will be double tragedy. The Addi- disposed of at the preliminary stage, quite tional Secretary appreciated the problem. often by advising the complainant what to When I made the recommendations for al- do. 28,772 cases were admitted for investi- lowing the girl pension under the plenary gation. Total disposal of the cases after full power in special circumstances and for the investigation would come to be 14,985 + amendment of the Rule, both recommenda- 28,772 = 43,757, out of which 36,896 have tions were accepted and implemented. Now been disposed of, leaving a balance of 6,861. the Rule has been amended to allow a Some of these have since been disposed of. daughter to have the family pension until her Since I took over on 28th March, 1995 marriage. till December, 1998, 102,363 complaints In another case, it transpired that a man were entertained and decided as compared to in service had disappeared. Under the gen- the disposal of similar work from August, eral law of Evidence, a person who is not 1983 to December, 1994 which was heard for 7 years can be presumed to be 141,405. dead and his inheritance or dues become I am very thankful to the Investigating payable to his heirs. In the particular case, a Officers and the staff that they really worked wife urged that her husband had disappeared very hard, cooperated and obliged me im- for more than four and a half years and his
CHAPTER - II: Performance During the Year 11 dues like Provident Fund were with the would like to mention here. The first is that Government and those should be given to Asian Ombudsman Association for which her. I made a recommendation that in such efforts were made for several years past was cases after the disappearance for one year, with the grace of God established in Paki- the wife may be paid the dues on her under- stan in 1996. It would be appreciated that it taking that those will be refunded if the is a unique honour for Pakistan that an inter- husband surfaced and asked for the same. national body consisting of the representa- The State will not be at any loss, and the tives from Australia to Turkey comprising of poor wife, whose husband has disappeared 60% of the population of the world has been and is living in agony whether he is alive or founded in Pakistan. The Headquarters of not, would be helped to some extent. The the Association is Islamabad. The second recommendation was accepted and an important event which has taken place is the amendment in the Statute was made. holding of the meeting of the Board of Di- Wherever I felt that a person deserved rectors of International Ombudsman Insti- help I pointed it out and sent the matter to tute. Ombudsmen or similar Office holders the concerned authority who could grant from some 87 countries are members of the relief, even if those authorities were express- International Ombudsman Institute. From ly excluded from the jurisdiction of the the six continents of the world, three Om- Wafaqi Mohtasib. I am grateful to them that budsmen are elected as Directors of the they cared for my concern. In a case, widow Institute. Pakistan was elected as a member of a soldier who was on leave and had been of Board of Directors from Asia. On the killed, filed a complaint asking for pension. request of the Board of Directors of I.O.I., The matter was referred to the GHQ. It re- after approval of the Prime Minister of Paki- plied that the soldier’s service was only 7 stan, the Ombudsman of Pakistan hosted the years whereas pension was only allowable meeting of the Board of Directors in Islama- after a service of 10 years and that the death bad in the last week of October, 1998. It was had nothing to do with the military service, a great success. The delegates were received but it was a private occurrence. During the by the President of Pakistan who hosted a course of investigation, I had come to know dinner in their honour. The Chief Justice and that the deceased had left a blind old mother Judges of the Supreme Court and Federal and a young widow with a suckling child. I Shariat Court similarly honoured them. stated these facts and closed the case. Lucki- Chairman of the Senate and Deputy Speaker ly for the widow, the matter came to the of the National Assembly hosted them lunch. notice of the then Adjutant General who The Minister of Justice, Law and Parliamen- granted a sum of Rs.35,000 to the widow tary Affairs gave the dinner. Chief Minister from the Welfare Fund. of Punjab gave a reception to some of those I would also like to acknowledge the who visited Lahore. The Ombudsman of co-operation which I got from the officers of Punjab hosted lunch and the Governor of the the Provincial Governments especially Punjab hosted a dinner in their honour. I am NWFP. Whenever I pointed out that a com- very grateful to them. I know and have been plainant deserved redressal of his grievance, told that the delegates were very much im- they honoured the recommendations even pressed that the Office of Ombudsman of though the matter did not strictly fall within Pakistan is accorded high regard by the the ambit of jurisdiction. State. I must say that I had full support and There are two important events which I assistance from all the administrative author-
CHAPTER - II: Performance During the Year 12 ities and the meeting went very smoothly in spite of many misgivings, real or fanciful.
CHAPTER - III
SPECIAL AREAS OF RELIEF
would like to mention some of the cases What I am trying to convey is that in a to highlight the plight of the people. State, there may be good laws and rulers I Without the assistance of this Organisa- may like to rule well but nonetheless the tion, the poor people would not have got the people are not satisfied and become disgrun- relief. The matters required collection of tled with the functioning of the Government. data from various Offices, repeated refer- According to my understanding one of the ences, interpretation and adjudication of the reason is that the persons — officers and laws and the rules where the Departments their subordinates forget to remember that had made their decisions on their own un- they are there and paid to serve and do the derstanding of the laws and the rules and felt job for the citizens. Somehow a feeling is justified in declining relief to the aggrieved generated which governs their conduct that parties. they are there to order and rule. Now it is Before I refer to the concrete cases, I obvious that when the attitude or the vision would like to point out that in not very effi- gets conversed, one doesn’t make to the ciently governed States, the problem is not destination. There is another problem that that there are no norms and laws or that the some are over-burdened with duties and Rulers do not like to govern well. Who does responsibilities. They do not have time to not want to rule well which would automati- think cooly or creatively. There are others. cally prolong his rule? Nor there is any ne- They do not have enough work to occupy cessity of assuming that the rulers must all their time and energies. Time has to be be ill-motivated. spent. It is whiled away in non-productive
CHAPTER - III: Special Areas of Relief 14 activities. I should think that if proper distri- expansion of this Organisation. Not only bution of work is made and the responsibil- will it serve more people but strengthen the ity properly laid, there might be more effi- State structure. ciency and effectiveness. Some of the cases dealt with are as I would also like to point out another follows: aspect of the administrative working and that is that the officer or the person who makes Complaint No. Reg. K/2144/97 the final decision seldom hears or reads a Family Pension of a Widow Restored complaint or the case of the person likely to Mst. Nuzhat Shabbir widow of late Mr. be adversely affected by his decision. Ghulam Shabbir of Karachi stated in her What happens is that the matter is dealt complaint that her late husband was an em- with by a junior officer who submits a ployee of PIA and had nominated her for course of action. This is perused and often receiving of his service dues. On the basis of approved by his senior and the decision- the same she was paid all service dues of her making officer initials it, meaning thereby late husband except Group Insurance and that this is the decision. The case of the Voluntary Insurance. She was also allowed person affected by the decision as stated by family pension as per Rules. Subsequently, him and the relevant facts, if not correctly Mst. Shahida Haider, a sister of her late grasped by the first officer, course of action husband submitted Succession Certificate suggested by him leads to wrong decision by issued by the Civil Judge First Class, Ra- the final authority, who had neither read the walpindi in respect of payment of service case as put by the person concerned nor dues of the deceased. The complainant stat- heard him. This is unjust. Therefore, I would ed that on receipt of the said certificate PIA suggest that the final authority should al- did not pay her the amount of Group Insur- ways go through the case as stated by the ance and Voluntary Insurance and also person concerned, if he is to agree with the stopped payment of pension to her. adverse proposal put up by his subordinates On calling a report the PIA informed — better still it would be to hear the person that after the death of Mr. Ghulam Shabbir a concerned. payment of Rs.390,862 had been made to There is another grave problem. Not the widow towards all dues except Group only laws and rules are ignored but orders of Insurance and Voluntary Insurance. They the competent governmental authorities stated that on receipt of Succession Certifi- requiring carrying out are not obeyed by the cate from Mst. Shahida Haider, sister of the subordinates. The orders of the Government deceased the payment of remaining dues as are to be implemented but its own subordi- well as pension was stopped. nates sometime do not implement promptly A hearing was fixed, which was attend- or delay by sending the file here and there. ed by a representative of the widow as well I have come to believe that this Organi- as representatives of Agency. The repre- sation is very essential and useful to see on sentative of widow was of the view that behalf of the people that they get their rights since she is the nominee according to PIAC given to them by law, rule, government, rules, she is entitled to receive all service promptly and expeditiously. Enforcement of dues of the deceased. However, representa- government decision is essential for its effi- tive of Agency stated that in view of the cacy and this Organisation helps in this be- succession certificate submitted by the sister half. I think the Government should see to of the deceased they cannot make any fur-
CHAPTER - III: Special Areas of Relief 15 ther payment to the widow, unless she also complainant in this regard. produces a succession certificate from the While the action taken by the Agency court of law in her favour. During the hear- was appreciated, it was observed that it ing it was agreed that since according to would have been more appreciable had the rules of Agency only widow is entitled to due amount been paid without the complain- receive family pension her pension should ant’s making this complaint. be restored immediately and she should be paid all arrears on that account. As regards Complaint No. Reg. H/6629/97 payment of outstanding amount of Widow Granted Revised Retiring Benefits Rs.300,000 on account of Group Insur- Due to Her Late Husband ance/Voluntary Insurance, it was observed Mst. Mehroon Iqbal, residing in village that the same may be decided by the Agency Khwaja Ahmed Mandan, Tehsil and District in accordance with their rules and succession Bannu stated that her husband was employed certificate. in the PTCL and had served from 24.8.1975 to 23.1.1996, i.e. more than 20 years. She Complaint No. Reg. H/2585/98 complained that family pension has been Family Pension and Other Dues Paid to granted to her by counting only 16 years Widow service of her late husband. She requested Mst. Safia Begum of Village Sanghar, that the PTCL authorities be directed to pay Tehsil and District Bhimber, Mirpur, Azad the pensionary dues according to 20 years of Kashmir complained about delay in payment service of her late husband and his proper of family pension and other dues of her grade, i.e. BPS-10. deceased husband Mr. Rahmatullah who had On taking up the matter with the Agen- worked in the Pakistan Telecommunication cy it reported that complainant’s husband Corporation Ltd. (PTCL). The case was Mr. Ashraf Khan was appointed as Tele- taken up and pursued with the Agency. As a phone Operator under stop-gap arrangement result thereof the Agency reported that: w.e.f. 24.8.1975; after completion of train- i) G. P. Fund final payment amount- ing, test and regular selection, as well as ing to Rs.10,510 has been made to approval by the competent authority, his the complainant. services were regularised on 25.7.1979. The ii) Group Insurance amounting to Agency was counting the deceased employ- Rs.100,000 and Benevolent Fund ee’s service from that date and hence taking Grant amounting to Rs.10,517 has it to be about 16 years. The Director Ac- been paid. counts, PTCL was requested to supply a iii) Pension amounting to Rs.381 per copy of pension rules applicable to the month; and PTCL employees. In reply it was intimated iv) Gratuity of Rs.45,323.40 have as follows: been sanctioned. Payment of the “In the PTC Ordinance 1990 and PTCL same will be made by the Act, 1996 the pension rules of the Feder- Chief/Senior Postmaster, Mirpur al Government, as were applicable to GPO (Azad Kashmir) for which employees of the erstwhile T&T De- the petitioner should appear be- partment, have been made applicable to fore the Senior Postmaster, the employees of the PTC (now PTCL).” Mirpur, GPO. Necessary intima- The Federal Government Rules being tion has already been sent to the applicable, the Civil Service Regulations
CHAPTER - III: Special Areas of Relief 16
(CSR) are also hence applicable in the case. Kot, District Bhakkar stated that her hus- Regulation 371-A(ii) of the same lays down band retired as Sub-Inspector of Police from as follows: District Faisalabad and was drawing his “Temporary and officiating service fol- pension from District Jhelum. The payment lowed by confirmation which does not of her husband’s pension was transferred to qualify for pension under the rules in the National Bank of Pakistan, Kalur Kot this section shall also count for pension where he had shifted. He died on 14.3.1997. or gratuity subject to the exclusion of The widow complainant could not followed the broken periods of temporary or of- official procedure. This Secretariat under- ficiating service, if any.” took considerable correspondence with the It was thus established that the claim of offices concerned, consequent to which there the widow cannot be denied. Accordingly, it was a positive outcome. It was directed that was recommended that the retiring benefit of the District Accounts Officer, Faisalabad her husband be revised for the total period of should issue the necessary Pension Payment the deceased employee’s service from Order for family pension to the complainant 24.8.1975 to 23.1.1996. Compliance was and submit a compliance report within 30 required to be reported within one month. days.
Complaint No. Reg. H/24366/97 Complaint No. Reg. H/2102/98 Family Pension Granted to Widow Widow of Former East Pakistani Mst. Ghulam Sakina widow of Mr. Pensioner Given Family Pension Muhammad Latif complained that her late Mst. Zulekha Jan, residing in a village husband was a registered Miner in the Salt of Tehsil and District Attock stated that she Mines, Khewra from 22.1.78 to 25.10.1979, had been suffering on account of not getting thereafter he worked as unregistered Miner her family pension. Her husband had served and died while working in the Salt Mines on in the former East Pakistan. It transpired that 10.12.1990. The complainant had not been certain documents were required to be pro- given the benefit of complete service of her duced for the grant of family pension. Inter- late husband both as registered and unregis- vention of this Secretariat helped. The tered Miner which comes to more than 12 AGPR, Sub-Office, Lahore informed that years. It was recommended that the Pakistan the complainant, widow of late Fazal Dad Mineral Development Corporation (PMDC) (former East Pakistani Pensioner) has been and the Employees Old Age Benefit Institu- authorised family pension @ Rs.150 per tion (EOBI) should ensure the payment of month till death, or, remarriage. full family pension to the complainant. As regards pension contribution to be received Complaint No. Reg. H/206/98 from PMDC by the EOBI it was observed Pensionary Benefits Granted to Widow that it is a matter between them to sort out Mst. Bashir Fatima, widow of Mr. and it should not obstruct or delay the pay- Ahmad Khan of Tehsil Noorpur, District ment of family pension to the complainant. Khushab stated that her husband was work- Compliance was desired within one month. ing in the Government Transport Service, Karachi as Conductor and expired on 30th Complaint No. Reg. H/22664/97 June, 1997. She had approached his parent Family Pension Granted to Widow office for settlement of pension case, the Mst. Sahibzada Begum of Tehsil Kalur relevant papers had been deposited in the
CHAPTER - III: Special Areas of Relief 17
Korangi Region Office, Karachi. The Office amendment was made by which the life time of EOBI concerned in Sargodha had failed benevolent grant in old cases sanctioned to finalise the case. On taking up the matter prior to 4.9.1998 had been disallowed. Since with them, expeditious action was taken by the complainant was also sanctioned life all concerned and the complainant widow grant prior to 1998, i.e. in 1985 her life grant was granted family pension @ Rs.425 p.m. was also stopped. On her complaint, the w.e.f. 1st July, 1998. Pension Book was also Railway Department urged that the Railway issued to her, for drawing the pension regu- Board had made similar amendment as in larly. the Federal Law; but after examination of the relevant amendment, it was found that Complaint No. Reg. K/2355/97 the decision of the Railway Board was in- Widow Granted Family Pension consistent with the Statute i.e. Pakistan Mst. Janki Bi of Khairpur filed a com- Railways Ordinance V of 1960 and until that plaint against the Accountant General, Sindh was amended, the Board could not disallow regarding delay in grant of family pension to pension. It was recommended that the wid- her after the death of her husband, Mr. ow should be allowed the pension earlier Mithumal, who had expired on 21.7.1995. sanctioned till remarriage or death. The matter, which had been delayed Another widow similarly placed also eversince, in spite of efforts of the com- got the relief. plainant, was resolved with the intervention of this Secretariat. Consequent to the same, Complaint No. Reg. H/26246/98 the Accountant General Sindh, Karachi inti- Family Pension Granted to Widow mated that he had issued an authority letter Mst. Wilayat Bi of Mouza Darmiana enabling the complainant to draw family Mohrra Rumatt Tehsil Gujar Khan, District pension. The complainant also confirmed Rawalpindi, widow of Pehlawan who had that on receiving the authority she has start- retired as a Gatekeeper from the Railway ed receiving the pension from the District Station, Gujar Khan complained about delay Accounts Officer, Sukkur. in the grant of family pension to her. She stated that her late husband was drawing Complaints No. Reg. H/20838/97 and pension and died on 14.3.1997, she had Reg. H/4315/98 completed the relevant papers, got them Dues of Her Late Husband Paid to Widow attested and submitted to the Station Master, Mst. Sughra Bibi of Pind Dadan Khan Gujar Khan on 12.5.1997 for the grant of widow of Mr. Muhammad Siddique ex-Train family pension to her. The former forwarded Examiner of Pakistan Railways complaint these documents to the Accounts Officer about stoppage of the family pension. The (Pension), Pakistan Railways, Lahore on facts were that her husband retired from 13.5.1997. The complainant had been wait- Railway service on 2.7.1985. He expired on ing for the grant of family pension, making 7.7.1993. In accordance with Pakistan Rail- all possible efforts but there was no re- ways Service Benevolent Fund Ordinance, sponse. 1969 (Ordinance V of 1969) the complainant On investigation of the complaint, it widow was allowed family pension for life was found that the papers received in the or till her remarriage. Under the Federal Lahore Office, had not been linked up and Employees Benevolent Fund and Group submitted to the Accounts Officer. A hearing Insurance (Amendment Ordinance 1988) an was held, during which it was found that
CHAPTER - III: Special Areas of Relief 18 there are 6 Welfare Inspectors in Lahore and ployed as a Constable in the Pakistan Rail- one of their duties is to perform the tasks ways died on 5.3.1989, after his retirement. such as tracing out the cases of similar na- She had visited a number of offices to get ture as this one. It was therefore observed family pension sanctioned to her. Offices of that in such like case the Railway officials, Pakistan Railways told her that her husband particularly the Divisional Superintendent, was an employee of Punjab Police, while the Lahore should have taken the initiative him- Punjab Police took the stand that the case self and utilised the services of one of the was to be settled by Pakistan Railways. Alt- Welfare Inspectors to trace out the papers of hough nine years had since passed, but her the widow in the Lahore Office. There are case was not settled. She requested this Or- Government orders for tracing pension pa- ganisation to intervene in the matter for the pers most urgently and in case of any diffi- redressal of her grievance. culty to grant an anticipatory pension. It was The matter was taken up with the Paki- recommended that the case of the aged wid- stan Railways and remained under corre- ow be finalised and following steps be tak- spondence with them. They informed that en: Superintendent, Pakistan Railways Police, i) One of the 6 Welfare Inspectors at Lahore has sent all requisite documents duly Lahore be deputed by the DS, PR, completed in all respects in favour of the Lahore, to trace out and collect above named widow to the Accountant Gen- the pension papers of the com- eral, Punjab, Lahore. plainant and get them completed The matter was consequently taken up from the widow by calling on her with the Accountant General, Punjab. He at her residence and to hand over informed that family pension payment order these papers to the concerned of- No. 512782 in favour of Mst. Shah Begum ficers in the Accounts Office for was issued to the District Accounts Officer, immediate action for commence- Chakwal on 18.12.1997, for making due ment of family pension to the payment. A copy of this letter was sent to the widow. complainant for necessary action. She con- ii) An anticipatory pension of the firmed back that she had received a sum of amount of Rs.500 p.m., jointly Rs.23,524 from the District Accounts Of- suggested by the department rep- ficer, Chakwal. resentatives during the hearing, be immediately disbursed to the wid- Complaint No. Reg. H/7590/97 ow on monthly advance basis till Family Pension Granted to Widow her pension is sanctioned, when Mr. Siddique Hussain of D. I. Khan this amount can be adjusted. stated that his father, late Ghulam Haider Compliance was desired within 45 was a regular Lineman in Wapda, he was days. enrolled in 1966 but his services were made regular in 1974. During 1977 when late Mr. Complaint No. Reg. H/16295/97 Ghulam Haider ex-Lineman was working in Family Pension Case of a Widow Kohat Sub-Division, he developed some Finalised psychiatric problem. He remained sick for 3 Mst. Shah Begum of Kallar Kahar, years and expired during 1980. He did not Tehsil and District Chakwal stated in her submit any resignation from his service. He complaint that her husband who was em- left behind a widow and children. The chil-
CHAPTER - III: Special Areas of Relief 19 dren were being looked after by their mater- ready sent to the AGPR for finalisation of nal uncle, serving as bus conductor in a the case. It was also stated that the Agency University and earning only Rs.1,800 per was pursuing the case with the AGPR. The month. The children were little educated and intervention of this Secretariat resulted in were without any job. The complainant re- expediting the matter. The complainant was quested for issue of directions to the con- granted family pension w.e.f 24th March, cerned Agency to pay the dues of his father 1997 as requested by her; commuted value and also employ one of his sons against the of pension amounting to Rs.102,588.74 was relevant quota. sanctioned to her and; an amount of This Secretariat took up the matter with Rs.11,346 was also sanctioned in lieu of 180 the various quarters concerned within Wapda days leave at the credit of the deceased. In for the purpose of getting the total service of addition, the Ministry also appointed the son the deceased counted towards pension. A of the complainant as a Naib Qasid on con- substantial number of Wapda Offices were tract basis for a period of two years. It was a concerned. A hearing was held, in which the matter of satisfaction that grievance of the record was also scrutinised. Subsequent to widow was redressed in this manner. all the efforts, mother of the complainant, Mst. Faizan Bibi widow of Mr. Ghulam Complaint No. Reg. H/6001/97 Haider was granted family pension w.e.f. Medical Expenses on Treatment of Late 1.1.1980. It was directed that arrears from Husband Reimbursed to Widow 1980 be also paid. It was further directed Mst. Zamir Akhtar Jamila of Village that one son of deceased Ghulam Haider, Saddiali, District Chakwal stated that her Lineman be employed on a suitable vacancy husband was employed in Wapda. He was as per his qualifications. A compliance re- suffering from cancer. After his treatment in port was desired within 30 days. Wapda Hospital and CMH, he expired in December, 1993. The case of reimbursement Complaint No. Reg. H/996/98 of his medical charges amounting to Family Pension Granted to Widow. Son Rs.19.094 was still pending with Wapda. Gets Employment She requested that Wapda be asked to reim- Mst. Ghulam Aysha widow of Ahmad burse the medical charges to her. The matter Khan Latif of Islamabad stated that her hus- was taken up with Wapda and a hearing was band working in Labour, Manpower & held. Wapda’s representative stated that Overseas Pakistanis Division was declared medical reimbursement case of the com- unfit by the Central Medical Board on 28th plainant was returned to Superintending October, 1996 and he died on 23rd March, Engineer, Chakwal with the request to re- 1997. The Ministry granted him leave on submit the case alongwith time barred half pay for 365 days, about which the Ac- proforma. It was promised that the case will countant General Pakistan Revenue refused, be finalised soon. stating that it was not covered under the The Superintending Engineer (E), existing pension rules. The complainant also Chakwal was directed to resubmit the medi- stated that the family pension case had not cal reimbursement claim of the complainant been finalised. alongwith time barred proforma immediate- On taking up the matter with the Minis- ly. The Chairman Area Electricity Board, try it informed that pension papers submitted Wapda, Islamabad was directed to finalise by the family of the deceased had been al- the case urgently after the same and make
CHAPTER - III: Special Areas of Relief 20 the payment to the poor widow. Compliance the poor widow should not be made to suffer was desired within 30 days. for no fault of her and she should be paid the burial expenses amounting to Rs.1,500 as Complaint No. Reg. H/22198/97 admissible under the Rules. Representative Benevolent Fund and Group Insurance of the Staff Welfare Organisation agreed to Dues Paid to Widow. Also Delayed Burial it. Charges Paid to Her Mst. Kaniz Fatima, widow of late Mr. Complaint No. Reg. H/14590/97 Muhammad Jamil complained about delay Benevolent Fund Grant Sanctioned to in the payment of Benevolent Fund and Widow Group Insurance (BF&GI) Grants as well as Mst. Jaflan Bi, widow of Mr. Ghulam Burial Expenses in respect of her late hus- Rasool presently residing in a village of band, who had worked as Naib Qasid in the Tehsil Kahuta District Rawalpindi stated that office of the DG, Ports & Shipping and ex- her husband expired on 18.9.1996 and she pired on 10.4.1996 during service. She had had not received the Benevolent Fund grant been paid pension, gratuity and GP Fund. so far. She requested that the Federal Em- However, the BF&GI Grants and Burial ployees Benevolent Fund and Group Insur- Expenses had not been paid. ance, Islamabad be asked to sanction the The matter was taken up with the DG Benevolent Fund grant to her. On taking up Ports and Shipping, who informed that the the matter with the Agency it reported that case regarding payment of benevolent fund the complainant’s claim has not been re- and group insurance has been referred to the ceived in their office. It was found that the Assistant Director, FEBI&GI Organisation. required documents submitted by the com- Similarly, the case regarding payment of plainant were held up in the office of the burial charges had been referred to the Chief Surveyor General of Pakistan, the employer Welfare Officer, Staff Welfare Organisation. of the deceased employee. That office was Follow up by this Secretariat resulted in reminded. The intervention of this Secretari- finalisation of the benevolent fund grant to at resulted in that Benevolent Fund grant the complainant w.e.f. 1st April, 1996, i.e. was sanctioned to the complainant on the date of sad demise of her husband, till 15.4.1998. death of the complainant or her remarriage. Rs.85,000 were also paid to her on account Complaint No. Reg. H/273/98 of Group Insurance. As regards burial ex- Welfare Fund Grant Ensured to Widow penses, the Staff Welfare Organisation stated Mst. Iqbal Begum, widow of Mr. Sakhi that these are grantable within six months Muhammad, resident of Khumbi Tehsil from the date of expiry of the employee. As Serai Alamgir, District Jhelum complained Mr. Muhammad Jamil had expired on 10th against Wapda for delay in grant of Welfare April, 1996 the request had become time- Fund. On failure to get relief from the Agen- barred. A hearing was held, which was at- cy, she sought intervention of this Secretari- tended by the representatives of Ports & at. The complaint was taken up with the Shipping Wing as well as the Staff Welfare Agency for comments. The Assistant Secre- Organisation. It transpired that although the tary (Fund) responded that a monthly grant request for burial charges had been made by of Rs.1,080 had been sanctioned to the com- the widow in time, it was delayed en route plainant with effect from 14.2.1996 for life by the Agencies concerned. It was held that or till her remarriage, whichever is earlier.
CHAPTER - III: Special Areas of Relief 21
The complainant was apprised of the report- sion by Pakistan Railways in which her late ed position. She gratefully confirmed the father had served till death on 28.5.1993. receipt of Rs.30,855 upto June, 1998. She stated that he was drawing pension @ 1,175 p.m., her other brothers and sisters are Complaint No. Reg. H/18476/97 married, her mother had died earlier, she is Welfare Fund Grant of Widow Restored unmarried of 42 years of age and has no Mr. Khalid Mehmood of Mirpur Khas stated source of income. She had been trying to get that Wapda had stopped payment of Welfare family pension of her late father eversince Fund grant to his mother, who is a widow. 1993 but had failed. His late father was an employee in the Fish- On taking up the matter with the Agen- eries Division, Wapda, Mirpur, Azad Kash- cy it informed that consequent to an mir. He sought help in the matter. On a ref- amendment made to the Rules by the Gov- erence, the Deputy Director (Admn), Office ernment the complainant who is a daughter of the Chief Engineer, Mangla responded of late Mr. Munirul Hassan ex-Chief Goods that the widow’s husband was appointed as a Clerk, Rawalpindi has become eligible for Beldar on work-charge basis for a period of family pension w.e.f. 1.7.1997. The Agency eight months. He expired while in service. informed that it has issued payment of pen- The Managing Committee of Wapda Welfare sion order in favour of the complainant as Fund sanctioned a grant of Rs.200 for de- under: fraying the funeral expenses of the deceased i) Rs.4,536 @ Rs.756 p.m. from as well as a monthly grant of Rs.50 to the 1.7.1997 to 31.12.1997; and widow for a period of three years, or, till her ii) Regular payment of monthly pen- remarriage, whichever is earlier. The grant sion of Rs.756 p.m. from was paid to the widow. It was however dis- 1.1.1998. continued on expiry of the sanctioned peri- It was a matter of satisfaction that the od. Since the grant was a pittance, it was complainant confirmed the relief. recommended that the matter be reconsid- ered and the said grant be allowed to contin- Complaint No. Reg. H/21184/97 ue, as a special case, for life, or, till remar- Family Pension of a Widowed Daughter riage of the widow. The Agency complied of a Late Pensioner Restored with the recommendation. Mst. Zahida Waheed of Attock City is the daughter of late Mr. Abdul Waheed, who DAUGHTER OF DECEASED EMPLOYEE GETS was a pensioner. She stated that she had FAMILY PENSION been living alongwith her minor children There were cases in which daughters of with her father after the demise of her hus- deceased employees got the relief on ac- band. Her father who was getting pension count of family pension, as in the cases died in April, 1996. Her mother had already quoted below: expired. After the sad demise of her father she was allowed family pension w.e.f. April, Complaint No. Reg. H/22446/97 1996. However, the same was stopped on the Family Pension of Her Late Father plea that if the pensioner had drawn pension Granted to Daughter for 10 years his widowed daughter was not Mst. Misbah Khanum daughter of Mr. entitled to family pension. Munirul Hassan of Rawalpindi complained On taking up the matter the District that she was not being granted family pen- Accounts Office concerned, it informed that
CHAPTER - III: Special Areas of Relief 22 on reference to the Accountant General and completed and she is now waiting for the Finance Department it was held that the payment from that office, which would be complainant was not entitled to family pen- made to her shortly. She thanked this office sion. Investigation of the complaint revealed for taking up her case, as a result of which that this plea is not in conformity with the the relief has been provided in the matter instructions contained in the two of the Pro- held-up so long. vincial Finance Department’s Notifications dated 22.7.1989 and 30.11.1993 respective- Complaint No. Reg. H/10791/98 ly. It was seen that in similar circumstance Daughter Gets Her Mother’s Pension another lady had been allowed pension. Miss Rehana Batool stated that her It was accordingly held that family mother Mst. Fatima served as Aya in the pension sanctioned in favour of the com- Capital Hospital, CDA, Islamabad for more plainant since April, 1996 was perfectly in than 10 years. She retired from service on accordance with the Rules. It was observed medical grounds and expired 14 days after that the pension allowed to a widowed she applied for pension on 10.3.1997. She daughter of a deceased pensioner could not left behind 2 daughters as legal heirs. The be withdrawn or set aside by any Authority elder one nominated her younger sister to without even hearing her. It was observed receive the dues of her deceased mother. She that even God Almighty did not deprive was unmarried and wholly dependent on her Satan of his abode without affording him an mother, as her father had already died. She opportunity of hearing. was not considered eligible for family pen- sion, being over 21 years of age and also the Complaint No. Reg. K/2810/97 condition of removal of age limit of 21 years Withheld Family Pension of Late Mother in case of unmarried daughters was effective Paid to Daughter from 1.7.1997. Mst. Farzana Nazeer resident of Lan- A hearing was held, during which it dhi, Karachi filed a complaint against the was pointed out that the pension case had Accountant General Sindh regarding stop- still not been finalised and beneficiaries had page of payment of family pension in re- still not been established. In the meantime, spect of her late mother Mst. Anwari the Finance Division issued an amendment Begum, who had died on 6.3.1996. Her dated 3.7.1997, which removed the condi- pension had been stopped w.e.f. 26.2.1992. tion of 21 years in case of unmarried daugh- She requested that her late mother’s pension ters. It was recommended that the pension from 26.2.1992 to 6.3.1996 may be paid to case be finalised and payment made to the her. complainant immediately. The matter was taken up with the AG Sindh. The investigation of this Secretariat WIDOWS OF DECEASED EMPLOYEES resulted in resolving the matter which had ALLOWED TO RETAIN ACCOMMODATION been delayed so far. The AG Sindh informed WITH EMPLOYMENT PROVIDED TO HER OR that a revalidation letter was required to be SON issued in respect of pension of late Mst. In the cases quoted below widows of Anwari Begum. The same was issued on deceased employees were allowed to retain 21.1.1998. The complainant was asked to accommodation allotted to their deceased confirm. She intimated that all necessary husband, with employment provided either formalities at the Treasury Office had been to them or son or nominated person, accord-
CHAPTER - III: Special Areas of Relief 23 ing to Government policy in this respect. Complaint No. Reg. H/13878/97 Widow of Deceased Employee to Get Complaint No. Reg. H/14309/97 Employment and Retain Quarter Widow Allowed to Retain Quarter. Mr. Hameeda Bibi, a widow stated that Adopted Son to Get Employment after the sad demise of her husband Mr. Mst. Ameer Begum stated that her Hakim Ali Shahani who was an employee of husband Allah Dad a Chowkidar in the of- Ministry of Finance, Islamabad she applied fice of AGPR, Islamabad, expired while to the same Ministry for a job in the light of performing Hajj, she has no real child but an Cabinet decision dated 8.1.1996. The Cabi- adopted son Mr. Ameer Sultan, who is the net decision lays down that a widow, or, a sole breadwinner and is presently jobless. member of the family of the deceased em- She stated that her family has no shelter ployee should be given employment. The anywhere except the Government quarter Ministry of Finance having no suitable job allotted to her late husband by the AGPR. referred her case to the Ministry of Educa- She requested that her adopted son be em- tion for appointment in any of the Women’s ployed by the AGPR so that the quarter Colleges. The Establishment Division who could be retained. In this connection the were approached by the Education Depart- complainant also referred to a Cabinet deci- ment advised that they may consider her sion dated 18.1.1996, which laid down as case for adjustment somewhere. In the follows: meantime the complainant received a notice “The widow of a deceased government for vacation of the quarter allotted to her late employee one of his eligible children husband and since she had no place to go, should be provided employment in the except this quarter, has three minor children, government at the appropriate level. If she requested that she be allowed to stay in the widow of the children of the de- the quarter till finalisation of her case for ceased government employee are una- employment. ble to take a job, the widow should be The Agency in its reply submitted that authorised to nominate any one person allotment of Quarter No. 71/2-B, Sector for employment. In case of the widow G-7/1, Islamabad was cancelled from the herself taking up the job, her age limit name of Late Hakim Ali Shahani w.e.f. should be relaxed, if required.” 21.2.1997 giving one year time for vacation, On taking up the matter with the according to the Rules. A hearing was held. AGPR, he stated that the matter has been It was reported that the widow’s case for referred to the Auditor General of Pakistan employment is under process in the Federal for the appointment of the adopted son in the Directorate of Education and she is hopeful light of the Cabinet decision. On follow up to get employment. The Estate Office was by this Secretariat, the AGPR informed that directed not to eject the widow from the her adopted son was interviewed and will be quarter till the finalisation of her employ- appointed shortly. With the same, the widow ment case. At the same time, the Federal was allowed to retain Quarter No. 33/11-A, Directorate of Education was directed to G-9/2, Islamabad. finalise the case for employment. Compli- ance was to be reported within 30 days by both the parties.
CHAPTER - III: Special Areas of Relief 24
Complaint No. Reg. H/11890/98 that Quarter No. 20/1-D, F-6/1, Islamabad Service Dues Paid to Widow and Vacation was allotted to her husband, an Accountant Notice of Govt. Accommodation With- in the Estate Office who died on 27.7.1996, drawn with Employment Provided to Her leaving behind six children and a widow. Mst. Nazir Jan wife of Mr. Iftikhar The widow quoted a few precedents where Haider lodged this complaint on behalf of the widows were allowed retention of houses her husband who was employed as a Naib till completion of their children’s education. Qasid in the Ministry of Law, Justice, Hu- She further stated that the Federal Cabinet in man Rights and Parliamentary Affairs. Her their meeting held on 8.1.1996 had inter-alia husband Mr. Iftikhar Haider used to remain taken a number of decisions to facilitate the sick permanently, was therefore asked to families of the deceased government serv- appear before the Medical Board and on its ants. She requested that Wafaqi Mohtasib report he was retired from service. The com- may kindly intervene and issue directions to plainant stated that her husband is still sick, the Works Division to maintain status quo in is under treatment and requested that since respect of her quarter and take decision on there is nobody to earn a livelihood, she her application for appointment of her real should be appointed as a Nurse/Aya in the brother and consequent transfer of quarter in Ministry of Education. She stated that she his name. had been previously employed as Aya by the After hearing the parties and in view of Ministry of Education, but her services were the circumstances of the lady and the fact later on terminated when her contract ex- that there were cases where the widows and pired. She stated that she has five children of the children of deceased Government serv- tender ages and there is nobody to support ants were allowed to retain the Government her family, specially when her husband has accommodation in relaxation of rules, the been permanently incapacitated. Works Division and Estate Office were di- Complainant’s husband Mr. Iftikhar rected to see their way in allowing the com- Haider had been allowed House No. 47/1-A, plainant to retain the quarter for 5 years. The G-7/4, Islamabad, in which the family was Works Division was also directed to take a living and now a Notice had been received decision on the application of complainant’s for vacating it. The complainant also prayed nominee and adjust him in terms of the Cab- that the same be stopped. With the interven- inet Decision. tion of this Secretariat, the lady complainant was employed as an Aya. It was also directed Complaint No. Reg. H/8415/98 that the family be not ousted from the Quar- Widow Allowed to Retain House Allotted ter on the condition that upon the grant of to Late Husband pensionary benefits the family should pay Mst. Maryam Ishaq, a widow, stated for the rent of the Quarter, which should be that she was living in House No. 3/3-E, fairly fixed by the Estate Office. Compliance Street 5, G-7/2, Islamabad, allotted to her report was desired within 60 days. late husband. The complainant is a school teacher in the Federal Government, is in Complaint No. Reg. H/15227/97 BPS-15 and hopes to be promoted to BPS- Widow to Retain Quarter Allotted to Late 16, since her case is under consideration Husband. Her Nominee to Get with the Federal Directorate of Education. Employment She applied to the Prime Minister and the Mst. Shahnaz Zafar, a widow submitted Works Division for allotment of the same
CHAPTER - III: Special Areas of Relief 25 house under Rule 16(4) and quoted a few complainant can pay in 42 instalments. precedents where houses were allotted to the A hearing was held, which was attend- widows of the deceased Government serv- ed by the complainant’s son. He acknowl- ants even two categories above their entitle- edged that the problem of the family has ment. been solved with the intervention of this Keeping in view the fact that the wid- Secretariat. ow was living in the house alongwith her 5 children, her case was already ripe for pro- Complaint No. Reg. H/20216/97 motion, the house in question was only one Widow Ensured Remission of Interest on category above whereas in the past widows HBFC’s Loan According to Prime had been allotted houses even two categories Minister’s Relief Package above as a special case, the Estate Office Mst. Ghulam Sakina of Tando Adam, was directed to allot the house in question to District Sanghar, a widow complained that the widow. the House Building Finance Corporation had delayed in grant of remission of interest on RELIEF GIVEN TO WIDOWS/RETIRED loans announced for the widows. Her late PERSONS AGAINST LIABILITIES OF husband had taken a loan of Rs.37,000 in the HBFC/SBFC AND ADBP LOANS year 1975. He died in 1983. Due to financial In the following cases relief was given difficulties she could not repay the loan. She to widows and retired persons in the context had submitted several applications to the of loan liabilities inherited by them. HBFC. She alleged that the District Manag- er, Mirpurkhas demanded bribe from her and Complaint No. Reg. H/13182/97 as she did not pay the same, her case was Relief Provided to Widow Against turned down on the ground that the plot was Liability of Loan Taken by Her Late sold out to someone who was in possession Husband of the same. Mst. Hajran Begum widow of Mr. Ab- The widow had further complained that dul Hafeez of Hyderabad stated that her late she or her late husband did not sell the house husband had taken a loan of Rs.56,000 from to anyone. One Shamshir Qaimkhani had the HBFC, Hyderabad in 1985 for complet- occupied her house illegally with the help of ing the construction of his house. Her hus- the District Manager, Mirpurkhas. She could band died in 1988 and when he was alive he not sell the house as the original property was repaying the instalments. The complain- documents were in the possession of the ant stated that she was a poor widow, had HBFC, against the loan. She, therefore, two sons and five daughters; only one son approached this Secretariat, requesting for was a low-paid Government servant, draw- writing off the interest on the loan and con- ing a monthly salary of Rs.1,130. She re- sequent return of the documents and posses- ferred to the recent Federal Government sion of the property. instructions for relief to widows in such The matter was taken up with the cases and requested for the same. Agency. Their report was considered; hear- The matter was taken up with the ings were held and it was observed that she Chairman, HBFC. Consequently, the Agency or her husband could not sell the house as intimated that a remission of Rs.53,953 has the original property documents were with been granted to the complainant and there is the HBFC. It thus appeared that grave injus- still a debit balance of Rs.50,733 which the tice was being done to her by the Agency.
CHAPTER - III: Special Areas of Relief 26
The Agency could not produce any docu- case of death during the repayment period mentary evidence of sale of property by the provided he had been paying instalments widow or her late husband. The HBFC ap- including Insurance Premium regularly. peared to have manipulated a case against A hearing was held. During the same her. Mr. Shamshir Qaimkhani did not appear the Agency pointed out that it was only by before the Investigating Officer, nor, any an application dated 3.3.1997 that the com- evidence of his ownership of the house was plainant approached the Agency for the first produced. time about disability of her husband. Certifi- After hearing the parties and examining cate from a private medical practitioner was the record it was recommended that the attached stating that her husband had been HBFC should process the case of remission disabled for the previous three years. The of interest on loan according to the Prime Agency also stated that it was only with the Minister’s Relief Package for widows. issue of Operational Circular No. 242 dated HBFC was also required to proceed depart- 29.5.1996 that relief in the form of “Insur- mentally against the District Manager, ance Claim from State Life Insurance Cor- Mirpurkhas Mr. Khurshid Alam Qureshi poration (SLIC) on Permanent Disablement who had caused unnecessary harassment to of Insured Person” was provided. As per the the widow. The matter was also referred to Circular, relevant documents and evidence, the Chief Secretary Sindh to have the allega- specially evidence of disability of the bor- tion of trespass and occupation of the house rower based on Medical Examination, is of the widow to be inquired into and for required to be provided for processing the taking action according to law. A copy of the Disability Claim with the State Life Insur- order was also sent to the Honourable Pro- ance Corporation (SLIC). This was never vincial Ombudsman of Sindh for his kind done by the complainant and as such it is too information. Thus the grievance of the com- late to process the Disability Claim. plainant-widow was redressed. It was thus seen that relief can only be provided to the complainant on the basis of Complaint No. Reg. H/8735/98 Death Claim. The only repayment made Request for Remission of Loan Liability against the loan was of Rs.8,134 upto the w.e.f. 3.3.1994 When Her Deceased death of the borrower on 29.3.1998. No Husband Became Disabled Acceded repayment had been made after that. As Mst. Mukhtar Begum, widow of Lal such, default of the Principal amount at that Khan of Tehsil Fateh Jang, District Attock time comes to Rs.64,866. To avail of the stated that her late husband had taken a loan Prime Minister’s Relief Package for remis- of Rs.73,000 from the House Building Fi- sion of interest in case of widows, the com- nance Corporation (HBFC), fell ill in 1994, plainant is required to clear the same. The became disabled on 3.3.1994 and ultimately complainant stated that as a widow she has died on 29.3.1998. She requested that she be no source of income, has 6 unmarried given remission in respect of the loan liabil- daughter starting from 25 years age down- ity w.e.f. the date her husband became disa- wards and the only son, who is the youngest, bled, i.e. 3.3.1994. is studying in 6th Class. She stated that she On taking up the matter with the Agen- is not in a position to clear the default cy it reported that liability of the deceased amount of Rs.64,866. borrower to the extent of outstanding bal- The Agency further stated that its rep- ance was covered under Group Insurance in resentative, by personal visit, had obtained
CHAPTER - III: Special Areas of Relief 27 from the complainant the documents re- could be given to the widow. Representative quired for processing the Death Claim. This of the Agency stated during the hearing that effort of the Agency was appreciated. A the borrower was insured and a claim is payment of Rs.51,448 was expected from being taken up with the State Life Insurance SLIC on processing the Death Claim. As a Corporation (SLIC). During processing of special case, on humanitarian grounds, it the complaint, the Agency reported that an was recommended that the complainant be insurance claim of Rs.38,557 in respect of given the benefit under the Prime Minister’s the widow has been received. It was recom- Relief Package for remission of complete mended that HBFC should adjust this interest on loans to widows, in the following amount as further repayment from the wid- manner: ow and should not demand any more amount i) the HBFC should take up the from her. However, the liability of the other Death Claim with SLIC at per- co-sharer will be dealt with according to sonal level in order to get the Rules. payment of Rs.51,448; ii) as a special case, this amount be Complaint No. Reg. H/19949/97 adjusted against repayment of Interest on Loan Drawn by Widow principal amount of Rs.73,000. Remitted According to the Policy The already deposited Rs.8,134 Widow of Mr. Abdul Wahid of Hydera- should also be adjusted against bad stated that she had obtained a loan of principal amount; Rs.65,000 from the HBFC in 1979-80 for iii) the remaining balance of principal the construction of a house. When her hus- amount would be Rs.13,418 band was alive he kept on paying the repay- which may be paid by the com- ment instalments regularly, but he died in plainant. With the same, her ac- 1993. She stated that she has no source of count be completely closed. livelihood, is under financial difficulties and Compliance of action to be taken by had approached for remission of interest the Agency with SLIC as per (i) above was according to the recent policy package of the desired to be ensured within 30 days. Government. The widow was entitled to remission of interest on clearing the liability Complaint No. Reg. K/1675/97 of the principal amount only. On the inter- Relief to Widow in Respect of House vention of this Secretariat her case was care- Building Loan fully examined by the Agency. She was Mst. Bisme-Allah of Hyderabad had given the relief accordingly. taken a loan of Rs.180,000 in 1993 from the HBFC and had repaid Rs.35,000. Her hus- Complaint No. Reg. H/16109/97 band had died in 1984. She stated that her Interest on HBFC’s Loan Remitted in son is handicapped and is fighting for his life Case of Widow in a Government hospital. She stated that it Mst. Fehmida Jehan of Rohri, Sindh, is very difficult for her to meet even his widow of Mr. Abdul Hakeem stated that her expenses. husband had taken a loan of Rs.59,000 from The matter was taken up with the HBFC for construction of a house. He had Chairman, HBFC and a hearing was held. repaid an amount of Rs.67,045. He died and The Agency stated that there were four left the widow with seven daughters and one loanees in the case and as such 25% benefit ten year old child. She stated that her finan-
CHAPTER - III: Special Areas of Relief 28 cial condition is poor and therefore request- fixed as Rs.5,600 per quarter year. A total ed that the remaining liability be remitted payment of Rs.43,250 had been made upto and her house be restored to her. 30.6.1998. It was verified during the hearing The matter was taken up with the that due credits had been given in the Loan Agency, which reported that an amount of Account against original receipts that were Rs.15,293 was remitted on 31.3.1993 and available with the complainant. The total further remission was under process. The outstanding amount as on 30.6.1998 was complainant is required to deposit the de- stated to be Rs.98,837 including Rs.42,087 fault amount of Rs.8,171 towards the princi- on account of interest. The Agency stated ple. A hearing was held. The Agency report- that as a matter of policy it cannot resched- ed that a further remission of Rs.16,864 was ule the instalments, as had been requested by given to the complainant and that the docu- the complainant, however, in a genuine case ments could be returned to the legal heirs of on a loss of business, it can give remission the deceased. The widow gratefully of interest upto 30% and in case of extreme acknowledged that her grievance has been hardship upto a maximum of 50%. redressed. She was asked to collect the prop- Keeping in view the pathetic circum- erty documents from the HBFC if not re- stances of the complainant, who is prepared ceived already. to take the responsibility of the loan taken by her son, it was recommended that: Complaint No. Reg. H/10101/98 i) Rs.43,250 paid by the complain- Request for Recovery of Loan Drawn by ant be adjusted towards repay- Her Son in Easy Instalments and ment of the principal amount. Remission of Interest Acceded This will leave the outstanding Mst. Razia Begum of Rawalpindi, a principal amount as Rs.1 lakh mi- widow stated in her application that her nus Rs.43,250 = Rs.56,750. On husband died 21 years ago, she has 8 chil- payment of Rs.56,750 the princi- dren including 5 daughters and 3 sons. She pal amount should stand cleared. stated that about 3 years ago her son took a ii) On doing the same, she be given loan of Rs. 1 lakh from Small Business Fi- the maximum remission of inter- nance Corporation (SBFC) for setting up a est. As a special case, she be con- business which did not succeed. She stated sidered for maximum remission, that she has repaid 6 instalments, but is now even over and above the 50%. extremely hard-up and her son who had The complainant who was extremely taken a loan went abroad in quest of earning distressed at the beginning of the hearing a living, but has been left unemployed even expressed a sort of satisfaction on the above. there. Compliance was desired within a month. When the matter was taken up with the Agency it replied that the complainant is Complaint No. Reg. H/11812/98 neither the borrower nor the guarantor in the Closing of Account of Loan Drawn by Her case of this loan and hence is an alien. Husband Facilitated for Widow Agency advised that the borrower, son of the Mst. Said Jan, widow of Abdul Karim complainant, should file his case himself. resident of Mohra Jojo Dakhli, Tehsil Gujar After obtaining rejoinder of the com- Khan, District Rawalpindi stated that her plainant a hearing was held. The loan was late husband had taken a loan of Rs.2 lakh taken in 1994, with repayment instalment from the ADBP and he died on 16.2.1990.
CHAPTER - III: Special Areas of Relief 29
She stated that she had paid back Rs.2 lakh, The only repayments made against the i.e. principal amount but the Agency had loan were; Rs.2 lakh on 17.7.1994 and served her a notice for payment of interest Rs.12,000 on 11.2.1998. The Agency clari- amounting to Rs.120,000. She stated that she fied that if the complainant had paid another is a widow with no means of income, her Rs.75,590 by 15.3.1995, thus paying 50% of elder son had been medically boarded out the outstanding interest also, in addition to from Army, is unemployed and is not in Rs.2 lakh paid on 17.7.1994, equivalent to good health. She further stated that her the principal amount, the account could have younger son is also unemployed and re- been closed. The complainant’s side stated quested that interest on the loan taken by her that they could not arrange the amount at late husband be remitted. that time and requested that the benefit be On taking up the mater with the Agen- given at this stage. The Agency stated that if cy it stated that the first instalment of re- benefit of remission of 50% interest out- payment was due on 7.7.1990 but nothing standing as on 30.9.1998 were to be given to was paid upto 30.6.1994 when Rs.2 lakh the complainant now, the payment required were deposited. The Agency stated that heirs would be of Rs.86,288. of the late borrower were informed to avail The complainant being a widow, with PM’s incentive but they did not turn up. On her circumstances as stated, on humanitarian informing about the relief available under grounds and as a special case, it was rec- SBP’s package only another Rs.12,000 were ommended that the loan account be closed deposited. with the payment of Rs.86,288 now. A time In her rejoinder the complainant stated limit of 30 days was given to the Agency that there are three heirs, i.e. 2 sons and and the complainant for this purpose. herself the widow and therefore dividing the principal amount on the three, the liability of Complaint No. Reg. H/12496/98 each heir comes to Rs.66,666. She prayed 75 Years Old Veteran Worker of the that the heirs be given the benefit of remis- Independence Movement as well as the sion of interest under the PM’s Relief Pack- Movement for Liberation of Jammu and age of 1994. A hearing was held which was Kashmir Provided Remission of Interest attended by complainant’s brother and son on HBFC’s Loan According to Prime on her behalf as well as representatives of Minister’s Relief Package the Agency. ADBP Circular No. GCD/4/94 Khwaja Ghulam Mohy-ud-Din Tranbu dated February 8, 1994 on the subject ‘In- presently residing in Rawalpindi is a veteran centives for Repayment of Loans’ was pro- of the Pakistan Movement and struggled for duced. Under the same, borrowers who had the freedom of Kashmir. He and his wife had availed loans upto Rs.50,000 were to be jointly taken a total loan of Rs.29,000 in given remission of full interest on payment 1973 and 1975. The complainant had been of principal amount and borrowers who had very regular in making repayments. The last availed loans between Rs.50,000 and Rs.1 payment was made on 2.10.1994 and as such lakh were to be given remission of 50% he had deposited a total amount of interest, if they pay principal amount as well Rs.42,691.36, but the Agency had refused to as the remaining 50% interest. The facility give clearance certificate to the complainant was initially available upto 8th May, 1994 and to return his property documents. but was ultimately extended upto February On taking up the matter with the Agen- 23, 1995. cy it intimated that a debit balance of
CHAPTER - III: Special Areas of Relief 30
Rs.18,627.23 was outstanding against the DECEASED EMPLOYEES SON APPOINTED loan, as on 31.8.1998, on simple interest ACCORDING TO GOVERNMENT POLICY basis. It was thus required that the complain- In the typical cases quoted below, it ant should pay this amount before the case was recommended that the son of deceased could be closed. On the other hand, accord- employees be given employment in the line ing to the complainant, he had made full due with Government policy. repayment. The reason for the difference was that the Agency had changed the rate of Complaint No. Reg. H/3844/98 interest from 7.5% to 10% at one stage and Son of deceased Employee Gets the same was applicable to the loan. A hear- Employment ing was held, during which it was observed Mst. Munir Sultana of Islamabad stated that the complainant is in possession of a that Allama Iqbal Open University was not certificate issued by the Pakistan Broadcast- appointing her son Mr. Safdar Mehmood as ing Corporation, Rawalpindi-III, stating as Naib Qasid in lieu of her deceased husband follows: Mr. Safdar Aslam who had died during his “Mr. Ghulam Mohy-ud-Din Tranbu has service as Naib Qasid in the AIOU. been employed in Pakistan Broadcast- In its comments the AIOU explained ing Corporation Rawalpindi-III as that the case of Mr. Safdar Mehmood was Script Writer Kashmiri from under consideration in the light of Cabinet 27.12.1976 to 1.1.1983.” decision dated 8.1.1996, which provides that At the same time, a perusal of com- widow of a deceased Government employee plainant’s National Identity Card No. or one of his eligible children should be 210-23-003839 indicated 1923 as his year of provided employment in the Government at birth. He had obtained this certificate partic- the appropriate level. A hearing was also ularly to claim the benefit under the Prime held. The son of widow has been presently Minister’s Relief Package. It was clear from appointed Naib Qasid/Mali (BPS-1) for the foregoing that the complainant can be three months periods, which are regularly rightly treated to have retired at the age of extended, but the Agency ensured that his 60 years, during the currency of the loan. He services will be regularised as soon as ban is therefore entitled to avail the benefit of on recruitment is lifted by the Government. remission of interest on the loan, under the Prime Minister’s Relief Package. With the Complaint No. Reg. H/4019/98 full waiver of interest accordingly, the Loan Son of Deceased Employee to be Account of the complainant would stand Appointed on Reserved Quota cleared. Mst. Nowsher Jana widow of late Sad- It was observed that the complainant is daruddin ex-lineman of Wapda, presently a venerable person, 75 years of age and a residing in Serai Naurang, District Lakki veteran worker of the independence move- Marwat, stated that her husband died during ment as well as the movement for the libera- service. One of her sons was employed as tion of Jammu and Kashmir. It was directed Assistant Lineman during the service of his that he should be given the relief according- father. She requested that another son be ly; no more payment would be required from employed on the quota reserved for the chil- him and; his account should be closed and dren of deceased employees. During investi- property documents should be returned to gation it was discovered that complainant’s him.
CHAPTER - III: Special Areas of Relief 31 son Mr. Salahuddin was employed on con- was a permanent employee of the PMDC tract basis, the job was purely temporary and Coal Mines, Degari, Balochistan. Miners ad hoc and was liable to be terminated on 3 were entitled to old age pension on comple- months’ notice. A hearing was held, during tion of 55 years of age. He had obtained which the Agency extended co-operation. It retirement on 31.10.1992. However, old age was recommended that one son of late Mr. pension was not allowed to him in spite of Saddaruddin be employed on regular basis, the fact that he had attained 63 years of age. on a pensionable appointment, by either He requested for intervention for the re- converting the service of Mr. Salahuddin, or, dressal of his grievance. employing the other son, Mr. Allauddin on The matter was taken up with the Em- regular basis. ployees Old Age Benefits Institution (EOBI) and was pursued with them. In reply, they RETIRED EMPLOYEES ENSURED THEIR informed that the matter was being dealt DUES with under Section 33 of EOB Act, 1976. In the cases quoted below some of the Orders of the Adjudicating Authority dated lower level retired employees got their dues 19.6.1998 allowing pension to the complain- or other relief. ant were received by this Secretariat. It was stated that the Authority examined the case Complaint No. Reg. H/7403/98 and observed that the complainant did not Gratuity Paid to a Retired Miner approach the EOBI for the award of EOB Mr. Nazar Hussain of Kalabagh, Dis- benefits. However, he wrote to the PMDC trict Mianwali had worked as Miner in the for tracing of his old age pension case. Now Salt Mines, Kalabagh, had rendered 38 years on perusal of the documents provided by the of service and retired on 7.1.1998. He had PMDC it has been confirmed that the com- applied for gratuity to the PMDC authorities plainant is entitled to EOB old age pension. of Kalabagh where he was employed, but His date of birth is 15.4.1935 and his insura- could not get the same. ble employment was from July, 1976 to On taking up the matter with the Agen- October, 1992 and accordingly he is entitled cy it informed that payment of gratuity had to EOB old age pension at the age of 55 been held up due to financial difficulties years. The Agency advised that the com- faced by the Agency. It wanted some exten- plainant can therefore, approach any Re- sion in time for providing the relief. With the gional Offices for the settlement of his pen- intervention of this Secretariat the matter sion case. Address of Islamabad and Rawal- was resolved, the complainant agreed to pindi Offices of the Agency, close to the accept the payment of his gratuity in three complainant, were also indicated. The Agen- equal instalments. It was a matter of satisfac- cy further stated that his first intimation will tion that grievance of the complainant was be treated as the date on which the EOBI thus redressed. received his application form from the Hon- ourable Ombudsman’s Office, i.e. 26.5.1998, Complaint No. Reg. H/4875/98 unless he provides some other first intima- Old Age Pension Ensured to a Retired tion with the Institution. Employee Further, it was seen that pension con- Mr. Ghulam Muhammad, presently tribution has not been paid by the PMDC. residing in a village in Tehsil and District The EOBI Regional Office was advised to Rawalpindi stated in his complaint that he recover this contribution from the PMDC.
CHAPTER - III: Special Areas of Relief 32
Vide his letter dated 3.7.1998, the complain- Complaint No. Reg. H/2790/98 ant gratefully confirmed the redressal of his Retired Employee to be Reimbursed grievance. Expenditure on Medical Treatment Mr. Muhammad Naseer Khan of Ra- Complaint No. Reg. H/15173/97 walpindi had retired from Railways Diesel Reg. H/15656/97 Workshop in May, 1993. He was suffering Increase in Pension Granted to Ensure to from urinary problem and reported to the Retired Railway Employees Railway Hospital, Rawalpindi for treatment. Mr. Fazal Hussain, retired Section There was no improvement with the medi- Controller, Mirpurkhas, presently residing in cines and the Doctors did not operate upon a village in District Chakwal complained him stating that they did not have necessary that Railway Administration had failed to arrangements. Under the circumstances the grant him increase in pension w.e.f. complainant requested the Medical Superin- 1.7.1995, though he had addressed them a tendent (MS) Railways Hospital to refer him number of times. On taking up the matter to the Combined Military Hospital (CMH), with the Railway Administration, it reported but the MS did not agree. However, he was that authority letters in respect of 1995 and told verbally by the MS Railways to get 1997 in favour of the complainant had to be himself treated and was promised that he corrected. With the intervention of this Sec- will be reimbursed the cost of surgical oper- retariat, the matter so much delayed was ation and medicine etc. He incurred an ex- expedited. The Agency reported that authori- penditure of Rs.5,500 and Rs.927 on the ty letters duly corrected in respect of the same, but his bills when presented were not complainant had been sent to the Divisional paid. Pay Master, Rawalpindi for arranging pay- During the investigation of the com- ment to him. The complainant gratefully plaint it transpired that the complainant acknowledged the relief and stated that it remained admitted in hospitals for 3 months became possible only with the assistance but he was not operated upon for prostrate provided by this Secretariat. gland. He could not be cured without the operation. He went to a private hospital to Complaint No. Reg. K/644/97 get himself operated and incurred the afore- Retired Employee of PTCL Sanctioned mentioned expenditure. It was held that the Pension and Paid GP Fund Dues expenditure is legitimate, and the treatment Mr. Muhammad Rafi, ex-Daftari, was received in emergent circumstances. It AOTR (Central) Hyderabad complained was, therefore, recommended that the com- against the PTCL stating inordinate delay in plainant be reimbursed the hospital charges the finalisation of his pension case and final of Rs.5,500 and cost of medicines of Rs.927 payment of General Provident Fund. Inter- immediately and compliance be reported vention of this Secretariat expedited the within 30 days. outstanding matter and the Agency reported that pension has been sanctioned and the Complaint No. Reg. H/23047/97 final payment of GP Fund has been made to Withheld Pension of Retired Railway the complainant, who gratefully acknowl- Police Constable Paid and Pension Book edged the relief. Returned Mr. Khan Muhammad, ex-Railway Police Constable stated that after his retire-
CHAPTER - III: Special Areas of Relief 33 ment he was getting pension regularly from was taken up with the AGPR, Karachi, the Divisional Pay Master, Rawalpindi. He which resulted in expeditious action. The sent his Pension Book to Railway Admin- AGPR intimated that GP Fund balance of istration, Karachi, from where he had re- the complainant amounting to Rs.76,639 has tired, for renewal. The same had not been been transferred to the DAO, Hyderabad. returned though 11 months had passed. The complainant was requested to confirm The intervention of this Secretariat compensation. He gratefully acknowledged expeditiously resulted in relief to the com- that his grievance has been redressed by the plainant. The Divisional Accounts Officer, Agency on the intervention of this office. Pakistan Railways, Karachi intimated that the pension book of the complainant has Complaint No. Reg. H/20913/97 been since sent to the Divisional Pay Master, Disability Pension Ensured Rawalpindi, duly renewed for arranging Mr. Sultan Ahmed Abbasi, ex-Assistant payments which had been withheld. Conse- of Ministry of Foreign Affairs (MFA) com- quently, the complainant gratefully plained that he was not been granted Ex- acknowledged that his problem has been traordinary Pension in spite of suffering resolved. from the disease Paraplegia or hemiplegia. On investigation of the complaint it Complaint No. Reg. K/1882/97 was found that the MFA had requested for Pension of Retired Railway Employee Extraordinary Disability Pension for the Revised complainant, but it was on the opinion of Mr. Anwar Ali, a retired employee of successive Medical Boards that the illness Pakistan Railways stated that his pension was not considered to be due to the nature of was to be increased w.e.f. 1.7.1995 and his duties. On the other hand, MFA had 1.3.1997, according to the orders of the explained that the complainant was incapaci- Government. He had made a number of tated due to the pressure of heavy work and requests to the Railway Administration, but unusual tension which he suffered wile to his dismay nothing was done to remove working in the Ministry. his grievance. Intervention of this Secretariat A question arose as to under what au- expedited the matter, in which complainant thority of law, the Medical Board can give had not succeeded to get even a response an opinion amounting to a final decision that from the Agency. It was reported by the illness of an individual is, or, is not due to Agency that orders regarding increase in his nature of duty. Further, it came out that it pension w.e.f. 1.7.1995 and 1.3.1997 have is also the Ministry of Finance which is been issued in favour of the complainant. involved in accepting or rejecting such a claim. Two hearings were held in the case. It Complaint No. Reg. K/122/98 came out that the Medical Board gave its Delay in Transfer of GP Fund from verdicts without considering the opinion of AGPR, Karachi to District Accounts MFA, the employer of the complainant, Officer, Hyderabad regarding the justification that the illness had Syed Zafar Hussain of Hyderabad resulted from the nature of his duties. complained against AGPR, Karachi regard- It was accordingly recommended that ing delay in the transfer of his GP Fund the case of the complainant be referred again balance from AGPR, Karachi to the District to the Medical Board by the MFA for a final Accounts Officer, Hyderabad. The matter report, the Board may take a compassionate
CHAPTER - III: Special Areas of Relief 34 view in the matter, in view of the fact that the alleged loss of Rs.44,520. the individual has suffered quite a lot in the On taking up the matter with Agency in process. its reply it stated that the complainant had been proceeded under Efficiency and Disci- Complaint No. Reg. H/7711/97 pline Rules after completing all the formali- Retired PTC Employee Gets His Service ties and the penalty was imposed conse- Dues quently. The Agency informed that on an Mr. Muhammad Asghar of District appeal the amount of recovery was reduced Mirpurkhas complained about delay in pay- to Rs.21,931 and the monthly deduction ment of his service dues. On taking up the from salary of the complainant has been matter with the Agency it reported that pen- reduced to Rs.200 per month. sion case of the complainant has been settled On examination of the whole matter it and payment of six months pay in lieu of was observed that the 2nd Inquiry Commit- LPR has been made to him. The report of the tee should have traced the quantities of T- Agency was sent to the complainant. He Irons used by various workshops, to point acknowledged thankfully that his grievance out the persons concerned and how they had been settled with the intervention of this removed the material from open yard with- Secretariat. out information of the yard staff and without proper counting. It was held that the report Complaint No. Reg. H/1950/98 of the 2nd Inquiry Committee was faulty and A Lower Grade Employee Absolved of was not supported by proper documentary or Penalty Imposed oral evidence. In the light of the same, it was Mr. Ali Afsar, Ward Keeper of Pakistan held that action taken against the complain- Railways stated that during Eid holidays in ant is illegal and charges against him are not 1995 there was a theft in the open yard of substantiated by the facts of the case. It was Carriage Factory, Islamabad in which 106 T- accordingly recommended that the com- Irons were stolen. He made a report to the plainant be absolved of the responsibility of authorities, consequent to which an inquiry loss of T-Irons which appear to have been was held and also theft case was reported to stolen due to inadequate security arrange- Police for investigation. It was observed that ments in the open yard. The Agency was the Railway Police was present in the Facto- further directed that the recovery made from ry Area during the Eid holidays and there complainant’s salary should be refunded to were big holes in the boundary wall which him and an FIR be got registered with the had been left open like that. Consequent to Police, if it would serve any purpose at this the two inquiries it came out that T-Irons had belated stage, otherwise an inquiry be con- perhaps not been stolen but had been used ducted to determine the security arrange- by different Agencies of the Carriage Facto- ments at the open yard and rest of the Car- ry without the information of the Ward riage Factory and those found responsible Keeper of the yard. Even after replying to for lapses in security arrangements be pro- the charge sheet the penalty of stoppage of ceeded under the law. A compliance was promotion was imposed on the complainant desired within 30 days. as outcome of the final inquiry. Consequent to the same, w.e.f. October, 1996 the de- DISABLED PERSONS partment started deducting a sum of Rs.500 In the typical cases quoted below em- p.m. from the salary of the complainant for ployment was ensured to disabled persons
CHAPTER - III: Special Areas of Relief 35 against quota laid down by the Government down for recruitment against disabled per- and other relief was ensured. sons quota and the Establishment Division has lifted the ban on the recruitment of disa- Complaint No. Reg. H/12033/98 bled persons. Accordingly, it was recom- Disabled Person to be Employed as mended that the complainant be employed as Naib Qasid Naib Qasid. Compliance was desired within Mr. Muhammad Maroof Khan of Ma- 30 days. lote, Tehsil and District Bagh (Azad Kash- mir) stated that he belongs to a poor family Complaint No. Reg. H/3132/98 and is the only son of his father. He passed Appointment Against Disabled Persons’ his Middle Class examination but due to Quota Ensured disability and poverty could not continue Mr. Mujahid Hussain Jokhio, of Larka- further education and was presently unem- na, a disabled person stated that he had been ployed. He had applied to the Directorate submitting applications for employment General of Registration for employment as a under 1% quota reserved for employment of Naib Qasid against the quota for disabled disabled persons, in line with the Ordinance persons. According to the complainant there of 1981. The Social Welfare and Special are a few vacancies of Naib Qasids available Education Division, which oversees the in the Registration Office in his native Dis- implementation under the aforementioned trict Bagh. He requested for intervention of Ordinance, forwarded the complainant’s this Secretariat for employment as Naib application to the Ministry of Railways for Qasid against the disabled persons quota. providing a suitable job. That Ministry in- On calling a report from the Agency it formed the complainant that due to ban on stated that the complainant had appeared for recruitment he cannot be appointed. The interview in the District Registration Office, complainant submitted that the ban has been Rawalakot on 4.1.1996 before the Selection lifted on fresh recruitment of disabled per- Committee but he failed to produce his dom- sons vide Establishment Division’s letter icile certificate. These interviews were con- dated 21.8.1997 and the Ministry of Railway ducted for Phase-III of Centralised System yet not given him employment. of Recruitment and ultimately no recruit- On taking up the matter with the Minis- ment was made as a result of these inter- try of Railways it stated that it has not yet views. The complainant had even produced been able to work out the number of vacan- his domicile certificate later on. He agitated cies which are to be filled against 1% re- in his rejoinder that the Federal Government served quota for disabled persons. This was has recently lifted the ban on the employ- considered not be a reasonable explanation ment of disabled persons according to Estab- of the Ministry when according to the Ordi- lishment Division O.M. No. 5/7/96-RW.II nance of 1981 in case of non-appointment dated 21.8.1997. On follow up of the matter against 1% quota of disabled persons the of this Secretariat the Directorate General Agency is required to pay a sum equal to the Registration informed that it had sought salary carried by the vacant posts. In view of instructions of Establishment Division the same, there is all the more reason that the through its parent Ministry i.e. the Ministry complainant cannot be kept on the waiting of Interior. On examination of the matter, it list only for the reason that Ministry has not was observed that the complainant was in- yet been able to calculate the number of terviewed and fulfilled all requirements laid vacancies to be filled in. Accordingly, it was
CHAPTER - III: Special Areas of Relief 36 directed that the complainant be given a job of this Secretariat some old retirees, includ- on daily wages basis immediately, preferably ing the complainant, had been allowed the at Larkana Railway Station and his case for benefit for life time. regular appointment against 1% quota for Further amendment was made by the disabled persons be processed according to Federal Employees Benevolent Fund and rules after the Ministry has done its internal Group Insurance (Amendment) Act, 1996. exercise. A compliance report was desired This amended Act of 1996 does not provide within 30 days. any concession for life time grant. However, it allows the Benevolent Fund grant for Complaint No. Reg. H/2728/98 fifteen years, or, upto sixty-five years age of Invalid Complainant Exempted from the employee, whichever is earlier, in those Recovery of Excess Benevolent Fund cases only where retirement/invalidation or Grant Paid to Him death during service of an employee oc- Mr. Muhammad Sadiq of Rawalpindi curred prior to 4.9.1988. complained against stoppage of his benevo- As the date of birth of the complainant lent fund grant. He had retired on medical is 2.9.1930, he attained the age of sixty-five grounds and was allowed the said grant @ years on 1.9.1995, whereas the fifteen years Rs.300 per month, which was stopped in period was from 5.1.1981 to 4.1.1996, which March, 1997. He presumed that the grant was on the higher side. As such, the entitle- was admissible for life time to the person ment of benevolent grant in this case was retired on medical grounds. w.e.f. 5.4.1981 to 1.9.1995, i.e. upto sixty- On taking up the matter with the Agen- five years of age, being on the lesser side. As cy, it firstly informed that the complaint is a result, the benevolent fund grant sanc- incomplete and the complainant be advised tioned in favour of the complainant and to furnish some relevant documents for ex- other identical cases as well, was stopped amination of his case. When the complainant being contrary to the provisions of existing was addressed, he informed that being a Act/Law. Also consequently, the benevolent disabled person he cannot attend the offices fund grant drawn by the complainant at the personally and submitted the documents to rate of Rs.300 per month w.e.f. 2.9.1995 to this Secretariat. On taking up the matter 31.1.1997 as per Bank’s certification, be- further with the Agency, it stated that the came irregular and liable to be recovered, in complainant was retired on medical grounds order to avoid violation of the law. It was w.e.f. 5.1.1981, was sanctioned Benevolent stated that the complainant has already Fund grant @ Rs.300 per month for a period availed maximum benefit, upto completion of 10 years w.e.f. 5.1.1981 to 4.1.1991 under of sixty-five years of age on 1 9.1995, as Section 13(1) of the Federal Employees allowed under the provisions of existing Act Benevolent Fund and Group Insurance Act, of 1996 and no further extension is permis- 1969. The Act was amended w.e.f. 4.9.1988 sible as desired by the complainant. where under the period was extended for life However, it was recommended that the time in case of a spouse or an invalid em- complainant being an old disabled person, is ployee and fifteen years (instead of ten unable to earn even his livelihood and the years) or upto reaching sixty-five years of recovery of about Rs.5,100 (from 2.9.1995 age, whichever was earlier. The benefit was to 31.1.1997 @ Rs.300 per month) could meant for those retired on 4.9.1988 and financially burden him at this old age. It was afterwards. However, with the intervention observed that he deserves special sympathy
CHAPTER - III: Special Areas of Relief 37 and relaxation of rules in view of his old age ant was reinstated and posted to the area, and disability. It was therefore recommended Beer Daghi, which is approximately 5 that the recovery liable to made from the minutes walk from her residence. The poor complainant may be condoned. lady complainant was thus provided relief.
LADY COMPLAINANT ADJUSTED NEAR RELIEF GIVEN IN CASES OUTSIDE HOME JURISDICTION This is a case of a Lady Health Visitor Matters relating to Defence Division who was adjusted to serve near her home. Under the provisions of Article 9(1)(c) of the Establishment of the Office of Wafaqi Complaint No. Reg. H/20117/97 Mohtasib (Ombudsman) Order 1983, the Young Lady Adjusted Near Home Mohtasib does not have any jurisdiction to Mst. Balqees Khatoon daughter of investigate or inquire into matters which Malik Muhammad Akbar of Taxila Cantt. relate to, or are connected with the defence Stated in her application that she was re- of Pakistan or any part thereof, the military, cruited as a Lady Health Visitor (LHV) and naval and air forces of Pakistan, or the mat- after she had completed her training and ters covered by the laws relating to those served for over one year, she was relieved of forces. Despite the jurisdictional constraint her duties on 1.9.1997 without assigning any this Office has informally referred com- reason. She stated that she is a resident of plaints of delays in sanction of pension to Bilal Colony and belongs to a poor family. widows and restoration of commuted portion Due to her family circumstances she had of pension, non-payment of pension increas- joined her duties as LHV which also gave es announced by the Government from time her an opportunity to serve the people of the to time and cases of extreme hardship faced area. She stated that since she had no influ- by ex-servicemen to concerned offices of the ence with the authorities she was not allotted Defence. The response from the Offices of the area where she was residing, but was the Adjutant General, Director General Pay allotted Shahpur area which was far from and Pensions and Director General Welfare her residence. She sought intervention for and Rehabilitation has been splendid. The reinstatement in service, stating these hu- action taken by Military Accountant General manitarian grounds. and the Controller Military Pensions has On calling the report from the Agency been equally spontaneous and prompt. Rela- it stated that the complainant was not resid- tively, a smaller number of references ad- ing in the area for which he had been re- dressed to similar offices in the Pakistan Air cruited. She was supposed to establish a Force and Pakistan Navy evoked a favoura- Health House, which she had established at ble response. This Office has lent a support- her home. It was far away from the place for ing hand in resolving issues which have which he was appointed, i.e. Shahpur. benefited the families of ex-servicemen. It was thus established that the com- There were no provisions for pension to plaint was genuine, as the complainant is a foreign widows of Pakistani Officers. On an resident of Bilal Colony and not Shahpur informal reference GHQ took up the matter which is at a distance from her residence. with Ministry of Defence and ultimately The complainant had performed duties to the obtained the orders of the Government of entire satisfaction of the authorities. With the Pakistan to allow family pension to four intervention of this Secretariat the complain- such widows who were settled in countries
CHAPTER - III: Special Areas of Relief 38 abroad. On a recommendation of this Office Khalabat Township, Tehsil and District an amendment was made in the Liberalised Haripur stated that he has not been adjusted Pension Rules, 1977 allowing pension to by the Forest Department, Government of unmarried daughters beyond 21 years in case NWFP as a Chowkidar/Mali in spite of hu- of civilian pensioners. On an informal refer- manitarian grounds. ence from this Office GHQ has taken up the The matter with the Secretary/Chief matter with Ministry of Defence for applica- Conservator, Forest Department, Govern- tion of the same rule to Armed Forces Per- ment of NWFP and a hearing was also held. sonnel as well. This Office has recommend- The complainant informed that he has been ed that the Ministry of Finance take appro- given employment by the department. How- priate action in the case. The affable attitude ever, he stated that he has not been paid of the officers of the Defence departments salary. has helped hundreds of ex-servicemen and Basic grievance of the complainant their families. having been met, the Chief Conservator of Forest Department, Government of NWFP Provincial Matters was asked to ensure the payment of salary to It is fortunate that the provinces of the complainant for the period he had Punjab and Sindh, as well as Azad Jammu worked with department. and Kashmir now have the institutions of Mohtasib. Quite a few complaints relating to Complaint No. Reg. H/22183/97 provincial matters are received. In case they Family Pension to Widow Ensured relate to the two aforementioned provinces Mst. Janatan Bibi a widow residing in or Azad Jammu and Kashmir, which have Tehsil Essa Khel, District Mianwali com- their Ombudsmen, the complaints are passed plained of delay in grant of family pension on to them. The provinces of NWFP and to her. Her late husband had served in the Balochistan do not have the Provincial Om- Police Department, NWFP, in the Dera Is- budsman institutions. However, they have mail Khan Range. extended valuable co-operation when com- The matter was taken up with the In- plaints involving provincial matters are spector General of Police, Government of referred to them. NWFP. After some correspondence, he in- Reported here are a few cases relating formed that according to the report of DIG to the Defence Division and Provincial Gov- Dera Ismail Khan, the family pension papers ernment of NWFP, in which matters were of the widow have been submitted to the resolved with the co-operation of the Agen- Accountant General Punjab, Lahore by the cies concerned/Provincial Government, District Accounts Officer, Mianwali. It was resulting in relief to the complainant. further stated that the DIG, Dera Ismail Khan This co-operative relationship has has been asked to pursue the case for early demonstrated the efficacy of informal reso- finalisation. lution of grievances under Article 33(1) of The intervention of this Secretariat the President’s Order No. 1 of 1983. resulted in sorting out the matter between these Agencies of the two provinces. The Complaint No. Reg. H/183/98 Accountant General Punjab, Lahore request- Complainant Gets Employment on ed the Accountant General NWFP, Peshawar Humanitarian Grounds to issue family pension authority on receipt Mr. Abdul Salam, Village Qazian, PO of which family PPO will be issued to the
CHAPTER - III: Special Areas of Relief 39 widow. The Accountant General NWFP, do so. Thus, her pay was stopped. On check- Peshawar was requested to co-ordinate ac- ing by superior officials on various occa- tion with the AG Punjab, in order to provide sions, she was found absent from duty. She relief to the complainant at an early date. requested for release of her pay. On referring Copy of the Findings were forwarded to the the case, the Agency reported that the com- two Accountants General for effective co- plainant was constantly irregular in attend- ordination and with the directions to arrange ing to her duties. She obtained transfer order the issue of PPO to the widow within 30 from an officer was not competent to do so. days. During hearing, all concerned appeared and bore testimony to the fact that the complain- Complaint No. Reg. P/387/98 ant was mostly absent from duty. The com- Due Salary to be Paid by the Education plainant put forward her difficulties of the Department NWFP transport plying between her house and Mr. Muhammad Jamil CT Teacher, school, which was accepted as one of the Government Higher Secondary School, reasons but not as the major cause of her Zaida, District Swabi, NWFP complained absence. During the hearing, the complain- that he did not receive salary for 11/95 when ant unconditionally apologised for absence he was serving as a Teacher in the Govern- from duty and promised to attend to her ment Higher Secondary School Kota, Tehsil duties in most dedicated manner. Keeping in Bari Kot District Swat. He had received view her young age, start of career and fi- salary for 10/95 and 12/95 and salary for nancial as well as transport difficulties of the 11/95 only remained unpaid. The matter was affected family, the DEO accepted her apol- taken up with the Director, Primary Educa- ogy conditionally, thus it was recommended tion, Government of NWFP and it was also to release her pay. referred to the Headmasters of the Schools concerned. Hearings were fixed for various Complaint No. Reg. H/160/98 dates in which the complainant was present Family Pension to Widow Ensured but the Agency was not represented. How- Mst. Razwana Begum of Peshawar, a ever, the documents available with the com- widow, stated that she has not been paid plainant were examined. It was recommend- pension, GP Fund and other dues of her late ed that the complainant be paid his due husband who died while he was working as monthly salary and allowances for the month Patwari, Palozai, Peshawar. of 11/95 by the present office, after obtain- The matter was taken up with the Dep- ing Non-payment Certificate from the insti- uty Commissioner, Peshawar, who was good tution where he was serving during 11/95. enough to inform that payment of pen- Compliance was desired within 30 days. sion/gratuity has been made to the widow and as regards payment for encashment of Complaint No. Reg. P/848/98 LPR, final payment of GP Fund and Group Salary of Provincial Employee Released Insurance etc, the Accountant General con- Miss Shahwana Parveen of Ziarat Kaka cerned/State Life Insurance Corporation Sahib, District Nowshera, NWFP com- have been approached. The case was closed plained that she performed her duty as a with the request that the Deputy Commis- teacher in a village Girls Primary School. sioner, Peshawar may personally supervise She was transferred from her actual place of the case in order to ensure timely disburse- duty by an officer who was not competent to ment of the dues to the complainant.
CHAPTER - III: Special Areas of Relief 40
Complaint No. Reg. H/24568/97 instructions of MAG, Rawalpindi, the case Commuted Portion of Pension Restored was to be finalised within 2 months. The Havaldar (Retd) Shah Muhammad of amount of commutation was not paid to the Rawalpindi complained about non-restoration employee for the reason that he was required of commuted portion of pension. The com- to appear before the medical board for the plaint was referred informally to the Control- second time. This requirement was commu- ler Military Pensions (CMP) who informed nicated to the family after the death of the that the orders for restoration of pension have employee. CMP returned the case of com- been issued on 13.12.1997. The complainant mutation of late Fazal Dad for want of sec- informed this Office that the GPO Islamabad ond medical board, which could not be com- had not received any orders for the same. The pleted due to his death. CMP communicated the registry number According to the Government of Paki- under which the orders had been despatched stan, Ministry of Defence letter No. to GPO Islamabad. The complainant was F.3/12/D-31 dated 16.11.1994 the require- apprised of the same and was requested to ment of a second medical examination was confirm relief. There has been no response dispensed with. It was established during from him. It is assumed that he has received investigation of the complaint that the de- his dues. The complaint was disposed of, ceased could have appeared before the sec- having borne fruit. ond medical board if the requirement had been communicated to him in time. This was Complaint No. Reg. P/1036/98 not done. The requirement for a second Pension Commutation Relating to medical board was withdrawn by the Gov- Deceased Husband and Family Pension ernment w.e.f. 1.6.1994 as per the aforemen- Granted to Widow tioned letter. Therefore, it could be correctly Mst. Subiha Bano, a widow, presently presumed that the deceased employee had residing in Peshawar complained that her not been entertained for second medical husband Mr. Fazal Dad was employed as board by the medical authorities. It was sweeper in CMH, Peshawar and was medi- accordingly recommended that; the widow’s cally boarded out from service after render- late husband be granted commutation of ing 32 years of service. He was medically pension, which should be paid to her; arrears examined at the time of retirement and ex- of pension of the deceased from the date of pired on 6.11.1994, after 5 months of his retirement till the date of his death should be retirement. Pension case of the deceased paid to the widow and; family pension be alongwith request for commutation was sanctioned to the widow from 6.11.1994 forwarded to CMP, Lahore. According to onwards.
CHAPTER - IV
NATURE OF MALADMINISTRATION/COMPLAINTS
ighlighted in this Chapter is the basis of automatic restoration of pension on nature of maladministration ob- completion of the period of commutation; H served from the complaints dealt and refusal to grant commutation of pension with. First of all the type of maladministra- on the basis of one medical examination tion common to all Agencies has been indi- conducted at the time of retirement while cated. After the same an Agency-wise posi- second medical examination in cases of tion is indicated as below. invalidity could not be conducted due to death. Failure to vacate hired premises and Common to all Agencies increases in rent after expiry of three years One of the most common grievances lease, are cause of common complaints in has been the delay in grant of pension to case of some Agencies. Failure to pay com- employees and family pension to widows or pensation for the land acquired for various sons/daughters of the deceased employees. schemes and in some cases for the crops Non-payment of outstanding dues of the damaged in the process, are causes of some deceased employees to the families has been complaints. another area. Other common grievances According to a Cabinet decision of related to; non-payment of General Provi- January, 1996 the Agencies are required to dent Fund and Benevolent Fund grants; give employment to the widow, one son or incorrect maintenance of G. P. Fund account; daughter or a nominee of the widow of a delay in grant of pension on enhanced rate or deceased employee. Failure to give an ap- minimum rate authorised by the Government pointment as such, has been the cause of of Pakistan; non-grant of increase on the many complaints.
CHAPTER - IV: Nature of Maladministration/Complaints 42
Government has prescribed 1% quota electricity supply-lines and making free use for appointment of disabled persons. In case of electricity. This is a cause of heavy finan- of not fulfilling the requirement the Agen- cial loss to Wapda. On the other hand, the cies are required to pay an amount equiva- general public is crying hoarse on the elec- lent to salary of the vacant posts to the rele- tricity bills, with surcharges and additional vant fund. There were quite a few instances surcharges. of non-appointment of invalid persons as Other salient causes of complaints are: such. In some cases the Agencies had pre- imposition of assessment and fine to be paid ferred to pay the fine, instead of appointing by the consumers without any notice, show disabled persons against the quota, which cause or warning; delay in compensation of was most unfortunate. land utilised for erection of pylons and tow- It is significant to note that as per Gov- ers; irregular supply of electricity including ernment of Pakistan Establishment Division frequent shutdowns; low voltage; delay in Office Memorandum No. F.34/3/86-R.5 issue of demand notice for electricity con- dated 15th October, 1998 the employment nection; delay in provision of electricity quota of disabled persons has now been connection and installation of meter in spite raised from 1% to 2%. of payment of all dues; issue of accumulated bills without giving slab benefit; refusal to Wapda correct the wrong bill; imposition of fine on Bogus and excessive billing has been the basis of audit paras without ascertaining one main cause of complaints. The simple and checking the connected documents; job of recording the meter readings and delay in installation of transformer sanc- preparation of bills as per actual readings, is tioned by the competent authority; delay in often not performed. This is both due to payment of claim for the lost Wapda bonds. lethargy on the part of meter readers, but There were complaint regarding re- largely due to ulterior motives. It is com- moval of transmission lines passing over, or mon, not to take the monthly readings and near the houses of the residents; non- then harass the consumer with heavy accu- reduction of load of; (i) tube-wells or; (ii) mulated bill. In many cases the actual meter industrial connections; unsolicited conver- reading had not even reached the level for sion of tariff from actual meter reading to which the bill was served. It is most unfor- flat rate; unscheduled load shedding and tunate that the purpose is to strike a bargain non-grant of compensation for electrocution with the consumer, in order to allow instal- of (i) animal (ii) persons. ments or reduce the bill on some considera- tion. Average and excessive wrong bills are Pakistan Telephone Company Limited sent without taking readings, with the inten- (PTCL) tion that the consumers may contact the A lot of complaints were regarding Wapda officials, who then rectify and reduce excessive billing. Some of these were due to the bills for some consideration. This is excessive NWD and overseas calls which causing a heavy loss to Wapda on one hand had been never made by the complainants; and on the other it is a pain in the neck for a apparently, giving am impression that tele- large number of consumers. phone of the subscriber had been misused. In Theft of electricity is a common feature a few cases the NWD and overseas calls and it has now become well-known that were due to technical fault. In some of the there is a system of putting a ‘kundi’ on the cases Agency itself admitted misuse of the
CHAPTER - IV: Nature of Maladministration/Complaints 43 subscriber’s telephone by someone else than Aviation Division the subscriber. In some cases the complain- There were complaints about the re- ants were not satisfied with the revision of fusal of the Civil Aviation Authority (CAA) their telephone bills consequent to proceed- and Airport Development Authority (ADA) ings of the Regional Vigilance Committee to give pension to work-charge staff of Paki- (RVC) or Divisional Vigilance Committee stan PWD, subsequently transferred to them. (DVC). Lack of proper facility of drinking water to There were complaints about delay in passengers at the Karachi Airport was the sending bills; discrimination in providing cause of another complaint. telephone connections; non-installation of telephones despite payment of amounts of Pakistan International Airlines (PIA) demand notes; delays in removing faults and Complainants related to denial of ade- not attending to petitions and complaints; quate compensation for loss of; (i) checked- closure/disconnection of telephones without in baggage; (ii) hand-carried baggage before any notice; inclusion of arrears in bills de- aircraft entry; denial of confirmed seats spite payment of the amounts and, improper while accommodating chance passengers; behaviour of Exchange and field staff. denial of recruitment despite established merit or quota and; non-issue of tickets by Special Communication Organisation wrongly stating full booking of aircraft. (SCO) Some complaints related to delay in CABINET DIVISION installation of telephones in Azad Jammu & CABINET DIVISION Kashmir and Northern Areas, under the Capital Development Authority (CDA) jurisdiction of the Special Communication Organisation. Complaints related to inordinate delay in transfer of plots; lack of, or, improper mainte- Pakistan Post Office and Postal Life nance of physical/service infrastructure and Insurance Government quarters; delay in development work relating to sectors where plots have been Complaints related to delay in delivery sold out/auctioned; violation of Agency’s of UMS Post and money orders; delay in existing Laws/Bye-Laws/Regulations; delay in payment of surrendered value of policy and refund of amounts; failure to remove en- refusal to accept policy claims. croachments; failure to improve sanita- Karachi Port Trust tion/water supply; delay in allotments of alter- nate accommodation in lieu of acquired land Complaints related to delay in deciding and; discrimination/favouritism in allotment of the cases of refund of surcharge for heavy residential quarters to employees. lift packages and; non-acceptance of request for waiver of storage charges despite sub- mission of delay and detention certificate COMMERCE DIVISION from Pakistan Customs. State Life Insurance Corporation (SLIC) Port Qasim Authority The complaints against State Life In- Complaints related to unjustified re- surance Corporation (SLIC) are generally of covery on account of cancellation of Pilot delay or outright refusal to pay insurance Boats. claims. Less payment of insurance claims
CHAPTER - IV: Nature of Maladministration/Complaints 44 and cash surrender value is the other area of nation in allowing of advance increments; grievances. The raison d’être for repudiation grant of move-over benefits; unjust with- of claims is misrepresentation or conceal- drawal of selection grade facility and wrong ment of material facts like date of birth, type fixation of pay. of occupation, past history of health and financial status. The delay in settlement of Accountant General Pakistan Revenues claims is result of incomplete and slip shod (AGPR) investigation of claims. The perception of Complaints related to unjust deduction less payment of life insurance as well as from salary; delay in passing of bills; delay cash surrender value can be attributed to the in release of House Building and Car Ad- failure of State Life Insurance Corporation vances and delay in release of Pension/G. P. (SLIC) to give a complete picture to the Fund/Commutation. client about the implication and cost of a lapsed policy or a request for discontinuation Agricultural Development Bank of of policy. Pakistan (ADBP) Some complaints related to unjust EDUCATION DIVISION service of recovery notices and arrest of defaulters without ample justification. There Complaints related to non-recognition were complaints about grant of agricultural of equivalence of degrees; refusal to give loans on the basis of improper security in the admission in spite of merit and; refusal to form of land, specially in the case of rural change the shift of school student from areas. As a result of the same, repayments of evening to morning in spite of valid reasons. the concerned loans became doubtful. There were some complaints about delay in refund Allama Iqbal Open University of amounts deposited, consequent to non- Complaints related to delay in issuing supply of tractor. of certificates/degrees; disputes regarding using unfair means in examinations; delay in State Bank of Pakistan (SBP) declaration of results; failure to include Complaints related to delay in release assignment marks in the final results; delay of amounts; failure to confirm bank transac- in issuance of workshop results; delay in tions and delay in return of shares. issuance of admission form; irresponsible behaviour of tutors; delay in issuance of House Building Finance Corporation books; dispute about showing the students (HBFC) absent in the examinations; issuance of Complaints related to issue of contra- wrong result cards; delay in issuance of dictory account statements from the Head verification/degrees/certificates; delay in Office and the Branch Offices; mistakes in intimating appointment of tutors; abnormal the account statements; non-supply of ac- delay in declaring results and; refusal to count statements regularly; non-grant of grant admission. concession under the Prime Minister’s Re- lief Package for widows, orphans and pen- FINANCE DIVISION sioners and; harsh action for recovery in the form of auction notice of property without There were complaints about discrimi- resorting to less harsh means.
CHAPTER - IV: Nature of Maladministration/Complaints 45
Small Business Finance Corporation export rebate claims. (SBFC) Quite a few complaints related to non- Income Tax Department release of loan amounts in 1995 to com- Complaints related to wrong assess- plainants who had fulfilled all the formalities ment of income tax and consequent unjust and in some cases the loan had been sanc- service of notice and; delay in refund of tioned. This was due to the stoppage of the excess amount charged. credit line of the Agency. However, the complainants complained about discrimina- FOREIGN AFFAIRS DIVISION tion in release of loans to some other per- sons, a matter which the Agency was asked Complaints related to failure to arrange to inquire into. Complaints also pertained to death compensation from the Saudi Authori- delay in disbursement of loans and fraudu- ties and failure to locate whereabouts of lent drawal of loan amount by someone else. persons missing abroad.
Central Directorate of National Savings HEALTH DIVISION There were complaints about the unjust deduction of Zakat from the Savings Certifi- There were complaints about lack of cates at the time of encashment. proper attention/neglect by doctors/para- medical staff in Federal Government Hospi- Nationalised Banks tals and; delay in payment of bills for medi- Complaints related to delay/refusal in cines supplied. payment of deposited amount; delay in return of pledged documents; violation of agreement Pakistan Medical & Dental Council in the payment of amount; delay in payment Complaints related to delay in the of recovery amount; delay in payment of recognition of foreign degrees. pension/commutation; arbitrary reduction of pension; unjust deduction of mark-up against HOUSING & WORKS DIVISION loan; unjust deduction of Zakat; unjust de- duction of service charges; non-payment of Complaints related to non-allotment of salary amount; inaction on request for trans- accommodation to Government servants in fer of Family Pension; illegal deduction from spite of justification and long waiting; can- Provident Fund; misbehaviour of bank offi- cellation/withdrawal of quarters allotted to cials with the general public and specifically Government servants; unjust notice for with pensioners and; failure to revise timings ejectment or vacation of Government ac- for receiving utility bills. commodation in spite of recommendation of Out of Turn Allotment Committee (OTAC) Central Board of Revenue (CBR) and failure to increase rent of hired accom- Customs Department modation on the expiry of lease agreement. The cases against the Customs De- partment generally related to disputes about Federal Government Employees Housing imported goods; detention of imported con- Foundation signments and levy of additional duty and Complaints related to non-allotment of taxes. There were some cases relating to houses/plots on ownership basis in spite of
CHAPTER - IV: Nature of Maladministration/Complaints 46 justification; increase in cost of construction processing of claims for blood money/death of houses allotted on ownership basis; allot- compensation. Majority of housing schemes ment of plots to non-entitled persons; delay launched by Overseas Pakistanis Foundation in refund of amount deposited for allotment (OPF) have run into legal snags. There were of plots and; delay in giving possession of complaints regarding delay in handing over allotted plots. plots due to delay in development. Land was also not acquired as per proper procedure National Housing Authority under the Land Acquisition Act and as such Complaints related to delay in refund some of the original owners went in litiga- of amounts deposited for the purchase of tion, which was also the cause of com- plots and; deduction of 10% out of cost plaints. deposited for the purchase of plots under the Islamabad New City Scheme. PETROLEUM AND NATURAL RESOURCES DIVISION INTERIOR DIVISION Sui Northern Gas Pipelines Ltd. (SNGPL) Directorate General of Immigration & Sui Southern Gas Pipelines Ltd. (SSGPL) Passports Complaints related to excessive billing Complaints related to delay in issuance and issuance of bills without meter readings. of Passports, new or duplicate ones. In some cases the complainants were ag- grieved of delay in issuance of the first bill. Directorate General of Registration There were numerous complaints about the Complaints related to inordinate delay delay in providing of Sui Gas connection, in in issue of National Identity Cards (NICs), spite of depositing the requisite amounts and new or duplicate ones in case of loss of having fulfilled all the formalities. original and delay in issuing new NICs in case of change of residence. RAILWAYS DIVISION
Federal Investigation Agency Complaints related to loss or short Complaints related to delay in comple- delivery of consignments booked by Paki- tion of action in respect of complaints stan Railways; non-availability of berths in lodged by individuals. spite of booking; refusal to book/give a ticket in spite of availability of seats; inac- Islamabad Capital Territory tion to repair damaged Railway compart- Complaints related to delay/refusal to ments; irregularities in awarding of Vending supply copies of revenue record; misbehav- Contracts and failure to remove encroach- iour on the part of officials of the Capital ments on Railway land. Territory Police and inaction to register FIR by them. RELIGIOUS AFFAIRS, ZAKAT, USHER AND MINORITIES AFFAIRS DIVISION LABOUR, MANPOWER & OVERSEAS PAKISTANIS DIVISION Complaints related to non-nomination for Haj duties, in spite of recommendation of There were complaints about delay in the employer Ministry; non-payment of
CHAPTER - IV: Nature of Maladministration/Complaints 47 compensation in case of pilgrims lost during National Savings Officer, National Savings the fire at Mina during Haj-1997. Centre, Misri Shah, Lahore was running In case of Evacuee Trust Property parallel banking in his Centre”. When Mr. Board (ETPB) there were complaints about Ghauri was called upon, he made a confes- unfair removal/ejectment from Evacuee sional statement in the presence of two wit- Trust Properties on which complainants nesses on 24.5.1994 that during his posting were residing ever since partition. in the Centre, he had illegally committed As regards Zakat and Usher Wing, fraud in respect of Special Saving Certifi- there were complaints about discontinuation cates, Regular Income Certificates and De- of grant out of Zakat Fund/non-inclusion of fence Savings Certificates to the tune of name for Zakat grant. Rs.27.00 lacs, 15.00 lacs and 1.5 lacs respec- tively. A memorandum was sent to the Fed- NATIONAL SAVINGS CENTRE eral Investigating Agency on 24.5.1994 giving the details of the fraud committed Corrupt Officers — misappropriating who recorded FIR No. 40/90 on 24.5.1994. citizens’ deposits — After investigation, Two more audits were conducted and Government decides to reimburse. Nonethe- two different Officers made similar reports less the Officers would not reimburse. Rec- on 17.4.1994 giving the details of commis- ommendations of Wafaqi Mohtasib to do so sion of fraud. sought to be delayed instead of being im- A Committee consisting of three Offic- plemented. The Prime Minister defeated the ers was constituted on 7.7.1994 to find out delaying tactics and directed implementation how the people had been defrauded and how of the Recommendations. could they be returned their dues. The There is a National Savings Centre at Committee submitted its report on Misri Shah, Lahore. Ordinary poor and illit- 18.8.1994. When the report was submitted erate people as well as widows, retired per- tot he Federal Government, it directed the sonnel and others deposited their hard Central Directorate of National Savings on earned money and life’s savings in various 25.5.1995 as follows: investment schemes of the Centre. They “All those individuals who invested in were given forms on which entries of receipt ‘good faith’ in different savings under of money were made. The receipts were CDNS and followed the prescribed countersigned and sealed with official seal procedure should be reimbursed their by the Officer Incharge. They were even claims. The Government is ‘legally and given profits on the due dates for sometime. morally’ bound to do this.” However, the amounts received were not To give effect to the directions of the deposited by the officials of the National Federal Government, another Committee of Savings Centre in the Government Treasury. four Officers was constituted on 27.7.1995. When some of the depositors asked for en- It submitted its report on 17.8.1995. cashment it transpired that there were no In the meanwhile some of the affected entries in the official record Protests were persons had lodged complaints before the made and the matter was raised in the media. Wafaqi Mohtasib (Ombudsman) in the Re- The Audit Department reported on gional Office, Lahore. These were inquired 19.5.1994 to the Regional Directorate of into thoroughly and it was found that the National Savings, Lahore that “as you al- people had made the investments bona fide. ready know Mr. Sohail Khawar Ghauri, Most of the cases were heard by the Wafaqi
CHAPTER - IV: Nature of Maladministration/Complaints 48
Mohtasib himself who found that the in- Wafaqi Mohtasib and to take effective vestments were bona fide and as per the measures to ward off the repetitions of such decision of the Federal Government dated complaints, besides taking action against the 25.5.1995, the Government was ‘legally and officers/officials involved in this racket”. morally’ bound to reimburse the claims. The Thereafter, the implementation of the Find- recommendations were accordingly made. ings of the Wafaqi Mohtasib were given Notwithstanding the directive of the effect to and payments have accordingly Federal Government and the Findings of the been made to the affected persons. Wafaqi Mohtasib, the Central Directorate of From the above it would appear that National Savings dragged its feel and in- the grievances of the complainants were dulged in clerical hair-splitting and filed investigated and the recommendations made representations allegedly under Article 32 of to redress the same. When there was recal- the President’s Order No. 1 of 1983, alt- citration in implementation of the Findings hough the provision does not envisage filing of the Wafaqi Mohtasib and the matter came of a representation by an Agency which is to the notice of the Prime Minister, he disap- required under Article 3(3) to “act in aid of proved filing of representations against the the Mohtasib” and under Article 29 is barred Order of the Wafaqi Mohtasib and directed “to question the validity of any action taken, that the Order of the Wafaqi Mohtasib be or intended to be taken, or order made, or implemented and action taken against the anything done or purporting to have been Officers and officials involved in the racket. taken, made or done under this Order”. The final action by the Prime Minister When these representations came to the not only helped the poor people but is a clear notice of the Prime Minister of Pakistan, he pointer to the administrative authorities that did not “approve the proposal of Central the recommendations of the Wafaqi Mohta- Directorate of National Savings to file a sib redressing the grievances of the people, representation against the order of the Wafa- should be implemented and not delayed qi Mohtasib”. He further directed the Minis- through the device of making representa- ter of Finance/Central Directorate of Nation- tions. al Savings “to implement the order of the
CHAPTER - V
REPRESENTATIVE CASES
he nature of maladministration which offices located far away from his present was noticed from the complaints has place of residence. An employee might have T been highlighted in the preceding settled in his village after retirement, or, his Chapter. One reason for the same, is the widow may be the aggrieved person having apathy of the Agencies to provide meaning- been denied due relief. As compared to the ful access to the complainants and to go disadvantages faced by the complainant, the even out of way to help them. If the system Agencies have fully equipped offices, with were working correctly, the grievances telephones and faxes and even the facility to should have been redressed within the Agen- travel from one station to the other on Gov- cy offices. Recourse to this institution is the ernment expense for resolving a problem. last resort for the complainants in most of Unfortunately, the Agencies often do not the cases, when they feel dejected from all resort to these means. Things are taken in other sources and when all their efforts have routine and matters are left to mere corre- failed. The poor complainant, specially if spondence, instead of personal contacts and she is widow residing in far off place, or an efforts. orphan, or a disabled person, has to move This Secretariat very often makes up from office to office and still does not get for the aforementioned deficiencies and lack response. In many instances the poor com- of efforts. When a matter involves corre- plainant is residing in a far off village, while spondence with a number of offices, it is the solution of his problem involves corre- taken up promptly and on a priority basis spondence and dealing with a number of with them by this Secretariat. This is one
CHAPTER - V: Representative Cases 50 significant means by which the long out- coolers were being filled and supply main- standing problems are solved, due proce- tained. In addition, four water coolers were dures are fulfilled and ultimately, the relief being replaced in the West Satellite and four becomes available to the complainant. The in the East Satellite at Domestic and Interna- hearings provide the unique opportunity to tional Departures. As regards escalators, one the complainants to argue their cases on a was being replaced. The Trolley Cement one to one basis with the Agency, which Ramp was being constructed. Duty Facilita- might have earlier put them off. Quite a few tion Officers were posted for 24 hours to of the complainants acknowledge relief with oversee the facilities. not only grateful expressions, but with pray- Thus on the intervention of this Secre- ers for this Secretariat and the Ombudsman, tariat the facilities of drinking water, escala- for the resolution of their problems, in re- tors etc are being improved. It was recom- spect of which they had in many cases mended that all the concerned officers reached the dead end. should make daily inspections of the facili- Some of the relevant cases disposed of ties provided and the Manager Airport will during the year, highlighting the relief pro- also inspect as far as possible, so that the vided are quoted below: passengers and the visitors do not feel diffi- culties.
AVIATION DIVISION Complaint No. Reg. H/3593/98 Failure to Increase Pension CIVILIAN AVIATION AUTHORITY (CAA) Mr. Muhammad Aslam of Rawalpindi Complaint No. Reg. H/18270/97 complained against the Civil Aviation Au- Request for Improvement of Water thority (CAA) for failure to increase his Supply and Escalators at Karachi Airport pension w.e.f. 1.3.1997. The complainant Mrs. Shehnaz, presently resident of stated that pensions of all the Government Manama, State of Bahrain, reported that she employees of his category had been in- was a frequent traveller and visited Pakistan creased by 10% w.e.f. 1.3.1997, but the every six or eight months. She had observed CAA had not increased the pension of its that there was no proper drinking water employees. He stated that with the high supply at the airport for the passengers and prices due to inflation it is very difficult for that the automatic stairs were not in working retired employees of CAA to make their order. Even glasses were not available in both ends meet and therefore the pension of sufficient number for drinking water. The retired personnel of CAA should also be water coolers installed were too small and increased w.e.f. the aforementioned date. the water was not cold enough. She stated A report was called from the Agency that the same is unfair, as the passengers and a hearing was fixed. It is appreciated were paying huge amount as boarding fees. that before the hearing could be held the The matter was taken up with the CAA informed as follows: Agency. A report was called, also the Agen- “The competent authority has approved cy was heard and the problem was exam- the payment of 10% increase in pen- ined. The Agency informed that the present sion to CAA’s pensioners of PG-1 to 7 water coolers were being replaced with four (equivalent to BPS-1 to 16). Increase of heavy duty water coolers at the Domestic 10% in pension as well as arrears in and International Lounges. Bottle type water this regard will be paid in due course.”
CHAPTER - V: Representative Cases 51
It was a matter of satisfaction that in- ticket at Al-Khobar, Saudi Arabia. When he tervention of this Secretariat resulted in the landed at Karachi Airport the PIA staff asked above relief. him to pay Airport Tax of Rs.400. According to the complainant this amounted to double Complaint No. Reg. H/5745/98 payment. PIA staff did not agree and took Failure to Declare Him Permanently Unfit the position that the tax is to be essentially for Flying — Denial of Consequent paid at Karachi also. Benefits On taking up the matter with the Agen- Mr. Taimur Malik, presently residing in cy it was found that there was some confu- Lahore stated that firstly he was temporarily sion with regard to following of the revised grounded by the Civil Aviation Medical procedure of Airport Tax at Karachi. How- Board in 1995; he underwent some surgery, ever, it was made clear to the passenger that but he was not fully cured. He had cardiac necessary reimbursement will be made after problem and hypertension. He had his medi- confirmation from the PIA officials stationed cally assessment from UK and Canadian in Saudi Arabia. Dahran station was consult- Medical Experts, which declared him per- ed and the mistake was admitted. The PIA manently unfit for flying. The Agency had apologised from the complainant for the refused to accept the same. The complainant inconvenience caused and was directed to referred to the rules of the International Civil refund SR 38, or, Pak Rupees 400 to the Aviation Organisation (ICAO), which pre- complainant. Compliance was desired within scribe fitness as mandatory for the flying 30 days. personnel. In addition to the report of the Agency, Complaint No. Reg. K/2963/97 a hearing was held, which was attended by Non-Payment of Family Pension and the complainant and two Law Officers rep- Others Dues resenting the Agency. On the examination of Mst. Zainab Bibi of Karachi com- the matter, it was held that the complainant plained about non-payment of family pen- is entitled to the benefits accruing under the sion and other service dues of her late hus- rules due to his permanent unfitness for band Mr. Noor Muhammad who was em- flying. It was accordingly recommended that ployed as Driver in PIA and expired on 7th he should be paid the benefits accordingly June, 1997 after retirement from service. by the National Insurance Corporation. The complainant had applied for grant of Compliance was desired within 90 days. family pension and payment of other dues of her late husband. PIAC did not give her a PAKISTAN INTERNATIONAL AIRLINES satisfactory reply, on which she expressed CORPORATION (PIAC) the apprehension that it is perhaps transfer- ring the above dues to her step-son Mr. Wali Complaint No. Reg. H/12559/97 Muhammad. Unjust Charging of Airport Tax The matter was taken up with the Mr. Nazir Ahmad Bhatti, resident of Agency. In reply it stated that Mr. Noor Al-Khobar, Saudi Arabia complained about Muhammad, ex-Driver retired from service the unjust charging of Airport Tax by PIA on w.e.f. 1st February, 1996 on attaining the age Karachi Airport when he travelled from of superannuation. He expired on 7th June, Saudi Arabia to Pakistan. He had paid Air- 1997, is survived by a widow Mst. Zainab port Tax SR 38 at the time of purchase of air Bibi (complainant), three sons and one
CHAPTER - V: Representative Cases 52 daughter. The eldest son Mr. Wali Muham- of Sarai Alamgir District Gujrat involved mad was born to the first wife who expired bizarre circumstances, never heard of before. before Mr. Noor Muhammad married Mst. He was travelling on a PIA Flight from Ka- Zainab Bibi. Mr Wali Muhammad is the rachi to Islamabad and was rendered uncon- nominee for terminal dues from PIA. It was scious by a co-passenger after he was made further stated that upon retirement various to inhale something. Thereafter, he was terminal dues were paid to late Mr. Noor deprived of Rs.80,000 which had been in his Muhammad and at present the only amount pocket and certain other articles. Due to his payable is Rs.300,000 on account of pay- temporary state of senselessness, he was ment of Group Insurance and monthly pen- unable to lodge a report with the PIA func- sion @ Rs.866. tionaries. He approached this Secretariat Three hearings were held, in which the with a complaint against PIA for negligence petitioner as well as representatives of the in preventing a criminal from committing a Agency participated. The Agency stated criminal act and requested for compensation again that the only amount payable is for his loss. Rs.300,000 on account of Group Insurance During the course of investigation, it and since late Mr. Noor Muhammad had transpired that not only had the thief taken nominated his son Mr. Wali Muhammad, away Rs.80,000 from the complainant’s from the first wife, hence the amount is pocket, but had also walked away with his payable to him as per rules of the Agency. luggage after pocketing the baggage tags. The complainant objected to this and said The PIA was, therefore, directed to that it would be gross injustice to her and her ascertain the co-passenger’s identity, where- children. After detailed discussion, it was abouts, etc. from its computerised record and agreed that the Agency would settle/finalise send the relevant information to the FIA. the dues of late Mr. Noor Muhammad on the PIA was also directed to enquire how an basis of succession certificate issued by the unconscious person had remained unattend- competent court of law to avoid any in- ed to, by its crew on the plane. The FIA was volvement of PIA in litigation between the also asked to verify, on its own, the record of parties. Petitioner agreed to produce requi- the co-passenger obtained from PIA’s com- site succession certificate to PIA for settle- puter and investigate the matter thoroughly ment of her dues. Her share of family pen- to its conclusion. All the Agencies involved sion and other benefits will be determined were directed to submit their investigation according to the same. reports within 60 days from the date of the The matter thus being settled, the Findings and also to pass on the relevant Agency (PIAC) was directed to make pay- information gathered to the Police Authori- ment of service dues to the legal heirs of the ties, with whom an FIR had also been deceased employee, according to their re- lodged. spective shares, within 15 days from the receipt of the Succession Certificate. CABINET DIVISION
Complaint No. Reg. H/16743/98 Complaint No. Reg. H/5578/98 Negligence on the Part of PIA to Watch Discrimination in Determination of Status Over a Pick-Pocket Who Took Away of Constitutional Bodies Rs. 80,000 Mr. Muzaffar Iqbal, an employee of The complaint of Mr. Muhammad Riaz Wafaqi Mohtasib Secretariat complained
CHAPTER - V: Representative Cases 53 against the Establishment Division for not In view of above he requested the Cab- determining the status of the Wafaqi Mohta- inet Division that the status of Wafaqi Moh- sib Secretariat. The complainant stated that tasib Secretariat may also be determined at he had made an appeal to the Secretary Es- par with the Ministries/Divisions in the tablishment Division against a decision of sense that its employees could not be de- the Cabinet Division (Management Services prived of the privileges as enunciated in Wing) with regard to the determination of Article 8(3) of P.O. of I of 1983. He con- the status of various organisations including tended that he was badly affected by the the Wafaqi Mohtasib Secretariat. In his peti- decision taken in Cabinet Division (Man- tion dated 30.12.1997 addressed to the Sec- agement Services Wing-PPARC)'s O.M. retary, Cabinet Division, he had contended dated 18.10.1997. As such, he sought the that: intervention of this Secretariat, for issuance “a. I am an employee of Wafaqi Moh- of directions to the Agency for the removal tasib Secretariat since 23.11.86. of discrimination in the determination of “b. I appeared in S.O. Promotional status of the constitutional organisations and Examination, 1996 but the FPSC to evolve a justified formula so that public withheld my result. servants of all these bodies may be consid- “c. I requested the Cabinet Division ered to be eligible for appearing in the S.O’s for the determination of status of Promotional Examination and other such Wafaqi Mohtasib Secretariat. purposes. “d. Cabinet Division in its letter has When a report was called from the left the status of Wafaqi Mohtasib Cabinet Division it stated that it is concerned Secretariat in vacuum in violation with the determination of status of Federal of provisions of Article 8(3), 27 Government Organisations. So far as, the and 37 of P.O. No. 1 of 1983. determination of eligibility for Section Of- “e. While determining the status of ficer's Promotional Examination is con- President's Secretariat, Prime cerned, Cabinet Division has nothing to Minister's Secretariat, P.M. In- contribute in this connection as this is the spection Commission and Intelli- function of Federal Public Service Commis- gence Bureau at par with the Min- sion and its administrative Division, i.e. istries/Divisions and of Federal Establishment Division. The report further Public Service Commission, Fed- stated that while determining the status of eral Services Tribunal, Office of the Wafaqi Mohtasib (Ombudsman)'s Secre- Attorney General, Office of the tariat, the criteria for this purpose was ob- Auditor General and other such served in letter and spirit. Indeed, the Om- like offices at par with the At- budsman's Secretariat is a unique institution tached Departments to enable in the Federal Government. Keeping in view their employees to appear in S.O. the provisions of P.O. No. I of 1983, the Promotional Examinations, Cabi- office of the Wafaqi Mohtasib (Ombuds- net Division (PPARC) has arbi- man)'s Secretariat is not comparable to Min- trarily committed discrimination istries/Divisions of the Federal Secretariat, with the employees of Wafaqi but worthy of comparison with the judiciary. Mohtasib Secretariat to deprive In order to ensure authoritative and func- them to appear in the S.O. Promo- tional autonomy and to fulfil other statutory tional Examination.” requirements under the Establishment of the
CHAPTER - V: Representative Cases 54 office of Wafaqi Mohtasib (Ombudsman)'s sponsors, i.e., NTM and Pakland Cement Order 1983, it was advisable to keep this had been misappropriated. He demanded office outside the Federal Secretariat and release of the prize. free from the control of the Cabinet and the As CDA did not furnish comments/ Prime Minister. report on the complaint, a hearing was ar- From an examination of the case it ranged. CDA’s representative intimated that transpired that the complainant had earlier a painting and drawing competition for also lodged a complaint in this Secretariat, school children was held under the auspices which was disposed of, on the basis that he of the Pakistan National Council of Arts had also filed a petition in the Federal Ser- (PNCA). It was widely advertised in the vice Tribunal, Islamabad in August, 1997 for Press. The PNCA selected the best entries. the redressal of the same grievance. The FST Prizes were also to be delivered by the in its verdict dated 2.2.1998 declared the Council, but no funds were allocated to the complainant eligible to appear in S.O. Pro- Public Relations Director, CDA, for the motional Examination held in 1996 and prize distribution. directions to FPSC were issued for declaring The PNCA which was approached, the result of the complainant with conse- intimated that the advertisement of the com- quential benefits, if any. It was thus seen that petition was released to the Press by CDA. the cause of grievance of the complainant According to the advertisement cash prizes has been resolved in the light of the decision were donated/sponsored by NTM and Pak- of the FST, Islamabad dated 2.2.1998. land Cement. The Council provided tech- nical input through a panel of Judges who CAPITAL DEVELOPMENT AUTHORITY adjudged the winners. The exhibition was Complaint No. Reg.H/20204/97 thus entirely CDA’s responsibility. Delay in Release of Cash Prize of Rs.5,000 In order to resolve the outstanding Sanctioned in Connection with matter, two hearings were held. CDA’s rep- Celebration of Islamabad Day in 1993 resentative intimated that cash awards were Mr. S. M. Zafar Iqbal of Islamabad to be given to 12 winners. Cheques were, stated that in September, 1993 his daughter however, delivered to 11 winners while it Afshan Batool, then studying in Class V in remained undelivered to the complainant’s an Islamabad College, was awarded 2nd prize daughter. The undelivered cheque was later for her painting of Parliament Building in a on cancelled. The complainant pointed out competition in connection with the Islama- that his address and telephone number were bad Day. A shield was given to her by the available with the Agency. The Agency’s then Chairman CDA and a cash prize of representative had no reply to this and stated Rs.5,000 was to be awarded to her according that he had recently been posted in his pre- to the advertisement in the Press. He was sent job. When his attention was drawn to informed telephonically by Director CDA, Agency’s representative’s complete igno- Mr. Zubair Usmani, to remain ready for the rance of the matter during the first hearing, cash award presentation ceremony. He com- he stated that the subject matter was the plained that cash prize had not been awarded concern of the Audit and Accounts Direc- so far. After repeated contacts he was told torate. He gave an assurance that the cheque that the matter was closed with the then for cash award of Rs.5,000 would be deliv- Chairman CDA’s transfer. He expressed the ered shortly. Subsequently the CDA intimat- fear that the amount after receipt from the ed that a cheque dated 23.4.1998 has been
CHAPTER - V: Representative Cases 55 issued in the name of Mst. Afshan Batool, sion of NIRC was provided. From the same daughter of the complainant. Thereby the it was observed that the Full Bench of NIRC complainant has been provided relief. had directed CDA to consider cases of regu- larisation of services of the complainants Complaint No. Reg.H/839/98 without any discrimination. The distinction Discrimination in Regularisation of made by the Agency between Regular Cadre Service and Regular (Project) Cadre was not rele- Tanwir Ahmad and others of Islamabad vant. As regards ban on employment, it may submitted that they were working in CDA on be pointed out that the ban does not apply to daily wages for the last 5 years. They ap- regularisation which cannot be considered as proached the National Industrial Relations initial recruitment. The daily wages staff Commission (NIRC) in connection with were part of the existing establishment and regularisation of their services, which had were being paid salary/wages by the Agency. vide decision dated 31st July, 1996 declared Keeping in view the above position, it them as permanent employees of CDA. An was recommended that services of com- appeal was filed before the Full Bench of plainants, who have been working on daily NIRC by the Agency which submitted that wages for the last 5 years or more and are in accordance with CDA Board’s decision otherwise eligible, be regularised against dated 17th April, 1996 the services of em- available vacancies. ployees working on daily wages for 5 years would be regularised in the first instance. In Complaint No. Reg.H/24327/97 view of this decision, the Full Bench di- Delay in Transfer of G. P. Fund rected the Agency to consider the cases of Accumulations Plus Interest to AG, respondents, but the decision had still not NWFP been implemented. They complained that the Muhammad Ayub Khan, retired Divi- Agency regularised the services of 4 daily sional Accounts Officer, submitted that he wage workers in November, 1995 on the was on deputation to CDA from September, orders of NIRC but no action was taken in 1974 to February, 1997 from the Govern- their cases. The complainants demanded that ment of NWFP. A deduction of Rs.40 p.m. the Agency be directed to stop the discrimi- on account of G. P. Fund was made from his natory policy. salary. He retired in December, 1996 and CDA intimated that the decision of Full was informed that the Agency did not trans- Bench was applicable to the filling of vacant fer the GPF deductions to the AG, NWFP. posts under Regular (Project) Cadre and not He requested the Agency in January, 1997 to for Regular Cadre and since ban on em- expedite remittance of credits to AG, NWFP, ployment of staff was imposed by the Gov- so that he could receive final payments, but ernment, it was not possible to consider the despite several visits to the CDA Office the case for regularisation of services of daily matter was still pending. wages staff till the lifting of ban. The com- On reference, CDA reported that the plainants in their rejoinder stated that deci- complainant remained on deputation from sion of Full Bench of NIRC made no distinc- 16 September, 1974 to 3 February, 1977. tion between Regular or Regular (Project) Thereafter, he was repatriated to his parent Cadre, nor did it link regularisation with department, i.e. AG, NWFP, from where he lifting of ban on employment. retired. On his application, in March, 1997 A hearing was held. A copy of the deci- the 22 years old record was searched but the
CHAPTER - V: Representative Cases 56 necessary file/papers could not be traced. He Complaint No. Reg. H/25276/97 was asked to obtain a certificate from his Delay in Issuance of Duplicate Documents parent department that his GPF subscriptions of Property to Widow were not received. On receipt of requisite Mst. Shafaida Jan stated that a residen- certificate through the Wafaqi Mohtasib’s tial Plot No. 1257 in I-10/1, Islamabad was Secretariat, a cheque had been prepared for allotted to her late husband. After his death remittance to the AG, NWFP. on 23 March 1981, the other legal heirs During the hearing CDA’s representa- surrendered their shares in her favour tive intimated that the Cheque of Rs.18,184 through Civil Court, Islamabad. Her elder on account of GPF accumulations alongwith son, who was not a person of good character, interest had been deposited in the State stole the allotment letter and the Power of Bank, Islamabad, for remittance to AG, Attorney from her house. She disinherited NWFP. him and published this in the newspaper, lodged an FIR in the Police Station and also Complaint No. Reg. H/1819/98 reported the theft to the Agency. She re- Delay in Issuance of NOC for Obtaining quested Chairman, CDA in 10/96 and 12/96 Loan from HBFC for issuance of duplicate copy of the proper- Mst. Nazish Tazien, who is a widow, ty documents and even furnished the Indem- submitted that she purchased Plot No. 521 in nity Bond on stamp paper in 11/97, but to no Model Village Chak Shahzad, Islamabad. avail. The transfer letter was issued to her on On taking up the matter with it, CDA 16.2.1995 and possession of plot handed reported that the subject case was already over to her on 20.10.1996. She cleared all sub-judice in the Civil Court, Islamabad. As the requisite dues, got the design approved, such, action could not be taken in the matter. but CDA was not issuing the NOC which The complainant intimated that the suit re- was required for obtaining a loan from the lated to dispute of inherited property be- HBFC. She was thus unable to construct the tween two real brothers and she was not a house. party to the case. A hearing was held. During On calling a report from it, CDA re- the same, it was pointed out that the Civil ported that the NOC was being withheld as Suit had no relevance to the complaint. On the original allottee of the plot had obtained the intervention of this Secretariat the Agen- double allotment by hiding the true facts. It cy provided a duplicate copy of the Transfer was stated that as soon as a policy decision Letter, which was handed over to the wid- was taken in the matter, cases of issuance of ow/complainant. NOC for obtaining loans would be pro- cessed. Complaint No. Reg. H/4555/98 A hearing was held. During the same, it Reg. H/4556/98 and was pointed out that matter of double allot- Reg. H/5592/98 ments was between the Agency and the Delay in Issuance of Transfer Letter of original allottees and the complainant was Plot not at fault. Also, in cases where all formali- Three complainants submitted that they ties had been fulfilled, there was no point in purchased plots in Model Village Chak withholding the issuance of NOC for HBFC Shahzad, Islamabad, in November- loan. It was recommended that NOC be December, 1996 from the original allottees. issued to the complainant. They completed all the formalities in front
CHAPTER - V: Representative Cases 57 of the concerned Deputy Director, CDA, in On reference, the CDA reported that the same year for transfer of the said plots. transfer documents in respect of above plot After their transfer applications were admit- in the name of complainant were received in ted by the Agency they paid the cost of plots the office of Rehabilitation Directorate, to the respective sellers. They had still not when the plot file was summoned by CDA been issued Transfer Letters despite several Security Directorate, where it remained upto visits to the Authority. 17.10.1996. By that time the validity for the On referring the matter, CDA reported purpose of transfer, which was 26.12.1995, that the transfer applications were admitted had expired. As such, the transfer case could in 1996, but these were held up, pending the not be processed further. Later on, it was decision of Commissioner CDA on the Ap- revealed that the original allotment of the peal against award filed during 1989, subject plot was forged and fictitious and as whereby Built Up Property (BUP) of Village such the same was withdrawn from the name Dhrek Mohri (alongwith some other villag- of the original allottee on 21.5.1997 with the es) was acquired. approval of competent authority, as the so- A hearing was held. During the same, it called allottee failed to submit a reply to the was pointed out that allotments of the said Show Cause Notice. plots were made in favour of the sellers, i.e. A hearing was held. During the same, it original allottees in the year 1996, who sold was pointed out that the date of validity of their property rights to the complainants. the transfer application expired on The transfer applications were also admitted 26.12.1995 due to inefficiency of CDA and by CDA. As such the Authority was bound not due to any fault of the complainant who to abide by its action. It was recommended had submitted it on 28.9.1995. The security to the Agency to issue transfer letters in clearance of the said plot was also given on favour of the complainants. 17.10.1996. The order of withdrawal/can- cellation of original allotment of the plot on Complaint No. Reg. H/4757/98 21.5.1997 was thus void and of no conse- Delay in Issuance of Transfer Letter of quence, as the Authority knew that the com- Plot plainant had acquired the right to property Mrs. Rukhsana Iqbal Malik submitted and she was not even issued any notice. It that she purchased Plot No. 508 in Humak was, therefore, recommended to the Agency Zimni Model Town, Islamabad, on to set-aside the cancellation order, being 28.9.1995 from the original allottee. All the without notice to the person likely to be formalities for transfer of allotment of plot affected, i.e. complainant and transfer the were completed by both the parties in the said plot to her, having been once cleared by presence of an officer of CDA the same day. the Scrutiny Committee. An amount of Rs.300,000 was also paid to the seller. Later on, the Authority intimated Complaint No. Reg. H/25605/97 that investigations in respect of some plots Delay in Grant of Family Pension and including this plot were underway. However, Payment of Dues of Her Late Husband. she stated that this plot was cleared on Provision of Employment as Per Cabinet 17.10.1996 by the Agency’s Security Direc- Decision and Retention of Quarter torate. Despite repeated written requests and Mst. Zubaida Begum submitted that her personal visit, the Transfer Letter had not late husband, who was working as Farash in been issued. CDA, died on 6 September, 1996. Even after
CHAPTER - V: Representative Cases 58
14 months her pension case had not been retention of the above quarter allotted to her finalised. She requested for retention of the father, as they had no other house. quarter allotted to her late husband, as she On taking up the matter with it, CDA had 7 children aged 3-17 and had no other reported that the complainant’s father on shelter. She also requested for provision of a retirement was allowed to retain the house job by the Agency in accordance with the initially for 2 months on payment of normal Cabinet Decision to provide suitable em- rent as per Rules and then for one year on ployment to the widow, a child or a nominee standard rent. Further extension was not of a deceased employee. She stated that she possible. As regards her appointment, ac- has no other source of income. On reference, cording to her qualifications the job of pri- the CDA reported that they prepared her mary teacher was suitable for her, but there pension case, but it could not be finalised was no vacancy against the disabled persons due to non-availability of Succession Certif- quota in the CDA Model Schools. As re- icate. CDA had however done the processing gards other posts, there was ban on fresh of the case otherwise. recruitment. During a hearing, the complainant was During the hearing the complainant asked to provide the Certificate. The Agency intimated that the ban on recruitment against was advised to pay anticipatory pension till 1% disabled quota was lifted by Government her case was finalised. Through the efforts on 21.8.1997. The Agency’s representative of this Secretariat her pension case was stated that the case regarding appointment of finalised in April, 1998. The complainant the complainant against disabled persons was also allowed to retain the quarter till a quota was under process. It was recom- job was provided to her and the quarter is mended to the Agency to process the re- transferred in her name. It was also recom- cruitment case against disabled persons mended to the Agency to take up her case on quota expeditiously and also to allow exten- humanitarian grounds with the competent sion in retention of the quarter to the com- authority, seeking exemption from the ban plainant’s father on payment of standard on recruitment as well as for age relaxation. rent, until the complainant’s employment.
Complaint No. Reg. H/8171/98 Complaint No. Reg. H/25/98 Failure to Appoint Her in Place of Her Failure to Allot Quarter Despite Approval Retired Father Against 1% Disabled of Competent Authority on Out of Turn Quota Basis Since 1990 Mst. Iffat Sakina submitted that her Mr. Amjad Parvaz submitted that he father, ex-Mortar Mate, retired from CDA on had been working in CDA since 1985 but 9.3.1997. He was allowed to retain the quar- without any official accommodation, alt- ter for 2 months on payment of normal rent hough the competent authority issued the and then for one year on payment of stand- order in 1990 for providing accommodation ard rent. She was a visually handicapped to him on out-of-turn allotment basis. Some person and virtually blind. She was a ma- of the employees who were junior to him triculate and had done PTC course from and lower in the list had been allotted quar- AIOU. She had applied to the Authority for ters. On reference, the CDA initially intimat- employment against the disabled quota. She ed that D-type quarter of his entitlement requested that CDA be directed to process were not available. The complainant re- her case for employment and allow further sponded that 9 persons listed have been
CHAPTER - V: Representative Cases 59 allotted D-type quarters in I-8/1, but his time of taking out the policy. As such the name was ignored. Even his case for C-type claim was repudiated. accommodation in Sector G-8 was not final- A thorough investigation revealed that ised. A hearing was held. During the same, the Agency had failed to substantiate its the Agency’s representative was not able to allegations. According to the doctors, the give proper reply regarding non-allotment of assured person was suffering from hepati- the D-type quarter to the complainant when tis-A, but at the time of taking out the policy, matter had approval of the Out-of-Turn Al- he had recovered from the ailment. It was, lotment Committee and also allotments were therefore, recommended that the SLIC given to other employees. It was observed should pay the sum assured to the nominee that the procedure for allotment followed by within one month and compliance be report- the Agency smacks of discrimination and ed soon after the payment. favouritism; all the employees are entitled to fair deal and deserve equal treatment and in Complaint No. Reg. K/1817/97 this specific case gross injustice has been Delay in Payment of Insurance Claim done to the complainant. It was therefore Mst Zahida Aziz of Karachi, widow of recommended that the first available quarter Mr. Aziz Ahmad Rahoja stated that her hus- of his entitlement or one entitlement band had purchased an insurance policy on above/below be allotted to the complainant 30.9.1990 from the State Life and Insurance within 60 days of the issuance of the Find- Corporation (SLIC) through its Area Man- ings. ager Mr. Rana Dilshad, for a sum assured of Rs.100,000. The husband of complainant COMMERCE DIVISION had deposited premia upto 1992. Thereafter, the amount of premia was collected by the STATE LIFE INSURANCE CORPORATION said Area Manager in cash from the husband (SLIC) of complainant for the years from 1993 to 1996 and proper receipts were issued. The Complaint No. Reg.K/1904/97 husband of the complainant died on Delay in Payment of Insurance Claim in 20.10.1996. When she lodged the insurance Respect of Deceased Son of Petitioner claim, the SLIC pointed out that the premia Mr. Fateh Muhammad Khan of Jhuddo, from 1993 to 1996 were not deposited with Taluka Digri, District Mirpurkhas stated that SLIC and the policy had already lapsed. The his late son Qamaruz Zaman Khan who was complainant requested Wafaqi Mohtasib to holding an insurance policy from SLIC, died direct the SLIC to make payment of the sum on 16.5.1994 due to heart failure. The SLIC, assured as the premia were regularly paid by however, did not respond properly to settle her husband and she should not be punished the insurance claim. On taking up the matter for the fraud committed by the Area Manag- with it, the Agency reported that the risk er of SLIC. under the subject policy commenced from Investigation conducted by this office 31.3.1994 whereas the insurant died on revealed that the SLIC had declined payment 16.5.1994, i.e. only 45 days after the com- of the sum assured to the complainant on the mencement of risk. As such, detailed inves- ground that the premia from 1993 to 1996 tigations were conducted which revealed were not received. The receipt which was that the assured person had concealed his issued by the Area Manager of SLIC, was actual occupation and state of health at the termed as forged by the representatives of
CHAPTER - V: Representative Cases 60 the Agency. It was, therefore, recommended District Gujrat lodged a complaint against that the SLIC should make payment of the State Life Insurance Corporation (SLIC) sum assured to the complainant after recov- about delay in payment of insurance on ering the amount from its Area Manager. account of her late husband Muhammad Muzaffar, an ex-employee of Wapda who Complaint No. Reg. K/2180/97 had taken a policy of Rs.50,000 on 8.6.1994. Discrimination in Reimbursement of He died after a brief illness on 4.6.1995. The Medical Expenses Incurred on Daughter’s Agency reported that he died due to Cardio Treatment Under Ilizarove Technique Pulmonary Arrest. The assured was a patient Mr. Rasool Bukhsh of Karachi stated of Chronic Renal Failure (CRF) since 1993 that while in service of SLIC, he had in- on the basis of the history of patient record- curred an expenditure of Rs.44,791 on the ed in May, 1995 when he was admitted to medical treatment of her daughter through a Wapda Central Hospital. The claim had been new “Ilizarove Technique”. He had request- repudiated by the Agency on the allegation ed SLIC to reimburse the amount but the of misrepresentation. SLIC declined payment on the ground that The complainant submitted that he did the technique had not been recognised by the not take even a single day leave nor absented Pakistan Medical and Dental Council from the office due to illness. His CRF prob- (PMDC), while another employee of SLIC lem was not known prior to his death in had been allowed reimbursement of medical 1995. There was no hospital admission and charges under the same technique. it was observed that sickness of the assured The Agency reported that at the time in the pre-insurance period should be estab- when complainant had got medical treatment lished with the support of medical evidence. of her daughter under the Ilizarove Tech- This was not done by the Agency. It was nique, it was not recognised. However, by held that repudiation of the claim merely on the time another employee referred to by the the basis of a reference letter for outdoor complainant availed the treatment, the tech- treatment, signed by a non-medical officer, nique had been recognised. As such, the is unreasonable and arbitrary. This amounts claim of complainant was not justified. to maladministration as defined under Arti- After investigation by this office, it was cle 2 of the President’s Order No. 1 of 1983. concluded that under the rules, the case of It was therefore recommended that the in- the complainant as well as the precedent surance claim be paid with all benefits to the quoted by him, did not qualify for reim- widow and compliance report be submitted bursement. Being a case of discrimination, it within 30 days. Accordingly, the SLIC made was decided that the case of the complainant payment of Rs.50,000 to the complainant. should also be processed/placed before the Executive Committee of SLIC on the same Complaint No. Reg. H/3506/98 criteria under which payment was made to Payment of Accidental Claim of Her Late another employee at a later stage. Husband Mst. Naziran Bibi, resident of Chak Complaint No. Reg. H/18545/97 No. 20 North, Tehsil and District Sargodha Delay in Payment of Insurance Claim of complained that the State Life Insurance Her Late Husband Corporation (SLIC) has declined to pay her Mst. Nargis Bano resident of Mohallah the accidental death benefit claim. Her hus- Aluki, Old Hospital Gali, Kunjab, Tehsil and band died on 20.10.1993 as a result of an
CHAPTER - V: Representative Cases 61 accident in Ali Dal Factory, Faisalabad administration. It was according recom- where he was working for over 15 years. mended that the widow be paid the complete The refusal was due to non-submission of accidental death benefit claim, alongwith Police FIR and Post Mortem Report. SLIC profit that may have accrued on it, due to the reported that late Mr. M. Rafiq (husband of unwarranted delay in payment. the complainant) was given an insurance coverage of Rs.50,000 under endowment Complaint No. Reg. H/24314/96 insurance plan together with accidental Failure to Pay Insurance Claim of Her death benefit (ADB). The occupation de- Late Husband clared by the deceased on the form was Mst. Rasheeda Bibi of Gulehra Gali, indicated as a Zamindar, owner of 10 Acres Tehsil Murree, District Rawalpindi stated land, whereas he was an employee of Ali that her husband Mr. Muhammad Gulistan Dal Factory, where he died and for which had taken an Insurance Policy for Rs.50,000 the employer paid a compensation of which commenced from 28.5.1994. He paid Rs.50,000. The Agency concluded that the three six monthly premiums. On 27th June, accidental mode of assured’s death could not 1996, he paid a sum of Rs.3,436 on account be established and hence claim for basic sum of the premiums due on 11/1995 and 5/96 accrued plus bonus only was accepted and a and was issued a provisional receipt. Next cheque for Rs.52,200 was issued in favour day on 28th June, 1996 in the morning he of the widow. had an encounter with his brother who died. However, further investigation showed He himself soon died with heart attack. On that affidavits provided by co-workers of the 17.7.1996 receipt of the amount of Rs.3,436, deceased showed that he was an employee as per the provisional receipt, was acknowl- of Ali Dal Factory, Faisalabad and he died edged and the Agency demanded a late fee while working on the machine, in the pres- of Rs.182 and a personal statement. These ence of witnesses. Further, he was illiterate were furnished and received by the Agency and the original documents were filled in by on 7.8.1996. The policy was revived and an the Sales Manager. The fact that declaring official receipt was issued acknowledging his profession as a labour or a Zamindar has the receipt of the sum of Rs.3,436 for the any difference in the rate of payment of premium of 11/95 and 5/96. premium for the purpose of ADB, was not When the complainant, widow of the known to the insured and also its consequent Policy Holder Mr. Muhammad Gulistan implications. He just put the thumb impres- applied to the SLIC for honouring the policy sion on the form completed by the Sales that was not done; hence, the complaint. Manager. It was observed that the relevant Contention of the Agency was that since the documents were available with the Agency premium for 11/95 and 5/96 was not paid and hence its plea that the widow had not within the grace period the policy had provided documentation in support of the lapsed. The Agency took the stand that the claim was not correct. This was considered policy was ‘revived’, on ‘assuming that the to be unreasonable and biased. Policy Holder was alive and fulfilled the It was therefore held that denial of conditions of continued insurability.’ It was ADB claim to the widow is oppressive, held that this contention of the Agency is unjust and showed the predisposition of the without any force or merit whatsoever. It Agency to deny the claim without examining was observed that the deceased had paid all the merits, which amounted to proving mal- the due premiums before his death. These
CHAPTER - V: Representative Cases 62 were accepted by the Agency and utilised for on face value. Her proposal form was signed its purposes. It revived the policy. It is only by the Insurance Agent and Counter-signed an afterthought to say that it had wrongly by the Sales Manager as well as the Area assumed the policy holder was alive. He was Manager. To a question during the hearing as alive on the date the payment was received. to why antecedents of the insured were not It was observed that it is not good to pocket checked at the time of acceptance of the the money of poor and refuse payment by policy the Agency stated that the same was ruse. not necessary at the proposal stage. The It was, therefore, recommended that the Agency could not produce any evidence to Agency, in honour and truth, pay the widow establish any material gain by, or, any mal- the assured amount with requisite dues. afide intention on the part of the deceased in Compliance was desired within a month. giving a wrong profession. It was held that SLIC is equally re- Complaint No. Reg. H/21855/97 sponsible to verify the antecedents of the Non-payment of Insurance Policy insured. Mere signatures by a number of Raja Abdul Rehman presently residing functionaries of SLIC on the proposal form in the Sultanate of Oman complained about is not an empty ritual, but it is accompanied delay in the payment of Insurance Policy on by responsibility as well. The failure of account of his wife Mst. Zahida Jabeen. He SLIC to verify important antecedents, hav- stated that the State Life Insurance Corpora- ing a direct bearing on Term 36 offered to tion (SLIC)’s Agent Mr. Abdul Hai had pre- the insured, does not absolve it of its respon- pared the proposal form which his wife had sibility, being the bigger party in the con- signed in good faith. She was not aware of tract. It was thus held that the action by the implications of having been shown as a SLIC to repudiate the claim is arbitrary and School Teacher in the proposal form. After unreasonable and amounts to maladministra- her death the SLIC refused to pay claim, tion. It was therefore recommended that the alleging that misstatement had been made by full amount of claim be paid to the husband the insured in declaring her profession as of the assured. Compliance was desired Teacher at Tameer-e-Millat Public School, within 30 days. Khewra. They based their plea on confirm- ing from the Tameer-e-Millat Public School Complaint No. Reg. H/8511/98 that the deceased had never served as a Delay in Payment of Death Claim Teacher in that School. Mr. Anwar Khurshid resident of A hearing was held, during which rec- Khushab, stated that he alongwith his wife ord of the Agency was examined. Agency’s took a policy under “Jeewan Sathi” plan on Shahabad Plan Table-36 was perused. This 31.12.1995. His wife died on 8.9.1997. In was specifically meant for working women. spite of submission of complete documents However, similar benefits were also availa- the State Life Insurance Corporation (SLIC) ble under Table-03 and difference in premi- had not paid him the insurance claim. After um payable was only marginal, amounting protracted correspondence and hearings the to a few paisas per thousand rupees. At the SLIC submitted that the complainant’s wife time of proposal statement of the assured was pregnant at the time of submission of person about her profession as School proposal for insurance on 31.12.1995. She Teacher and place of her employment as had died from chronic renal failure as per the Tameer-e-Millat Public School was accepted death report, but SLIC took the plea that the
CHAPTER - V: Representative Cases 63 disease was aggravated due to the pregnan- was not appointed as a Rivetter. He took up cy. In this connection they relied on an en- the matter with the Chairman, KPT, but to dorsement on the policy documents which no avail. The posts were filled up from by reads as follows: selecting some of the candidates who did not “If the female life insured dies as a re- fulfil the formalities and did not even submit sult of pregnancy, child birth or compli- their applications on prescribed proforma cations thereof within 12 months from through HBL. They did not pass the trade the date of this policy was signed or test, nor they were called for interview. from this date this policy was last re- The matter was taken up with Chair- vived then benefits payable under this man, KPT who submitted a report. It was policy, will not exceed the premiums ac- examined and hearings were held. The tually received under this policy.” Agency stated that 28 posts of Rivetters Careful examination of the hospital were advertised in 1994 out of which seven records provided by the complainant showed were for Sindh (Rural) domicile. A ‘B’ list that his late wife suffered from acute renal (pass list) produced by the Agency indicated failure, pulmonary cocks and peritonitis for that the complainant was at serial No. 26 and which she remained under treatment from 7th among the candidates belonging to Sindh 5.5.1997 to 9.8.1997. Investigation revealed (Rural). There were no adverse remarks that her second and last child was born on against him in the pass list or in the – 1.7.1996, i.e. almost 10 months before she interview sheet. In view of the same, the was admitted to hospital in a serious condi- Agency should have appointed the com- tion. Nowhere in the medical history sheet plainant against the Sindh (Rural) quota as a the disease has been related to pregnancy or Rivetter, which the Agency failed to do. It child birth. It was held that in the absence of was therefore recommended that the com- any concrete, scientific evidence of sub- plainant be appointed as a Rivetter without stance which could establish that the de- any further loss of time and compliance be ceased was suffering from a fatal disease reported within two months. about two years earlier, the conclusion of SLIC that the lady in question or the claim- Complaint No. Reg. H/24134/97 ant concealed information about pregnancy Unjust Auction of Vehicle Imported from is highly presumptuous, unreasonable and Japan by KPT/Customs Department arbitrary. This amounts to maladministration Mr. Mahmoodul Hasan of Pir Mahal, as defined under Article 2(2) of P.O. No. 1 of Tehsil Kamalia, District Toba Tek Singh 1983. It was, therefore, recommended that complained against KPT/Customs Depart- the claim be paid in full to the beneficiary ment regarding unjust auction of a vehicle and compliance be reported. imported by him from Japan. According to the complainant, the vehicle was auctioned COMMUNICATION DIVISION without informing him in the first place and secondly, it was auctioned at Rs.661,000, whereas the market value of the vehicle at KARACHI PORT TRUST (KPT) that time was Rs.900,000. Complaint No. Reg. K/365/97 According to the Agency no one came Irregularities in Recruitment to Trade Posts forward to take delivery of the vehicle, the Mr. Javed Ahmed of Karachi alleged same was therefore auctioned under the KPT that he qualified in a test/interview but he Act/Customs. An examination of the case
CHAPTER - V: Representative Cases 64 revealed that the complainant paid Import payment of premia for continuous two years Fee amounting to Rs.22,303 and he was in along with bonuses. However, when the the process of clearing the vehicle, but the complainant applied for payment of surren- same was unjustly auctioned. He had de- der value, the PLI authorities did not add manded the sale proceeds to be paid to him. any bonus but, on the contrary, they made Keeping the facts of the case in view and payment of the amount even less than the also that the Agency had acted arbitrarily, premia paid by the complainant. He request- the Agency was directed to pay the sale ed the Wafaqi Mohtasib to direct the PLI to proceeds to the complainant. pay him according to the rules prevailing at the time of purchase of the policy. POSTAL LIFE INSURANCE (PLI) After investigation and keeping in view various decisions already taken by the Complaint No. Reg. H/11483/97 Wafaqi Mohtasib in identical cases, it was Inaction on Request for Revival of Policy decided that the loss due to the revision of Lapsed Due to Non-payment of Premia rules should be shared by the PLI and the Consequent to Fall of Dhaka (Former policy holder equally. The PLI was, there- East Pakistan) fore, directed to make payment of an amount Mr. Qamaruddin of Karachi com- of Rs.8,878.50 instead of Rs.6,575. plained that while residing in former East Pakistan (now Bangladesh) he had pur- Complaint No. Reg. H/955/98 chased a policy from the PLI. After the fall Wrong Calculation in Payment of Policy of Dhaka, he migrated to Pakistan and the Amount original policy document was lost in transit. Mr. Muhammad Amjad of Chakwal His claim for revival of the policy could not stated that his father Mr. Muhammad Iqbal be entertained by the PLI authorities at Ka- took a Postal Life Insurance policy of rachi. He requested for intervention. The Rs.100,000. Except for two premia of 10 and matter was pursued with the PLI. Based on 11/96 which could not be paid in time due to the reference of this office, the PLI (Paki- illness, all other premia had been paid by stan) wrote the PLI (Bangladesh) who, in due date. After the death of his father on turn, agreed to make payment of the surren- 4.12.1996 when he claimed the amount, the der value of the policy in question provided Agency sanctioned a payment of Rs.26,200 the complainant furnishes an indemnity only. He requested for intervention for pay- bond. ment of the due amount to him. It was a matter of satisfaction that a On taking up the matter with the Agen- foreign Government Department gave a very cy it reported that the Policy Holder took the positive response as a result of intervention policy on 7.1.1992 for Rs.1 lakh and the sum by this office. assured was for 21 years. He opted for monthly mode of payment of premium. As Complaint No. Reg. H/25348/97 such, a sum of Rs.478 was required to be Wrong Calculation of Surrender Value of paid regularly on account of monthly premi- Policy um, in order to keep the policy in force. On Mr. Muhammad Saleem of Karachi had the contrary, the Policy Holder paid the taken an insurance policy from the PLI in premia late. The Agency gave details of the October, 1995. At that time, the rules of PLI late payments and stated that the same ren- allowed payment of surrender value after dered the policy lapsed under Rule 39 of
CHAPTER - V: Representative Cases 65
Post Office Insurance Fund Rules. The due amount of unpaid premia upto the date Agency stated that the policy was not cover- of death of the insured person, the balance ing life risk and as such the premia paid after amount of the policy, together with the inter- lapse of policy amounting to Rs.26,290 for est due thereon, should be paid to the nomi- 2/92 to 8/96 only was refunded. nee(s)/legal heirs(s) of the insured person. The case was heard by the Investigat- Compliance was desired to be reported with- ing Officer at Jhelum. The complainant as in a month. well as his mother, the widow of Mr. Mu- hammad Iqbal attended the same. She stated PAKISTAN POSTAL SERVICES that the deceased had become diabetic and CORPORATION (PPSC) blind and his kidneys had also failed. They Complaint No. Reg. H/5171/98 had to incur heavy expenditure on his medi- Illegal Deduction of Zakat. Request for cal treatment by borrowing money. The Refund widow stated that she is illiterate and her son Sub. (R) Mushtaq Hussain residing in a was very young at that time and she did not village in Tehsil Gujar Khan, District Ra- know whether the premia were being paid in walpindi stated that he deposited Rs.250,000 time or not. Also, no intimation regarding in Post Office Special Savings Account. As late or non-payment of premia was even per Post Office Rules, if after 3 years the received from the Agency. The widow stated amount is to be reinvested, it should be first that besides the son she has two young withdrawn and then reinvested. In such daughters whose marriages are also to be cases, Zakat is not deductible. On maturity arranged. The Agency again stated about the of investment on 16.10.1997 the complain- lapses in payment of premia. During the ant went to the Post Office, the Post Master hearing, the Agency admitted that the policy deducted Zakat amounting to Rs.6,250 even was never declared as void nor was it for- on reinvestment, as instead of first with- feited. Although it was specifically men- drawing the amount and then depositing it, tioned in the notice for hearing that the rep- the Post Master first deposited the amount resentative of the Agency should bring the and then withdrew it. Despite pointing out original file of the case and all original sup- by the complainant that it was against the porting documents, they did not produce any Rules, the mistake was not rectified. The evidence, not even office copy to show that complainant prayed that the deducted any intimation or notice regarding delay or amount of Zakat be refunded to him. non-payment of premium was sent to the In its report the Agency stated that the insured person. The file which they had complainant opened his Special Savings brought did not contain any office copy of Account at Syed Post Office on 13.12.1994 any such notice. Keeping in view (a) the with an initial deposit of Rs.280,000. He circumstances of the widow, (b) the facts withdrew the amounts of Rs.10,000 and that the policy was allowed to remain intact Rs.70,000 on 5.7.1995 and 16.11.1995 re- despite a few months lapse in depositing the spectively from the principal value. Fur- amount of premia, (c) if there was any fault thermore, he continued to withdraw the in depositing the amount, its “punishment” amount of profit therein after every six could have been given to the insured person months. He deposited an amount of but not to his heirs and (d) there were seri- Rs.250,000 (Rs. Two lakh fifty thousand) in ous lapses on the part of the Agency as well, the said account on 16.10.1997 and thus the it was recommended that after deducting the balance came to Rs.518,750. He thereafter
CHAPTER - V: Representative Cases 66 withdrew an amount of Rs.268,750 from his years, he submitted all the required docu- account on the same date. On the basis of the ments in respect of his son to the Postal same, the Agency justified the Zakat deduc- authorities concerned. His claim though tion of Rs.6,250. genuine had not been accepted without any The Investigating Officer held a hear- justification. ing, in which not only representative of the On taking up the matter with the Post- Post Office but also a representative of Cen- master General, Northern Sindh Circle, tral Directorate of National Savings was Hyderabad it was revealed that orders for called. The Agency repeated its stance. The grant of cash award were issued on 8.2.1996. complainant stated that there is no sense in Due to limited funds, the Central Screening taking the cash of Rs.250,000 to the Post Committee had decided to sanction an award Office, depositing it and then withdrawing it to those applicants whose sons/daughters immediately. Examination of the matter had completed Hifz-e-Qur’an on or after revealed that the Clerk concerned was not 8.2.1996. Since the applicant’s son complet- aware of the Rules. He made deposit and ed the Hifz-e-Qur’an before the target date, withdrawal entries in the documents and to his case alongwith the other six applicants support the same, he also got deposit and were rejected. withdrawal slips filled-in. Further, as the After having examined all the relevant complainant was also not aware of the rein- papers, it was observed that injustice has vestment procedure and the Clerk had told been done to those who have been left out. him that unless the slips are filled-in, rein- The Agency was, therefore, advised to dis- vestment could not be made, he completed tribute the available funds equally among all the formalities of filling in the slips. During such persons who had completed Hifz-e- the hearing, the representatives of the Agen- Qur’an. cy could not even produce the deposit and withdrawal slips of 16.10.1997. It was held PAKISTAN TELECOMMUNICATION that in such cases the benefit of doubt also COMPANY LIMITED (PTCL) goes in favour of the aggrieved party. The plea taken by the Agency was, therefore, Complaint No. Reg.K/1498/98 considered to be incorrect and unjustifiable. Excessive Billing, Disconnection Due to It was accordingly directed that the deducted Non-Payment and Issuance of Notice for amount of Zakat be refunded to the com- Recovery of Rs. 215,505 plainant and compliance be reported within a Mr. Muhammad Moosa of Old month. Sakrand, District Nawabshah felt aggrieved of a notice dated 22.4.1998 issued by PTC Complaint No. Reg. H/3062/98 for recovery of Rs.215,505 against his tele- Delay in Grant of Cash Award for phone No. 336 (Sakrand). He was excessive- Hafiz-e-Qur’an ly billed during January and February 1994 Mr. Muhammad Siddiq Baig, Postmas- for which he had lodged complaints but, ter Line Par, Nawabshah, Sindh stated in his instead of conveying any decision, his tele- complaint that in accordance with the policy phone had been disconnected. of the Postal Department that a cash award The case was investigated and report of for Rs.5,000 would be granted to the chil- Agency was called. In reply, the Agency dren of Postal employees who completed pleaded that the bills were in order and the Hifz-e-Qur’an within an age limit of 18 complainant was liable to pay the outstand-
CHAPTER - V: Representative Cases 67 ing amount. After hearing the parties and traced and the case should be processed perusing the billing record of complainant against her for recovery of outstanding dues from January to April 1994, it was observed and the telephones of the complainant that the telephone of the complainant had should be restored on permanent basis until been misused. As per rules, the telephone a default is committed by the present owner should have been disconnected due to non- of the flat. payment of the very first bill. To stop accu- mulation of arrears to such an extent was the Complaint No. Reg.K/584/98 responsibility of PTC officials. The PTC Non-Providing of New Telephone was, therefore, directed to hold an enquiry Connection Despite Payment of Demand and fix the responsibility for allowing the Note on the Ground of Defaulter Premises arrears to accumulate. It was directed that Syed Mushtaq Ali of Karachi had ap- the amount outstanding against the com- plied for installation of a new telephone plainant be recovered from the delinquent which was being declined even after pay- officials. So far as the complainant was ment of demand note on the ground that two concerned, the PTC was directed to charge other telephones in the name of his tenant the complainant on the basis of average of had been disconnected at the same premises undisputed period @ Rs.79 per month for and new connection could not be provided the period from January 1994 to April 1994. till payment of outstanding dues. Investigation conducted by this office Complaint No. Reg.K/202/98 revealed that the concerned officials of PTC Wrong Issuance of Notice for Recovery of had allowed arrears to accumulate on two Arrears Amounting to Rs.62,864 on the telephones of complainant’s tenant and his Address of the Petitioner telephones were not disconnected despite Mr. Sajid Hussain of Karachi felt ag- default of several months. After examining grieved of the notice issued by PTC for all aspects of the case, it was decided that recovery of Rs.62,864.24 in respect of tele- 50% of the arrears should be recovered from phone No. 571453 which was never in- the complainant in easy instalments, while stalled/used by the complainant. He appre- the remaining 50% amount should be recov- hended that his two existing telephones ered from the delinquent PTC officials after could also be disconnected due to this unjus- fixing the responsibility for allowing the tified demand of outstanding arrears. arrears to accumulate without disconnection Investigation by this office revealed of telephone as per rules. that the telephone in question was installed by PTC for one Mrs. Fehmida Ibrahim who, Complaint No. Reg. K/2952/97 in the opinion of the Agency, might have Excessive/Wrong Billing remained a tenant in the flat. It was, there- Mr. S. Zafar Raza of Karachi, subscrib- fore, concluded that it was the fault of PTC er of telephone No. 4913006 complained to allow accumulation of arrears without that he was incorrectly billed for 107 local disconnecting the telephone after default of calls, Rs.141.40 for NWD and Rs.21,032.40 one or two months’ bills. It was, therefore, towards overseas calls not made by him. On recommended that action should be taken his complaint the General Manager (North) against PTC staff who is responsible for passed orders for disciplinary action against allowing the arrears to accumulate to such the SDO and line staff responsible for steal- an extent. Mrs. Fehmida Ibrahim may be ing of line of customer. He ordered that the
CHAPTER - V: Representative Cases 68 amount be recovered from their salaries. No Exchange authorities were requested to action had been taken and hence the com- provide the details, but no intimation was plaint. The complainant also requested that received. It was directed that the subscriber his telephone be kept in safe custody in be charged for overseas calls as per record of future. the Gateway Exchange, Islamabad. When a report was called from the Agency it stated that in the meeting of Re- Complaint No. Reg. K/3143/97 gional Vigilance Committee (RVC) held on Delay in Installation of a New Telephone 25.2.1995 the case was considered and it Connection was decided to delete the amount relating to Mr. Adil Sher of Karachi stated that overseas calls. However, there was no report after payment of Demand Note on 30.9.1996 about action against the officials concerned. for installation of a new telephone connec- The telephone had been disconnected also. A tion, Advice Note was issued on 7.1.1997. hearing was held. Representative of the Despite repeated requests in writing the Agency confirmed restoration of the tele- telephone connection had not been provided phone without restoration charges. to him. He was, however, unofficially in- Examination of the matter had revealed formed that there was a defaulter’s telephone that due to mischief of the concerned staff at his residence, which was absolutely incor- the line of the subscriber was stolen and the rect, as the premises had been in his posses- telephone was misused. It was held that the sion since 1973. subscriber is not liable to pay the amount On taking up the matter with the Gen- relating to the local calls and NWD calls as eral Manager Telephones concerned, it was well in addition to the overseas calls. The revealed that the Advice Note for installation General Manager (North) was also directed of the new telephone connection could not to take the disciplinary action against delin- be executed because of disconnection of quent staff, as already mentioned in the telephone No. 5861918 at the same address. earlier order. The Agency was further di- During the course of hearing, the DE rected to keep the telephone under safe cus- Phones concerned, however, could not pro- tody as per rules. duce any evidence in support of their state- ment that telephone No. 5861918 was ever Complaint No. Reg. P/2566/97 installed at the premises of the complainant. Excessive Billing As such, the General Manager Telephones Adil Medical Store, Dargai, Malakand was advised to provide the new telephone Agency complained regarding foreign calls connection to the complainant without fur- included in the bill of their telephone, which ther loss of time. they disowned to have made. They requested that the charges relating to overseas calls Complaint No. Reg. H/21726/97 allegedly made from their Telephone No. Delay in Providing of a New Telephone 332814 be withdrawn. On referring the case, Connection the Agency regretted to withdraw the charg- Mr. Ghulam Shabbir stated in his com- es. Overseas calls can be booked either plaint that he had paid the Demand Note through the local exchange or to Gateway dated 31.7.1993 and paid copy thereof sub- Exchange, Islamabad by direct dialling mitted in the office of the Divisional Engi- method. The record of the local office was neer Phones, Gulshan-e-Iqbal Exchange, silent about the entries of the calls. Gateway Karachi, for a new telephone connection.
CHAPTER - V: Representative Cases 69
Despite his best efforts the telephone con- 1991, whereas telephone No. 5834198 of the nection has not yet been provided to him. complainant was transferred to present resi- Besides the PTCL was demanding a sum of dence in 1993. Accordingly, the General Rs.10,000 as Security Deposit. Manager Telephones was advised to restore During the course of hearing, the DE the telephone of the complainant immediate- Phones concerned submitted that Demand ly. He was further advised to take action Note dated 31.7.1997 was issued to the against those officials who had not taken any complainant to clear the backlog. The relat- recovery action from the defaulter in 1991. ed file was already transferred to the Gu- listan-e-Jauhar Exchange. Complaint No. Reg. K/237/98 Subsequently, the Divisional Engineer Delay in Installation of a New Telephone concerned appeared before the Investigating Connection Officer and submitted that Demand Note for Mr. M. Siddique Malik, Labour Law an additional amount of Rs.5,000 has since Practitioner, Karachi stated in his complaint been issued to the complainant due to non- that Demand Note No. BLT-North-18708 submission of the lease papers of the prem- dated 26.6.1997 was paid by him and paid ises where the telephone is required to be copy thereof was submitted in the office of installed. He was asked whether or not the the Divisional Engineer, Pak Capital Ex- practice of demanding an additional amount change on 4.7.1997. It was about one year was in vogue when the actual Demand Note that the telephone connection had not been was paid. He replied in negative. installed. Even the orders of the Deputy In the above circumstances, the Agency General Manager concerned for installation was advised to arrange installation of the did not bear any fruit. new telephone connection for the complain- When the attention of the General ant without additional charges. Manager Telephones was invited in the mat- ter it was intimated that due to non- Complaint No. Reg. K/869/98 availability of cable network the telephone Illegal Disconnection of Telephone connection was not provided. Dr. Rakhshanda Naseem of Karachi It was found that the Demand Note was filed a complaint about disconnection of her issued without prior ascertaining the availa- telephone No. 5834198 by the telephone bility of cable network. The Agency was authorities without any justification. She was advised to arrange installation of the new told by the DE Phones, Clifton Exchange telephone connection for the complainant that her telephone was disconnected on ac- within a period of 30 days under intimation count of non-payment of telephone dues by to this Secretariat as per Article 11(2) of P.O. one Mr. Zulfiqar Ali against telephone No. 1 of 1983. 577748. She claimed that she had no rela- tionship with the defaulter in any manner. Complaint No. Reg. H/25965/97 During the course of hearing the DE Issuance of Bogus Bills Amounting to Phones, Clifton Exchange submitted that the Rs.56,751 complainant’s telephone was disconnected Mr. Shewak Ram of Jacobabad com- due to non-payment of dues of telephone plained against PTCL for issuing a bogus No. 577748. It was, however, observed from telephone bill amounting to Rs.56,751. The the record that the outstanding dues of tele- matter was taken up with PTCL. In its report phone No. 577748 pertained to the year it stated that a telephone was sanctioned in
CHAPTER - V: Representative Cases 70 the name of the complainant after he had institution for redress against the sordid paid the amount of the Demand Note. Later allegation levelled by the PTCL. on, on the same Registration number another The matter was taken up with the Demand Note was issued and the amount Agency. Further, copy of a letter dated was paid. As the complainant did not pay the 6.11.1997 from Ministry of Communication first bill amounting to Rs.41,713, the tele- was also provided by the complainant. The phone was disconnected. Ministry was of the opinion that the Agency The matter was examined in detail and took a very hasty step without going into the it was observed that telephone was installed merits of the case and visualising its impact after the complainant made payment in re- on the respectable senior citizen and his spect of the Demand Note. However, later family members. on, another Demand Note was issued by The Agency submitted their report and using the same documents and the same a hearing was held, in which the parties were Registration number by the Agency. Thus, present. Both the parties were heard and the issuance of two Demand Notes on one Reg- matter was discussed and it was recom- istration number pointed to unethical means mended that: used by the PTCL staff. (a) The Ministry’s letter dated Keeping the above position in view, the 6.11.1997 should be acted upon Agency was directed to proceed against the PTCL should not issue threatening people responsible for misuse of the tele- letters without full investigation phone both in terms of recovery and punitive and incontrovertible evidence. action. The Agency was also directed not to (b) The Ministry should constitute a penalise the complainant for the misdeeds of committee to look into the rele- others. Thus, the complainant was saved vant law, procedure etc. and sug- from further harassment and his grievance gest suitable amendments to the was redressed. Ministry. PTCL is a service organ- isation and their behaviour should Complaint No. Reg. K/2888/97 be as such and not as masters of Wrong and Malicious Allegation of the public. Malicious/Obnoxious Calls from (c) The Director, PTCL should send a Telephone No. 587-1036 letter of regrets to Mr. Firozuddin Mr. Firozuddin Ahmed, Chairman, Ahmed (The same was stated to Pakistan Insurance Corporation, Karachi in have been sent to him). his complaint had stated that he received a (d) A token compensation of Rupee letter from PTCL and was shocked and dis- one only be paid by PTCL to vin- tressed. His wife and his three daughters dicate the honour of Mr. Fi- were being charged by the PTCL for an rozuddin Ahmed and his family, alleged wrong which none of them had to assuage his feelings, which committed. The PTCL had alleged that they were hurt by the hasty action of had received a complaint from a customer PTCL. The Agency had no objec- and an obnoxious call was traced to his tele- tion to it. Compliance was to be phone No. 587-1036. He was to explain his reported within two months. position within seven days, failing which all telecommunication facilities at his house would be disconnected. He approached this
CHAPTER - V: Representative Cases 71
Complaint No. Reg. K/2196/97 time. He further agreed that the calls did not Excessive/Wrong Billing for the Months fit into the trend of earlier calls. of December 96 and January 97, After hearing the parties and examining Complaint Rejected by RVC the record it was observed that there were Mr. Muhammad Shoaib of Karachi lapses on the part of the Agency, as it did not complained that the PTC had given an ex- inform the subscriber at the time of the cessive bill in respect of his telephone No. heavy calls made. The Agency could not 6675725 for an amount of Rs.190,754 for a even find out the persons who made those short period from 16.12.1996 to 5.1.1997. calls or the called persons. It was, therefore, Within this period, his telephone was out of recommended that an amount of Rs.190,754 order and he had complained to the Agency. cannot be recovered from the complainant. It He alleged that his telephone was misused was held that this amount should be recov- by someone having contacts with the ex- ered from those who actually used the phone change/department. The calls were made in or from the called parties. Relief was thus one day minute after minute. There were two provided to the complainant. different calls to different places at the same time. He denied to have made those calls. He Complaint No. Reg. H/12054/97 stated that in the past his monthly bill has Reg. H/13528/97 been of the order of only Rs.500 or so. Unjust Issuance of Recovery of Notice When the matter was taken up with the Mr. Mazhar Hussain of Talhar, District Agency it reported that the subscriber was Badin, Sindh complained that his telephone running a school and the telephone might was disconnected by the Agency arbitrarily 3 have been used by someone other than the years back and was given to another party subscriber. The matter was further processed illegally, without his knowledge, with the and parties were heard. The complainant connivance of PTC officials. He had re- stated during the hearing that he had taken ceived a recovery notice for Rs.66,723, up the matter with the General Manager which according to him was wrong, illegal Telephones and other officers, but it was of and unjust. He requested for intervention. no avail. His telephone bill for the last four The matter was taken up with PTC. It was and a half years, i.e. from July, 1993 was not reported that the contention of the complain- more than Rs.500 per month on average. ant was correct as his phone No. 770 was According to the procedure of the illegally shifted to another party, i.e. Mr. Agency if there are heavy calls beyond a Azhar Hussain with the connivance of one certain limit the Agency contacts the sub- of their officials. The outstanding amount of scriber to confirm the calls and to deposit the Rs.66,723 was to be recovered from Mr. amount. This was not done by the Agency in Azhar Hussain and not from the complain- this case. ant. Both parties were also called for a hear- Representative of the Agency accepted ing to finalise the matter. After due examina- during the hearing that this was the first tion of the case, the matter was decided in complaint in this case and there was no ear- favour of the complainant. lier complaint on their record. The Division- al Engineer Telephones was given sufficient Complaint No. Reg. H/15632/97 time to submit evidence, if any, against the Unjust Issuance of Telephone Bills subscriber. He accepted that his SAOTR did Mr. Taj Muhammad of Hyderabad in not report to him about these heavy calls in his complaint against PTC has stated that he
CHAPTER - V: Representative Cases 72 had received a bill for Rs.75,078 against Complaint No. Reg. Q/50/97 telephone No. 42746 for payment whereas Unjust Delay in Payment of Service Dues no such telephone was ever installed in his to Retired Employee premises. He alleged that the telephone was Mr. Abdul Ghafoor Khan, presently installed at some other place and with the residing in District Rahim Yar Khan stated connivance of PTC officials he was being that he had retired as Assistant Engineer forced to pay the dues. He stated that he had (Phones), Digital-III, Quetta on 24.11.1996. made several representations to the Agency, He complained that he was being victimised but to his dismay, nothing was done to re- by delaying his pension while offic- move his grievance. He requested for justice. ers/officials retired after him had been paid On calling a report from the Agency, it stat- their service dues. He further stated that a ed that telephone No. 42746 was installed on wrong notification was also issued to him by 15.1.1992 and since then bills were regularly the Chairman, PTCL about his death on issued on the address of the complainant, but 17.12.1996 while he is alive. the complainant did not lodge any complaint On taking up the matter with the Agen- of non-installation of the telephone. The cy, it informed that the case has been taken telephone was closed due to non-payment on up with the concerned quarters, including 16.2.1993. The comments received from the sanction of his outstanding TA bills amount- Agency were communicated to the com- ing to Rs.41,720. Pension case of the com- plainant for his rejoinder. He stated that no plainant was finalised. The General Manag- telephone was ever installed at his residence, er, WTR Quetta was advised to arrange although no doubt he had applied for a new payment of TA bills of the retired officer connection. No demand note was ever issued within 30 days, if not so far paid. to him. He pleaded that the bill sent to him for payment was thus bogus. He alleged that Complaint No. Reg. Q/12/98 the PTC officials were involved in this fraud Bogus Billing and requested for justice. In order to resolve Mr. Rehmatullah of Quetta lodged a the matter, both parties were called for a complaint about bogus/wrong billing hearing. After due scrutiny and discussion amounting to Rs.10,898. On intervention of during the hearing, it was established that this Secretariat the Agency informed that the the Agency had allowed the arrears to be complainant should have appealed to the accumulated to the tune of Rs.75,078 and Zonal Vigilance Committee (ZVC). It was had failed to disconnect the connection on stated that however his case has been placed non-payment of dues. It normally does so, if before the ZVC. Later on, the Agency re- dues are not paid even for one month. The ported that a rebate of Rs.7,500 has been Agency allowed the telephone working for given to the complainant. about more than a year. The Government dues were to be recovered and should be Complaint No. Reg. K/6/98 (Imp) recovered from the actual consumer. It was Implementation of Order No. recommended that the entire matter should Reg. K/3309/93 dated 24.10.1996 be properly and thoroughly probed. The Dr. Akhtar Parveen Qadri, Registrar, Agency was directed to hold an independent Shaikh Zaid Bin Sultan Women’s Hospital, enquiry by a Senior Officer of PTC for fix- Larkana complained against non- ing responsibility for the recovery of the implementation of the Order passed in her Government dues of Rs.75,078. earlier complaint No. K/3309/93 dated
CHAPTER - V: Representative Cases 73
24.10.1996. According to her, the Order had telephone in spite of clear orders. not been implemented in its true spirit and a telephone bill amounting to Rs.10,254 had Complaint No. Reg. K/615/97 been received by her for payment. The tele- Wrong Issuance of Bills to Old Subscriber phone had also been disconnected. Mrs. Yasmeen Feroz of Karachi stated The matter was taken up with the that her husband Mr. Feroz Hamid was a Agency, which looked into the matter care- subscriber of telephone No. 571787 since fully. Consequently, it reported that an October, 1988. After July 1992 the number amount of Rs.8,734 has been deleted from was changed. Her grievance was that alt- the bill in question and a revised bill for hough the telephone was not in use even Rs.1,520 has been issued. It was stated that then bills of the telephone for the months of the telephone will be restored after the pay- August to November, 1995 were received; ment of the said revised bill. hence this complaint. After sometime the complainant grate- When a report was called from the fully acknowledged that the telephone has Agency it stated that telephone No. 571787 been restored and a new telephone number was opened on 30.6.1992 for Mrs. Nafis has been provided to her. Ahmed, Ajmeri House No. A-62/10, 5th Lane-1 Delhi Colony, Karachi. Investigation Complaint No. Reg. K/964/97 of the complaint revealed that in spite of Delay in Restoration of Telephone Mrs. Nafis Ahmed being shown as subscrib- Disconnected Illegally er, the bills were being issued in the name Mr. Muhammad Azam Khan, subscrib- and address of Mr. Feroz Hamid who was er of Telephone No. 4917875 complained the old subscriber of this telephone number. regarding disconnection of his telephone on Cause of the mistake was thus identified. false pretext of it’s use as a PCO. On his The Agency was directed to withdraw the complaint to the Divisional Engineer Phones wrong bills which should be treated to be the complainant was asked to furnish various cancelled and also to correct the record of documents, such as affidavit etc., which he this telephone number. Further, the General did and the Divisional Engineer Phones Manager concerned was directed to hold an ordered for restoration of the telephone, but inquiry in the matter and take disciplinary the same was not restored. The Telephone action on departmental level against the Technician, Naeem Akhtar demanded officials of the Agency responsible for not Rs.2,500 as bribe for doing the needful. The changing the record of this telephone, as a complainant had complained to the SDO, result of which the wrong bills have been but he took no action. issued to the old subscriber, resulting in the Investigation of the complaint estab- complaint. lished that it was a case of maladministra- tion, because the Agency had failed to prove Complaint No. Reg. K/3197/97 the allegations levelled against the com- Excessive Billing plainant. The Agency was therefore directed Mst. Shaheena Begum of Karachi sub- to restore the telephone without charging scriber of residential telephone No. 7512684 any restoration fee. The General Manager complained that she had been billed exces- concerned was also directed to hold enquiry sively for the months of May and June, against the above-named Technician and 1997. She had been charged Rs.76,138.75 other staff, who had failed to restore the and Rs.176,288 for NWD calls for these
CHAPTER - V: Representative Cases 74 months respectively. She stated that she in July, 1995 and it had been lying discon- never made these calls, she has no business nected. The Agency did not accede to the or other contacts in any country mentioned request of the complainant to restore it, de- in the bills. She alleged that therefore it is spite the fact that he produced evidence of clear that the telephone is being misused. upto-date payment of genuine bills. Conse- The telephone had also been lying closed for quent to intervention of this Secretariat, the the last 6 months. Her efforts with the Agen- Divisional Engineer Telephones agreed to cy to have the bill corrected had failed. restore the telephone subject to production On taking up the matter with the Agen- of clearance certificate from the SAOTR cy it stated that the matter had been consid- regarding the payments made by the com- ered by the DVC on 27.9.1997, but it regret- plainant. On the request of the complainant, ted that no technical error was found. Inves- it was also directed that as an when feasible, tigation of the complaint indicated that the the telephone should be converted into a subscriber had made local calls from Sep- Digital one, as early as possible. tember, 1992 to November, 1994, which had not exceeded from 38 calls to 225 calls in a Complaint No. Reg. K/254/97 month. From January, 1996 to May, 1997 the Delay in Payment of Salary Dues local calls made on the average were 166 Mr. Wazir Muhammad of District calls in a month. It was revealed that tele- Umerkot (Sindh) stated that he had been phone of the complainant had been misused working as a Telephone Operator in the like a PCO very mercilessly in connivance Office of Divisional Engineer Telegraphs, with the staff of the Agency. The Agency Mirpurkhas on temporary basis. He had was therefore directed that the complainant worked for more than 7 months and had not be charged on the basis of average monthly been paid his salary for the entire period. He bills for the past six months. The General therefore sought intervention of this Secre- Manager was also directed to hold enquiry tariat. On taking up the matter with the into the matter on departmental level to Agency, it reported that the complainant was bring the culprits to book. It was also di- engaged on a purely temporary basis for six rected that Divisional Engineer Telephones months on stopgap basis, at a fixed salary of should ensure that the meter, line and wire Rs.1,500 p.m. equipment of the subscribers is checked off Intervention of this Secretariat resulted and on, in order to ensure fault free service in resolving the matter. Consequent to the to the subscribers in future. same, the Agency informed that the com- plainant has been paid the outstanding dues, Complaint No. Reg. H/26306/97 which were now Rs.9,000. The complainant Delay in Restoration of Telephone, gratefully acknowledged that he has re- Conversion of the Same into Non-STD ceived the payment. Unjustly Mr. Abdul Sattar of Karachi subscriber Complaint No. Reg. H/24921/97 of telephone No. 6658135 complained that Unjust Disconnection of Telephone his telephone had been converted unauthor- Mr. Hafeez Uddin of Karachi, sub- isedly from STD to non-STD in March, scriber of Telephone Nos. 7771227, 7772930 1994, consequent to which inflated bill of and 7778358 alleged that due to non- Rs.4,067.82 was issued for the month of payment of bribe to officials concerned, the June, 1995. The telephone was disconnected Divisional Engineer Telephones, Marston
CHAPTER - V: Representative Cases 75
Road, Karachi had incorrectly disconnected him. his aforementioned telephone numbers since Report was called from the Agency. It 29.9.1997 on the false pretext that the same stated that the telephone was disconnected were being misused as PCOs. Despite re- due to non-payment in March, 1997 and peated complaints and personal approaches when the dues were cleared and Clearance to the Divisional Engineer and the General Certificate was issued the concerned officer Manager concerned from 9.10.1997 till had been directed to restore the telephone. 2.12.1997, neither the above telephones had However, the Divisional Engineer, Tele- been restored nor any action had been taken phones concerned had requested for some against the guilty officials by the Agency. time for doing so, because according to him, On taking up the matter the Agency it there were some technical difficulties on the reported that the three telephones were ground. In the meantime, the complainant closed temporarily due to being used as filed another application on 9.7.1998, stating illegal PCOs. However, they were restored that his above telephone number has been on 12.12.1997 on the directive of higher allotted to some other party by the Agency. authorities when the whole matter was He requested that the same be allotted to him looked into. It was reported that at present again, otherwise he will suffer a great loss in the same are working perfectly, as also con- business. firmed by the subscriber. Grievance of the Complete examination of the matter subscriber had been redressed. However, the revealed that officials of the Agency had General Manager concerned was directed to been guilty of negligence and are also ineffi- hold an inquiry in the matter and take disci- cient. Due to their negligence the subscriber plinary action at departmental level against was being harassed and put to inconvenience the officials of the Agency found responsible unnecessarily. The GM concerned was, for disconnecting the telephones and refus- therefore, directed to take suitable discipli- ing to restore the same. A compliance report nary action at departmental level against the was desired within one month. officials responsible for delaying the restora- tion of the telephone and harassing the sub- Complaint No. Reg. K/1/98 scriber unnecessarily. It was directed that the Delay in Restoration of Telephone telephone be restored without charging any Mr. Muhammad Hanif of Karachi, restoration fee and request of the complain- subscriber of telephone No. 7731024 stated ant for allotment of the old number once that the telephone which was installed in his again, be considered by the Agency, if it is shop was disconnected due to non-payment feasible, without causing any inconvenience of the bill of June, 1997. His grievance was to the new allottee of the number. that despite clearing all the bills upto Sep- tember, 1997, repeated personal visits, writ- DEFENCE DIVISION ten complaints and reminders to the authori- ties concerned since 28.8.1997, issuance of Complaint No. Reg.H/18349/96 Clearance Certificate dated 27.10.1997 writ- Delay in Grant of Family Pension ten Orders of General Manager concerned Mrs. T. C. Barganza presently residing dated 12.12.1997, the restoration of the Tel- in Western Australia who is the widow of ephone had been delayed by the officials. late Lt. Col. P. C. Barganza of Pakistan Ar- The complainant requested for restoration of my stated that her husband died on 7.2.1994 the telephone and payment of damages to and she had been agitating for family pen-
CHAPTER - V: Representative Cases 76 sion since then without success. been passed on to his opted bank. The com- The case was referred to Secretary plainant acknowledged the receipt of his Defence. This office was informed that the pension but insisted that his old opted bank complainant was a foreign national for may be changed to Hafizabad. The com- which there was no provision in the Pension plainant was informed that the National Regulations (Army), 1986 and therefore the Bank of Pakistan, Hafizabad had been di- matter has been under consideration in con- rected to make the payment in future. Ap- sultation with Ministry of Finance, after parently, the bank did not receive the in- which approval of the President would be struction and the complainant continued to obtained. Ministry of Finance cleared the agitate. After a protracted correspondence, case and a Summary was forwarded by the the complainant’s pension documents in- Ministry of Defence to the Prime Minister’s cluding payment orders were transferred to Secretariat on 7.3.1997. Apparently, some GPO, Hafizabad for payment to him. The procedural delay cropped up during the complaint was disposed of, as having borne process of approval. The Investigating Of- fruit. ficer obtained telephonic update from the Additional Secretary, Prime Minister’s Sec- Complaint No. Reg. H/24948/97 retariat on 20.12.1997. According to him the Family Pension of Widow Restored and proposal required approval of the President Notice for Vacation of Quarter for which an advice had been prepared for Withdrawn submission to the President. This was a Mst. Naik Akhtar widow of late M. happy development in the matter which had Sarwar Ex-Dispenser of Pakistan Railways been pending for quite some time. It was complained that her family pension has been recommended that the Secretary Ministry of stopped and she has been served a notice for Defence may ensure that after receipt of vacation of Quarter No. 26 Block No.6, approval of the President, the remaining Saddar Bazaar, Risalpur Cantt. She stated process of actual grant of pension to the that her late husband served the Office of widow is dealt with expeditiously and this Cantonment Board, Risalpur and retired office may be informed of the outcome. A from service after completion of 25/30 years copy of the Findings was also endorsed to of service, she has got no son or daughter, the Adjutant General Pakistan Army. the quarter was allotted originally to her husband and after his death it was trans- Complaint No. Reg. H/5264/98 ferred in her name. She stated that she has Request for Transfer of Pension no other source of income except meagre Haji Mehmood Anwar, presently resid- pension which has been stopped by the Can- ing in Hafizabad had served in the Pakistan tonment Board, she has also received notices Air Force. He complained of delay in trans- from the Cantonment Board Risalpur for fer of payment of his pension to the National vacation of the Quarter. Bank of Pakistan, Hafizabad, or Post Office, Report of the Agency indicated that Hafizabad. He stated that invariably pay- with the approval of the Ministry of Defence ment of his pension had been delayed. The sanction was issued for giving on lease in matter was taken up with CAAF, PAF, Pesh- respect of 314 quarters situated in the noti- awar for an early resolution. In response, the fied area, Risalpur to the present occupants complainant was informed that the arrears of by private agreement alongwith the existing restoration of pension w.e.f. 7/94 to 3/98 had superstructure. According to the Govern-
CHAPTER - V: Representative Cases 77 ment Notification rent of these 314 quarters 31.3.1983. The Officer had sufficient bal- was to be Rs.350 per marla + development ance of leave to his credit. However, the charges @ Rs.10 per Sq. Yards for a quarter. competent authority to sanction ex-post- Investigation of the complaint revealed that facto leave declined. Dr. Muhammad Saeed 295 quarters were given out on lease accord- Zahid died on 10.8.1996. On an informal ingly and all the persons living therein were reference from this Office, the Defence Pro- pensioners. Matter regarding the remaining duction Division referred the case to Finance 19 quarters had been left out. All the occu- Division (Regulation Wing) vide its O.M. pants of these quarters were also pensioners No.5/46/78/DP-7 on 2.12.1998. It was rec- or their family members, such as the com- ommended that proposal of Defence Produc- plainant. The Cantonment Board after leas- tion Division addressed to Finance Division ing out 295 quarters had stopped the process, may be approved on extreme humanitarian leaving the occupants of the remaining 19 grounds, keeping in view the fact that late Quarters in difficulty. A hearing was held, in Dr. Muhammad Saeed Zahid was a scientist which the Executive Officer, Risalpur Cantt. of eminence in the country. He had been Stated that the Cantonment Board is going to awarded Pride of Performance in 1978 by meet shortly to consider the whole position, the Government of Pakistan for his contribu- after which it will submit its Recommenda- tions in the field of Science. The Ministry of tions to the Government through the Direc- Finance approved that LPR be granted from tor General, Military Lands and Canton- 30.4.1982 to 31.3.1983 and on expiry of ments. LPR the officer be retired on superannuation The final outcome of the matter was pension. Thus, a 15 years old case was suc- left to the good judgement of all concerned cessfully concluded on an informal reference in the Government of Pakistan, Ministry of from this Office. Defence and its concerned Departments. However, the Cantonment Board gave a EDUCATION DIVISION commitment that the occupants including the complainant will remain in occupation of Complaint No. Reg. H/20323/97 their respective Quarters and continue to pay Necessity of Announcement of Results rent as advised by the competent authority. Simultaneously by FBISE Islamabad and BISE Rawalpindi Complaint No. Reg. H/13370/98 Ms. Nazish Mujtaba of Rawalpindi had Delay in Grant of Family Pension passed her Higher Secondary School Certifi- Mst. Bushra Begum widow of late Dr. cate (HSSC) examination from the Board of Muhammad Saeed Zahid complained about Intermediate and Secondary Education, non-grant of family pension. Her husband, Rawalpindi. She was not admitted in any Dr. Muhammad Saeed Zahid had proceeded Federal Government College of Islamabad, on retirement on 1.1.1983 after rendering 17 since the admission to the graduate class in years service in DESTO. Dr. Zahid was not the said institutions had already been closed. conscious of the fact that by proceeding on This happened owing to declaration of result retirement, 91 days earlier than superannua- by the Federal Board of Intermediate and tion, he would be deprived of pension. When Secondary Education, Islamabad, one month the pension claim was rejected, the depart- earlier than the Rawalpindi Board. The ment tried to make amends by extending his complainant asserted that both the Boards leave upto the date of superannuation i.e. should announce the results simultaneously,
CHAPTER - V: Representative Cases 78 so that the student of the twin cities, viz. general educational institutions. It was di- Islamabad and Rawalpindi could get admis- rected that progress in this respect be report- sions on merit in the degree class in the local ed within two months. educational institutions. On reference, the Ministry of Educa- Complaint No. Reg. H/16731/97 tion informed that the Rawalpindi Board was Delay in Issuance of Certificate a member of the Inter Board Committee of Mr. Ghulam Wasay, presently residing Chairman and adhered to a certain schedule in Karachi stated that in 1971 he was a stu- of examinations while the Federal Board, dent of Quaid-e-Azam College, Saidpur, Islamabad was not a member of the said District Rangpur, then East Pakistan and Committee. It was reported that a sub- appeared in the Intermediate examination committee has been already constituted to held by the Board of Intermediate and Sec- develop the uniformity in the schedule of ondary Education, Rajshahi, East Pakistan. examinations being conducted by all the He migrated to Pakistan and consequently he Boards in the country. could not obtain the certificate. He had re- A detailed hearing was held, in which peatedly approached the Ministry of Educa- the representative of the Ministry of Educa- tion and Board of Intermediate and Second- tion and the Federal Board, Islamabad were ary Education (BISE), Islamabad for issuing present. It was revealed that lack of co- of the certificate but he was not provided ordination among the educational Boards in relief. Pakistan and their anomalous procedures On taking up the matter with it, the and systems in vogue therein resulted in BISE, Islamabad reported that issuance of wasting of precious time of the younger certificate in question had been delayed as generation. Due to un-identical schedule of the matter had been taken up with the High announcement of results the professional Commission of Pakistan, Bangladesh with institutions specially the Medical Colleges in the BISE, Rajshahi, Bangladesh. The Inter Punjab could not finalise the admissions Board Committee of Chairmen, Islamabad during the last 9 months and each precious vide its decision dated 11.4.1983 had author- day of thousands of students was wasted. It ised the BISE to issue certificate on the basis was observed that the functionaries in the of verified marks sheets of Pakistani stu- Ministry of Education should realise that our dents who had passed their examination poor country cannot afford to waste its fi- from the then East Pakistan in 1971. Verified nancial and human resources; the adminis- marks sheets of some students had been trative procedures therefore required received but that of the complainant was still amendments to ensure simultaneous an- awaited. It was indicated that the certificate nouncement of results and hence admission would be issued as and when the verification in the professional and general educational of the complainant’s credential by the institutions. Rajshahi Board is received. It was accordingly recommended that A hearing was held, in which it was the Ministry of Education should ensure that established that out of 33 cases 18 persons the results of SSC and HSSC examinations including the complainant had not been so being held by all the educational Boards, far issued the required certificates due to the including the Federal Board in the country reason that their credential could not be got are declared simultaneously, facilitating the confirmed. The BISE, Islamabad as well as admissions on merit in the professional and the Ministry of Foreign Affairs had repeated-
CHAPTER - V: Representative Cases 79 ly taken up the matter with Dhaka, Rajshahi allowed to continue against a vacant post of and Jessore Boards. As a consequence, the Lecturer in Islamic Studies. Formal orders complainant had been deprived of his due are dated 15.10.1985. She continued to per- right during the last 26 years. It was recom- form her duties until she retired as stated, mended that the Inter Board Committee of from 16.3.1996. Not getting pension, she Chairmen should issue an equivalence certif- filed the complaint. icate on production of original marks sheet The matter was investigated and the by the complainant and on the basis of the facts stated above stood established. Finance same BISE, Islamabad should issue the Division contended that since the complain- desired certificate to the complainant. A ant had held ad hoc appointments through- compliance report was desired within 60 out, without regularisation, she was not days. entitled to pension. However, it was admit- ted that a temporary employee of more than Complaint No. Reg. H/18705/97 ten year’s service, on superannuation, was Delay and Discrimination in Grant of entitled to pension. Pension A hearing was held. The complainant Director of the Federal Education Insti- appeared on a wheel chair. She had imparted tutions, Islamabad vide Order dated education to the young students and this she 17.1.1980 allowed Mrs. Maqbool Naz Zafar had done for more than 10 years. Question and two others to teach in the Government therefore arose that whether the continuous Girls Higher Secondary School No.3, T&T ad hoc appointment of the complainant for Colony, Islamabad with effect from over 16 years could be treated as temporary 8.10.1979. Subsequently, on 29.11.1981, appointment, if not regular. The ad hoc ap- Government of Pakistan, Ministry of Educa- pointee has a security for the period of ad tion selected the complainant for appoint- hoc appointment, whereas a temporary em- ment as a Lecturer in Physics on ad hoc ployee has no such security. The complain- basis. Since then the appointment of the ant’s continuous service of 16 years could complainant was extended from time to time not be said to be less than temporary. Sub- with the approval of the competent authority stance had to be seen rather than the shadow. till her retirement on 16.3.1996. According Notice was taken of Finance Division’s to the report of the Ministry of Education Memo dated 5.2.1980 wherein it was men- dated 23.2.1998, the post of a Lecturer in tioned that “ad-hoc appointment has always Physics was referred to the Federal Public been treated as a temporary appointment”. In Service Commission (FPSC). The complain- this case the Establishment Division also ant submitted a petition on 15.11.1983 to the observed that “she has been holding the President of Pakistan for employment. A appointment on an ad-hoc basis continuous- copy of the same was forwarded to the Min- ly for more than ten years, which might istry of Education by the CMLA’s Secretari- entitle her to proportionate pension as and at, Islamabad on 23.2.1984 with the remarks when her services are terminated”. that her ad hoc appointment on the present There was a Supreme Court judgement post should not be terminated without a in the case of “Federation of Pakistan and reference to that Secretariat. A selectee of others versus Rais Khan” reported in 1993 the FPSC for the post of Lecturer in Physics as SCMR 609, where Mr. Justice Shafiur having joined, the complainant was relieved Rehman had observed at page 617 that “ad on 8.9.1995 but on the same day she was hoc appointments belong to the family of
CHAPTER - V: Representative Cases 80
‘officiating’, ‘temporary’ and ‘until further may kindly issue instructions to the Federal orders’ appointments.” Government to finance the scheme. This In view of the above, it was recom- Secretariat accordingly used its good offices. mended that the matter be looked into in its The Ministry of Education stated that the proper perspective and letter of the law be Ministry did not have any budget provisions not construed in the Shylockian way, and the out of which funds could be provided to the complainant—a teacher, old and disabled— PBSA for grant of pension to its employees. be allowed pension as soon as possible. A hearing was held, in which the complain- The complainant vide her letter dated ant argued that in addition to available C.P. 28.9.1998 informed that in compliance of Fund amounting to Rs.827,256 (as on the Findings the AGPR sanctioned pension 23.2.1994) the Association’s Khaas Deposit to her. Account amounted to Rs.6.0 million in March, 1998, of which Rs.2.0 million was Complaint No. Reg. H/23162/97 sanctioned as refundable loan to Pakistan Implementation of Approved Pension Boy Scouts Cadet College Batrasi and Rs.5 Case of Pakistan Boy Scouts Association lakhs for foreign travels of individuals. The Mr. Muhammad Rafiq Aslam of Islam- complainant argued that the C.P. Fund and abad is an ex-Secretary of Pakistan Boy accrued profit on the Khaas Deposit Account Scouts Association (PBSA). He and 19 other should have been converted to Pension employees alleged non-implementation of Fund. the Employees Pension Scheme which was The Agency consequently communi- approved and adopted after its thorough cated that C.P. Fund and accrued income study by the National Council of Pakistan from the Scout Cadet College or a refunda- Boy Scouts Association in its meeting held ble loan extended to the College will be on July 16, 1994, participated by 64 mem- consolidated so as to materialise the Pension bers and chaired by Mr. Justice Syed Ghous Scheme. It assured that the National Council Ali Shah, Chief Commissioner PBSA. would also be impressed upon to fix a cer- It had been observed in the aforemen- tain date to ensure an early recovery of loan. tioned meeting that the Pension Scheme had The case was closed, with the hope that taken too much time for its implementation National Council will do the needful and the in the PBSA when there had been previous Pension Scheme will be implemented. decision of the Council and its Committees for adoption and implementation of the Pen- Complaint No. Reg. K/2185/97 sion Scheme. The Council therefore decided Unjust Premature Retirement from to form a sub-committee to assess and exam- Service ine the recommendations of all the previous Dr. Zakia Zeba Abidi Professor of sub-committees and to report back the plan Political Science, Karachi University re- of implementation within two months time quested for reinstatement in service. She was to the Chief Commissioner, PBSA for his retired on the basis of wrong birth date of final decision. 30.12.1933 whereas her actual date of birth On calling a report the PBSA first took is 30.12.1938. The earlier date was based on the plea that the Association is a voluntary her matriculation certificate whereas the organisation and not controlled by the Gov- later date was as per birth certificate which ernment, but it stated that it would imple- she obtained personally from India where ment the scheme if the Wafaqi Mohtasib she was born. This certificate was also au-
CHAPTER - V: Representative Cases 81 thenticated by the High Commissioner of Complaint No. Reg.H/769/98 Pakistan in India. It was held that it is the Delay in Issuance of CT Certificate inherent right of a person to have his or her Mr. Chatromal of Chachro Taluka, correct age recorded in the service record. District Tharparkar made a complaint The established ruling of the High Court is against Allama Iqbal Open University that the first authentic proof of date of birth (AIOU) for delay on their part in the issu- is the birth certificate which supersedes all ance of CT Certificate to him. The matter age records. It was accordingly directed that was taken up with the AIOU for meeting the the complainant be reinstated in service and grievance of the complainant. The AIOU she may be paid the difference by way of vide their letter dated 2.3.1998 intimated that back benefits for the period she remained CT Certificate No. 18945 has been des- out of service. patched to the complainant vide Registry No. 846 dated 27.2.1998. The complainant ALLAMA IQBAL OPEN UNIVERSITY (AIOU) confirmed the receipt of CT Certificate from the AIOU and expressed his gratitude to the Complaint No. Reg. H/20815/97 Ombudsman’s Institution for the relief pro- Refusal to Grant Admission in B. Ed. vided to him. Programme Mr. Qaiser Nawaz Khan of District Complaint No. Reg. H/12793/98 Mianwali complained about refusal by the Request for Issuance of B. Ed. Certificate AIOU to grant him admission. The com- Miss Shabana from Badin complained plaint was referred to the AIOU who replied regarding non-issuance of B. Ed. Certificate. that the complainant did not fulfil the merit She had passed the examination in March, criteria for admission to B. Ed. Programme. 1998 and had paid the requisite fee for issu- However, the Agency advised that the com- ance of the certificate but no action had been plainant may apply for admission in the taken by the AIOU. On taking up the matter coming semester in November, 1998, i.e. the with it, the Agency reported that the B.A. Spring, 1999 Semester. The AIOU however provisional certificate issued to the com- stated that the University was not making plainant was not got verified from the Con- any commitment and case of the complain- troller of Sindh University. A letter had been ant will be considered according to the merit written by AIOU to the complainant, point- criteria. According to the same, a student is ing out the discrepancy. The Agency prom- required to have secured at least 55% marks ised that as soon as the complainant fulfils in B.A., whereas the complainant had ob- the requirement the case for issuance of tained 54.88% marks. The complainant, B. Ed. certificate will be further processed. however, stated that he is an orphan and is A protracted correspondence was un- poor, having keen interest in getting higher dertaken by this Secretariat, consequent to education. He desired to be admitted in the which the AIOU vide letter dated 6.10.1998 B.Ed. programme. Considering all this, it informed that B. Ed. Certificate No. 29365 was recommended that the eligibility score, had been despatched to the complainant by i.e. 55% may be relaxed by 0.12% for the registered post. Confirmation was sought complainant and he should be granted ad- from the complainant. She confirmed receipt mission in the B.Ed. programme of the of the B. Ed. Certificate issued by the AIOU AIOU. Compliance was desired to be re- and expressed her gratitude for settlement of ported within 14 days. her grievance. The case thus stood disposed
CHAPTER - V: Representative Cases 82 of, having borne fruit. received this remuneration. He approached the University authorities for payment of the Complaint No. Reg. H/15389/98 said remuneration to him but in vain. On Delay in Issuance of PTC Certificate taking up the matter with it, the Agency Miss Rubina Mushtaq of Chak No. informed that the Regional Director, Rawal- 136/1-L, P.O. Khas, Tehsil Jahanian, District pindi is being requested to send the bill of Khanewal complained of delay in the issu- the complainant for payment, if received by ance of PTC Certificate to her. The com- him and as soon as the bill is received, the plainant stated that she had passed the PTC same will be processed. In its subsequent Examination from the Allama Iqbal Open report the Agency intimated that the Region- University, Islamabad and had deposited the al Director, Rawalpindi has informed that requisite fee, but the University had not the bill in question has not yet been received issued her the certificate despite her numer- from the complainant and the payment will ous requests. On calling a report from it, the be arranged by the Agency on receipt of the Agency stated that there is a reappear exam- claim from him. ination fee of Rs.50 for PTC Course 613 The Agency’s report was sent to the outstanding against the complainant and she complainant for his comments. He did not had been directed to compete the formality reply. It was presumed that the complainant for the issuance of the said certificate to her. felt satisfied over the reported position. The report was sent to the complainant However, he was advised to submit his for her comments. In reply she informed that claim to the concerned University authorities she had paid the required fee amounting to for payment, if it was not done earlier. The Rs.50 to the University and requested for the University authorities were directed to make settlement of her grievance. On further fol- the payment of the said remuneration to the low up of the matter by this Secretariat, the complainant within 30 days of the receipt of Agency informed that PTC Certificate No. his claim. The case thus stood disposed of 93313 had been despatched to the complain- with relief. ant. The case thus stood disposed of, having borne fruit. Complaint No. Reg. H/16139/98 Unjust Declaring Fail Complaint No. Reg. H/15446/98 Mirza Ghulam Mustafa Baig of Rahim Delay in Payment of Remuneration Yar Khan complained against the misbehav- Mr. Muhammad Feroze of Government iour and improper office discipline of the Elementary School Dalwal, Tehsil Chowa Regional Office of the Allama Iqbal Open Saidan Shah, District Chakwal complained University. He stated that he had passed both about non-payment of remuneration. The the Semesters of his CT Examination by complainant stated that he had attended the obtaining 60% and 80 marks respectively, new PTCO Course for Spring Semester 1996 but he was shown fail in Islamiyat (CT and even completed the workshop. Conse- Course Code No. 635) on the pretext that he quently, he passed the Examination and the did not submit his assignments which was University issued him result card according- not correct. He approached the concerned ly. He had submitted his remuneration claim offices of the University but of no avail. through his Tutor Ch. Muhammad Aslam but On taking up the matter with it, the the payment had not been made to him. He Agency informed that the Tutor of the com- contended that his other colleagues had plainant, Mirza Ghulam Mustafa Baig, men-
CHAPTER - V: Representative Cases 83 tioned wrong Roll Number against the as- but her name was not included in the cumu- signment marks of CT 635 course and that lative list of assignment results available in the correction had been made after getting a the University. clarification from the Regional Director, The University did not furnish the AIOU. Copy of the revised Result Card sent results of the inquiry conducted by the Re- to complainant was also endorsed with the gional Director, AIOU, Faisalabad and simp- report. The complainant in his rejoinder ly informed that as per report of the Region- confirmed the redressal of his grievance. He al Office, Faisalabad, the complainant was expressed his gratitude over the settlement shown absent in the compulsory assignment of his genuine cause of complaint due to the component of courses 634 and 635. There- intervention of this Secretariat. He also fore, the complainant was required to take prayed for the issuance of directions to Uni- fresh admission in the particular courses. versity authorities to issue him CT Certifi- Examination of the record of the case, cate without delay. It was advised that the particularly the photocopies of both the University authorities should issue him the assignments provided by the complainant CT Certificate accordingly. The case thus indicated that the complainant had submitted stood disposed of with relief. her assignments to her Tutor and the portion of the assignment to be filled in by the Tutor Complaint No. Reg. H/16440/98 was duly filled by him and signed by him Unjust Declaring Fail Despite Submission and the complainant was awarded 93% and of Assignments 92% marks in English and Islamiyat respec- Miss Naznain of Chiniot, District Jhang tively. The Tutor had also recommended the stated that she appeared in her CT Examina- student as ‘V. Good’ in the relevant form. tion held by the Allama Iqbal Open Univer- The inclusion of the name of the complain- sity. She appeared in all the four subjects ant in the cumulative list had been omitted (Courses Code No. 634, 635, 604 and 605) due to some mistake of the tutor. This was but was declared fail in English and Islam- the reason the University had not given the iyat (Code No. 634 and 635). She contended details of inquiry conducted in the matter. that she had passed the final examinations of The complainant had already passed these subjects but was declared fail in as- the final examination and the submission of signments, while in accordance with her assignments to her Tutor had been proved as statement she had submitted her assignments per above. It was observed that there is no to her Tutors in time and she was announced reason to punish the complainant due to pass accordingly. She provided photocopies none of her fault. It was accordingly recom- of the assignments of English and Islamiyat mended that the University should consider wherein she was shown as pass. the case of the complainant on compassion- On taking up the complaint with the ate grounds on the basis of the copies of the Agency, it referred the matter to its Regional assignments submitted by her, in which she Director, Faisalabad in order to know the had secured very high marks (92% and 93%) facts. Photocopies of the assignments pro- and issue her revised pass Result Card in vided by the complainant showed that they English and Islamiyat subjects. Compliance had been duly evaluated by Mr. Abdul was desired to be reported within 30 days. Ghafoor Chughtai of Government Elemen- tary College of Teachers, Chiniot (Tutor of the complainant). The same showed her pass
CHAPTER - V: Representative Cases 84
Complaint No. Reg. H/14587/98 Joint Secretary he was posted in the Acade- Delay in Issuance of PTC Certificate my on deputation and pointed out that as per Mr. Mumtaz Ali of Shahdadpur District Establishment Division’s Circular No. Sanghar complained of delay in issuance of 1/14/70-T.II dated 17.3.1986 officers who PTC Certificate. He stated that he had have served on the directing staff of a train- passed his PTC Examination from Allama ing institution like him for at least 2 years Iqbal Open University, Islamabad, deposited are exempted to fulfil the condition of suc- the requisite fee and had sent the relevant cessful completion of a regular course at the documents to the University authorities for Pakistan Administrative Staff College, or, the issuance of his PTC certificate in Sep- the National Defence College, for promotion tember, 1997 but no action had been taken. to BPS-21. He stated that he is entitled to On taking up the matter with it, the Agency this benefit as well as the benefit of grant of informed that the University has not re- qualification pay @ Rs. 500 per month. He ceived any application from the complain- quoted the example of Mr. Shafqat Ezdi ant. It was advised that the complainant Shah who was allowed to draw qualification should submit his application on the pre- pay @ Rs.500 per month in terms of Finance scribed form for the issuance of PTC certifi- Division’s Office Memorandum No. F.6(11)- cate to him. Imp/91 dated 13.10.1992. The report was sent to the complainant The Agency took the stand that as per to do the needful. No response was received Office Memorandum No. F.6(9)/Imp/91 from him. He was further advised that he dated 17.1.1995 it is laid down that in future should apply to the University on the pre- the qualification pay shall be allowed to scribed form supported by attested copies of those officers only who have qualified the the relevant documents for the issuance of prescribed courses. A hearing was held, in the Certificate directly with intimation to which the complainant and representatives this Secretariat. The complainant replied of the Finance Division and Establishment back that he has completed the departmental Division were present. It was held that the formalities and requested to help resolve his complainant has retired on 26.10.1994 and grievance. On a further reference from this as such he would not be effected by the Secretariat, the Agency confirmed that PTC Office Memorandum dated 17.1.1995. On Certificate No. 93930 had been despatched the other hand, by virtue of Finance Divi- to the complainant vide Registry No. 574 sion’s O.M. dated 13.10.1992 he would be dated 14.11.1998. It was thus seen that the fully entitled to the qualification pay. It was desired relief had been provided to the com- accordingly recommended that the relevant plainant. authorities should allow him qualification pay of Rs.500 per month from the date he ESTABLISHMENT DIVISION joined the Civil Services Academy, Lahore until he retired on 26.10.1994. It was di- Complaint No. Reg.H/17849/96 rected that the qualification pay be added to Refusal to Grant Qualification Pay the salary drawn by him for the purposes of @ Rs.500 per Month pension and other dues. A compliance report Mr. Ata-ur-Rehman had served as Di- was desired within a month. rector (BPS-20) in the Civil Services Acad- emy, Walton, Lahore w.e.f. 1.9.1991 to 26.10.1994, i.e. till his retirement. Being a
CHAPTER - V: Representative Cases 85
FEDERAL EMPLOYEES BENEVOLENT FUND been defined and there is no provision for AND GROUP INSURANCE (FEBF&GI) inclusion of Incentive Pay towards calcula- tion of pension and Benevolent grant etc. Complaint No. Reg. H/9692/98 However, the representative of the NTC Less Payment of Group Insurance and provided a copy of letter No. 1/555/027/96- Benevolent Fund 97 dated 16.4.1997 notifying therein the Mst. Mehfooz Fatima resident of Adrra coverage of employees of National Tele- Rawat, District Rawalpindi complained communication Corporation, Islamabad about less payment of dues of her husband under the provisions of Federal Employees relating to Group Insurance and Benevolent Benevolent Fund and Group Insurance Act, Fund. She stated that her husband expired 1969 w.e.f. 10.1.1997. Para 2 of the letter when he was serving in the National Tele- dated 16.4.1997 described the emoluments communication Corporation (NTC), Islama- reckonable for pension as below: bad. The employer department of her hus- “According to Section 2(7) of the Fed- band had paid all the dues to her. However, eral Employees Benevolent Fund and the Federal Employees Benevolent Fund and Group Insurance Act, 1969, the contri- Group Insurance, Islamabad had paid her butions of Benevolent and Group In- only Rs.115,000 as Group Insurance and surance Funds are required to be recov- Benevolent Fund grant of Rs.900 per month. ered on emoluments which reckon for She contended that the monthly contribution pension. Therefore, the contributions from the pay of her husband had been made will be recovered on Pay, Senior Post as Rs.50.75 and Rs.71 for Group Insurance Allowance, Special Pay and any other and Benevolent Fund respectively. She pay/allowance which reckons for pen- claimed that the calculation against both the sion.” claims has not been made correctly. She It was obvious from the above that the sought help of this Secretariat for the settle- words, “any other Pay/Allowance” would ment of her grievance. cover the ‘Incentive Pay and Good Conduct On taking up the matter with FEB&GI, Pay’. The NTC further certified that the it informed that the amount has been calcu- existing strength of NTC’s regular employ- lated in accordance with the rates specified ees is 1402 and that incentive pay is given to at Serial Nos. 4 and 25 of the Second Sched- all employees of NTC and the contribution ule of the Agency’s Office Memorandum towards pension, benevolent fund and group dated 28.12.1995. However, it admitted that insurance is being made after including this clarification had been sought from the Fi- pay in the basic pay of the employees. In the nance Division whether the ‘Incentive Pay’ presence of this clarification, it was con- be considered reckonable for pension pur- firmed that the Incentive Pay is included in pose and for calculation of the Benevolent the Basic Pay of the employees of NTC and Grant and the Sum Assured. That Division the contribution towards pension, benevolent had replied in the negative. A hearing was fund and group insurance is made after in- held and the case was discussed at length. cluding the same. The resultant amount is The representatives from the FEBF&GI placed at the disposal of Federal Employees reiterated their earlier stand and relied upon Benevolent Fund and Group Insurance for the reply of Finance Division under Civil the calculation of benevolent fund grant and Service Regulation (CSR) 486, wherein the group insurance accordingly. It was there- reckonable emoluments for pension have fore held that there is no ground to deprive
CHAPTER - V: Representative Cases 86 the widow of the deceased employee for the Fund Grant, if any, in favour of the benefi- payment of dues paid by her husband during ciaries of the late employee. The Survey of service/lifetime. It was accordingly recom- Pakistan promptly provided a copy of the mended that the Incentive Pay and Good previous sanction letter issued by the Conduct Pay on which the contribution to- FEBF&GI, Rawalpindi in favour of two wards benevolent grant and group insurance sons of the deceased employee. The case has been received by the FEGP and GI, was again referred to the Benevolent Fund Islamabad should be included for the pur- Department for report, which it furnished, pose of calculation of Benevolent Grant and stating as follow: Group Insurance. Compliance was desired to “as per record available with this of- be reported within 60 days. fice, late Tindol Faiz Ali of No. II par- ty, Survey of Pakistan, Rawalpindi, Complaint No. Reg. H/5766/98 who died on 13.11.1972 nominated his Delay in Extension of Benevolent Fund two sons Master Muhammad Gulfaraz Grant and Muhammad Nisar to receive the Mst. Jan Bibi residing in a village in Benevolent Fund grant in the event of Tehsil Kahuta District Rawalpindi com- his death. On the basis of said Nomina- plained about non-extension of Benevolent tion, the benevolent grant @ Rs.75 per Fund Grant sanctioned to her earlier, for month (in equal share) for the period another five years. She stated that due to the from 14.11.1972 to 30.6.1981 i.e. upto death of her husband on 13.11.1972 she was sixty years age of the deceased was allowed benevolent fund grant which she sanctioned to them and not to his wid- received for ten years from 14.11.1972 to ow. Accordingly, the matter is being 30.6.1981. She contended that in accordance taken up with the concerned Depart- with the amended Act, 1996 she was entitled ment with a view to establish the eligi- to receive this grant for 15 years or the age bility of widow (complainant) other of 65 years of her husband while the date of than actual beneficiaries and complete birth of her husband was 1.7.1921. She had the relevant documents ‘in case of her approached the Director, Regional Board, entitlement’.” Federal Employees Benevolent Fund and It was seen from the documents fur- Group Insurance, Islamabad for the exten- nished by the FEBF&GI, Islamabad that the sion of grant, but no action had been taken. claim for the grant of benevolent fund and Hence this complaint. group insurance to the beneficiaries was On a reference from this Secretariat the forwarded by the Survey of Pakistan on Agency reported that the complainant did 19.3.1973 and nomination sent therewith not furnish any reference of her old case. tendered by the deceased on 14.1.1969 was She was advised to provide the same. A in favour of his two sons, e.g. Muhammad hearing was held. Representative of Gulfaraz and Muhammad Nisar who were of FEBF&GI showed his inability to examine 10 and 5 years ages at that time. Conse- the case without any old reference. The quently, the Benevolent Grant and Sum Investigating Officer took up the matter with Assured was sanctioned in favour of both the employer department of the deceased the sons of the deceased employee. The facts husband of the complainant, e.g. Survey of of the case indicated that neither the com- Pakistan and requested them for a copy of plainant was allowed the said grant nor she the previous sanction of the Benevolent responded to the communications sent to her
CHAPTER - V: Representative Cases 87 by the Benevolent Fund. It was recommend- Thus the intervention of this Secretariat ed that the Agency should take steps to es- helped to resolve the matter of restoration of tablish the eligibility of the widow (com- benevolent fund grant to the complainant. plainant) and allow her the said grant for another five years, if she completes the doc- Complaint No. Reg. H/10552/98 and uments and proves her eligibility for the Reg. H/16421/98 sanction of the above said grant. Extension in Grant of Benevolent Fund Mst. Rasheeda Begum widow of Mu- Complaint No. Reg. H/6359/98 hammad Ibrahim complained about failure Withholding of Benevolent Fund Grant to extend the Benevolent Fund grant to her Miss Shakeela Bibi daughter of a late by the Agency. She stated that she was al- Government Servant, Mr. Samuel Masih, lowed the said monthly grant of Rs.250 for presently residing in a village in Tehsil the period from 16.10.1985 to 15.10.1995. Shorkot, District Jhang complained about Later on, the facility was extended. She withholding of benevolent fund grant al- approached the concerned offices for exten- lowed to her for 10 years from 12.12.1987 to sion of the grant, but no action was taken. 11.12.1997. She stated that she had not re- The Agency in its report stated that the date ceived the grant for the last two years. of birth of late Muhammad Ibrahim was On taking up the matter with the Agen- 17.10.1932. He attained the age of sixty-five cy, it clarified that the complainant could not years on 16.10.1997 whereas fifteen years draw the grant from 18.1.1994 onwards, due period comes from 16.10.1985 to to shifting her residence, as per her state- 14.10.2000 which is on the higher side. After ment. This Secretariat took up the matter deducting the ten years period already with the Federal Employees Benevolent availed from 16.10.1985 to 15.10.1995, the Fund and Group Insurance Organisation as complainant is entitled for the grant for the well as National Bank of Pakistan, Shorkot additional/remaining period from 16.10.95 City Branch District Jhang. The Bank clari- to 16.10.1997, i.e. upto sixty-five years age fied in its report that as per rules on the sub- of the deceased, being on earlier side. The ject if the grantee could not draw benevolent report added that the complainant and the fund grant continuously for 6 months or National Bank of Pakistan, Sitara Market, over, the payment is stopped and could not Islamabad had been advised to provide some be released until receipt of fresh approv- documents. It was stated that as and when al/sanction from the Regional Board, the requirement is fulfilled and the docu- FEB&GI. Consequently, the payment of mentation is completed, the case would be grant was stopped. Secondly, the complain- finalised. ant had been shifting her residence time and The report was sent to the complainant, again. The Bank stated that now it has re- but she did not respond. Consequently, the ceived the fresh approval from the Regional matter was again taken up with the com- Board, FEB and GI, Islamabad and the com- plainant and other concerned Departments. plainant has been advised to receive the The FEBF&GI, Islamabad took very prompt grant, but the beneficiary has not yet visited action and informed that the complainant the Bank. It was stated that the Bank offi- had been sanctioned the Benevolent Grant cials are making all out efforts to search the @Rs.250 per month for an addition- complainant so that the grant may be given al/balance period from 16.10.1995 to to her. 16.10.1997 i.e. upto the age of sixty-five
CHAPTER - V: Representative Cases 88 years of the deceased, being on the earlier but she said that the same had been lost. She side, as permissible Section 13(1)(b) of the provided a copy of FIR lodged with Police Federal Employees Benevolent Fund and Station Saddar, Multan with regard to the Group Insurance (Amendment) Act, 1996. loss of payment order issued earlier in the The case thus stood disposed of, having name of her husband. The matter was taken borne fruit. up again with the Agency to examine the case on the position reported by the Bank. Complaint No. Reg. H/16085/98 The Agency again advised the Bank clarify- Non-Transfer of Benevolent Fund Grant ing the position that the complainant widow Mst. Imtiaz Begum of Rampur Alamdi, as well as they have no objection but Sooraj Miani Tehsil and District Multan FEBF&GI requires the original copy to be widow of Mr. Mumtaz Hussain stated that a sent to the Bank of the deceased employee, Benevolent Fund grant was sanctioned to her which is a pre-requisite for the issuance of husband on 8.1.1994. After the death of her revised sanction in favour of the widow husband she requested for the transfer of the complainant for the transfer of grant in her said grant in her name but no action was name. taken by the Agency. On taking up the mat- It was observed that the complainant’s ter with it, the Agency informed that (late) husband had retired on 16.2.1992 and he Mr. Mumtaz Hussain retired from service on was allowed benevolent fund grant w.e.f. medical grounds w.e.f. 16.2.1992. He was 17.12.1992 till his death. He expired on sanctioned the Benevolent Grant @ Rs.600 18.7.1996 and her widow is entitled for the per month w.e.f. 17.2.1992 till his death. The transfer of the said grant in her name. report added that it had been observed from Though the documents belonging to the the documents received from widow that the beneficiary have been lost but there is no beneficiary had expired on 18.7.1996 and reason for the misplacement/loss of the doc- the Benevolent Grant was transferable to his uments which should be available in the widow subject to the audit/confirmation of Bank. the previous payment made to the deceased In view of what has been discussed by the Bank. Therefore, the National Bank above, it was held that the complainant is of Pakistan, District Courts Branch, Multan entitled for the transfer of grant to her; non- had been asked to return the original pay- provision of documents by the National ment order documents, previously issued to Bank of Pakistan, District Courts Branch, them. It was stated that the case will be set- Multan is gross negligence on their part. It tled by transferring the Benevolent Grant in was held that the National Bank of Pakistan, favour of the complainant as soon as the District Courts Branch, Multan is duty requisite documents are provided to the bound to provide the original record of the Agency by the said Bank. beneficiary, late Mr. Mumtaz Hussain (hus- The matter was taken up with the com- band of the complainant) sent by the Federal plainant and the National Bank of Pakistan Employees Benevolent Fund and Group District Courts, Multan by this Secretariat. Insurance, Islamabad in January, 1994. It The Bank informed that the original pay- was therefore recommended that the said ment order pertaining to late Mr. Mumtaz Bank, should provide the original record Hussain was misplaced somewhere by the asked for by the FEBF&GI, Islamabad in deceased and after death, the widow was their letter dated 2.12.1998 within 30 days of asked to return the original payment order the receipt of these Findings and thereafter
CHAPTER - V: Representative Cases 89 the FEBF&GI, Islamabad should issue the the case of the complainant will be settled. sanction for the grant of Benevolent Fund in The National Bank of Pakistan, Kallar the name of the complainant within 15 days Syedan, Rawalpindi was directed to provide of the receipt of record. the original documents or certificate to the Federal Employees Benevolent Fund and Complaint No. Reg. H/11153/97 Group Insurance, Islamabad, which was Payment of Benevolent Fund Grant directed to sanction the Benevolent Fund Mst. Rozina Khatoon widow of Mu- grant to the complainant for the additional hammad Nazir Stated that she received Be- period. Compliance was to be reported with- nevolent Fund grant upto 30.5.1988, after in 30 days. which it was discontinued. She requested for its restoration. The matter was taken up with Complaint No. Reg. H/25902/97 the Agency. It stated in its report that the Discontinued Benevolent Fund Grant complainant had been asked to return the Sanctioned to Widow original payment order card, after which her Mst. Anwari Begum, widow of Mr. case for sanction of Benevolent Fund grant Muhammad Ramzan residing in Islamabad for the additional period will be considered. stated that she received Benevolent Fund The complainant could not produce the grant upto 30.8.1997 after which it was original payment order card. Hence, Nation- discontinued. She requested that Federal al Bank of Pakistan Gulehra Gali was asked Employees Benevolent Fund and Group to provide requisite documents to the Feder- Insurance, Islamabad may be asked to sanc- al Employees Benevolent Fund and Group tion Benevolent Fund grant to her for life. Insurance (FEB and GI), Islamabad, for the The matter was taken up with the Agency. It purpose of assuring due relief to the com- stated in its report that the case is under plainant. The National Bank of Pakistan, process and will be finalised soon. Finally, Gulehra Gali and the complainant were the Agency informed that the problem has advised to provide the requisite documents, been sorted out and Benevolent Fund grant after which the FEBF and GI was directed to has been sanctioned to the complainant for a settle the case at the earliest. Compliance further period of 5 years, from 24.8.1997 to was to be reported within 30 days. 23.8.2002, as admissible under the existing rules. Complaint No. Reg. H/9881/97 Payment of Benevolent Fund Grant Complaint No. Reg. H/1357/97 and Mst. Karim Jan widow of Muhammad 16 Others Yousaf, presently residing in a village of Payment of Benevolent Fund Grant and District Rawalpindi stated that she received Group Insurance to Employees of Benevolent Fund grant for 10 years after Population Welfare Division Ensured which it was discontinued. She requested 17 employees of the Population Wel- that Benevolent Fund grant may be sanc- fare Division complained against the Federal tioned to her for an additional period of 5 Employee Benevolent Fund and Group In- years. The matter was taken up with the surance, Islamabad for their refusal to sanc- Agency. It stated in its report that the Na- tion Benevolent Grant to them. They were tional Bank of Pakistan, Kallar Syedan, employees of Provincial Population Welfare Rawalpindi had been asked to return previ- Departments originally and were absorbed in ous payment orders documents, after which the Federal Population Welfare Division,
CHAPTER - V: Representative Cases 90 later on. Sanction of Benevolent Grant was held on 29.4.1998. It was observed that all denied to them by the FEBF&GI on the the four Provinces have now started deduc- reasons that their deductions were not made tions at Federal rates. After detailed discus- at Federal rates and the amounts realised sion, it was finally agreed that Provincial from them by the Provincial Governments Governments will accept the liability of were still with them. making payment of Benevolent Grant and While deciding two similar cases No. Group Insurance on Provincial rates to the Reg. I/9114/95 and Reg. I/9115/95 it had employees who expired or retired before been recommended that the Population Wel- 1.10.1997 and Federal Employees Benevo- fare Division should sort out the issue with lent Fund and Group Insurance, Islamabad the Provincial Governments and ensure that will be responsible for making payment in all pending cases of this nature are finalised respect of those employees who expired or at the earliest. The Population Welfare Divi- retired on or after 1.10.1997. sion had informed on 1.3.1997 that an It was appreciated that this long out- amount of Rs.2.379 million had been trans- standing issue has been mutually resolved ferred by the Provinces to FEBF&GI and the between the Population Welfare Division matter was finally resolved. However, this and Provincial Population Welfare Depart- Secretariat have continued to receive com- ments. It was directed that the amount of plaints from employees of Population Wel- contribution received so far by Provincial fare Division that Benevolent Grant was not authorities and Federal Employees Benevo- being sanctioned to them. The matter was, lent Fund and Group Insurance, Islamabad therefore, taken up again with the may be adjusted as agreed. It was also di- FEBF&GI, Islamabad. They intimated that rected that it may be ensured that payment of the entire contribution had not yet been Benevolent Grant and Group Insurance is remitted to them by the Provincial Govern- made to all the seventeen complainants and ments. Hence, they were not in a position to all pending cases of this nature are cleared at entertain certain cases. This Secretariat ad- the earliest. It was hoped that no such com- dressed a number of letters to the Provincial plaint for non-payment of Benevolent Grant Governments. A meeting was convened by and Group Insurance will arise in future. this Secretariat which was attended by repre- Compliance was desired to be reported with- sentatives of Population Welfare Division, in a month. Provincial Population Welfare Departments and FEBFI&GI, Islamabad. It was noted that Complaint No. Reg. H/5288/97 in spite of Supreme Court’s decision dated Payment of Benevolent Grant 19.1.1993 declaring the employees of Popu- Mr. Taif Khan of Bannu stated that his lation Welfare Departments as Federal Gov- younger brother Mr. Naik Dad had expired ernment servants, deductions were being during service and Benevolent Fund grant made from them at Provincial rates. It was and sum assured have not been sanctioned to agreed that deductions from them may be his family members so far. The matter was made at Federal rates w.e.f. 1.10.1997. It taken up with the Federal Employees Be- was also agreed that liability of employees nevolent Fund and Group Insurance, Islama- who expired or retired before 1.10.1997 may bad. They stated in their report that the claim be accepted by Provincial Population Wel- for Benevolent Fund grant was received on fare Departments. However, the matter still 31.3.1996, sanction was issued in favour of remained unresolved. A final meeting was the family members on 18.11.1996 and
CHAPTER - V: Representative Cases 91 payment orders/documents were dispatched and submitted pension papers to the Federal to National Bank of Pakistan (NBP) Bannu Directorate of Education for onward trans- on 19.11.1996. On receipt of the complaint, mission to the AGPR for the grant of pen- the position was confirmed from NBP, who sion. After several months, instead of grant- stated that they did not receive payment ing pension, the AGPR referred the case to documents. Postal authorities were also the Establishment Division in February, asked to investigate the matter. 1998 with the request to clarify whether she Consequent to intervention of this should be allowed the benefits of ERBS, or, Secretariat, the FEBF and GI, Islamabad otherwise, in view of Establishment Divi- informed that misplaced documents have sion’s Office Memorandum dated been traced out and Benevolent Fund upto 29.12.1997 regarding deferment of the said 30.6.1997 has been paid to the complainant. scheme. The complainant submitted that Subsequently, the complainant in- such clarification was not required, as she formed that the sum assured has not yet been had stood retired from Government service paid to the family members. The Agency with effect from 3.11.1997 and on the other stated that the matter is pending due to non- hand the Establishment Division O. M. re- availability of guardianship certificate. The garding deferment was issued on complainant was asked to furnish the same. 29.12.1997. She pleaded that as such it is On his doing the needful, it was reported unjust to deprive her of the benefits under that the sum assured has also been paid to ERBS. The complainant requested that the the family members, in accordance with the AGPR, Ministry of Education and the Estab- guardianship certificate. lishment Division be directed to finalise her case under the ERBS and be restrained from FINANCE DIVISION taking any action which may adversely af- fect her rights under the said scheme. ACCOUNTANT GENERAL PAKISTAN The AGPR submitted that it has to REVENUE (AGPR) AND AG OFFICES follow directions of the Establishment Divi- sion and the Finance Division in matters Complaint No. Reg.H/5835/98 requiring clarification and in this particular Delay in Finalisation of Pension Case case a clarification was required as to Miss Afroze Begum, ex-Director Gen- whether the complainant be allowed the eral, Federal Directorate of Education Islam- benefits under ERBS in the particular cir- abad complained that in spite of completion cumstances as narrated. The Establishment of all formalities and submission of pension Division in its comments communicated that papers to AGPR in November, 1997 the it had sought the advice of the Finance Divi- AGPR had not finalised her pension. She sion. had opted for retirement from the post of A hearing was held wherein the com- Director General under the Early Retirement plainant pleaded her case as aforementioned. Benefits Scheme (ERBS). Her option had She stated that she was under constant stress been accepted by the competent authority. and strain due to frequent transfer notifica- The same was done under the ERBS for tion issued by her parent Ministry (Ministry Government servants as envisaged in Estab- of Education). She stated that even while her lishment Division’s letter No. 35/2/97-RW- case was under process she was posted in the III dated 12th August, 1997. She relinquished University Grants Commission. The Minis- charge of the post on 3rd November, 1997 try of Education confirmed that it had for-
CHAPTER - V: Representative Cases 92 warded the pension papers of the complain- 5.12.1940. A hearing was held. The original ant to the AGPR on 27.11.1997. During the Service Book was seen and found that there hearing, representative of the Establishment is no question of tempering. The entries had Division submitted a copy of the reply re- been made under the orders of the competent ceived from the Finance Division. In the authority. It was observed that for umpteen same, it had been advised that the complain- years nobody checked the entries. The date ant’s case may be submitted to the compe- of birth of the complainant as in the service tent authority for acceptance of her option as record, i.e. 1.12.1947 should be taken into ‘fait accompli’. account. It was accordingly directed that It was held that the complainant, hav- pension and other dues of the complainant ing applied under ERBS, her option having be paid on that basis. been duly accepted and she having relin- quished the charge on 3.11.1997, legal right Complaint No. Reg. H/18266/97 for the pension benefits under the scheme Discrimination in Grant of Personal had accrued to her. It was held that as such, Allowance her case would not be affected by the Estab- Mr. Muhammad Pervez Zafar, an Ac- lishment Division’s O. M. dated 29.12.1997 countant presently working in the Federal regarding deferment of the Scheme. It was Directorate of Education (FDE), Islamabad directed that the pension benefits be worked stated that as a result of his absorption in the out by the AGPR accordingly and paid to the Education Directorate he was allowed per- complainant within 30 days. The AGPR sonal allowance, which he used to get in the implemented the Orders. Ministry of Water and Power, but later on, the AGPR, Islamabad disallowed the same. Complaint No. Reg. H/19466/97 He therefore requested for intervention. Request to Grant Pension on the Basis of On reference to the Director General, Date of Birth in Service Book FDE, Islamabad it was reported that the Mr. Ghulam Khan, presently residing consequent to refusal of the AGPR to absorb in a village of Haripur stated that his de- the personal allowance in the pay of the partment sent his pension papers to the Dis- complainant the matter had been referred to trict Accounts Officer, Rawalpindi by indi- the Finance Division. Consequently, the cating his date of birth as 1.12.1947, as per Finance Division (Regulation Wing) gave a his service book, whereas the DAO assumed ruling that in terms of their O. M. the date of birth as 5.12.1940 on the basis of F.1(2)Imp/94 dated 16.1.1995 the complain- medical certificate issued by the District ant is entitled to continue to draw personal Headquarters Hospital, at the time of his first allowance w.e.f. the date of his absorption in entry to service. The complainant stated that the Education Directorate. It was a matter of he was given pension and gratuity by the satisfaction that the intervention of this Sec- DAO taking his date of birth on 5.12.1940, retariat helped in providing due relief to the which date did not appear in any of the rele- complainant, who was also paid the arrears vant documents, i.e. Service Book and of personal allowance. School Leaving Certificate. The complaint was referred to the Complaint No. Reg. H/5331/97 DAO, Rawalpindi who stated that date of Family Pension/Arrears Paid to Legal birth recorded in the Service Book has been Heirs of Deceased Employee tempered and he has taken the same as Mr. Muhammad Mubarik resident of a
CHAPTER - V: Representative Cases 93 village in Tehsil and District Abbottabad the representative of the complainant had stated that his deceased brother Muhammad received the original authority for safe Banaras was serving as a Valveman in Sub transmission to the AG Punjab. It was also Division, Murree under the control of Exec- stated that duplicate authority would be utive Engineer Public Health Engineering issued on knowing the actual position from Division No. 1, Rawalpindi and he died on the complainant. When asked if the original 25.1.1996 while in service. He stated that the authority was passed on to the AG Punjab deceased had rendered more than 10 years the complainant stated that she had wrongly qualifying meritorious service, entitling him retained the authority with her. However, she to pension; the deceased being unmarried, sent it to the AG Punjab who finalised the his father was entitled to receive his pen- pension case and issued PPO No.2205/Bal to sionary benefit, but he also expired on the District Accounts Officer, D. G. Khan. 25.1.1996, after five days of the death of his The complainant gratefully confirmed that son, before receiving the pensionary bene- her pension was fixed at the rate of fits. The complainant had applied for pay- Rs.637.14 per month and that she received ment of pensionary benefits to the District arrears of pension amounting to Rs.7,357.63. Accounts Officer, Rawalpindi, who had Thus, the complainant got due relief with the declined. intervention of this Secretariat. The complaint was referred to the above mentioned Office and was followed Complaint No. Reg. H/6953/98 up considerably. It was intimated that the Delay in Payment of Attendant Allowance matter had been taken up by the office con- Mr. Muhammad Nazir, a retired Haval- cerned with the Accountant General, Punjab. dar of Loralai Scouts agitated against Ac- Consequently, the AG Punjab addressed the countant General Pakistan Revenue (Sub DAO, Rawalpindi, directing him to make Office) Quetta that the Agency has delayed payment of life time arrears of pen- payment of his attendance allowance of sion/gratuity to the legal heirs of the late Rs.80 p.m. granted to him on invalidation pensioner. The DAO, Rawalpindi was di- from service with effect from 31.10.1991. rected to ensure compliance of the orders of The Accountant General Pakistan Rev- AG Punjab and intimate this Secretariat enues (Sub Office) Quetta’s report revealed within 60 days. that the IGFC had not produced complete relevant documents to his office, due to Complaint No. Reg. H/14770/98 which the case was pending in his office. Delay in Payment of Family Pension Both the Agencies were instructed to settle Mst. Kaniz Fatima of Wah Cantt. Com- the case by mutual consultation. Conse- plained against A. G. Punjab for delay in quently, the case of the retired official which payment of family pension and sought help had remained pending for about seven years in the matter. When the complaint was taken was settled. up with the Agency it reported that the sealed authority was not received from the Complaint No. Reg. Q/18/98 Accountant General, Balochistan and that Illegal Recovery of Amount of the latter was requested for the supply of Rs.21,459.44 from His Wife’s Pension duplicate copy of the authority so that pay- Dues ment of pension could be made to the com- Haji Ghulam Hussain of Quetta lodged plainant. The AG Balochistan replied that a complaint against Accountant General
CHAPTER - V: Representative Cases 94
Balochistan that illegal recovery of Sindh, in connection with less payment of Rs.21,459.44 had been made from his de- GP Fund as he had received only Rs.12,000 ceased wife’s pension dues. She had retired as final payment on retirement in the year as an employee of Health Department, Gov- 1991 as primary school teacher, whereas his ernment of Balochistan. Investigation re- colleagues had been paid Rs.40,000 each. vealed that the said recovery was made by The matter was taken up with the con- the Health Department on the grounds that cerned Agency. The Agency informed that the service book of the official was mis- necessary authority for the remaining placed and she could not be retired at the age amount of GP Fund, amounting to Rs.73,959 of superannuation and served upto the age of had been issued on 1.6.1998 in favour of the 60 years and 7 months. Hence, recovery for complainant. seven months salary was made from her The complainant, in his letter dated service dues. The Chief Secretary, Govern- 17.6.1998, expressed his heartfelt gratitude ment of Balochistan was advised to refund for getting his case processed to his satisfac- the recovered amount as the official did not tion after the lapse of seven years. remain in service intentionally. Moreover, for the period of seven months she was paid Complaint No. Reg. K/2893/97 for the duties she performed and in Islam Unjust Recovery of Rs.56,935 After 11 and General Law, there is no concept of Years on the Alleged Grounds of Wrong getting labour without remuneration. Fixation of Pay Mr. Allahdad Chandio of Mirpur Complaint No. Reg. H/23190/97 Mathelo, District Ghotki complained about Abnormal Delay in Payment of GPF to unjust recovery of Rs.56,935 after about 11 the Widow of an Employee of Health years of his retirement on the alleged Department, Government of Balochistan grounds of wrong fixation of pay. Widow of Abdullah Jan an employee of Examination of the case revealed that Health Department, Government of Balochi- the alleged overpayment of pay on re- stan approached this Secretariat agitating fixation to the complainant was noticed by against Accountant General Balochistan for the Agency in the year 1993 whereas the delay in payment of GPF amount of her late Agency had issued a letter in this connection husband. Investigation of the case indicated in 1983 and cognisance of this letter had that the Accountant General, Balochistan been taken by the Agency after more than 10 had asked the C&W Department, Govern- years. This lapse on the part of the Agency ment of Balochistan to provide information was taken notice of, as the complainant had about deduction of GPF contributions of the drawn his pay after due authorisation of the late official, but no response was coming. competent authority. Therefore, after more With the intervention of this Secretariat the than 10 years of his retirement, pointation by case was finalised and payment of GPF the Agency to a recovery to the tune of amount was made to the widow which was Rs.56,935 from a poor pensioner was held to pending since long. be unjust in view of the fixation of a pay made by the competent authority. Accord- Complaint No. Reg. H/20928/97 ingly, the Agency was directed not to make Less Payment in Respect of GP Fund any recovery from the complainant. Mr. Abdul Haq of Rahimyar Khan filed Upon timely intervention of this Office a complaint against the Accountant General, which resulted in redressal of his grievance,
CHAPTER - V: Representative Cases 95 the complainant wrote a letter to this Office in accordance with the prevalent instruc- and expressing his extreme gratitude. tions. The intervention of this Secretariat resulted in tracing out of the original service Complaint No. Reg. H/14589/97 roll of the complainant, his pay was fixed, Commuted Portion of Family Pension giving benefit of the increment and the re- Restored vised Pension Payment Order (PPO) was Mst. Syedan Bibi, residing in a village sent to the District Accounts Officer, Rawal- in Tehsil Kahuta, District Rawalpindi filed a pindi. Compliance was desired within 30 complaint against AGPR, Karachi regarding days. delay in restoration of commuted portion of pension of her late husband Mr. Adalat Khan CUSTOMS DEPARTMENT to her. The matter was taken up with the AGPR, Karachi who reported that the case Complaint No. Reg. K/12/98 (Imp) in has been since finalised and the National Reg. K/4026/93 Bank of Pakistan, Kallar Syedian Branch, Delay in Settlement of Family Pension Rawalpindi has been authorised to make Mst. Fatima Haider of Karachi, one of payment on account of restoration of com- the two wives of a Customs Officer who had muted portion of pension. Complainant’s died while in service complained of delay in grievance was thus redressed to her satisfac- grant of family pension. The first wife of the tion. deceased did not recognise the complainant as second wife of the deceased employee for DISTRICT ACCOUNTS OFFICER, the purpose of payment of proportionate RAWALPINDI pension as per rules. The Department was Complaint No. Reg. H/21024/97 earlier directed vide Wafaqi Mohtasib’s Failure to Grant Anomaly Increment. order dated 11.12.1994 to distribute the Payment of Difference of Gratuity and service dues of the deceased among both the Grant of Additional Increment widows as per rules subject to mutual con- Ch. Haq Nawaz an ex-Sub Inspector of sent. However, according to the complain- Police presently residing in Bheen, Tehsil ant, the first wife being well settled in life, and District Chakwal had retired from Police had no interest to get the service dues and Department w.e.f. 1.1.1992. After retirement was delaying the matter due to which the he was granted an additional increment complainant, with minor children, was fac- w.e.f. 1.1.1991 and entry to this effect had ing hardship. been made in his service book, but he did The matter was pursued with the Cus- not receive the benefit of the additional toms Department and the first wife of the increment. He had made efforts with the deceased employee was also called at our office of the Senior Superintendent of Police Regional Office Karachi. Ultimately, she (SSP) and District Accounts Officer, Rawal- agreed that the payment of the service dues pindi to resolve the issue. of the deceased employee be made to both On taking up the matter with the Offic- the widows as per rules. She gave a written es concerned it was found that the service consent to the disbursement of the dues. As book of the complainant could not be traced such, the case was closed with directions to and due to non-availability of the same the Customs Department to settle the service department of the complainant had been dues of both the widows and report compli- requested to prepare a duplicate service book ance within 30 days.
CHAPTER - V: Representative Cases 96
Complaint No. Reg. H/184/98 (Imp) in When the matter was taken up with the Reg. H/4332/98 Agency it acknowledged that relief was due Delay in Settlement of Pension Case to the complainant, if she clears the default Mr. Anjum Hilal, Senior Intelligence of principal amount she could be given the Officer of the Directorate General of Cus- desired remission. The complainant was toms and Excise who had retired on medical addressed. She did the needful and replied grounds complained that his Department back that she had deposited an amount of was delaying his pension order/case. Rs.70,000 as advised by the Agency when The matter was taken up and pursued she contacted it. Apparently, nothing had with the Agency. As a result thereof, Agency been paid against the loan and the outstand- reported that pension case has been finalised ing amount was the entire principal amount and Pension Payment Order (PPO) has been of Rs.70,000 itself, with entire interest being issued on 14.7.1998. Through his letter dat- remitted under the Prime Minister’s Relief ed 21.7.1998 Mr. Anjum Hilal also con- Package. On further follow up of the matter firmed the position and thanked this Secre- the Agency asked that the complainant be tariat as follows: advised to collect property documents on “all I have to say is “Thank You”. I re- production of legal heirship certificate as call the saying “better late than never”. required under the rules after which Re- That my case was delayed, the Agency demption Deed will be executed. The com- in its finalisation has regretted after all. plainant got relief with the closure of Ac- May your esteemed organisation pros- count after payment of the principal amount per forever and may Allah Almighty of Rs.70,000 instead of Rs.141,052 with give you the power and strength for ini- interest for which notice was served upon tiating justice in favour of the needful her. (Ameen). The case may very kindly now be filed without any further pro- Complaint No. Reg.H/1611/98 ceeding and that too, with a bundle of Request for Remission as a Widow thanks.” Mst. Salamat Bibi of Rawalpindi had stated that her husband who was a Govern- HOUSE BUILDING FINANCE CORPORATION ment servant had died quite sometime ago (HBFC) and her source of income is the meagre Complaint No. Reg.H/67/98 family pension of Rs.688 p.m. She had taken Request for Remission of Interest on Loan a loan from the Agency for building a house, Mst. Tahira Begum of District Islama- on the guarantee of her husband’s brother bad stated that her late husband was a senior Mr. Fazal Alam because on the basis of her Proof Reader in a newspaper, had taken a meagre income the loan could not be sanc- loan of Rs.70,000 from the Agency in 1983 tioned. The loan of Rs.97,000 was taken in and died on 6th October, 1989. She stated 1989, instalment for repayments was fixed at that the instalments could not be paid after Rs.1,324 p.m. and Mr. Fazal Alam kept the sad demise of her husband and she has paying the instalments till he unfortunately now received a notice of an outstanding died on 29.4.1996. The complainant stated amount of Rs.141,052 against the loan. She her pathetic situation in that she has three requested that she be given the benefit of sons and three daughters with very meagre remission of interest under Prime Minister’s financial resources and requested that she be Relief Package for widows. given remission on the basis of insurance of
CHAPTER - V: Representative Cases 97 late Mr. Fazal Alam. Office took up the matter of settlement of When the matter was taken up with the death claim with the State Life Insurance Agency it informed that late Mr. Fazal Alam, Corporation (SLIC) an objection was raised the guarantor, being a third person, no relief about discrepancy in the date of death being is admissible to him in the form of death 9th or 10th April, 1993. The HBFC had been claim from State Life Insurance Corporation. asking the complainant for furnishing the However, the Agency agreed that the lady correct document in this respect. On the complainant is entitled to remission of entire other hand the Union Council had been rent (interest) in pursuance of the Relief refusing to do so. Package announced by the Prime Minister of It was observed that it is extremely sad Pakistan. The Agency advised that the com- on the part of the Union Council to refuse to plainant should contact the District Manager, make a small correction as such. The com- Rawalpindi-I for needful. Consequent to the plainant has stated the date of sad demise of same the Agency intimated that on the basis her husband as 10.4.1993 and it should be of calculations, if the complainant makes a taken as that. It was directed that with the payment of Rs.11,845 before 30.4.1998 her same the controversy should stand closed case will be processed for remission of en- and the HBFC should immediately forward tire rent charged on her account since its the case of the complainant to SLIC. It was inception upto 30.4.1998. The complainant further directed that the matter should be deposited the amount of Rs.11,845 on pursued by the HBFC with SLIC on person- 27.4.1998, consequent to which the Agency al level and due relief to the complainant remitted the entire rent amounting to should be ensured within 30 days. Rs.89,225. It was noted with satisfaction that she has got due relief with the intervention Complaint No. Reg.H/4644/98 of this Secretariat. Delay in Return of Original Documents on Closing of Account Complaint No. Reg.H/2792/98 Malik Muhammad Nawaz of Rawal- Delay in Release of Land Documents pindi stated that he had taken a loan of Despite Clearance of Loan Rs.97,000 from the Agency, of which he had Mst. Farhat Bibi, widow of Muham- been paying the instalments since Septem- mad Rafique of Attock stated that her hus- ber, 1987. He enclosed a detailed statement band died on 10.4.1993, being in grief due to of amounts deposited by him, giving a total the sad demise the date of death was inad- of Rs.90,404 upto 7.7.1997 and stated that vertently entered as 9.4.1993. She stated that according to the advice of the HBFC, Ra- she approached the Union Council which walpindi Office he deposited a further refused to correct the date of death. She was amount of Rs.40,837 on 11.8.1997. This asked by the Agency to deposit Rs 56,219 amount was indicated to him by the Agency due from her before further action could be as the outstanding one. The complainant taken. She did the needful on 18.9.1996 but alleged that after the same the Agency was her account was not closed. She complained unable to reconcile the account and close it that she has orphan children, cannot run within the stipulated period of one month. from office to office and her problem should He also alleged demand of illegal gratifica- be solved. tion for closure of the Loan Account. On taking up the matter with the Agen- When the matter was taken up with the cy it came out that when the HBFC, Head Agency it stated that no doubt the account is
CHAPTER - V: Representative Cases 98 required to be closed within a month if oth- Complaint No. Reg. H/12812/98 erwise in order for closing, but the case of Request to Refund Amount Deducted on the complainant had been delayed due to Account of House Rent Allowance omission of entries in respect of two pay- Mr. Munir Ahmed Shams had taken ments and certain audit observations. The premature retirement in 1992, two years Agency denied the allegation regarding earlier than his superannuation when he was demand of illegal gratification. However, the working as Chief Manager, HBFC, Zonal intervention of this Secretariat resulted in Office, Islamabad. He stated that he did so, closing of Account on 14.3.1998 and the because of being a heart patient when he was complainant gratefully acknowledged that transferred to Gilgit at the age of 58 years the same has been done exclusively because and his health did not allow his moving as of this intervention. He confirmed that his such. The presence of his wife, a Head property documents have been returned and Nurse in the Federal Government Services the Redemption Deed has been signed. Hospital, Islamabad was essential for look- ing after his health. The complainant stated Complaint No. Reg.H/5601/98 that at the time of his retirement, an amount Request for Giving Insurance Credit in of Rs.99,792 was deducted from his pen- the Payment of Loan Dues, Keeping in sionary dues, without giving him any notice, View the Disability of Her Son or, a hearing. This was on account of House Mst. Ghulam Aisha widow of Mu- Rent Allowance paid to him for the period hammad Ramzan of Sargodha had stated February, 1982 to December, 1988. His wife that her late husband had served as a Driver had been allotted Government accommoda- in Pakistan Air Force for 22 years, became tion, in which he was residing and the Agen- disabled and was discharged from service. cy took the plea that he could not draw She stated that a loan of Rs.139,000 was house rent allowance in this situation, ac- taken from the Agency on the guarantee of cording to Finance Division’s O.M. her son. She had stated further that her son No.5(17)-GAZ.Imp(I)/73 dated 20th No- worked in Saudi Arabia and it was with his vember, 1974. The same provides as fol- earnings that repayments were made. Unfor- lows: tunately, he became ill and the Medical “If both husband and wife being Gov- Board in Sargodha examined his disability. ernment servants are residing together The complainant requested that since her son at the same station in a Government has become disabled and the case is insured residence allotted to one of them, house she should be given the benefit of the insur- rent allowance shall not be admissible ance. to the other even if the station is a spec- When the matter was taken up with the ified one.” Agency it indicated in its report that a claim The complainant enclosed copy of a has been lodged with the State Life Insur- decision of Federal Service Tribunal, Islam- ance Corporation (SLIC) and the complain- abad dated 23.6.1986 in the case of Mrs. ant should wait for the decision. The Agency Razi Begum, a Section Officer of the Fi- was directed to expedite the finalisation of nance Division. Her husband was working in the insurance case at personal level with the Quaid-e-Azam University. In the context SLIC. It was directed that due benefit should of the Finance Division’s O.M. dated be ensured to the complainant within 30 20.11.1974, the Tribunal observed as fol- days and compliance be reported. lows:
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“Neither the University can make a rule plainant was entitled to the house rent al- affecting the Federal Government em- lowance, the deduction of Rs.99,792 from ployees nor the Federal Government the pensionary dues of the complainant has can make any rule affecting the Uni- no lawful authority and is unjust. It was versity employee.” accordingly directed that the amount should The Order of the Tribunal concluded as be refunded to complainant. Compliance follows: was desired within 30 days. “The net result is that we accept this appeal and direct that the appellant INCOME TAX DEPARTMENT should be allowed house rent allow- ance as admissible under the rules and Complaint No. Reg. H/5937/98 refund the amount already deducted on Request for Refund of Overpaid Income this account.” Tax In its report, the Agency tried to justify Mr. Abdul Qayyum an Ex-Contractor the deduction. They took support of Finance of Gujar Khan complained that a refund of Division (Regulation Wing)’s another O.M. Rs.141,214 was due to him on account of dated 10.4.1988, by which they have clari- Income Tax already paid/deducted from him. fied that House Rent Allowance will not be On taking up the matter with the Agency it admissible even in cases where one of the acted promptly in the matter, which had spouses is employed by the Federal Gov- been delayed unnecessarily. The Agency ernment and the other by an autonomous reported that the amount has now been paid organisation, if posted at the same station and the complainant confirmed receipt of the and one of them has been provided with same. accommodation. Further report of the Agency was called Complaint No. Reg. H/1029/98 and a hearing was held. It was seen that by a Delay/Inaction in Refund of Rs.221,420 letter dated 23.8.1997 the HBFC, Head Of- Mr. Abdul Aziz of Rawalpindi com- fice, Karachi had asked the Finance Division plained regarding non-payment of the due whether they had filed an appeal against the amount of Income Tax refund. When com- aforementioned decision of the Federal Ser- ments were called from the Agency they vice Tribunal. It was confirmed during the were not found to be satisfactory and there- hearing that in spite of lapse of all this time fore a date was fixed for hearing by the from 23.8.1997, the Finance Division have Investigating Officer. After hearing the par- not replied to this question. It was held that ties and examining the record produced by Finance Division’s O.M. dated 10.4.1988 them it transpired that despite the availabil- cannot overrule the view held by the Federal ity of documents to the fact that tax had been Service Tribunal judgement. That O.M. paid/deducted at source and the Agency’s therefore does not hold any ground. The own decision that the refund was payable to only manner of reversing the decision of the the complainant, the refund was not made. It Federal Service Tribunal would be an appeal has been admitted by the Agency that the against the same in the competent higher excess amount had been paid/deducted at forum. There being nothing to indicate the source, but it was not refunded. No plausible reversal of the aforementioned decision of reason for the same could be given by the the Federal Service Tribunal, it still holds Agency. However, after verifying the pay- ground. As such, it was held that the com- ment challans, the Assistant Commissioner,
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Income Tax gave a written undertaking that ADBP should also adopt this facility availa- refund would be issued at the earliest. Relief ble in the case of government servants. Dur- was thus provided to the complainant with ing the hearing, representative of the Agency the intervention of this Secretariat. informed that the matter is under considera- tion. AGRICULTURAL DEVELOPMENT BANK OF As for relief to the complainant, it was PAKISTAN (ADBP) recommended that; (i) the complainant be appointed again on contract basis as the Complaint No. Reg.H/2447/98 Agency had appointed her earlier; (ii) with Request for Regularisation of Service in the same, she should be allowed to retain the Place of Her Deceased Husband accommodation allotted to her late husband, Mst. Nusrat Amina presently working in which she is presently residing with her as Typist in the Library of ADBP, Head children and; (iii) the Agency should extend Office, Islamabad stated that her late hus- the facility as above given by the Cabinet band was working as a Driver in the ADBP, Decision in the case of government servants, became invalid with an attack of paralysis in in respect of its employees also. With the 1992 and expired on 1.12.1996. She stated same, the complainant should be considered that the Agency was good enough to employ for regular appointment, subject to her ful- her on work-charge basis, later on she was filling the requirement of typing speed for employed on contract, but on the expiry of the post of Typist. the same she had been again employed on It was observed that human tragedy can work-charge basis. She stated that her eldest fall on anybody. Everybody should do what son is 18 years old, is invalid and required can be done to avert the devastating effect of treatment. As a special case she had been the same. A sympathetic response was ex- allowed to retain the accommodation allot- pected within a month. ted to her late husband, but with her em- ployment on work-charge basis she had Complaint No. Reg.H/7074/98 become un-entitled to the same. She prayed Request for Appointment in ADBP Under that in order to solve her problems her ser- Disabled Persons Quota vice may be regularised. She also gave some Mr. Ahmad Naveed Zafar of Islamabad instances of incumbents who have been stated in his application that his father is employed by the Agency on humanitarian working as an Assistant Director in the grounds. ADBP, Head Office, Islamabad and has A hearing was held. It was noted that served the institution for more than 23 years. there is a ban on recruitment, but the Gov- He stated that he is the eldest son and was ernment of Pakistan, Establishment Division quite normal upto 1993 when he met severe vide its O.M. No. 5/4/95-R.M. dated 18th motorcycle accident resulting in his left arm January, 1996 have in accordance with Cab- becoming absolutely weak after serious inet Decision of 8.1.1996 laid down that the fracture. He stated that after prolonged hos- widow of a deceased government employee pitalisation, he passed his Matriculation or one of his eligible children should be examination in 1995 and had made efforts provided employment in the government at with the Agency for employment as an As- the appropriate level. This facility is in the sistant under the quota of disabled persons, case of government servants only. It was or, that reserved for children of Bank’s em- observed that it will be fair and just that the ployees. His efforts not having succeeded,
CHAPTER - V: Representative Cases 101 he requested the Ombudsman office for died in July 1995. A cheque for payment of intervention. gratuity for Rs.61,011.54 was issued by The matter was taken up with the Wapda and credited to her account main- Agency which inter-alia stated that previous- tained in Habib Bank Limited (HBL), Sar- ly the Bank has provided employment to 10 godha. She alleged that her husband’s elder disabled persons under centralised recruit- brother Mr. Faheem Noor Khan also re- ment system of Phase-III against 914 abled ceived the following amounts from Wapda: persons. However, due to downsizing and i) Welfare Fund Rs.65,000 curtailing of staff in all offices and financial ii) Burial Fund Rs.18,000 institutions, the Bank has now decided to She also alleged that Mr. Faheem Noor pay Rs.2,000 against each vacant post to Khan later on, drew all amounts from her National Council for Rehabilitation of disa- accounts “after falling in league with the bled persons. bank staff fraudulently” and did not give a The Bank thus admitted not having single penny to her. She requested that Mr. fulfilled the statutory requirement of 1% Faheem Noor Khan be asked to return the quota reserved for disabled persons and is above amounts to her. paying the penalty as above for not doing so. On taking up the matter with it, HBL In his rejoinder the complainant referred to reported that the cheque dated 26.3.1996 for the Government of Pakistan, Establishment the amount of Rs.61,011.54 was received Division’s Office Memorandum No. 5/7/96- from the XEN Wapda in favour of Mst. RW.II dated 21.8.1997, which provides that Fahmida Begum and credited to her account “in order to redress the grievances of the on 10.4.1996. She issued a cheque for disabled persons, the competent authority Rs.61,000 in the name of Mr. Fahim Noor has been pleased to decide to lift the ban on Khan and the amount was paid to him. The fresh recruitment/employment of disabled statement of account for the period 4.1.1996 persons against 1% quota reserved for them to 2.9.1996 was despatched to the complain- under the Disabled Persons (Employment ant and she never pointed out any discrepan- and Rehabilitation) Ordinance, 1981 subject cy. The XEN Wapda 2nd Division Sargodha to adoption of procedure as prescribed under issued another cheque dated 28.12.1995 for the rules”. Rs.65,000 in favour of the complainant. This It was accordingly recommended that was encashed by the complainant from the the complainant should be considered for a Katchery Bazaar Branch, Sargodha. There suitable appointment in accordance with the was no transaction of Rs.18,000, being Buri- above and compliance reported within a al Fund. month. On calling her rejoinder, the complain- ant stated that she did not withdraw HABIB BANK LIMITED (HBL) Rs.61,000 and that she did not issue any cheque for Rs.65,000. As for burial fund, she Complaint No. Reg. H/18232/97 stated that this amount (Rs.18,000) was Alleged Fraudulent Drawal of Dues of deposited in her account and she believed Her Late Husband with the Collaboration that it was misappropriated by Mr. Faheem of Bank Staff Noor Khan with the collaboration of Bank’s Mst. Fahmeeda Begum residing in Staff. A hearing was held, during which also Mandi Bahauddin stated in her complaint the complainant refused to own the signa- that her husband Mr. Nadeem Noor Khan tures and the cheques for the amounts of
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Rs.61,000 and Rs.65,000. The representative issued ATM Cards to some persons who are of HBL was asked to produce opinion of known to be the friends of the Bank staff. handwriting expert about genuineness of the On calling a report from the HBL, signatures appearing on the cheques, com- Head Office, Karachi, they stated as follows: paring the same with complainant’s signa- “We have been informed by the Execu- tures on Account opening form. Representa- tive, Habib Bank Ltd. Bahrain that the tive of the Bank stated that he had learnt that matter was personally discussed with Mr. Faheem Noor Khan had deposited a sum the complainant (Mr. Muhammad Ab- of Rs.127,000 in National Savings in the dul Haneef Qureshi). After listening to name of complainant’s minor son. his inconvenience, he was explained Another hearing was held, which was the position and assured that on com- attended by Mr. Muhammad Afzal, AVP, pletion of computerisation which is un- HBL and Mr. Waqar Raza, Accounts Assis- der process at our branches in Bahrain, tant, Wapda, Office of XEN(E) 2nd Division he will be issued an ATM (Benefit) Sargodha. Representative of HBL produced Card. The report added that the com- a copy of Forensic Science Laboratory, La- plainant has shown his satisfaction over hore’s letter No. 542-FSC dated 4.2.1998 the discussion and has also withdrawn asking for the complainant’s signatures writ- his complaint. A copy of complainant’s ten in slow and fast speed and stated that the letter dated 13.6.1998 was also en- complainant had been asked to provide the dorsed with the report.” same. The required signatures were awaited. The investigation of this Secretariat Representative of Wapda produced a paper helped to alleviate the grievance of the com- from which it appeared that considering the plainant. fact that Mr. Faheem Noor Khan had pur- chased Defence Savings Certificates of STATE BANK OF PAKISTAN Rs.127,600 in the name of the complainant’s son, the dispute between them was settled. Complaint No. Reg.H/1255/98 What transpired from the position brought Delay in Releasing of Full Amount of out above was that the complaint is in fact Gratuity related to a family dispute. However, the Mr. Irshad Ahmed resident of Baha- intervention of this Secretariat was of help in walpur stated in his complaint that he was resolving the matter. employed in Radio Pakistan and retired in November 1996. He did not get full amount Complaint No. Reg. H/10045/98 of his gratuity. In this connection he wrote to Delay in Issuance of ATM Card the Accountant General Pakistan Revenues, Mr. Abdul Haneef Qureshi, working in Islamabad who asked the Manager, State Bahrain complained against Habib Bank Bank of Pakistan (SBP), Islamabad to credit Ltd. Bahrain, stating that he had applied for a sum of Rs.12,515.30 to the PBC Pension issuance of an ATM Card, the Bank prom- Fund. However, the complainant had not ised to issue the same within 3 weeks, but received the full amount of his gratuity, due even after several months the card has not to which he had requested for intervention. been issued. He further stated that the Banks The matter was taken up with SBP in Bahrain, including the UBL Pakistan issue which intimated on 13.3.1998 that the Gov- an ATM Card normally within 10/12 days of ernment’s authority bearing No. Pn-1/PBC- the request. He further stated that HBL has 775/96-97/1926 dated 18.6.1997 for pay-
CHAPTER - V: Representative Cases 103 ment of Rs.12,515.30 was received by them with US$ 324.74 on 4.11.1996 with Chase on 20.6.1997 and payment of the same was New York. They referred the matter to their made on 25.6.1997 per contra credit of Na- FE Recon Deptt., and after tracing the credit tional Bank of Pakistan, Main Branch, Is- and on basis of Commerzbank tested TLX lamabad for onward credit to PBC Central- dated 8.1.1998, remitted funds to their Civil ised Account No.201 PBC Pension Fund Lines Branch, Jhelum vide their FMT 3/2 for maintained with their Foreign Affairs Brach. Rs.14,257 which stood credited to benefi- National Bank of Pakistan, Main Branch, ciary’s account on 20.1.1998. Islamabad has also confirmed vide their However, the complainant insisted on letter dated 9th March, 1998 that the above payment of profit for the period during amount was transferred to National Bank of which the amount remained with the UBL. Pakistan, Ministry of Foreign Affairs They held that they were not at fault for Branch, Islamabad on 30.6.1997 for credit to delay in payment. What appeared was that the above mentioned account. US$ 324.74 were credited to UBL’s account A copy of SBP’s above mentioned on 4.11.1996. It was UBL’s responsibility to letter was sent to the complainant for infor- credit the amount to complainant’s wife’s mation and necessary action. He informed account immediately thereafter. However, that he has received the cheque of Rs.20,335 the credit was afforded to her account as late dated 2.4.1998 from the PBC, Headquarters, as 20.1.1998. Although payment was made Islamabad for the amount due to him. to the complainant’s wife at exchange rate prevailing on 17.1.1998, yet the fact re- UNITED BANK LIMITED (UBL) mained that US$ 324.74 remained with the UBL and as such payment of interest at Complaint No. Reg. H/861/98 prevailing rate for foreign currency account Delay in One Year in Payment of 334.62 appeared due to the complainant. Therefore, US Dollars to His Wife it was recommended that the President, UBL Malik Muhammad Siddique presently should look into this case to afford due cred- working in the People’s Republic of China it to the complainant. stated in his complaint that he remitted US$ 334.62 in September, 1996 from China, for Complaint No. Reg. H/1333/98 credit to his wife’s Account No. 6945 main- Non-payment of Rs.71,865 of His tained in the United Bank Limited (UBL), Deceased Father Despite Provision of Civil Lines Branch, Jhelum. This amount Succession Certificate was not credited to his wife’s account. He Mr. Muhammad Yasin Khan of Islama- took up the matter with the UBL, but there bad stated in his complaint that his father was no response. He requested for interven- expired on 18.5.1997. He maintained his tion for redressal of his grievance. Account No. 8678 in the United Bank Lim- The matter was taken up with the UBL. ited (UBL), Dijkot Branch, Faisalabad. Bal- They informed that the matter had already ance in this account was Rs.71,865. He and been referred by TLX to Commerzbank other successors of his father obtained a Frankfurt on 30.12.1997, requesting to check Succession Certificate. The same was sub- their record and confirm whether any such mitted to the Bank for withdrawal of fund remittance was received at their end and from his father’s account, but the Bank did transmitted to them. Commerzbank Frank- not make payment on one pretext or another. furt confirmed that their A/C was credited He therefore requested for intervention.
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The matter was taken up with the UBL. equivalent to Pak Rs.13,704 was paid on They informed that payment was made to 26.5.1988 through MT to their City Branch, the beneficiary as per provisions of the Suc- Peshawar who further remitted it to their cession Certificate, by crediting his PLS Batkhela Branch for credit to beneficiary’s Account No.11837/1 maintained at their account. Vide their subsequent letter dated Dijkot Branch and that delay was caused in 30.10.1997 they intimated that the proceeds the process of seeking approval of the com- of the TT No.54188 dated 26.4.1988 were petent authority of the Bank for payment in credited to beneficiary’s account. Complain- terms of the Succession Certificate. ant, to whom copies of NBP’s letters dated The complainant was informed of this 16.10.1997 and 30.10.1997 were provided, position. In reply he, confirmed that pay- informed that he was approached by the ment has been made to him, by affording Manager NBP Batkhela Branch to receive credit to his PLS Account. The case was Rs.13,600 against US$ 800 in October, 1997 closed as having borne fruit. and the same was refused by him. He also asked for payment of US$ 800 at the ex- Complaint No. Reg. H/36/98 (Imp) in change rate of Rs.45 per dollar plus 12% Reg. H/17080/97 interest for the nine years and compensation Non-payment of Remittance of US$ 800 for the expenditure incurred and mental Mr. Mumtaz Zafar Khan of Islamabad torture suffered by him. stated in his complaint that he deposited A hearing was held, during which the US$ 800 in UBL Lebanon and Pakistan, representative of NBP accepted that the Tripoly, Lebanon on 26.4.1988 for remit- amount of US$ 800 was received by NBP, tances to his father’s PLS account in Nation- New York on 23.5.1988 and payment was al Bank of Pakistan (NBP), Batkhela made to beneficiary’s account on Branch, Malakand, NWFP. UBL sent this 27.19.1997. He expressed willingness to pay amount to NBP, 100 Wall Street, New York. profit on sum of Rs.13,704 at PLS rate of NBP Batkhela issued a certificate dated profit from May, 1988 to October, 1997. The 9.6.1996 stating that “US$ 800 has not been complainant pressed for payment of Pakistan credited to the relevant account during and Rupees equivalent to US$ 800 at current rate after 1988 neither we have received original of exchange plus profit plus compensation instrument”. NBP Head Office, Karachi on various accounts. It was evident that refused to take responsibility of US$ 800 credit was afforded to the beneficiary’s ac- and advised that no credit regarding US$ count in Pakistan Rupees equivalent to US$ 800 was outstanding in NBP, New York 800 at the rate of exchange prevailing in Branch. He requested for intervention for May, 1988 as late as October, 1997, whereas recovery of the amount of US$ 800 with this amount should have been credited as interest and requested for compensation, early as in May, 1988. The result was that equivalent to the principal amount of US$ the beneficiary could not make use of this 800. money either for investment or otherwise The matter was taken up with the UBL during the period May, 1988 onwards due to who informed that as the funds were already the fault of NBP. with the NBP, the matter was to be settled by Taking all aspects of the case in view, NBP, Karachi Office. A reference was made the President, NBP was directed to pay prof- to the NBP who vide their letter dated it on the sum of Rs.13,704, as would have 16.10.1997 informed that the said remittance been due to the beneficiary, from year to
CHAPTER - V: Representative Cases 105 year, had the amount of Rs.13,704 been had been rude in dealing with the borrowers. credited to his account in May, 1988, at the The concerned Manager gave assurance that rate of 15% per annum (from 23.5.1988 to no cause of such complaint will be given in 27.10.1997). the future. The complainant requested that she be allowed to make repayments in the SMALL BUSINESS FINANCE CORPORATION manner that is possible for her. The repay- (SBFC) ment period has not expired. The complain- Complaint No. Reg. K/1252/98 ant offered to make repayments in instal- Harassment by the Officials of Agency in ments of Rs.50,000 each on quarterly basis. Recovery of Loan of Rs.4 Lakhs Granted The Agency agreed to receive the same thus Under the Unemployed Scheme in instalments giving benefit to the com- Ms. Musharraf Jehan Pasha of Karachi plainant. The Agency also promised to take alleged oppressive and discriminatory ap- the issue of waiver of interest with the com- proach in making recovery of a loan of petent authority in view of the critical finan- Rs.400,000 granted in the name of M/s Info- cial position of the borrower and total col- tech Computer Centre in 1994. The lady lapse of her business. complainant stated that she was aggrieved by the highhandedness and inhuman behav- FOOD, AGRICULTURE AND iour of the recovery staff of the Corporation. LIVESTOCK DIVISION The complainant further stated that her busi- ness could not flourish due to disturbances Complaint No. Reg. H/8229/98 in the city. Moreover, her partner who was Request for Payment of Medical Bills co-borrower of the loan, got married and Mr. Muhammad Sharif, a Scientific abandoned the business activity. Her old Assistant in National Agriculture Research father fell ill to the extent of becoming para- Council, Islamabad stated in his complaint lysed and invalid. She stated that despite that his son was suffering from drug addic- heavy odds she managed to repay tion/narcotics and was admitted for indoor Rs.191,000 to the Corporation. treatment at Sunny Trust, Bhara Kahu, Is- On calling a report from the Agency it lamabad with the prior approval of the com- stated that a loan of Rs.400,000 was extend- petent authority. The Agency however re- ed to the borrowers on 19th of June, 1994 to fused to make payment of medical bills establish the business of a Computer Insti- amounting to Rs.33,200. The matter was tute under the Youth Investment Promotion taken up with the Agency and a hearing was Society Scheme through SBFC. The bor- held, in which the Agency’s representatives rowers were irregular in repayment of loan stated that their medical rules do not provide instalment. It was reported that at this stage facility for treatment of drug addic- an amount of Rs.180,000 is lying in default tion/narcotics and therefore, the claim of the against the outstanding balance of complainant for reimbursement of medical Rs.437,000; recovery notice stands issued on charges for the treatment of his son was not account of the default. The Agency denied admissible. The complainant produced a the allegation of misbehaviour by the recov- copy of Medical Rules of the Agency. Para-3 ery staff. of the same states that specialised medical A hearing was held, in which the re- services for some diseases which may not be spective parties clarified their positions. It available in Government hospitals but may was quite apparent that the recovery staff be available in other hospitals will be pro-
CHAPTER - V: Representative Cases 106 vided with prior permission of the competent clear the bills of medicines supplied by them authority in the Council. As the competent for dispatch to Rwanda. They stated that the authority had allowed the treatment of com- purchase order was issued by the FGSH on plainant’s son who was a drug addict at a 21.12.1995 for the supply of medicines; the special facility and issued expenditure sanc- needful was done, but the medicines re- tion for the total amount incurred on his mained dumped in a warehouse for 7 months treatment, therefore, it was recommended to after which they were returned. The com- the Agency to pay the medical charges plainant was then asked by the MFA to de- amounting to Rs.33,200 to the complainant liver this consignment to M/s International on account of treatment of his son. Moving and Trading Company (IMT) Islam- abad. After delivering the stock to IMT on Complaint No. Reg. H/5991/98 behalf of MFA a bill dated 18.7.1996 for Non-payment of Bills of Work Done Rs.76,000 was forwarded to MFA who veri- Mr. Muhammad Naseem Ibrahim, fied and duly stamped it on 5.9.1996. Ever Proprietor, M/s Ali Usman Autos, stated that since then payment had not been made to the he had done repair work of vehicles of Paki- complainant in spite of many reminders to stan Agriculture Research Council (PARC), the MFA and FGSH. Islamabad as per their work order dated 15th When the matter was taken up with the August, 1996. He submitted his claim MFA they stated it was on the recommenda- amounting to Rs.23,080 but payment of this tion of Pakistan High Commissioner in outstanding bill had not been made by the Kenya that the MFA approved donation of PARC. He sought the intervention of this medicines to the tune of US$ 5,000 in order Secretariat. to help alleviate the sufferings of the ethnic The matter was taken up with the war torn Rwanda. Ministry of Health was Agency, which failed to respond. The matter asked to arrange procurement of the same was therefore followed up with the Secre- and dispatch them in December, 1995. That tary, PARC on telephone, who was asked to Ministry directed the MS, FGSH for the settle the claim of the complainant immedi- purchase. It was in July, 1996 that the FGSH ately and submit a report to this Secretariat. was asked by the Ministry to send the medi- The Agency stated that due to financial con- cines to IMT who were to receive and straints the firm’s bills could not be settled. transport the same by PIA Cargo while the A hearing was held in the case. During the PIA authorities agreed to transport the medi- hearing, the Agency gave the undertaking cines to Nairobi at half the cost. The FGSH that the outstanding bill of the complainant informed the Ministry in November, 1996 will be paid in the next 15 days. that the medicines had been dispatched to Rwanda and the payment be made directly FOREIGN AFFAIRS DIVISION to the supplier concerned whereas the medi- cines had not been actually dispatched and Complaint No. Reg. H/4984/98 were lying with IMT Company in the sun Non-payment of Bills of Medicines and were probably no longer useable. Supplied A detailed hearing was held, conse- M/s Amin Agencies of Rawalpindi quent to which it was observed that M/s complained against the Federal Government Amin Agencies and some other suppliers Services Hospital (FGSH) and the Ministry delivered the medicines in time to IMT, the of Foreign Affairs (MFA) for their failure to representative of the MFA. The supplier
CHAPTER - V: Representative Cases 107 including the complainant were only con- fused. Claim for leave encashment could cerned with the delivery of medicines and arise only if leave was entitled, it was re- not beyond it. They are certainly not respon- quested and was refused. sible for the failure of one or the other Min- istry or their authorised agent to dispatch the HEALTH DIVISION goods from Islamabad to Rwanda. It was held that the payment has been unnecessarily PAKISTAN MEDICAL AND DENTAL delayed and stopped. It was recommended COUNCIL, ISLAMABAD that the MFA should immediately pay the sum of Rs.76,000 to the complainant along Complaint No. Reg. H/2246/97 with profit on this amount on bank rates. Discrimination in Registration of MD Compliance was to be reputed within 30 Cardiology Degree days. Dr. Saeed Ahmad Sangi, Senior Regis- trar, Cardiology, Chandka Medical College, Complaint No. Reg. H/3283/98 Larkana, felt aggrieved due to non- Non-payment of Pension Contribution registration of his MD Cardiology Degree and Leave Encashment by the Pakistan Medical and Dental Council Mr. Wajahat Ashraf Qazi of Attock City (PMDC), Islamabad. The complainant stat- stated that he had served in the Pakistan ed that he obtained a degree of Doctor of International School, Riyadh, Saudi Arabia Medicine in Cardiology from the University from 10.2.1996 to 10.2.1998 and was conse- of Sindh, in 1996 but when he applied for quently relieved on due date. He claimed registration of his degree the PMDC re- that he is entitled to receive a sum of fused to do so, even though he had present- SR 4,950 on account of gratuity and a sum ed a precedent for the registration of this of SR 16,724 on account of encashment of specialisation, i.e. the case of one Dr. Kha- leave which he did not utilise. The Pakistan lida Soomro, a fellow candidate of MD Embassy who have administrative control of Cardiology of the same department and the School refused to pay the said emolu- institution as the complainant. He sought ments. intervention. The complainant had been selected for When a report was called from the this deputation by open competition when he PMDC it stated that Liaquat Medical Col- was serving as Secretary, Board of Interme- lege, Jamshoro had started postgraduate diate and Secondary Education, Punjab, diplomas and degrees in various specialities, Lahore. On examination of the matter, it was including Cardiology, without advising the held that the School is obliged to pay pen- Council and also without recognition by the sion contribution to complainant’s parent Council. Dr. Khalida Soomro had applied for Department and it has no obligation to pay registration of her qualification of MD Car- gratuity to the complainant. The School was diology (1990 about 6 years back) awarded directed to pay the relevant pension contri- by the Sindh University, through training at bution and it accepted the liability. Griev- Liaquat Medical College, Jamshoro. The ance of the complainant was thus redressed office of the Council had presumed that according to the Rules and Regulations. As since the degree had been awarded by a far as his claim for leave encashment is legally constituted authority/University the concerned, it came out that the complainant general requirements laid down by PMDC had never applied for leave, nor, it was re- must have been fulfilled. Dr. Khalida Soom-
CHAPTER - V: Representative Cases 108 ro’s qualification was therefore registered, sib.” but de-registration of her MD Cardiology by The Agency was of the view that it the Council would now be initiated. In 1992, could not review a matter which is sub- the Council learnt that MD Cardiology and judice as above. The complainant was satis- other similar qualifications were being fied with the promise made by the Agency awarded by the University of Sindh through and requested for withdrawal of his case, training at Liaquat Medical College, Jams- stating as follows: horo and these were not recognised by the “Sir, I am extremely thankful for cour- Council. The Council conducted inspection teous behaviour of all your staff and of Liaquat Medical College Jamshoro on cannot find the words for the hard work 24.6.1993 and noted that the facilities for and painstaking investigation done by training of MD degree in Cardiology were your office which made all this possi- not upto the required standard for the award ble.” of MD degree. The Council, therefore, de- In view of the above commitment of cided not to recognise University of Sindh the Agency and satisfaction expressed by the MD degree in Cardiology. Since then the complainant the case was treated to be dis- College apparently had not im- posed of, with relief. proved/rectified the deficiencies pointed out in the inspection report. The Agency’s report HOUSING & WORKS DIVISION concluded that the qualification of MD Car- diology of Dr. Saeed Ahmad Sangi Registra- tion No. 1247-S was not thus a recognised ESTATE OFFICE qualification (when he had applied for regis- Complaint No. Reg.H/20653/97 tration in January, 1997). Unjust Cancellation of Allotment of Extensive correspondence was under- Quarter Allotted in Relaxation of Rules taken by this Secretariat with the Agency as Mst. Nasreen Siddiqui, UDC, Ministry well as University of Sindh, Liaquat Medical of Women Development, Social Welfare and College, Jamshoro, Sindh and the complain- Special Education complained against unjust ant. The same proved inconclusive. A hear- cancellation of allotment of Quarter by the ing was held which was attended by the Estate Office. She stated that after many complainant and representative of PMDC. efforts her case was considered by the Out- The latter furnished a written report stating of-Turn Allotment Committee (OATC) of as follows: the Ministry of Housing and Works and she “It is submitted that Dr. Saeed Ahmad was consequently allotted on 2.10.1996 Sangi has given an application to this Quarter No. 76/15-B, G-9/2, Islamabad, Council for reconsideration of his case subject to vacation. She stated that during on individual merit. His case will be the Caretaker Government the allotment was placed before the Recognition Commit- withdrawn on 5.12.1996 without assigning tee/Council for consideration sympa- any reason. She prayed that the original thetically and favourably on the basis allotment be restored, or, an alternate ac- of the new facts mentioned in his ap- commodation of her entitlement be allotted plication. His case will be taken up for to her. consideration only on the withdrawal On taking up the matter with the Agen- of the case filed by him in judicial fora, cy it reported that allotment including that of including Honourable Wafaqi Mohta- the complainant were cancelled as per deci-
CHAPTER - V: Representative Cases 109 sion of the Caretaker Government. The tion, consequently the allotment of the said complainant in her rejoinder protested about quarter in the name of the complainant was this plea of the Agency, stating that the al- cancelled and 14 days ejectment notice was lotment to her was issued due to intervention issued. After expiry of the notice period the of the Prime Minister’s Secretariat and after quarter was got vacated and possession was placing of her case before the OTAC and handed over to the new allottee. approval by it. She also alleged discrimina- The parties were heard in person and tion with her as according to her, in case of record was examined. It transpired that the various other allottees such action had not so-called spot enquiry conducted by the been taken. During the hearing the Agency Estate Office was not based on facts. The was asked about actual status of the afore- Agency’s file showed noting to the effect mentioned quarter. Reply of the Agency was that the quarter was visited and it was found evasive. The complainant was asked to indi- locked. This confirms the complainant’s plea cate some other vacant quarter of her enti- that he was away to Karachi and the quarter tlement. On her indication it was recom- was locked. Representative of Estate Office mended that Quarter No. 69/3-C, G-10/3, could not justify the action whereby they Islamabad, should be allotted to her in order cancelled the allotment by showing the quar- to undo the injustice done by the Agency. It ter as sublet. The Agency was directed to was also recommended that unauthorised compensate the complainant for the wrong occupant, if any, be ejected forthwith and done to him, by allotting another quarter of compliance be reported within a month. his entitlement. Compliance was desired to be reported within 60 days. Complaint No. Reg. H/1820/98 Unjust and Illegal Ejectment From Complaint No. Reg. H/25772/97 Allotted House Failure to Deliver Possession of Allotted Mr. Younas Ali Khan, Stenographer, Quarter Secretariat Training Institute, Islamabad Mr. Hamid Ali, Lower Division Clerk, stated that he was allotted Quarter No. 51/1- working in the Ministry of Health stated that Cat. V, I-9/4, Islamabad on subject to com- he was allotted Quarter No. 75-B, G-6/1-4, pletion basis. He occupied the quarter and Islamabad on the basis of his seniority on the proceeded to Karachi in connection with his General Waiting List. He stated that the own marriage and when he came back with quarter is occupied and there appear to be no his family he received an ejectment notice. signs of vacation of the same. He requested He approached the Joint Secretary Works that he be allotted some other quarter in lieu Division and the Estate Officer immediately of the said quarter. and explained the actual position, but during On calling a report, the Agency stated his absence the quarter was got vacated by that the quarter in question stood allotted to force. He again approached the Joint Secre- one Mr. Muqarrab Khan, a police official, tary Works Division, but with no fruitful since 22.3.1988 and that allotment from his results and therefore he requested for inter- name was cancelled w.e.f. 24.5.1997, as per vention. general order of the Government. After en- The Agency in its report stated that quiry, it was learnt that the ex-allottee had spot enquiry indicated that the quarter was died and his widow who was living in the found to be sublet, two Show Cause Notices quarter had obtained a Court Order for not were issued on the allottee to clear the posi- being disturbed.
CHAPTER - V: Representative Cases 110
Parties were heard. The Agency’s rep- Complaint No. Reg. H/25792/97 resentative promised that some other quarter Delay in Payment of Rent of Hired House will be allotted to the complainant. On this, Mr. Muhammad Younas, a Section the complainant pointed out that quarter No. Officer in the President’s Secretariat (Public) 23/11 Cat. V, I-9/4, Islamabad was expected stated that he got his house in Bani Gala to fall vacant, which may be allotted to him. hired for himself in 1987 and that in June Agency’s representative had no objection to 1997 he requested the Works Division to de- it. It was therefore directed that the com- hire the said house. At the same time he plainant be allotted the said quarter, on sub- asked for hiring of another house located in ject to vacation basis and compliance be I-8/4. Since the Estate Office delayed hiring reported within 30 days. of the house in I-8/4 he went back to the Works Division requesting for cancelling Complaint No. Reg. H/12726/98 their previous orders for de-hiring of his Request for De-hiring of House Bani Gala residence. The Works Division Mrs. Nuzhat Akbar of Rawalpindi, a accordingly cancelled their letter and also widow, stated that her house hired by the Es- sanctioned him advance rent for the same tate Office for a period of 3 years. She sent an but the Estate Office was not making pay- application to the Estate Office not to extend ment on the pretext that a house once de- the agreement beyond 3 years, as she required hired cannot be rehired as per current policy. the house for her self-occupation, but the Es- The parties were heard in person and tate Office instead of de-hiring the house ex- record examined. It transpired that after tended the lease unilaterally for one year. getting de-hiring orders of his Bani Gala During investigation and personal hear- house the complainant changed his mind and ing with the parties it transpired that the went back to the Works Division and got the Estate Office extended the lease for one year de-hiring letter cancelled. It was observed unilaterally taking cover of Clause-3 of the that actual de-hiring never took place since lease agreement. They, however, did not the de-hiring orders were to be followed by observe the provisions of Clause-3, which formal handing over through the Enquiry required them to give one month’s notice to Office after verification of the inventory etc. the lesser for such termination. During hear- Thus, the plea of the Estate Office that the ing, the present occupant of the house who house cannot be rehired does not hold too had submitted an appeal for being al- ground. Accordingly, the Estate Office was lowed to retain the house for one year also directed to release payment on account of appeared and by consent of the owner it was rent which had been duly sanctioned by the agreed by all the three parties, i.e. the Estate Works Division. Office, owner of the house and the occupant that the present occupant will be allowed to Complaint No. Reg. H/7944/98 remain in the house for three more months, Failure to Give Possession of Allotted after which he will vacate the house and Quarter hand over the possession to the owner; the Syed Anwar Iqbal, working in the Pak Estate Office in the meantime will arrange PWD Islamabad stated that he was allotted some other hired house for the present occu- Quarter No. 6/6-C, Gali No.5, G-7/2, Islam- pant. abad in July, 1997 in exchange of his present Quarter No.6/14 Cat.V, G-8/4, Islamabad, on subject to vacation basis, but possession of
CHAPTER - V: Representative Cases 111 the quarter was not being given to him de- Complaint No. Reg. H/2666/98 spite his repeated requests. He requested that Delay in Increase of Rent as Per Rules either possession of the allotted quarter be and Also Misbehaviour Committed by given to him, or, he be allotted any other ‘C’ Dealing Assistant type quarter in one of the main sectors. Mr. Shahzad Saleem of Islamabad On taking up the matter with the Agen- stated that the lease agreement of his house cy, it reported that although the exchange by the Estate Office, Rawalpindi expired on was allowed, ultimately the other quarter 31.12.1997. He approached the said Office was not available for some reason. The for the renewal of the agreement and en- Agency submitted that the complainant may hancement of rent, but no action was taken point out any other quarter for exchange, by the concerned functionaries of the Office. which will be considered. Accordingly, the He alleged that concerned Assistant had Estate Officer was directed to allot some deliberately delayed his case for ulterior other ‘C’ type quarter in exchange for com- motives. He approached the Joint Estate plainant’s present accommodation, as al- Officer personally, but no action was taken. ready approved by the Agency. The Agency in their report submitted that case of the complainant was referred to Complaint No. Reg. H/19668/97 the Works Division for enhancement of rent Non-Allotment of Govt. Accommodation with effect from 1.1.1998, on expiry of the Even After 16 Years of Service lease agreement. The Works Division ac- Syed Ikhlaq Hussain Shah, an Inquiry corded sanction, increasing the rent from Clerk of Pak PWD, Islamabad stated that Rs.2,450 to Rs.3,720 p.m., which was paid even after 16 years of service with the Gov- to the landlord. The Agency further submit- ernment he had not been able to get Gov- ted that explanation of the dealing Assistant ernment accommodation, although many was called for and also admitted that initial Ministers and Parliamentary Secretaries had reply regretting enhancement of rent was recommended his case. The complainant issued due to some misunderstanding. The requested that he be helped in getting Gov- complainant subsequently acknowledged the ernment accommodation. redressal of his grievance with regard to the Report was called from the Agency and enhancement of rent. a hearing was held. It transpired that the The concerned staff of the Estate Of- official did not apply for a quarter according fice, Rawalpindi was found guilty of mal- to the prescribed procedure. Had he applied administration for not processing the case of in that manner, his name would have been the complainant properly and in time. It was ripe by now to get a house. Keeping in view recommended that the Agency should con- his circumstances and discussion with the duct a proper inquiry against the concerned representative of the Agency, it was agreed officials and take disciplinary action against that the applicant may apply for out of turn them. allotment and the Agency will submit his case to the Out of Turn Allotment Commit- PAK. P.W.D. tee (OTAC). The Estate Office representa- Complaint No. H/17012/97 tive promised to process his case in time, so Delay in Payment of Bill that it comes up before the next meeting of Mst. Asghari Shaheen, widow of Mr. the Committee. Azeem-ud-Din complained about delay in payment of bills relating to the work done by
CHAPTER - V: Representative Cases 112 her late husband as a contractor for the Pak. ernment payment has to be made out of PWD. The work related to construction of funds meant for the specific work. The rele- four Secretary’s Bungalows in F-8/1, Islam- vant payment pertained to non-budgeted abad. The bills had not been passed during work and, therefore, if payment is made the life time of the deceased in spite of ef- from any other source then the cheques are forts. He has left five grown up daughters likely to be dishonoured. The department’s and there is no other source of income for representative stated that no other funds are the family. available, but they would like to concentrate In its report, the Agency had stated that all efforts to get this case finalised within completion of construction work had been minimum time. delayed and the material used for construc- The complainant agreed to defer com- tion were found below specifications and pliance of Findings for 4 weeks to enable the quality. The Pak. PWD could not make department to get the case finalised. Howev- payments in 1996/97 due to financial con- er, it was viewed that 4 weeks time is a very straints and also a penalty amounting to long time and in view of the fact that a wid- Rs.433,920 was leveied. Later on the com- ow with large liabilities is suffering, the petent authority waived of the penalty, ex- following actions were agreed to:- cept a token penalty of Rs.1,000. The com- (a) The widow will be paid security plainant had been paid Rs.3 lakh through a amount of Rs.23,900 approxi- cheque dated 8.9.1997 on account of release mately, after ascertaining the ex- of security deposits. This was done simply act position, immediately. on humanitarian grounds. For payment of (b) Progress of movement of file will the final bill, case for re-appropriation of be intimated by the department by funds amounting to Rs.445,170 had been calling on me on weekly basis, i.e. initiated and it was promised that payment on every Wednesday. due to the contractor will be made on receipt (c) Payment will in any case be made of the requisite funds. before the expiry of 4 weeks and Out of the above amount, the amount no more extension will be grant- payable to the complainant comes to about ed. Rs.290,852 as determined from the Meas- It was also agreed that above actions urement Book. As per Findings dated will be taken without waiting for written 27.5.1998 it was recommended that the proceedings, which may take some time to Agency should make arrangements for pay- issue. ment of the pending bills as well as the secu- rity deposits to the complainant immediately. INDUSTRIES AND PRODUCTION As the matter was delayed, a hearing DIVISION was held. Representatives of Pak. PWD stated that they have moved a case for re- Complaint No. Reg. H/12626/98 appropriation of the amount for payment to Delay in Delivery of Vehicle or Refund of the complainant and the file was being Amount moved from hand to hand. Planning and Mr. Sabir Hussain of Chak No.95/W, Development Division, Finance Division Tehsil and District Vehari complained that and the Ministry of Works were involved. he booked a vehicle on 19.3.1993 by depos- During discussion, it was also indicated that iting an amount of Rs.36,500 in the Bank, according to the current policy of the Gov- but neither the vehicle had been delivered,
CHAPTER - V: Representative Cases 113 nor, the amount had been refunded to him. future the complainant should be accommo- He requested for intervention, as such a long dated first. time had lapsed. On taking up the matter with the Agen- cy, it reported that Sindh Engineering (Pvt.) INFORMATION AND MEDIA Ltd. had dispatched the relevant file of the DEVELOPMENT DIVISION complainant to their Area Office, Lahore PAKISTAN BROADCASTING CORPORATION with the directions to refund the amount, as (PBC) the booking was effected through the said area office. It was intimated that the com- Complaint No. Reg. H/11238/98 plainant had also been advised to collect the Delay in Payment of Service Dues cheque from the Lahore Office. Mr. Muhammad Ameer Khan, present- In this manner, a matter outstanding for ly residing in Karachi had worked as a Clerk such a long time as 5 years was resolved and in the Pakistan Broadcasting Corporation the complainant got the refund. (PBC) and had taken a premature retirement. He stated that he has five daughters and five Complaint No. Reg. H/5784/98 sons, none of whom is employed. He stated Failure to Accede to His Request for that in order to marry his daughter he had Appointment Under Disabled Persons’ pinned hopes that pension commutation will Quota be paid to him, but the same had been re- Mr. Mujahid Hussain Jokhio of Larka- fused by the Agency. In a subsequent letter, na brought his grievances to the notice of he stated that his elder sister is suffering this Secretariat, stating that he had submitted from cancer and he has also to incur expens- a petition for employment under the 1% es due to her illness. He mentioned a case of quota reserved under the Disabled Persons two other persons and alleged that they had (Employment and Rehabilitation) Ordi- been promptly paid the dues, while his case nance, 1981. His application had been for- was delayed. warded to the Pakistan Steel by the Women On taking up the matter with the Agen- Development, Social Welfare and Special cy, it intimated that it had paid the pension Education Division as well as by the Presi- dues to the complainant vide cheque dated dent’s Secretariat (Public). 1.3.1998 and a payment towards commuta- In its report, Pakistan Steel intimated as tion, amounting to Rs.212,422.44 was also they had intimated the aforementioned Divi- made vide cheque dated 11.7.1998. sion also, that they had already given excess Keeping in view the problem intimated employment to disabled persons against the by the complainant regarding marriage of his 1% quota fixed for them and that there was o daughter, the Agency, as a special case made room for further appointment. Pakistan Steel part payment of the remaining dues of the further informed that the total strength of complainant by a cheque dated 15.6.1998 for employees working in it is 21,134; 1% quota Rs. 1 lakh. for disabled persons thus works out to 211, The Agency explained that due to fi- whereas 255 disabled employees are work- nancial stringency it is paying the dues of ing in Pakistan Steel against that quota. The the retired employees correctly in turn and position stated was appreciated, but at the the two persons mentioned by the complain- same time the Agency was advised that if ant had retired earlier than him. The com- and when any vacancy occurs and is filled in plainant also stated that he has spent
CHAPTER - V: Representative Cases 114
Rs.15,000 on his travel from Karachi to an application for the correction of his caste on Islamabad for the purpose of getting com- the grounds that in the revenue record his caste mutation and he wanted to be compensated is mentioned as ‘Teli’ but actually it is Mughal for that in the form of penal interest. How- Goria. The report added that in the light of ever, the Agency stated that they do not have copy of Mutation No. 2670 dated 30.1.1994 any provision in the Federal Government produced by the complainant the caste of the pension rules to pay any penal interest. applicant in the revenue record of Village The case was closed, expressing all the Bhimber Tarar has now been corrected from sympathy with the complainant. Observing at ‘Teli’ to Mughal Goria. Grievance of the com- the same time that the financial difficulties of plainant was thus redressed with the interven- the Agency are also there. It was recom- tion of this Secretariat. mended that the complainant should be paid all the remaining dues on account of his pen- Complaint No. Reg. H/24898/96 sion commutation in view of his special cir- Delay in Grant of Ownership Rights cumstances within next one month. Mr. Ghulam Yasin Awan and 9 other complainants stated that each one of them had made the full payment of Rs.25,000 to INTERIOR DIVISION the authorities of Islamabad Capital Territory on account of nucleus houses allotted to ISLAMABAD CAPITAL TERRITORY (ICT) them but they were not being given owner- Complaint No. Reg. H/25301/97 ship rights. They stated that during the time Failure to Correct Case in Revenue of late Mr. Muhammad Khan Junejo, the Record then Prime Minister of Pakistan the Federal Mr. Abdul Razzaq caste Mughal Goria, Government had launched a scheme for the resident of Bhimbar Tarar, District Islama- shelterless people in Golra Sehan, Humak, bad complained against the Revenue De- Islamabad. According to this scheme the partment, ICT, Islamabad against the erro- National Housing Authority was to construct neous entry in respect of the caste in the nucleus houses for the shelterless. Each revenue record in respect of his agricultural allottee/beneficiary was to pay Rs.5,000 as land. He stated that his actual Caste is down payment and remaining Rs.20,000 in Mughal Goria while the entry made in the 40 six monthly instalments. They further revenue record is ‘Teli’. He had requested stated that they had made full payment in the Deputy Commissioner, ICT, Islamabad lumpsum instead of through instalments and for rectification of record in November, they had been given possession of houses on 1996, but no action had been taken. He 24.3.1990, but they were not being given therefore sought help of this Secretariat. ownership rights by transfer of property in The matter was referred to the Chief their names. Despite all efforts and numer- Commissioner, ICT, Islamabad and a hearing ous reminders to Chief Commissioner, ICT, was held. The complainant did not attend Islamabad they were not getting any favour- despite information. The Agency’s representa- able reply, hence they approached this Sec- tive furnished a copy of a report, which it retariat for intervention. claimed, had been dispatched earlier. The On taking up with the Agency, it stated report stated that Abdul Razzaq s/o Mardan that the matter has been taken up with the Ali, Caste Mughal Goria resident of Bhimber Punjab Government for advice regarding Tarar, Tehsil and District Islamabad submitted procedure/formalities to be adopted. The
CHAPTER - V: Representative Cases 115 administrative approval was required to be pension had been granted to her. She stated accorded by the Chief Administrator who is that she has only been paid a Benevolent the Provincial Government in respect of Fund grant of Rs.510 per month, she has ICT. The National Housing Authority had minor children and is unable to feed her conveyed its no objection to the trans- family with such a meagre grant. fer/allotment in case lumpsum payment was On calling a report from the Inspector made by the beneficiaries. General, Capital Territory Police, Islamabad In order to understand Government’s it was reported that complainant’s husband, viewpoint a hearing was held. During the Mr. Muhammad Nawaz No. 730 was enlist- same, the Agency’s representative was spe- ed in Islamabad Police on 10.7.1984 and cifically asked to state his objection to the died on 27.6.1993. Thus his total service request of the complainants for transferring comes to 8 years 11 months and 17 days ownership rights and if the Government was which does not call for pension due to the likely to suffer any loss in case of ac- reason that it is less than 10 years. The ceptance of request of complainants. The Agency informed that however, the follow- Agency’s representative stated that they had ing payments have been made to the com- asked the Provincial Government if there plainant: was any precedent/decision which could be i) Service Gratuity Rs.19,905 followed by them also but Provincial Gov- ii) B. Fund grant Rs.510 p.m. ernment has stated that they had received no iii) Group Insurance Rs.44,000 request on these lines. Regarding the second iv) G. P. Fund Rs.7,592 part of the question he stated that there was The complainant in her rejoinder reit- no question of any loss to the Government as erated her earlier stand and requested for the the related loan was non-interest bearing. grant of some financial assistance. The Is- In the light of the above and in view of lamabad Police Department took up the the fact that immediate transfer of ownership matter with the Benevolent Fund Organisa- rights to the complainants would not cause tion, on which they reported that entitlement any damage to the Government interest or of the complainant is only for the grant of the Project itself which has since been called Rs.510 per month, which is being paid to the off, it was recommended that ownership widow. As a result of the intervention of this rights of the houses be transferred to the Secretariat, the Capital Territory Police allottees/beneficiaries immediately after granted a stipend of Rs.500 per month to the ensuring that they have made full payment widow out of their Welfare Fund, as a spe- of the due amount of Rs.25,000 to the Gov- cial case. This gesture of the Capital Territo- ernment. Compliance was desired to be ry Police was appreciated and it was directed reported within 30 days. that commencement of the stipend should start within the shortest possible time. A ISLAMABAD CAPITAL TERRITORY POLICE period of 30 days was given for this purpose. Complaint No. Reg. H/11467/97 Widow Complainant Granted Stipend Complaint No. Reg. H/700/98 from Welfare Fund Delay in Reimbursement of Medical Bill Mst. Nasreen Akhtar presently residing A lady complainant presently residing in Tehisl Pasroor District Sialkot stated that in Wah Cantt, District Rawalpindi stated that her husband had died on 27.6.1993 while she had incurred an expenditure of serving in Islamabad Police and no family Rs.12,735 on account of indoor hospitalisa-
CHAPTER - V: Representative Cases 116 tion and delivery charges, but when her through Ministry of Health. And finally husband applied for reimbursement of the the sanction will also be got endorsed claim of his employer department, viz. Is- from Finance Division.” lamabad Police it refused to oblige. She It was recommended that the claim of stated that she had to get admitted in POF’s the complainant be considered favourably hospital in emergency and gave birth to a under the Rules, as and when it is resubmit- child. ted by the husband of the complainant. On calling a report from the Agency, it stated that Government servants working in Complaint No. Reg. H/19700/97 B-1 to B-15 are granted monthly medical Inaction in Registration of FIR by allowance on prescribed rate; they are enti- Islamabad Police tled to get reimbursement of medical ex- Mst. Hameeda Begum of Baharakahu penditure incurred by them on account of complained of illegal possession and sale of indoor treatment through a Government her property by her brother. She stated that Hospital. However, the Ministry of Health the matter had been reported to the local have deleted the military hospitals including police but no action was taken. She request- the POF’s hospital from entitlement in this ed that the Police authorities be directed to case. The Agency stated that the complain- register an FIR against the people who oc- ant who is the wife of Constable No. 1922 cupied her property forcibly. had submitted a simple application along On referring the complaint to the In- with vouchers etc. and she was advised to spector General of Police, ICT, Islamabad prepare her case properly on Proforma I and for comments it was reported that Mr. Ah- II and get it signed from the concerned Hos- mad Habib who is brother of the complain- pital for processing the matter in an emer- ant had sold away the ancestral house thus gent situation like this one. The Agency depriving her of her legal rights. An inquiry stated that neither the complainant nor her was held by local police. Accused party as husband submitted such a proper claim. The well as the complainant were called to ascer- matter was examined in the light of “Proce- tain facts. Mr. Amjad Habib and the com- dure for Reimbursement of Expenditure plainant came to the Police Station Bahara- incurred on medical treatment of Govern- kahu. They requested for 3 days time so that ment Servants”. Rule 3 (2) of the same pro- the dispute could be resolved privately vides as follows: through arbitration of Malik Yaqoob (Ex- “In addition to above if any patient has Chairman, Union Council, Baharakahu). The to get medical treatment from any un- request was acceded to, but thereafter the authorised/private hospital/Clinic in complainant did not submit any application emergency, he is required to produce or objection. emergency certificate from the treating The complainant, in her rejoinder on doctor about nature of disease and the basis of the report of the Agency in- treatment given and get Proforma-I formed that no compromise was reached and countersigned from the nearest author- the position was communicated to SSP, ised medical attendant. Then the office Islamabad who referred this matter to the will have to get the approval of head of DSP Secretariat for inquiry and report within department to consider the case in re- 7 days, but no action had been taken. The laxation of rules and then refer it to Fi- matter was referred again to the Agency. In nance Division for their concurrence its consequent report it intimated that “as per
CHAPTER - V: Representative Cases 117 report of Police Station, Baharakahu, Islam- cy was considered to be highly unsatisfacto- abad, there is a dispute over demarcation of ry. It was observed that how it was possible land, between the parties who happen to be that two constables were present at a certain brother and sister. The case is of civil nature, place without the knowledge of their superi- therefore, local Police cannot interfere”. ors and even the duty roaster is silent on the It was thus concluded that the com- point as to who was on duty at the place of plainant relates to a dispute regarding prop- incident. It was observed that whether the erty between the complainant and her broth- offenders were “known police constables” or er; the matter suited to the jurisdiction of a not, one fact is clear and that the Police has Civil Court, is not a pertinent one for the failed to trace the culprits despite a timely Ombudsman. It was observed that Civil information. This negligent and callous Court is the proper forum for redressal of attitude of the Police has resulted in denial grievance in this case. of justice to a law abiding citizen who was subjected to foul language on the roadside Complaint No. Reg. H/2306/98 and felt physically threatened. It was ob- Misbehaviour of Armed Police Constable served that the Police has thus failed to pro- Mr. Riaz A. Khan living in Islamabad tect the dignity of a citizen. It was therefore and working in Rawalpindi stated that on recommended that Inspector General Police 24.6.1997 morning he was going to his of- should probe in the matter thoroughly and fice and when he reached near MCB at I&T efficiently and take suitable action against Road behind PTC main building he was the delinquents. Compliance report was stopped by two Armed Police Constables. desired within 30 days. They asked him in a very rude manner to show car documents. On his pointing out REGISTRATION DIRECTORATE that they (Constables) were not authorised to Complaint No. Reg. H/9553/98 check papers/documents, the Constables Delay in Finalisation of Benevolent Fund used foul/uncalled for language and tried to Case open the car door. The complainant fled the Mr. Sher Ali, a retired Official of Dis- scene for fear of being insulted by the Con- trict Registration Office Kalat lodged com- stables and immediately reported the matter plaint that he was retired from service on to ASI, Mr. Michael Gill and Sergeant Sadiq. 30.9.1996 due to weakness of eyesight. The The ASI assured the complainant that as Agency submitted incomplete documents of soon s he gets some free moments, he would his case to the Assistant Director, Federal visit the area and take action. The complain- Employees Benevolent Fund and Group ant contended that about six months have Insurance, Karachi, which raised objections elapsed but no action has been taken against five times, but the same were not removed the defaulters so far despite his numerous by the Agency. Thus the case was still pend- requests to higher authorities. ing. The Director General of Registration When a report was called from the was stressed upon to deal with the case care- Agency it contended that two unknown fully and attentively and at last the Assistant Constables who misbehaved with the com- Director, Federal Employees Benevolent plainant could not be traced out. The Agency Fund and Group Insurance Fund finalised stated that in this regard duty roaster dated the case and payment of the Benevolent 24.6.1997 of Police Station Margalla was Fund amount was made to the complainant also checked. This explanation of the Agen- as a result of intervention of this Secretariat.
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Complaint No. Reg. H/742/97 him. The complainant stated that he was Delay in Issuance of N. I. Card ready to render all help and assistance ex- Mr. Yasar of Rawalpindi stated that he cept that he could not give any information was brought up by a person named, Noor in respect of his parents or any blood rela- Muhammad. He did not know the name of tions or place of his birth or early childhood his parents nor place of birth in Pakistan. On as he did not know anything about these reaching the age of 32 years he applied for details. Mr. Noor Muhammad, his benefactor the issuance of N. I. Card to him, but on one who had brought him up at Gujranwala had pretext or other he was denied this basic died sometime back. However, Mr. Noor facility. Muhammad’s other colleagues appeared as On a reference from this Secretariat, witnesses and endorsed the plea of the com- Agency took the plea that the complainant plainant. Investigations were held by this had failed to produce/attach any document Secretariat in the field through its own staff. which could help the DRO, Rawalpindi to It transpired that Mr. Yasar did live in Guj- issue a computerised identity card to him. ranwala during his early boyhood and Report added that as per standing instruc- worked in the workshop of Mr. Noor Mu- tions of Directorate General of Registration hammad along with others. About ten (10) fresh applicants of urban areas are required years back he shifted to Rawalpindi. Here he to produce Domicile Certificate or Citizen- has a workshop of his own, he lives in the ship Certificate. Keeping in view the peculi- first floor of his workshop premises which ar situation of the case, it was recommended are rented. He has employed three workmen. in Findings dated 30.6.1997 to issue to the Pays them handsomely. Produces spare parts complainant an N. I. Card on Police verifica- of automobiles. Enjoys good reputation. Is tion as is done for issue of passports. well to do. Instead of implementing the recom- All this led to the conclusion that Mr. mendations, Agency preferred to file Review Yasar was a genuine citizen of Pakistan but Petition stating that N. I. Card cannot be it was not enough to satisfy the law to issued to a person in the absence of Citizen- acknowledge his right of registration. He ship/Domicile/Inheritance/Educational or was fighting for his right to be recognised as Birth Certificates. Production of at least one a genuine citizen of his country. As a last document was legally essential. The Agency resort Deputy Commissioner, Rawalpindi stated that the complainant has failed to was asked to satisfy himself regarding the produce anyone of these documents, there- true credentials of the complainant. District fore, N. I. Card cannot be issued to him on Administration was directed to carry out an the basis of Police verification only. Inquiry, which confirmed the above find- The parties were called up and the case ings. Additional Deputy Commissioner, was discussed to find a way out to provide Rawalpindi verified the details thus collect- relief to the complainant. The Agency was ed. Mr. Muhammad Shafiq, Director, Re- represented by its senior officers. The com- gional Registration Office, AK&NA, Islam- plainant was also accompanied by his abad. Mr. Khalid Jehangir Registrar, DRO, friends and sympathisers. The Departmental Rawalpindi promised some valuable assis- officers insisted that for a meaningful out- tance and took personal interest. Their posi- come it was important that the complainant tive attitude and approach is commendable. co-operates with the Department for grant of Finally, the District Administration certified his legitimate rights as being demanded by his credentials and a National Identity Card
CHAPTER - V: Representative Cases 119 was issued to the complainant. tion of the mistake, but the Registration Office had not taken action and that is why Complaint No. Reg. H/5242/98 he had requested for intervention of this Delay in Issuance of National Identity Secretariat. Card On a reference by this Secretariat, it The complainant, Mr. Muhammad was reported by the Directorate General of Sajid Abbasi resident of Near Baz Khan Registration, Islamabad on 17.10.1998 that: Shaheed Road, Tehsil Murree, District Ra- “It has been reported by the concerned walpindi had stated in his complaint that he office that the grievance of the com- had submitted his wife’s National Identity plainant have been redressed and Na- Card Form to the Registration Office, Mur- tional Identity Card with correct name ree on 21.2.1998 and was asked to collect has been issued in favour of the com- the Identity Card on 8.3.1998. When he plainant and Mr. Noor Zaman s/o Mu- visited the Agency’s Office to collect the hammad Ramzan (complainant) has Identity Card, the Form was returned to him collected his Identity Card.” with the objection that against the Number A hand-written statement of the com- 215-00-216648 allotted to his wife in form plainant was also enclosed with the report, in ‘B’, someone else namely Azmatullah s/o which he had confirmed that the correction Abdul Aziz had been issued National Identi- in his I. D. Card has been made. It was a ty Card. He further stated that the ticket for matter of satisfaction that the grievance of Rs.5 pasted on the form had been removed the complainant was redressed within one by the Agency’s officials. The complainant month of the intervention of this Secretariat. alleged that this act of the Agency was a The case thus stood disposed of, having fraud and he sought intervention of this borne fruit. Secretariat for issuance of Identity Card to his wife. KASHMIR AFFAIRS AND NORTHERN The matter was taken up with the AREAS AND STATES AND FRONTIER Agency, which informed that the complain- REGIONS DIVISION ant was contacted through one of their offi- cials who handed over the Identity Card of Complaint No. Reg. H/16082/97 his wife to him. The Agency also submitted Failure to Absorb Him in Education a receipt duly signed by the complainant Department. Also Alleged Discrimination confirming the receipt of Identity Card. Syed Muhammad Toaha, belonging to underdeveloped area in District Skardu, Complaint No. Reg. H/7057/98 Northern Areas stated that he was working Inaction for Issuance of N. I. Card with as Literacy Inspector (BPS-16) under the Correct Name Nai Roshani Programme. Since the winding Mr. Noor Zaman from District Khush- up of the programme, he had tried his level ab complained of inaction in issuance of N. best to get employment, but with no result. I. Card with correct name. He had applied In March, 1997 the Directorate of Education for the issuance of his N. I. Card which had Northern Areas requested Secretary Educa- been issued with the wrong name of Nawaz tion, NA, for his appointment as MT teacher Khan s/o Muhammad Ramzan instead of his in middle school, Shagri Kalan, Skardu correct name, i.e. Noor Zaman s/o Muham- district, but nothing had been done, whereas mad Ramzan. He had requested for correc- the majority of his colleagues working in the
CHAPTER - V: Representative Cases 120 defunct LAMEC Project had already been and District Haripur. Land measuring 2526 absorbed in various educational institutions. kanals and 14 marlas belonging to them and He also mentioned that his applications for their families was taken on lease by the employment were rejected on the pretext Commissioner, Afghan Refugees, NWFP, that there is ban on recruitment. He cited Peshawar on rent @ Rs.150 per kanal per several examples of recent appointments in annum w.e.f. 1.7.1985. The lease agreement various Directorates of Northern Areas and was terminated after the financial year 1991- requested that he be provided employment. 92. As per agreement an amount of On taking up the matter with the Agen- Rs.379,005 per annum was payable as rent cy it intimated that request of the complain- to the complainants by the States and Fron- ant cannot be considered due to ban on re- tier Regions Division. The complainants cruitment imposed by the Government of were paid rent for three years while rent for Pakistan. It promised that request of the the remaining four years had not been paid. complainant can be considered on merit as On taking up the matter with the Agen- and when the ban is lifted. In his rejoinder cy it transpired that since the matter related the complainant mentioned that the Chief to the Government of NWFP, Home De- Commissioner, Northern Areas made a pub- partment and clearance of Finance Division, lic announcement on 1.4.1998 that the ban Government of Pakistan was also required, on recruitment in the Directorate of Educa- the payment was held up. With the interven- tion has been lifted. The complainant plead- tion of this Secretariat the matter was sorted ed that therefore, it should be easy for the out between the various Agencies and finan- Directorate to appoint him on a suitable post. cial sanction was issued for the payment of A hearing was held, in which the Agency land compensation to the complainants as again reiterated its stance. The complainant well as others whose land was occupied for faxed a message that the office of Chief Afghan Refugees Camps in NWFP. Secretary, Northern Areas vide its Office It was a matter of great satisfaction that Order dated 15.3.1998 had appoin- this long outstanding case was thus settled. ted/adjusted four ex-teachers of Nai Roshani Schools against vacant post of teachers LABOUR, MANPOWER AND (BPS-7) in the Education Directorate. OVERSEAS PAKISTANIS DIVISION Considering that the complainant has an MA degree in Political Science and is Complaint No. Reg. H/7428/98 jobless for last several years, it was recom- Delay in Payment of Outstanding Bills mended that he be employed in the Educa- M/s Azmat Autos of Islamabad stated tion Directorate Northern Areas, on priority in their complaint that they were given work basis, as done in other cases. Compliance order for the repair of a staff car of Ministry was desired within 30 days. of Labour, Manpower and Overseas Paki- stanis. They carried out the repairs and sub- Complaint No. Reg. H/6241/98 mitted the bills to the Agency, but they did Delay of 12 Years in Payment of Lawful not receive the payment for nearly two and a Dues of Land Taken on Lease half years. They sought the intervention of Mr. Safdar Zaman Khan and 7 other this Secretariat for payment of their bills. complainants with him complained of delay The matter was taken up with the in payment of their dues. They were owners Agency and with the intervention of this of land in village Bado and Mumaya, Tehsil Secretariat outstanding bills of the com-
CHAPTER - V: Representative Cases 121 plainant were settled and they received full While allowing the pension the AGPR also payment. The complainants expressed their demanded the following recoveries: gratitude for the help extended in the settle- i) Lifetime arrears Rs.13,902.98 ment of the claims. ii) House Building Advance. Recovery Complaint No. Reg. H/3987/98 of Advance Rs.43,217.00 Request for Payment of Commutation of iii) Pay and Allowance Pension to Widow Complainant overdrawn Rs.25,507.00 Mst. Sharifa Fatmi, widow of Mr. Mu- The Agency in its above-mentioned zaffar Ali Fatmi of Islamabad stated that her Note recommended to the Finance Division late husband was serving as Senior Research that the arrears outstanding against the com- Officer in the Labour, Manpower and Over- plainant’s husband may be waive off and his seas Pakistanis Division. He suffered a heart widow be allowed 50% commutation bene- attack in September, 1995 and was admitted fits. The Agency informed that the com- in Federal Government Services Hospital. plainant had been sanctioned Family Pen- The Medical Board declared him unfit for sion and Benevolent Fund Grant and her further Government service and he was request regarding 50% commutation had retired on medical grounds. He expired on been taken up with the Finance Division for 27.7.1997. The complainant sought the in- their approval. tervention of this Secretariat for allowing her As the late husband of the complainant pensionary benefits, to which her late hus- could not exercise his option for commuta- band was entitled in his lifetime. tion of pension in lifetime due to his sudden The matter was taken up with the death which was an act of God over which Agency and was followed up. As per their no mortal has any control, it was recom- U.O. Note dated 5.4.1998, addressed to the mended that the complainant should be al- Ministry of Finance and copy endorsed to lowed to draw 50% commutation of pension. this Secretariat, the Agency informed that the complainant’s husband, a member of LOCAL GOVERNMENT AND RURAL Economic Group was working as Senior DEVELOPMENT DIVISION Research Officer in BPS-18 in the Labour, Manpower and Overseas Pakistanis Divi- Complaint No. Reg. H/5502/98 sion. He suffered from heart problems and Non-payment of Bills prolonged illness. His case was referred to Messrs Mehboob Hussain and Mu- the Health Division, which constituted a hammad Munir, residents of District Medical Board. According to the Agency, Chakwal stated in their complaints that they the complainant’s husband could not sign his had worked on various projects of the Minis- pension papers due to his severe illness in try of Local Government and Rural Devel- his lifetime. The pension papers were pre- opment, Government of Pakistan and com- pared later on and submitted to AGPR. In pleted the work on these projects during the same, the Agency had proposed all the 1993-94. They had approached the Ministry, pensionary benefits including 50% commu- Administrator, Peoples Works Programme tation. The AGPR issued PPO allowing the and Assistant Director, Local Government widow only family pension for Rs.3,533 per several times for payment of their bills but month with effect from 28.7.1997 without could not succeed in receiving the payment. giving her the benefit of 50% commutation. They sought the intervention of this Secre-
CHAPTER - V: Representative Cases 122 tariat for payment of their dues. The matter of Rs.600 per kanal per annum amounting to was taken up with the Agency and the com- Rs.33,972 has been paid to the complainant, plainant’s long outstanding claims were who also confirmed the receipt of the settled with the intervention of this Secretar- amount. With the intervention of this Secre- iat. tariat the complainant was paid his long outstanding dues. Complaint No. Reg. H/5503/98 Non-payment of Bills Complaint No. Reg. H/9089/98 The complainant, Mr. Muhammad Delay in Payment of Bills of Office-Chairs Munir resident of District Chakwal stated Supplied that he had worked on two projects of the Malik M. Rafiq of Rawalpindi stated Ministry of Environment, Local Government that he had supplied chairs to the Applied and Rural Development, Government of Physics Division of Pakistan Institute of Pakistan and completed the works during Nuclear Science and Technology (PIN- 1993-94. He had approached the concerned STECH) Nilore, Islamabad and was not paid authorities for payment of bills for the work his bills. He sought the intervention of this done by him, but had failed in his efforts. He Secretariat for the payment of his outstand- sought intervention of this Secretariat for ing bills. On taking up the matter with the payment of his bills. Agency it responded that the chairs were not The matter was taken up with the according to the specifications and therefore, Agency. Quite a bit of correspondence was the supplier was advised to take back the exchanged between the Agency and this chairs and bring them after getting properly Secretariat. As a result of the same, the long finished. A hearing was held and the matter outstanding claim of the complainant was was resolved amicably. The complainant ultimately settled and the complainant re- was made payment of his outstanding dues ceived his claim, amounting to Rs.118,184. of Rs.34,000. He expressed his gratitude in writing for the help and co-operation ex- PAKISTAN ATOMIC ENERGY tended by this Secretariat. COMMISSION (PAEC) PAKISTAN BAIT-UL-MAL Complaint No. Reg. H/11168/97 Failure to Pay Rent of Land Being Complaint No. Reg. L/6834/97 and Utilised by PINSTECH Reg. H/21339/97 Mr. Abdul Hameed of Islamabad stated Delay in Payment of Financial Assistance that a piece of land belonging to him and for Treatment of His Sister other land owners was occupied for use by Mr. Abdur Rehman residing in Village the PINSTECH Complex, an establishment Adenzai, District Dir had been requesting of Pakistan Atomic Energy Commission. for financial assistance for the medical According to the complainant the Agency treatment of his sister. He had approached had not paid him land rent for the last ten Pakistan Bait-ul-Mal in this respect. On years. He sought the intervention of this taking up the matter by this Secretariat it Secretariat for payment of land rent to him. was found that the Director Bait-ul-Mal, On taking up the matter with the Agency it Peshawar had asked for a medical report informed that the rent of 6 kanal and 7 mar- from the Hayat Shaheed Teaching Hospital, las belonging to the complainant at the rate Peshawar and the investigation report of the
CHAPTER - V: Representative Cases 123 patient had already been forwarded. on 9.7.1995. The complainants had retired It was recommended that medical treat- from service not only prior to handing over ment case of Mst. Said Pari, sister of the com- of the Unit to the Buyer on 9.7.1995 but plainant, be pursued expeditiously and the even before signing of the Sale Agreement payment be made immediately. Compliance on 13.6.1995. At that time MCL was admin- was desired to be reported within 30 days. istered by the PMDC. It was held that PMDC is responsible for making payment of Complaint No. Reg. H/4184/98 gratuity to the complainants. An argument Unjust Stoppage of Financial Aid by was advanced on behalf of the PMDC that Pakistan Bait-ul-Mal under the Sale Agreement the Buyer should Mr. Niamatullah Khan of Lakki Marwat pay the dues. This argument was not accept- complained that he was granted assistance ed because these nine persons (the com- from Pakistan Bait-ul-Mal. He used to draw plainants) had retired when MCL was under monthly grant from the nearest Post Office, the PMDC. It was directed that the com- but since 3.4.1997, his stipend was stopped. plainants be paid the gratuity within 30 days, He requested for issue of direction to Bait-ul- after due verification of their service record. Mal to restore his grant. Director, Pakistan Bait-ul-Mal, Peshawar submitted a report that SUI GAS NORTHERN PIPELINES LTD the complainant was granted Atta subsidy (SNGPL) stipend on monthly basis. He did not report to Complaint No. Reg. H/25228/97 receive his stipend for the last one year. Thus, Reg. H/25065/97 as per rules, his account was closed as it was Reg. H/25262/97 inoperative for more than 6 months. To redress Delay in Giving Sui Gas Connections the grievance, it was recommended that the Mirza Muhammad Fazal, Mr. Muham- complainant may apply a fresh for the stipend, mad Ismail Khan and Mr. Muhammad Ar- which shall be granted on priority. It was also shad of Jhelum complained of delay in sup- recommended after an analysis that the system ply of Sui Gas connection to them. On call- of payment needs improvement, which must ing a report from the Agency, it admitted be considered at the National and Provincial that the matter had been delayed due to the levels to avoid recurrence of such cases. large quantum of work. The Agency was directed to hold survey for supply of Sui Gas PETROLEUM & NATURAL in the month of February, 1998. It was also RESOURCES DIVISION directed to report compliance as soon as Sui Gas is supplied to the three complainants. PAKISTAN MINERAL DEVELOPMENT CORPORATION (PMDC) Complaint No. Reg. H/4738/98 & 35 others Complaint No. Reg. H/21960/97 & 8 others Delay in Provision of Sui Gas Connections Delay in Payment of Gratuity Mr. Muhammad Bashir and 35 other Mr. Muhammad Ameer and 8 other complainants from Sargodha District had complainants had retired from Makerwal complained about the delay in provision of Collieries Limited (MCL) before its privati- Sui Gas connections. Among these, 8 of sation by the Pakistan Mineral Development them had applied for Sui Gas facility as Corporation (PMDC). MCL was privatised early as 1995 while others had applied for vide Sale Agreement dated 13.6.1995 and the Sui Gas connection in 1996. It was ob- the Management of the Unit was transferred served that it is regrettable that the cases of
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1995 are still pending and in some cases the ernment of Punjab, Rawalpindi made this Demand Notices had been issued so late. It complaint requesting that an illegal connec- was observed that some cases of 1997 and tion was allowed to Director, Agriculture 1998 had been processed earlier. It was em- (Extension), Government of Punjab, Rawal- phasised on the Agency that the principle of pindi without valid sanction and it should be first come first served should be strictly disconnected by the Sui Northern Gas Pipe- followed. It was explained by the Agency lines Limited (SNGPL). that Tehsil Bhalwal of District Sargodha, to During investigation of the complaint it which the complainants belong, was newly was found that the Soil Conservation De- given the Sui Gas facility. It was directed partment had obtained a Sui Gas connection that these 36 complainants be given Sui Gas which was disconnected due to late payment facility positively during the months of Ju- of gas charges. The connection was rein- ly/August, 1998. stalled on clearance of the arrears. It was found that during the period between dis- Complaint No. Reg. H/22225/97 connection and re-instalment, SNGPL had Delay in Provision of Gas Connection given an illegal connection to the Agricul- Syed Mubeen-ud-Din Hassan Gilani, ture Department from the supply line of the Aastana-e-Qadria, Gujar Khan complained Soil Conservation Department. The com- on behalf of Jamia Mosque Qadria, Gujar plainant, therefore, also prayed for refund of Khan that supply of Sui Gas to the Mosque the amount charged unauthorisedly from his was promised within 50 weeks but the same Department. has not been provided in spite of lapse of A hearing was held, in which repre- considerable time. Rs.62,500 required to be sentatives of the two departments as well as deposited for providing gas connection to SNGPL were called. Consequent to the the Mosque had been duly deposited. The same, it was directed as under: Agency stated that it was not in a position to i) The SNGPL would provide an inde- accommodate the Mosque during the current pendent gas connection to the Director financial year and they would lay the pro- Agriculture (Extension) after comple- posed extension duly during the subsequent tion of all the requisite formalities. financial year. It was observed that it is re- ii) If the Director Agriculture (Extension) grettable that an application for the Sui Gas failed to complete the formalities with- connection was given to the Agency on in the specified time, the SNGPL 22.8.1995 and the supply has been delayed would disconnect the supply already for so much period. On explanation of the given to him; and Agency that it has no funds to provide the iii) SNGPL should determine the actual Sui Gas connection to the Mosque during amount of gas bills overcharged and the current financial year it was directed to adjust the same in the future bills of the provide Sui Gas connection to this Mosque Soil Conservation Department. during the first half of the next financial In this manner a dispute involving two year, i.e. 1998-99. Provincial Government Departments and SNGPL was amicably resolved. Complaint No. Reg. H/11614/98 Request to Disconnect the Illegal Complaint No. Reg. H/7107/98 Connection Delay in Giving Gas Connection Soil Conservation Department, Gov- Mr. Zaki Zaheer s/o B. M. Wazir
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Chand, Pastor-in-Charge Presbyterian under the then Government of West Pakistan Church of Pakistan, Jhelum City lodged a and the Project did not have a pension complaint of delay in giving Sui Gas con- scheme when she joined. She stated that she nection within 50 days from 10.9.1994 when was deputed for training abroad under US he deposited the application but the same Aid Programme in 1972 and at the same had not been given till April, 1998. time the Project was converted into Training The case was fixed for a hearing at Research and Evaluation Centre (TREC). On Jhelum. The Agency reported that the distri- completion of the training, the complainant bution network of Sui Gas does not exist in was allowed to join as Deputy Director in the locality of the complainant and an esti- the Family Planning Division and served in mated cost of Rs.54,500 was required from various capacities as Director (BPS-19). the persons residing in the vicinity, like the Ultimately she served as Director General complainant, in order to make the connec- (BPS-20) under the Population Welfare tion possible. During the hearing the com- Division, till her superannuation on plainant stated that M/s Sher Khan and Mu- 16.3.1995. She stated that the Accountant nir Khan had been given Sui Gas facility General Pakistan Revenue (AGPR) firstly despite the fact that both these persons are accepted the 32 years service rendered by living quite near to his house. There was a her, but later on, for some unknown reason, difference of opinion between the parties as withdrew the acceptance. to whether the network of the Agency exists Investigation of the complaint revealed in the vacinity of the complainant or not. that the Population Welfare Division had not Therefore, a site inspection was made. The fully appreciated the Rules of absorption of Agency was directed to consider the case of the complainant for regular/pensionable the complainant during this very fiscal year service. It was seen that Articles 370 and and provide Sui Gas directly from a point 371 of CSR are relevant in the case. These considered to be appropriate by the Agency. are quoted below: It was observed that the complainant is a 370. An officer transferred from a tem- Pastor and is serving at Jhelum and therefore porary to a permanent appoint- deserves special attention and the Agency ment can count his service in the was directed to ensure supply of Sui Gas temporary office. If, though at connection to the complainant within the first created experimentally or period recommended. temporarily, it temporarily, it eventually becomes permanent. POPULATION WELFARE DIVISION 371. An officer without a substantive appointment officiating in an of- Complaint No. Reg. H/19186/97 fice which is vacant, or the per- Refusal to Allow the Benefits of 10 Years manent incumbent of which does Service Towards Pension/Commutation not draw any part of the pay or Mrs. Jamila Naeem who had retired as count service, may, if he is con- Director General from the Population Wel- firmed without interruption in his fare Division stated that she had overall service count his officiating ser- service of 32 years, which has not been vice.” counted towards pension/commutation. She The Population Welfare Division was stated that she joined service on 2nd January, unable to refute the clear position under 1963 in the Medical Social Research Project these Rules. Accordingly it was recommend-
CHAPTER - V: Representative Cases 126 ed that the complainant should get her pen- RAILWAYS DIVISION sion/commutation for the entire service of 32 years. The Population Welfare Division and Complaint No. Reg.H/78/98 AGPR was directed to report compliance for Misbehaviour of STE Rawalpindi having made payment of pen- Mr. M. Anwar Butt of Islamabad, an sion/commutation to the complainant within expatriate located in Germany, had a com- a period of one month. plaint that he had to travel from Rawalpindi to Lalamusa in Railcar 72 Down in lower Complaint No. Reg. H/22941/97 AC class. He was accompanied by his wife Failure to Establish Vocational Training and two children. He therefore purchased 3 Centre for Women Population in District tickets, two for adults and one for 2 children. Lakki Marwat He was allotted seats No. 97, 98 and 99. He Mr. Muhammad Hussain, President, had also occupied seat No. 100 which was Chunai Welfare Idara, Zangi Khel, District meant for the AC attendant, with the consent Lakki Marwat stated that the Senior Pro- of the latter. The Special Ticket Examiner gramme Officer Population Welfare Division (STE) who checked him, asked him that he had issued direction to the Secretary, Pro- should purchase another ticket for seat No. vincial Population Welfare Department for 100. Not accepting the complainant’s expla- necessary verification in order to establish nation, the STE charged him Rs. 195 as fare Vocational Training Centre at Rizwanabad. for another seat for travel between Rawal- After a lapse of 5 months reminders were pindi and Lalamusa. The STE also misbe- issued. Planning Officer, Population Welfare haved with the complainant. Department, Government of NWFP clarified On taking up the matter with the Agen- that the proposed project would be undertak- cy it acknowledged that the complainant was en on availability of funds. During a hearing, not required to purchase the extra ticket and it transpired that the delay had occurred due charging him the extra amount was unfair. to submission of incomplete documents by The Agency also intimated that the STE the initiating authority and non-inclusion of concerned has been warned to be careful in cost estimates in the PC-I Proforma. The the future by the Divisional Superintendent, complainant was repeatedly asked by all the Rawalpindi. While closing the case it was concerned departments to depute a well- observed that it is a rather light penalty and educated, competent representative to com- it was directed that a letter of apology should plete the procedural requirements, which he also be sent to the complainant. Compliance did not. It was thus a clear fault of the com- was required within 30 days. plainant that instead of pursuing the case in the correct manner with the concerned de- Complaint No. Reg. K/998/97 partment, he opted to submit the complaint. Request for Refund of Amount of He did not even appear on the occasion of Unutilised Tickets all the hearings. It was held that the case is Mr. Zafar Hassan Bakhtiari of Karachi being pursued by the concerned authority in complained about non-refund of amount of the correct manner. the unutilised Railway tickets. On calling a report, the Agency stated that the complain- ant should be directed to furnish the original tickets together with the photocopy of his National Identity Card, for arranging neces-
CHAPTER - V: Representative Cases 127 sary payment. The complainant was accord- lamabad complained about denial of pay- ingly addressed for doing the needful. The ment of advance increments for higher edu- Agency, consequently, arranged the refund cational qualification, authorised under the to the complainant. The complainant con- relevant letter of the Finance Division. He firmed that he had received the refund claim stated that a number of his colleagues had and expressed his gratitude to this institution been given the advance increments for pos- for resolving his problem. sessing higher qualifications. He claimed that since he had done his FA for a job which Complaint No. Reg. H/13036/97 required matric as qualification, he was Delay in Payment of Salary and TA Bill entitled to two advance increments. Despite Mr. Sardar Ali of Jacobabad, Sindh agitating before the competent authority, stated that the Railway Administration had there had been no response. On calling a not paid him salary for the months of June report, the Railway Carriage Factory, Islam- and July, 1996. Similarly, the dues of his TA abad stated that the application of Mr. Bashir bill from May to July, 1996 had also not had been considered and declined by the been paid to him. The matter was taken up Accounts Branch of Carriage Factory. The with the Divisional Personnel Officer, Paki- matter had been referred to General Manager stan Railways, Sukkur. This expedited the (Personnel) Pakistan Railways Headquarters long outstanding matter and it was promised Office, Lahore. While the investigations that the dues will be paid to the complainant were in progress, the complainant submitted within a week. Comments of the Agency another application stating that he was enti- were conveyed to the complainant. He grate- tled to four increments because at the time of fully acknowledged that he has been paid the his appointment, the qualification of his job outstanding amounts of salary and TA bill. was under-matric whereas he was matric. This additional request too, was conveyed to Complaint No. Reg. H/7530/98 the Agency. On follow up by this Secretariat, Delay in Finalisation of Case of the Ministry of Railways informed that: Regularisation in Service “Advance increments are admissible to Mst. Nusrat Aziz of Quetta stated that officials possessing diploma of Associ- she had been serving in Pakistan Railways ate Engineer, only on possessing or ac- since 5.9.1970 on ad hoc basis without any quiring B. Tech. Honour/B.Sc. Engi- break, but her services had not been regular- neering or M.Sc. Engineering in the ised. As a result of intervention of this Sec- relevant technology." retariat the Agency informed that the case In his rejoinder, the complainant agitat- for regularisation of service of the complain- ed that the report of the Agency did not ant is under active process. The Agency was cover his case because he had initially taken directed to finalise the same within 30 days up the job as a Tracer (BPS-5), for which the and report compliance. required qualification was under-matric and he had nothing to do with holding an Asso- Complaint No. Reg. H/12314/97 ciate Engineer’s diploma. The complainant Failure to Grant of Two Advance also provided copy of a judgement of the Increments on Account of Acquiring Supreme Court of Pakistan in an analogous Higher Qualification case where advance increments had been Mr. Muhammad Bashir, a draftsman in authorised. The matter was referred again to the Pakistan Railway Carriage Factory, Is- the Ministry of Railways for reconsideration
CHAPTER - V: Representative Cases 128 on the basis of Finance Division’s letter No. mated as under: F.1(12)Imp-II/91 dated 29.6.1991 and the “The above restoration has already points raised by the complainant. been sent to Station Master/Mianwali Consequently, Pakistan Railways on 25.8.1998 and duplicate copy is is- Headquarters Office informed that the case sued for early payment to the pensioner of the complainant has been examined in (both copies attached).” depth and it has been decided that he is enti- On forwarding a copy of the above to tled for the grant of two advance increments the complainant for confirmation, he grate- because of acquiring the FA qualification. fully replied as follows: The complainant thus got relief in line with “I am highly thankful to you for help- his original complaint. ing me. I pray to God for the prosperity During the course of investigation the in your business (Amin-Suma-Amin) I complainant had raised the point of qualifi- have received my pension and dues cation of his original job being under-matric, with the help of Almighty. I am thank- which had not been dealt with in the present ful to you for sympathy and help to me investigation. It was observed that the com- because I am a blind person. At the plainant is free to take up this matter directly time of receiving pension from Rail- with the Agency. Relief having been provid- way Station I have to get help of anoth- ed to the complainant on his original com- er person for guidance. At the end plaint registered in this Secretariat, it was again I am thankful to you from the treated to have been disposed of, having core of my heart and pray to God for borne fruit. your success in life at all places."
Complaint No. Reg. H/15487/98 Complaint No. Reg. H/10461/98 and Refusal to Pay Full Pension Due to Non- Reg. H/11252/98 Issuance of Confirmation Letter by Delay in Payment of Service Dues to Headquarters Office Widow Mr. Abdur Rehman presently residing Mst. Amna Bibi widow of Late Mu- in village Ghattal Tehsil Talagang, District hammad Sadiq presently residing in village Chakwal had retired from Pakistan Railways Chena Tehsil Khan District Rawalpindi after serving for 30 years as Shunting Master stated that her husband died on 30th August, at Railway Station Kotri. He was now re- 1997 after serving for 40 years in Pakistan ceiving pension from the Railway Station, Railways. She stated that she is a parda Mianwali but the full pension was not being observing lady and has not been able to get paid to him. He had taken up the matter with the service dues of her late husband despite the Pakistan Railways Office, Karachi by lapse of one year. registered post AD, but did not hear anything On calling a report the Divisional Su- from them. The complainant stated that he perintendent, Pakistan Railways, Rawalpindi had lost his eyesight and was unable at this replied that the case of the deceased em- old age to travel back and forth to the Rail- ployee had been referred to the Senior Ac- ways Office, Karachi. The intervention of count Officer (Stores) Pakistan Railways this Secretariat sorted out the matter, which Headquarters, Lahore for issuance of a ended in confirmation/action by the Rail- clearance certificate. Consequence to follow ways Office, Karachi. The Accounts Officer up by this Secretariat the DS, Rawalpindi (Pension) Pakistan Railways, Karachi inti- intimated as follows:
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“It is respectfully intimated that on re- Police Lines, Abbottabad, which was an ceipt of Clearance Certificate from evacuee property. She stated that a house Senior Accounts Officer (Store) Head- was built on the property/plot in 1957 but in quarters Office, Lahore, vide No. 1982 they were dispossessed forcibly by the SV/1432/1993 dated 5/98 received on local police. Later on, the Joint Secretary of 16.7.1998, the payment of Commuta- the Ministry in his order decided that com- tion amounting to Rs.160,816.49 has pensation of the building should be paid by been paid to Mst. Amna Bibi widow of the Commissioner to the lease holder. Con- Muhammad Sadiq late PWI/Haripur sequently, the Commissioner Hazara Divi- Hazara, on 30.7.1998 vide Cheque No. sion directed his subordinate offic- 577357 dated 27.7.1998.” ers/officials not to disturb the A complaint in the same matter had house/property. The complainant stated that also been submitted by the son of the com- not caring for these directions the offic- plainant LN/Clerk Mr. Naeem Ahmad, 160- ers/officials damaged the house and she was Field Regiment Artillery, Sialkot Cantt. rendered homeless along with her children. through his Commanding Officer to this She further stated that in accordance with Secretariat. He had also complained about the estimated cost the compensation as- non-payment of dues to her widowed moth- sessed was to be Rs.5 to Rs.6 lakh but she er. Confirmation was requested from the was given a meagre compensation of widow, but she did not reply in spite of re- Rs.5,000 only. She stated that her father-in- minders. A copy of Railways letter was law could not bear the shock and died. She therefore sent to the Commanding Officer of prayed that she be given a reasonable finan- the widow’s son LN/Clerk Mr. Naeem Ah- cial assistance/compensation so that she be mad. In response, the Commanding Officer able to arrange shelter for her family. confirmed that the commutation amount has When the matter was taken up with the been received by the widow. However, a Agency it reported that the land which was request was received and forwarded by him on lease with Mr. Fateh Ali, the complain- that monthly pension dues may be paid ant’s father-in-law, was 5 kanals and 14 through Station Master, Gujar Khan. It was marlas. The Agency reported that on an therefore recommended that the Divisional application from Idara Tadrees-ul-Quran, Superintendent, Pakistan Railways and Sta- Hazara Abbottabad, about 12 kanals of land tion Master Gujar Khan may expedite action were given to it on lease for building an to issue the PPO for the payment of monthly orphanage and the land belonging to com- pension dues to the widow w.e.f. 28.8.1997 plainant’s father-in-law was included in it. In immediately. her rejoinder on the report of the Agency the complainant requested that she should at RELIGIOUS AFFAIRS, ZAKAT, USHR least be allotted 10 marlas out of the land & MINORITIES AFFAIRS DIVISION given to the orphanage. The Agency did not concede to that nor could allot any alternate Complaint No. Reg.H/9487/97 10 marlas piece of land to her. It was rec- Demolition of House Without Payment of ommended that the complainant widow be Compensation allotted 10 marlas of land in order to enable Widow of Muhammad Miskeen of her to construct a shelter for herself and her Abbottabad stated that her father-in-law was family. A period of 60 days was given for in possession of Khasra No.701 situated in compliance.
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Complaint No. Reg. H/6213/98 of compensation of Rs.50,000 each in case Delay in Payment of Compensation, of deceased pilgrims and Rs.25,000 in case Insurance Claim and Reimbursement of injured pilgrims. Name of complainant’s Against Unutilised Return Ticket of His wife appeared in the list of 72 missing pil- Wife Who was Lost During Fire at Mina grims. During Haj 1997 The Agency stated that a meeting be- Mr. Muhammad Rafique of village tween Pakistani and Saudi Authorities is to Jhaverian Tehsil Shahpur District Sargodha be held sometime towards the end of Sep- stated that his wife was lost during the fire in tember, 1998 and the Agency would request Mina during Haj 1997 on the 8th Zilhaj. He the Saudi Authorities to obtain a fatwa that stated that she was lost in the fire, he made a the missing persons be declared as having lot of efforts, could not find her and ulti- died. The Agency took the stance that con- mately returned alone to Pakistan. He had sequent to the same, approval of the compe- applied to the Agency for compensation, tent authority will be obtained for payment Insurance Claim and reimbursement of the of compensation of Rs.50,000 to heirs of cost of her return ticket, but had failed in his each of the 72 missing pilgrims and request- efforts with the Agency. ed that it may be given time accordingly. When the matter was taken up with the It was directed that the Agency should Agency it stated that the name of the lady take the aforementioned matter on priority has not appeared in the death list of Haj basis and pay the compensation to the com- 1997 but has appeared in the list of missing plainant as follows: (i) Rs.50,000 as com- pilgrims. The Agency took the stand that pensation; and (ii) Rs.9,411 cost of return death of complainant’s wife has to be con- ticket. It was further directed that if there is firmed from Director, Haj, Makkah Mukar- no outcome until the beginning of October, ramah and the Saudi Authorities before any 1998 the complainant should be paid this compensation can be given. As regards In- amount, in any case, as there is hardly any surance claim, it turned out that at the time doubt about the sad demise of his wife. Ac- of application for Haj the same had not been cordingly, the Agency was asked to report opted for. compliance by 15th October, 1998. While the complaint was under investi- gation the complainant appeared personally Complaint No. Reg. H/15847/98 and pathetically showed the handbag of his Request to Include Her Name in the List lost wife containing some of her clothes. He of Deserving Persons for Zakat furnished an affidavit already given by him Mst. Khair-un-Nisa of Islamabad stated to the Agency, stating that his wife had died that she is a class IV employee, working as a during the fire in Mina. The representative Helper in the Centre for Handicapped per- of the Agency was called to appear with sons, drawing a salary of Rs.1,800 per record relating to the said accident. Conse- month and her husband is a retired Govern- quently, the Agency informed that after the ment servant, getting pension of Rs.594 per last return flight of Haj, 1997. The position month. She stated that this total income is that came out was that during the fire in insufficient to meet the expenditure of the Mina 96 pilgrims had died, 7 had been in- family of 9 persons, which includes 4 daugh- jured and there were 72 missing. The Minis- ters, 2 sons and a grand-child in addition to try had submitted a summary and obtained the husband and wife. Her eldest son is approval to the Prime Minister for payment handicapped, while three of her children are
CHAPTER - V: Representative Cases 131 school-going. She had been paid Guzara tervention of this Secretariat resulted in Allowance @ Rs.300 per month from Janu- guiding the complainant and her husband ary to March, 1998 and it was then stopped. towards getting due relief. She had also applied for a grant of Jahez to the Chairman, District Zakat and Ushr EVACUEE TRUST PROPERTY BOARD Committee, Islamabad and had been refused (ETPB) the same. Stoppage of Guzara Allowance Complaint No. Reg. H/25497/97 and this refusal was on the basis that she is a Failure to Pay the Counsel Fee of Her Government servant and under the policy Deceased Husband laid down by the Central Zakat and Ushr Mst. Fateh Khatoon, widow of Mr. Administration, working Government serv- Liaquat Hussain Khan complained that her ants are not eligible for allowances and late husband was the Counsel nominated by grants from Zakat Funds. the Agency in Bhakkar and was brutally On taking up the matter with the Agen- murdered on 13th July, 1994 when he was cy, it explained its policy, according to coming out of the Court after appearing in which aforementioned refusal was made. one of the cases of the Agency. The com- Rejoinder of the complainant was called, in plainant attached copy of a letter of the As- which she controverted the report of the sistant Commissioner, Evacuee Trust Proper- Agency. A detailed hearing was held which ty, Bhakkar which pays rich tributes to the was attended by the Chairman, Secretary honesty and hard-working nature of the and Administrator of Zakat and Ushr Com- deceased Advocate who pleaded the Agen- mittee, Islamabad as well as the complain- cy’s cases in Bhakkar. She complained that ant, who accompanied by her husband, Mir- Counsel Fees due to her late husband, za Shafiq Ahmad. It was acknowledged that spreading over the years 1992 and 1994 and there is no doubt that the condition of the even earlier, had not been paid. She enclosed family deserves sympathy. However, accord- copies of correspondence which included in ing to the policy laid down by the Central one instance a list of 15 cases, total fee Zakat and Ushr Administration the com- claimed for which was Rs.17,800. She en- plainant is not entitled to Guzara Allowance closed another letter addressed by the late nor to grant for Jahez out of the Zakat funds. Advocate to the Assistance Administrator, However, during the hearing the representa- ETPB, Bhakkar, giving a list of 44 cases and tives of the Agency gave an important guid- claiming a fee of Rs.50,800. On the basis of ance to the complainant and her husband the foregoing the complainant prayed that that their case would be fit for assistance by she be paid the amount of Rs.68,600 by the Bait-ul-Mal. Representatives of the Agency Agency as outstanding fee of her late hus- explained to the complainant and her hus- band. band the location of the local Bait-ul-Mal During investigation of the case it was Office in Islamabad, which could be ap- found that payments are made by the Agen- proached by them for submitting a proper cy in accordance with the provisions of application. It was the view of the Agency Evacuee Trust Board Litigation Rules, 1966 that hopefully they could get proper assis- as amended from time to time. The Agency tance from the Bait-ul-Mal. The complainant stated that one of the reasons for the differ- and her husband were agreeable to following ence between the claims of the late Advocate the due procedure. and the actual payment due, is because of It was a matter of satisfaction that in- the fact that claims are scrutinised according
CHAPTER - V: Representative Cases 132 to these Rules and the amounts claimed are SCIENCE AND TECHNOLOGY often reduced as per provisions of the same. RESEARCH DIVISION For instance, if any case is withdrawn, only 50% of the prescribed fee is paid to the Complaint No. Reg.H/2389/98 Counsel and; if there is more than one case Discrimination in Grant of Medical of similar nature then full fee is paid for one Facilities case while 25% of the fee is paid for each of Mr. Muhammad Bashir, Liaison Of- the other cases. This clarified the disparity ficer, PCSIR had retired from service w.e.f. between the complainant’s claim and 13.4.1997. The organisation is administra- amounts actually due. tively controlled by the Ministry of Science The Agency insisted on production of and Technology. Last posting of the com- copies of Court judgements by the com- plainant was in the PCSIR Laboratories plainant in respect of cases for which pay- Complex, Lahore, from where he retired. On ment had been demanded. The complainant retirement, the complainant had settled in stated that the late Advocate had already Rawalpindi and has been allowed to draw furnished copies of the same with his origi- his pension from the National Bank of Paki- nal claims and this was evident from copies stan, Satellite Town, Rawalpindi. He re- of his letters. The effect of intervention of ferred to the PCSIR Medical Attendance and this Secretariat is clear from the fact that Treatment Rules, 1997, which are equally while this complaint was pending the Agen- applicable to serving as well as retired em- cy made a payment of Rs.9,495 to the com- ployees of the Council. The complainant plainant against the late Advocate’s claim of made efforts with the Agency that he be Rs.18,000 pertaining to cases of 1994. It was allowed to avail the medical facilities for noted with concern that the Agency has himself and his family at Rawalpin- made this payment for cases of 1994 only di/Islamabad. He had requested for interven- consequent to the intervention of this Secre- tion due to in-action by the Agency. tariat in 1998. After calling the report of the Agency The Agency was directed to make and complainant’s rejoinder a hearing was payment of the remaining claim immediate- held. It was observed that under Rule 4(i) ly. It was held that the stance of the Agency ibid Council’s liability on account of medi- for producing copies of Court decision, cal attendance and treatment of the offic- which had been already attached by the late ers/officials and members of their families is Advocate with his original applications, was limited to Rs.275 p.m., or, Rs.3,300 per year. not justified. It was observed that the Agen- The Agency indicated that medical facilities cy should realise that if it acts like this with can be provided to the complainant and his its Advocate after his death, it should hope family by the PCSIR Chairman’s Secretariat, not to have an Advocate worth his salt to Islamabad. It further explained that the plead for it. aforementioned Secretariat has on its panel The Agency was directed to make the Federal Government Hospitals, i.e. the due payments straightaway and report com- FGSH, PIMS, PNS Hafeez of Pakistan Navy pliance within 20 days. and also four private hospitals. The Agency was directed to ensure the provision of med- ical facilities to the complainant and his family accordingly, without causing any inconvenience to him.
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Complaint No. Reg.H/3424/98 Vehicle No. GP-2538 undertaken on Unjust Deduction of Rs.4,022.55 from 4.3.1986. On their reverse, both of these Pension by PCSIR, Lahore have been checked and verified and stated to Mr. Muhammad Bashir who had retired be entered at page 16 of the relevant register. from Pakistan Council of Scientific and The statement is signed by Dr. S. S. H. Zaidi Industrial Research (PCSIR) stated that who is stated to be the Officer Incharge Rs.4,022.55 had been ordered to be deducted Transport/Director at that time. The com- from his pension on account of (i) Rs.4,000 plainant also produced photocopy of a note on account of non-adjustment of an advance signed by him as Administrative Officer on paid to him in February, 1986. The amount 9.7.1986 addressed to the Accounts Officer was utilised for repair of an official vehicle of the Office, in which it had been stated that and; (ii) Rs.22.55 on account of a private copy of sanction of Rs.4,000 is enclosed. call made from telephone. The complainant It was observed that although it was the had stated about the first amount that he had responsibility of the complainant as the given it as advance to the Driver for repairs Drawing and Disbursing Officer to have the of Vehicle No. GP-2538, but the amount was amount adjusted and not that of a Driver, it not adjusted on the books and therefore it is unfair on the part of the Agency to have resulted in an audit objection. Similarly, the raised the issue at this stage after retirement amount as per (ii) also figured in audit ob- of the complainant. The amount of jection. Rs.4,022.55 had also not appeared as out- When the matter was taken up with the standing in the LPC dated 12.6.1994 issued Agency it stated in its report that adjustment to the complainant at the time of his retire- against the advance is the responsibility of ment. It was recommended that Rs.4,022.55 the officer to whom it is given and not that should not be deducted from the pension of of a non-gazetted official, as the Driver. the complainant and if any deduction has Since the advance was drawn by the com- been made already, the relevant amount plainant, and as the Drawing and Disbursing should be refunded. Officer it was his duty to get it adjusted, after doing the needful. Complainant’s plea Complaint No. Reg. P/417/98 that the Driver submitted the vouchers by Less Payment of Pension himself, does not absolve him of the respon- Mr. Amjad Ali of Gulbaila, Tehsil and sibility. As regards the recovery of Rs.22.55 District Peshawar had retired from the on account of private calls made from offi- Commissionerate of Afghan Refugees and cial telephone at residence by the complain- had been granted pension under formula-A ant, it was stated that the matter was dis- instead of formula-B given in the existing cussed with the AGPR/Audit and it has been rules, which caused loss to the beneficiary. got settled. In his rejoinder the complainant He requested the concerned Additional Ac- stated that an entry had been made in the countant General and Finance Division but Register of Vehicle No. GP-2535 about the without any fruitful results. On referring the repair, cash memos/bills were signed for the case to the Agency, it was reported that pen- amount and were sent to the Officer In- sion was calculated on both formulas A & B. charge Transport for verification/approval. A Formula B was more beneficial to the ex- hearing was also held. The complainant employee. During a hearing, it transpired submitted photocopies of cash memos/bills that calculations were not correctly done in of two workshops in token or repairs for accordance with formula B. It was therefore
CHAPTER - V: Representative Cases 134 recommended that pension to the employee was threatened by the XEN that if he does be worked out as per rules and formula not come to terms with them, they would which was more beneficial to the employee. teach him a lesson and that is why he was served with the Demand Notice for WATER & POWER DIVISION Rs.38,000 and detection bill of Rs.50,828. Further comments of the Agency were invit- Complaint No. Reg. H/16405/97 ed on the rejoinder. Report of the Agency Delay in Replacement of Already Burnt about the transformer indicated ‘one red Transformer phase damaged’. The result was signed by Haji Gul Khan, resident of Beruli, SDO and XEN with remarks ‘transformer Shahbaz Khel, Tehsil and District Mianwali damaged due to main switch starter short had alleged that transformer of his tube-well circuit’. was burnt due to lightening on 6.8.1996, he A hearing was held. Examination of the submitted a complaint to the SDO(E) which record showed that the complainant was was marked to SDO(M&T). He complained right from the beginning and had put forth that when he and his son visited the Agen- his case truthfully. On the other hand the cy’s office they were abused and threatened Agency firstly had hidden the checking and on the following day, i.e. 27.7.1997 a report of the SDO (Urban) and SDO (M&T) notice was served that the cost of the trans- dated 8.8.1996 and had tried to cover up the former amounting to Rs.38,000 may be issue in various ways. Further, it was estab- deposited despite the fact that the transform- lished that the complainant had been billed er was burnt due to lightening. The com- for six months from July to December, 1996 plainant also stated that he continued receiv- although the transformer had been damaged ing bills on fixed charges and a ‘detection and there could be no consumption of power bill’ was also debited to his account. He thereafter. It was recommended that the requested that the transformer should be transformer of the complainant should be replaced by Wapda and fixed charges should replaced by the Agency on its own cost and be levied for the period when there was no the detection bill for Rs.50,828 be with- supply due to burning of the transformer and drawn. Compliance was required to be re- the detection charges should be withdrawn. ported within 30 days. On taking up the matter with the Agen- cy it reported that the ‘transformer was dam- Complaint No. Reg. H/19437/97 aged due to main switch starter short circuit’ Abnormal Delay in Grant of Pension and the consumer was served with notice for Mr. Kamal Khan of Attock complained depositing Rs.38,000 for replacement of the against abnormal delay in the grant of pen- transformer. The Agency further stated that sion. He stated that he had applied on the consumer was charged detection bill of 10.8.1996 for retirement w.e.f. 31.12.1996 Rs.50,828 as one seal was tempered and the but it was finally on 5.5.1997 that orders second seal bogus and that Rs.53,020 were were issued retiring him from service w.e.f. outstanding against the complainant as of 1.3.1997, i.e. the date upto which he contin- October, 1997. In his rejoinder the com- ued to serve. He stated that his pension case plainant contested the report of the Agency was forwarded to the Chairman Area Elec- and annexed a report dated 8.8.1996, signed tricity Board (AEB) Wapda, Islamabad on by two SDOs who checked this transformer 19.5.1997 and till the date of his complaint on his written request. He alleged that he he had not received the pension nor its
CHAPTER - V: Representative Cases 135 commuted value. He stated that if he had certain formalities which remain unsettled received the commuted value of his pension the employee should be granted anticipatory in time he would have, by investing it in the pension after obtaining an affidavit from him National Saving Schemes, earned Rs.6,750 for meeting any liabilities found outstanding per month. He requested that Wapda should against him. be directed to take action against those re- It was held that in the instant case the sponsible for delay, his pension orders Agency had miserably failed to act in ac- should be issued and he should be compen- cordance with the rules. It was, therefore, sated for the loss of income suffered due to directed that the Agency should issue the non-payment of commuted value of pension. Pension Payment Order including order for The Agency stated in its report that payment of commuted value of pension certain summary paras/Inspection report within 15 days and it should also pay to the paras were pending against the complainant complainant mark-up at the rate of 15% on and despite several letters he had failed to the commuted value of pension for the peri- get clearance thereof. The complainant re- od from 1.3.1997 to 28.2.1998. Compliance butted the position taken by the Agency and report was required within one month. stated that he had provided the necessary record and given the required clarifications. Complaint No. Reg. H/24671/97 He stated that moreover he had given an Issuance of Additional Demand Notice undertaking to accept any liability against and Wrong Billing him later on. He also questioned the delay of Mr. Altaf Hussain of Dhoke Baba Faiz 5 months taken in the countersigning of the Bukhsh, Post Office Beval, Tehsil Gujar pension papers. Khan had received an additional Demand During one hearing fixed, the Agency Note from Wapda to deposit another informed that the pension case has been Rs.14,980 as security deposit although he submitted to the Director Pensions Wapda, had deposited a like amount with Wapda Lahore and that personal efforts were being while obtaining the electricity connection in made to get the same finalised. A hearing 1992. The Agency’s contention was that the was held again on 23.2.1998, in which the amount of security deposit has gone up and Agency reported that a representative has therefore the difference has to be paid over been deputed to visit Lahore for getting the and above the amount deposited originally. case finalised and report will be submitted The complainant had further stated that the by 3.3.1998. However, there was no re- Agency’s officials were threatening that if sponse from any quarter of the Agency. the needful was not done the electric supply In view of the above, it was quite clear would be disconnected. Wapda had also that Wapda had miserably failed to act in declared the complainant’s electricity meter accordance with the rules, in finalising the to be defective, being slow by 25%, alt- pension case of the complainant. According hough later on this figure was lowered to to the standing orders governing pension, a 11.2%. The complainant requested that pension case is to be initiated six months Wapda should be dissuaded from demanding before the retirement of an employee and the the additional security deposit, declaring the pension payment order should be issued meter slow which it was not and disconnec- before the retirement date, so that the em- tion of electricity, for which it has been ployee is able to receive his pension right threatening. after retirement. In case there is any hitch or When the matter was taken up with the
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Agency it did not respond despite of two Attock complained that his son Mr. Rafaqat reminders. A hearing was held, during which Ali, Naib Qasid, 220 KV Grid Station, Wap- Agency’s representative as well as the com- da, Burhan developed throat infection which plainant were present. Agency’s representa- became so severe that he fell unconscious. tive stated that the factory applied for con- He was taken to the Wapda Medical Officer nection in 1992 and deposited Rs.14,980 as at Hassan Abdal who referred him to ENT per Demand Note served; the complainant Specialist of Manzoor Surgical Hospital, had applied for disconnection in 1994 as the Attock for his throat operation as emergency factory could not start operation. Disconnec- case to save his life. He was operated upon tion was effected on 16.7.1994. The com- and remained under treatment in the said plainant who was serving abroad, on return, hospital for five days, i.e. from 1st to 5th applied for reconnection which was effected September, 1996 and submitted a bill for in February, 1996. The amount of security Rs.5,338 through proper channel duly sup- deposit had gone up in the meanwhile and ported by relevant documents. The com- hence the Demand Notice for extra amount plainant stated that in fact he had borrowed was served. money to defray the medical expenses of his It was concluded that the complainant son, but the bill had been returned un-passed had duly deposited the security amount of twice by Medical Superintendent, Wapda which Demand Note was served on him in Hospital Rawalpindi stating that the disease, 1992 and nothing was due from him at the i.e. chronic tonsillitis is not an acute illness. time of disconnection in July, 1994. The Agency stated that the official was drawing complainant was duly issued NOC for re- cash medical allowance and as such these connection and he complied with the condi- charges are not reimbursable, although his tions imposed by the Revenue Office and his case had been recommended by the Senior supply was reconnected. It was, therefore, a Engineer, Superintending Engineer, and case of restoration of an existing connection Chief Engineer for reimbursement. The and not that of a new connection. As for complainant stated that the case was covered slowness of the meter, it was tested at the by Wapda Employees Medical Attendance time of initial installation. It must have been Rules (as amended upto 1995) and Wapda be tested at the time of reconnection also. If the ordered to reimburse his son’s aforemen- meter had been found to be slow the fault tioned medical charges. should be with Wapda which reconnected A hearing was held. The Agency reiter- and secured it. It was therefore directed that ated its stand and produced a letter issued in Wapda should withdraw the Demand Note 1993 by Superintending Engineer, Wapda, served upon the complainant for additional stating that no part-time Medical Officer will deposit of Rs.14,980 on account of meter be engaged in future. The Agency pleaded security, desist from charging additional that referral to a private hospital could not be units on account of reported slowness of made in the light of these instructions. On meter and rectify the defect if any, and re- the other hand the complainant insisted that frain from disconnecting the electric supply. due to severe throat infection immediate operation of his son was essential. Examina- Complaint No. Reg. H/5172/98 tion of the same indicated that Wapda Medi- Delay in Reimbursement of Medical cal Attendance Rules are statutory rules Charges made under Section 18 of the Wapda Act Mr. Sardar Khan of Burhan, District and unless they are amended by the authori-
CHAPTER - V: Representative Cases 137 ty competent to make these rules, their pro- ence. During the investigation of the com- vision cannot be amended by an ordinary plaint, the following facts came out; (i) the letter of the Superintendent Engineer. It was meter was reported dead stop by the SDO held that only the Authority, comprising of initially, but examination of consumption the Chairman and Members of Wapda is record showed that in February, 97 the meter competent to make or amend Rules under reading was 60149 and in March, 97 it was the Act. Under the existing Rules ‘Author- 60179, but the meter reader had reported ised Medical Attendant’ includes part-time increase of only 3 units probably to justify Medical Officers. The case of complainant’s that meter was not working; (ii) the meter son was referred on 1st September, 1996 to was installed on an electricity pole on the the ENT Specialist by Dr. Sikandar Hayat roadside and every time it was mentioned Khan, Medical Officer, Wapda, Hassan that the meter was dead stop there was no Abdal under his signatures and official seal, mention of the AT box; and (iii) it was not for throat operation as an emergency case brought on record whether the AT box was and he had fallen unconscious on account of found duly welded or broken. The stand of respiratory problems. Therefore, the ENT Wapda was that the AT box was also found Specialist, after examining him admitted and damaged. performed the operation. It was held that the The complainant maintained that he provision regarding reimbursement of medi- had made verbal reports a number of times cal expenses as admissible under the original whereas Wapda insisted that there was no Rules cannot be amended except by the complaint from the tenant/complainant and competent authority. It was accordingly they had acted on the complaint of the own- recommended that Mr. Rafaqat Ali, a poor er. The owner who had appeared in the hear- Naib Qasid be reimbursed the relevant med- ing on 5.5.1998 stated that she had twice ical expenses amounting to Rs.5,338 in- informed Wapda that the meter was going curred by him on the treatment. An imple- slow and eventually she made a written mentation report was desired within 30 days. report. It was only then that the Wapda of- ficers proceeded to check the meter. Complaint No. Reg. H/39/98 (Review) in The data of consumption of the other Reg. P/1734/97 houses in the locality including that of the Excessive Billing owner was also examined and it was found Maj. (Retd) Shafiq-ur-Rehman of At- that the sanctioned load in other cases was 1 tock had made a complaint earlier. He is a KV or maximum 2 KV. Whereas the sanc- tenant of Mrs. Tahira Gillani, owner of the tioned load of the house occupied by the premises. The complainant did not succeed complainant was 7 KV. Consumption of to prove his case earlier and hence submitted these houses and that of the complainant was a Review application, pointing out the new comparable for most part of the year. Record facts. It had been alleged against him that he of line losses in the Sub-Division was exam- tempered with the electricity meter during ined which showed losses from 3% to 13% the winter months. He stated that the same in the months of winter and summer respec- was prima facie wrong, as electricity is nor- tively, which only shows that the theft pat- mally stolen during the summer months. A tern persisted in the months of summer ra- check meter and the defective meter re- ther than winter as was being alleged against mained installed side by side and the final the complainant. reading did not show any appreciable differ- As a result of this complaint an Inquiry
CHAPTER - V: Representative Cases 138 was conducted by the Director (Investiga- have got dual checking mechanism in the tion) Wapda, Lahore. A comprehensive re- same meter i.e. digital and mechanical sys- port was submitted consequent to the same. tem. Principally, reading of both the systems It was recommended in the same that disci- should tally, but in case of variation more plinary action should be taken against the reliance can be placed on mechanical system SDO City Sub-Division Wapda, Attock for of the meter. The meter was changed and declaring meter No. 130247 of consumer fine was imposed. The Agency later on, Mrs. Tahira Gillani as dead stop which was imposed another fine, thus doubling the not the case and have charged Rs.21,144 charges. During hearing, the consumption of from her on account of detection bill. Disci- both factories was compared. No abnormal plinary action was recommended against the variation was observed. XEN stated that the Meter Reader City Sub-Division Wapda, seals and other MSS slips were intact. How- Attock, for not maintaining discrepancy ever, the wiring inside the meter was dam- register with him despite instructions of the aged. It was recommended that the consum- concerned SDO and noting down wrong er be charged as per actual meter reading, of reading, i.e. 60179 instead of 60152 units in mechanical system of the meter and further the month of March, 97 in respect of owner charged for 33% slowness of the meter for Mrs. Tahira Gillani. It had been recommend- one month. It was additionally recommend- ed that amount of detection bill Rs.21,144 ed that transformers and meters of all Ice charged wrongly be adjusted in the subse- Factories in the area as well as the province quent bill of Mrs. Tahira Gillani. This Secre- should be shifted outside the premises of the tariat entirely agreed with the findings of the consumers to avoid theft of energy. Inquiry; these would have been the same consequent to investigation by this Secretar- Complaint No. Reg. H/14368/97 iat as well. It was directed that the Findings Delay in Installation of Transformer should be implemented in the minimum Ex-Subedar Inayat Khan of Tehsil possible time. Takhtbhai, District Mardan complained regarding delay in installation of transformer Complaint No. Reg. P/1682/97 for supply of energy to his village. The then Unjust Fine Remitted MNA had allotted the required funds. Poles Mr. Gul Muhammad of Dargai, Mala- were installed but stringing work was not kand Agency complained that during the done and transformer was not installed. The start of summer, 1997 before resumption of Agency was asking the prospective consum- seasonal supply, his Ice Factory meter was ers to pay the transportation charges, who checked by M&T and found properly func- were not willing to do so. It was prayed that tional. Seals were installed. During checking the Agency be instructed to expedite com- after 2 months, the meter was found 33% pletion of the project. On referring the case, slow. Fine was imposed. The complainant the Agency stated that the then MNA had not also quoted the example of a neighbouring deposited the required sanctioned amount. Ice Factory, whose consumption was less. The local XEN argued that since installation He requested for correction of the bill. On of poles and work was not his responsibility, referring the case, the Agency reported that XEN Construction Division may be asked to the complainant has been charged for 33% submit a report. The complainant questioned slowness of the meter. It was brought on that if the amount was not sanctioned and record that the meters installed in factories deposited, how the poles were installed.
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Meanwhile, office of XEN ELR was dis- causing losses repeatedly. Load-shedding banded and the job was entrusted to the also caused stoppage of the factory for 46 XEN RED, who was directed to expedite hours. It was decided by the Agency that his completion of the project. factory and hospital would be connected to the town feeder in order to improve the volt- Complaint No. Reg. H/3234/97 age. Only poles were installed without Request of Refrain Wapda Authorities for stringing and energising. The Agency re- Shifting of Transformer from the Existing ported that two Ice Factories were being Location supplied electricity from Serai Naurang It was complained by two flour mill feeder and the other factory had no such owners/partners of District Bannu that Wap- complaint. Reason for low voltage in the da had shifted the transformer from a pole complainant’s Ice Factory was due to its adjacent to their premises to the centre of the location at the tail end of supply line. More village. The complainants requested that the so, the consumer was consuming energy Agency be instructed to re-shift the trans- more than the sanctioned load. Project for former to its original place where it was improvement in electricity had been sanc- installed 10 years ago. The Agency reported tioned under ELR scheme. It was recom- that consumers of village Pir Dil Khel, Ban- mended that the consumer be supplied ener- nu, complained of low voltage in the area. gy at the required voltage; also the consumer On completion of formalities, a high capaci- should also apply for enhancement of his ty transformer was installed to replace the load. existing transformer. On site checking, it was discovered that both the complainants Complaint No. Reg. H/1842/98 used to discontinue the supply of energy to Non-Payment of Rental Charges of Office the village and consume the entire energy in Building their flour mill especially during night. The Mst. Rasheeda Begum of Mianwali case was also referred to the Police by the stated that her house had been taken on lease Agency. The shifting of transformer was by Wapda and rent for the same for the last carried out by the Agency in accordance two years had not been paid. On reference, with technical criteria, in order to solve the the Agency reported that “due to acute low voltage problem of all the consumers of shortage of funds” the rent could not be the village. It was recommended that the paid. It was with the intervention of this complainants should request for supply of Secretariat that the Agency paid an amount energy of desired voltage instead of ordering of Rs.32,208 to the complainant on re-shifting of the transformer, to the previous 28.2.1998. site. When a copy of the Agency’s report was sent to the complainant, she wrote back Complaint No. Reg. P/88/98 to say that while she has received the Low Voltage Problem amount of Rs.32,208 for the period 1.4.1996 Mr. Shah Jehan Kundi of Serai Nau- to 28.2.1997, rent for the period 1.3.1997 rang, District Lakki Marwat stated that he onwards has still not been paid. She accord- was operating his Ice Factory at Serai Nau- ingly prayed that the rent for the remaining rang since 1978, Wapda was committed to period be paid at the rate of Rs.4,000 per supply electricity to the village continuously. month instead of Rs.2,928 per month. The voltage often dropped abruptly, thus In his report the Executive Engineer
CHAPTER - V: Representative Cases 140 did not indicate the rate at which the rent been sent to the Chairman/Chief Executive, had been paid nor did he indicate the period Faisalabad Electric Supply Corporation for which the amount of Rs.32,208 was paid. (FESCO) Faisalabad. The Chief Executive Moreover, the reason given for non-payment had sent it to the Wapda House, Lahore for of the rent was not justifiable. It was ob- approval of the move-over. served that it is a pity that the Agency is in The complainant had stated that he is occupation of the premises of a widow, hard-up, needs the pension for a living and without paying rent thereof. It was further requested for expediting the matter. It is observed that if the public authorities were unfortunate that the move-over due 8 years to occupy private citizen’s premises without back had been delayed. Expeditious action lawful authority and/or without paying rent took place with the intervention of this Sec- thereof, becoming trespassers and usurpers, retariat. The Agency was directed that the how would they be able to say to the citizens case of move-over in BPS-17 be decided as that they should abide by law and not com- early as possible and thereafter, recalcula- mit crimes against properties of the citizens. tions of retirement dues be made on the basis As such, it was directed that not only the of the approved move-over. amount of rent as per terms and conditions of the lease agreement should be paid forth- Complaint No. Reg. P/61/98 with to the complainant, but also it may be Unjust Demand of Arrears of Wapda ensured that so long as the property is in the after Lapse of 20 Years possession of the Agency, the rent is paid Mr. Sher Zaman of Batkhela, Malakand regularly and properly and no violation of Agency stated that his late father Habibullah the agreed terms and conditions occurs in was residing in a rented house approximate- future. Compliance report regarding the ly 27 years ago. The meter was installed in payment of rent upto the end of March, 1998 the name of the lessee. During 1972 the was desired within 30 days. complainant purchased his own house and electricity meter was installed on 15.3.1972. Complaint No. Reg. H/8807/98 The family shifted to Karachi in the same Delay in Payment of Service Dues Due to year and returned to their native home dur- Non-Sanction of Move-Over in Time ing 1995. On return, he was asked to pay Mr. Alamgir Khan of Mianwali had arrears of Rs.861 pending in the name of his retired from Wapda’s service on attaining the father, which the complainant paid. Later on, age of superannuation (60 years). He had not he was asked to make a payment of been paid pension and other dues. The rea- Rs.13,600, which he termed unjust. The sons being that he was entitled to move-over Agency submitted a report that the connec- from BPS-16 to BPS-17 on 1.12.1990 and tion was running in the name of deceased this matter was not settled until he retired on Habibullah during 1994. ERO was imple- 9.5.1998. mented and final notice issued for payment On calling a report, the Executive En- of Rs.11,161. Since it was a rented house, gineer, Mianwali, in whose office the com- various tenants occupied the house, but plainant had been working, reported that Wapda continued to issue notices for pay- after complying with all the requirements the ment to the person, who had vacated the case of the complainant had been sent to the house during 1972 and later on expired. The Superintending Engineer, Sargodha, the complainant produced documentary evi- immediate superior. Further, the case had dence to the effect that he purchased his own
CHAPTER - V: Representative Cases 141 house and meter was installed during March, Complaint No. Reg. H/12683/97 1972. Yet he was charged for the previous Illegal Connection of Electricity with the rented house in which the meter was in- Connivance of Wapda Employees stalled in name of his father. It was recom- Mr. Feroze Khan of Serai Alamgir, mended that payment shall be recovered District Jhelum stated that he rented out his from the actual occupants as well as actual shop to one Mr. Muhammad Rafiq. There consumers. was no connection of electricity in the shop. Mr. Rafiq got an illegal connection from the Complaint No. Reg. H/19149/97 neighbouring shop with the connivance of Alleged Disconnection of Electricity of the Wapda employees. The matter was brought Entire Village Due to No-Payment of Bills to the notice of the authorities concerned, by Consumers but to no avail. When confronted with the Mr. Muhammad Siddique of Ghotki, complaint, the XEN(E) reported that the Sindh stated in his complaint that he has a illegal connection was disconnected. The small domestic industry and has been a suf- complainant was apprised of the position as ferer because if a few bills of some consum- stated by the XEN. He refuted the report. ers are outstanding the supply of the whole The matter was then brought to the notice of village is disconnected. He stated that the the Chairman, Area Electricity Board same results in a loss to his small means of (AEB), Wapda, Islamabad but there was no earning. He prayed that default on the part of response to the reference. The case was one or the two consumers should not result fixed for hearing. The SDO(E) Wapda, Rajar in disconnection of electricity supply of the submitted XEN’s second report stating that whole village. the supply of electricity to the tenant was On taking up the matter with the Agen- discontinued on 28.5.1998 and that the SDO cy it reported that the petitioner is a domes- was directed to keep strict watch over the tic consumer of electricity, however, he is tenant and if he got the supply reconnected using it for industrial purposes; in his house energy meter be removed from the site. The there is a small Atta Chucki operating. The complainant was still not satisfied with the Agency replied that the complainant was reported position. However, he received the warned, on which he made the present com- report with a heavy heart. He was assured plaint. The Agency denied that it ever dis- that if the position as reported by the XEN connected electricity of the whole village was proved false, the XEN/SDO would have due to non-payment of a few consumers. It to face the consequence of the fictitious assured that supply of the defaulters only is report. The complaint was disposed of ac- disconnected. cordingly. However, the Chairman AEB was When a rejoinder of the complainant asked to take appropriate steps to avoid was called, he still reiterated his position and recurrence of such a situation in future. requested that a direction be given to Wapda not to indulge in such a practice. Complaint No. Reg. H/76/97 Accordingly, the Agency was directed Medical Facilities from Part-time Doctor to ensure that supply of only such consumers Mr. Ghulam Ali Abbas, Ex-Audit As- is disconnected who have defaulted in pay- sistant complained against Wapda for dis- ment. crimination in allowing medical facilities from a part-time doctor at Gujrat. He stated that an Ex-Deputy Director (Recovery)
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Wapda, Lahore was allowed medical facili- Complaint No. Reg. H/19441/96 ties from the Medical Officer, Wapda, Guj- Unjust Installation of Transformer in the rat. He requested that he may also be al- Land of the Complainant lowed medical facilities from the medical Mst. Fatima Jan of Aliot, Tehsil Mur- officer, Gujrat. On a reference, the Agency ree, District Rawalpindi complained against submitted that the complainant’s request was Wapda for installation of a transformer in not admissible under Wapda Medical At- her land. She sought help in the matter. The tendance Rules, as he was entitled to avail complaint was referred to the Agency for medical facility at the Wapda dispensary, comments. It was reported that a 50 KVA Wazirabad. The Agency was asked to clarify transformer was installed for telephone ex- the Rules position in so far as it related to change on the existing 11 KVA line and that the Deputy Director, referred to above. It the land of the complainant was not involved failed to justify the grant of medical facili- in the installation. When provided with the ties to the Deputy Director in relaxation of Agency’s report the complainant refuted the the rules/instructions. This indicated that the reported position. The case was then fixed treatment given to the complainant in the for hearing. The SDO(E) Wapda, the SDO matter of medical facilities was discrimina- (Telephones) and the representative of the tory in nature and needed to be rectified. It complainant participated in the hearing pro- was therefore directed that the complainant ceedings. The SDO (Telephones) stated that and his family members be allowed to avail on application for grant of power connection medical facilities from the Medical Officer, for their Aliot Exchange the Agency in- Wapda, Gujrat on the analogy of the case of stalled a 50 KVA transformer on 11 KV the said Deputy Director (Recovery). The structure which already existed in the land of complainant gratefully confirmed the im- the complainant. He assured that the Tele- plementation of the findings of the Agency. phone Department would have no objection to the shifting of transformer to some other Complaint No. Reg. H/4055/98 place. The SDO(E) Wapda stated that an Non-Removal of LT Wires Passing Over expenditure of Rupees ten to fifteen thou- House sand would be required for shifting of the Mr. Muhammad Walayat of Village transformer. Since the complainant was in Kasyal, District Jhelum complained against no way at fault, it was decided that the im- Wapda for non-removal of LT wires passing pugned transformer be shifted to some other over his house. The complaint was referred place at the expense of the Agency. While to the Agency for comments. It was re- confirming the shifting of the transformer, sponded that the Village Bogi Chak was the complainant expressed her gratitude for electrified in 1995 by the Rural Electrifica- the relief provided to her in pursuance of the tion Sub-Division, Rawalpindi. During exe- intervention of this Secretariat. cution of work, one LT pole was installed at the wrong location, due to which LT wires Complaint No. Reg. H/10704/97 were crossed over the house of the com- Low Voltage Problem. Failure to Start plainant. However, the impugned LT pole Renovation Work Despite Its Approval was shifted and the LT line passing over the Syed Altaf Shah complained against complainant’s house was removed. The Wapda for non-execution of approved work complainant confirmed the position. The order to remove low voltage problem of case was closed as having borne fruit. Mohallah Azad Shah, Dina, District Jhelum.
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The complaint was taken up with the Agen- which besides being governed under domes- cy. It was reported that the poles were shift- tic tariff was a part of tube-well connection ed to the site of work, but the councillor and with the same account number. In April, other residents of the area did not allow the 1995, general connections were made per- erection of poles according to the approved missible with certain conditions, so that plan. They insisted that the poles be installed available surplus capacity in a tube-well from other route, which was not possible. In transformer could be utilised. However, in the circumstances, the complainant was February 1996, the facility was withdrawn advised to seek co-operation of the residents and orders were issued that it would no who threw a spanner in the work. The Area longer be admissible to allow general con- Electricity Board, Wapda, Islamabad was nections from an independent tube-well also advised to take measures for being able transformer. The XEN applied these instruc- to execute the said work to redress the genu- tions in the case of the complainant who had ine grievances of the residents. The Agency already held his independent transformer. It implemented the findings. was therefore directed that since the com- plainant did not fall in the category of gen- Complaint No. Reg. H/24768/97 eral applicants, domestic connection be Non-Issuance of Demand Notice for allowed to him with his independent tube- Domestic Connection well transformer. The Agency provided Mr. Imam Din of Hijka Sharif, Tehsil connection to the complainant. Bhalwal, District Sargodha complained against Wapda for non-issuance of demand Complaint No. Reg. H/19414/97 notice for domestic connection. The matter Unjust Removal of Energy Meter Despite was taken up with the Agency. It was report- Payment of Bills ed that there was installed a tie-up meter Chaudhry Nisar Ahmad of Tehsil So- under domestic tariff for the purpose of light hawa, District Jhelum complained against in the compartment of motor of the tube- Wapda for excessive billing and removal of well of the complainant. The tie-up meter his meter despite payment of bills. Having was removed in pursuance of Wapda instruc- had no relief, the complainant sought inter- tions and light units began to be charged @ vention of this Secretariat for the redressal of 3% of the consumption recorded by the of his grievance. motor of the tube-well. It was stated that The Agency was called upon to meet after removal of the tie-up meter, the com- the allegations contained in the complaint. plainant applied for domestic connection There being no response to the reference, the from his independent transformer of tube- case was fixed for hearing. The parties ap- well, which was not possible as Wapda had peared on the appointed date and the matter withdrawn the facility of general connec- was discussed threadbare. It emerged that tions from independent transformer of tube- the Meter Reader recorded in the Kalamzoo well. that the consumer was using energy from the On facts of the case the contention of domestic meter in a private school. The audit the XEN was not tenable. Under previous observed this irregularity and highlighted it instructions of Wapda, tube-well connections in the inspection report of the XEN(E) Wap- of 15 HP and above were given supply da, Gujar Khan. The Audit also worked out a through an independent transformer installed sum of Rs.7,855 being difference of tariff. at a tube-well in the name of the owner, The Consumer Services Officer charged the
CHAPTER - V: Representative Cases 144 amount to the consumer who contested the reported that the Surveillance Team headed charge and explained the position to the by the SDO checked the consumer’s premis- SDO. The latter objected to the action taken es and found that the seals of the meter were in the matter and observed that the CSO suspicious and the terminal block was burnt. neither got the position confirmed from his Therefore, a notice was issued to the con- office nor did he get formal approval of the sumer for explaining his position in this XEN for charging the impugned amount in regard. On expiry of the notice a detection the energy bill of the complainant. He rec- bill for Rs.1,586 was charged to the com- ommended to the XEN that the audit note plainant who paid it. When apprised of the may be withdrawn to settle the complaint. Agency’s report, the complainant did not The XEN referred the matter to the audit. An accept the reported position. According to audit officer was deputed to review the case him, neither the seals of the meter were in the light of relevant record. The officer suspicious nor was the terminal block burnt. verified the record and reported that alt- Besides, the matter was not referred to the hough there was found no school at the site, M&T Department to get the accusation of the record of the meter reader showed that theft confirmed. He started that the sanc- the complainant had used energy from the tioned load was 1.172 KW but the Agency domestic meter. During the course of hear- charged him on the load of 3.00 KW. He ing, the SDO submitted that he personally said that he paid the bill for fear of discon- checked the site and found no discrepancy nection of electricity. regarding the premises being used as a On facts of the case, the Agency failed school and that the neighbours also told him to prove the genuineness of its contention. It that there was no School in the premises of is a common experience that detection bills the complainant. are mostly served to the consumer merely on On facts of the case, it was considered suspicions of theft. It is not ensured whether that the remarks of the Meter Reader were stealing of energy has been committed or is given pivotal position in the whole affair. being committed. In all fairness, no detec- Neither on-site investigation was made on tion bill should be debited to a consumer’s time, nor, any proof was adduced of the account only on the plea of seals being bo- commercial use of domestic energy. It was gus, suspicion or tampering, unless dishon- held that the charging of difference of tariff est abstraction of energy is established, with was without cogent basis. It was therefore the help of a check-meter, or, testing with directed that the detection bill charged to the the appropriate testing equipment. The complainant be withdrawn and his domestic Agency did not take up the matter with its meter be installed without charging any testing Department to ensure the factual reconnection fee. position. It simply charged a detection bill on the plea of suspicious seals of the meter. Complaint No. Reg. H/8304/97 It was therefore directed that the detection Unjust Issuance of Detection Bill bill be withdrawn. Mr. Bashir Ahmad of Kaloor Kot, Dis- trict Bhakkar complained against Wapda Complaint No. Reg. H/24073/97 regarding issuance of an unjust detection Delay in Payment of Dues to Her Late Son bill. On failure to get relief the complainant Mst. Irshad Begum of Village and PO sought help in the matter. The case was tak- Bhaun, Tehsil and District Chakwal com- en up with the Agency. In response, it was plained that her son was working as Line
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Superintendent in Wapda, he expired on Complaint No. Reg. H/21642/97 12.2.1991 and she has not received his GP Removal of the Fault of Street Lights Fund and other dues. She requested that Mr. Amanat Ali Ansari stated that street Wapda may be asked to finalise the case at lights in Sector G-8/4, Islamabad are not the earliest. On taking up the matter, the functioning properly. He requested that Agency informed that complainant’s son Wapda be asked to repair the same. The Zulfiqar Ali, Line Superintendent was re- matter was taken up with Wapda. They stat- moved from service due to misconduct. ed that necessary material has been provided Subsequently, Federal Service Tribunal and street lights have been replaced. Wap- converted the punishment of removal from da’s report was sent to the complainant. In service into compulsory retirement. Wapda response, he state that street lights had been filed an appeal to the Supreme Court of replaced by Wapda, but after one week the Pakistan against the judgement of Service area was again in dark. When Wapda offi- Tribunal. The Supreme Court remanded the cials were contacted, they informed that appeal of the Service Tribunal for reconsid- during the construction of a T&T dispensary, eration of the case. As a result of post- Wapda cables were damaged. It was assured remand hearing, Service Tribunal dismissed that the cables will be repaired in due the appeal and restored the penalty of re- course. moval from service. Subsequently, Mr. The Agency was directed to repair the Zulfiqar Ali expired on 12.2.1991. Accord- damaged cables immediately and restore ing to the Wapda’s pension rules, the official street lights of the locality. It was further who is removed from service is not entitled directed that subsequently, PTCL may be to any pension and other benefits, Thus, no asked to fix the responsibility of the damage pension was allowed to Mr. Zulfiqar Ali. done to Wapda’s cables. Compliance was After his death, his mother, the complainant desired within 30 days. applied for GP Fund and other benefits of her deceased son. It was stated by the Agen- Complaint No. Reg. H/5005/98 cy that her case was under process. Delay in Payment of Bills Unfortunately, the complainant also Mr. Nisar Akbar of Minhas Traders, died during pendency of the complaint. GP Islamabad stated that he had supplied some Fund and other benefits were now due to be stationery to the Federal Flood Commission granted to the legal heirs of the deceased, as and an amount of Rs.31,222 had not been and when they submit their claim, with req- paid to him against the same. On taking up uisite documents to Wapda. The legal heirs the matter with Ministry of Water and Pow- were advised to do the needful. At the same er, it reported that the amount in question time, the Director (Administration) Area was drawn from the State Bank of Pakistan Electricity Board, Wapda, Islamabad was by ex-cashier Mr. Gohar Ali Bukhari, who directed to find out the heirs and pay the did not disburse the amount. He embezzled dues to them. It was observed that the Agen- this amount alongwith other amounts, total cy should realise that the widow had expired of which comes to Rs.640,000. The case had waiting for the dues on account of callous been with FIA. Meanwhile, Ministry of attitude and inefficient working of the Agen- Water and Power had been asked to allow cy. A report was desired within two months. re-appropriation from the head of account “Establishment Charges” to the relevant head, so that payment could be made to the
CHAPTER - V: Representative Cases 146 parties concerned. Subsequently, Federal directive issued by the General Manager Flood Commission informed that Ministry (Distribution) Wapda in 1985 that billing to of Water and Power did not agree with their consumers on “Estimated-Defective” be proposal for re-appropriation. stopped. It was recommended that the previ- The matter was discussed with the ous bills during the defective meter period concerned officials. Re-appropriation from be revised/corrected on the basis of current “Establishment Charges” is not allowed average consumption and the overcharged under Financial Rules. It was observed that amount be refunded/adjusted through future the parties cannot wait for the outcome of bills. FIA’s investigations which may take a long time to finalise. It was therefore directed that Complaint No. Reg. H/6984/98 the Ministry of Water and Power and Minis- Non-Implementation of Orders of try of Finance may examine the case in Government in Appointment of Her Son depth and allow re-appropriation to Federal in Place of Her Deceased Husband Flood Commission from the head of account Mst. Hafeez Khatoon residing in a “Delegations Abroad”, or, any other appro- village in Tehsil and District Mianwali stated priate head, so that these long outstanding that her husband (Mr. Khan Muhammad amounts are paid to the parties at the earli- Khan) who was a Security Guard in Wapda est. Compliance was desired within 60 days. died on 20.11.1996, leaving four sons and three daughters. She had no other source of Complaint No. Reg. H/21324/97 income. In 1997 she applied for the em- Excessive Billing ployment of her son Mr. Shafaullah in ac- Mr. Muhammad Yaqoob of Bhakkar cordance with Government Notification No. stated that the energy meter installed at his SOR-III-2-42/92 dated 28.3.1993, providing one-room house was declared defective by the facility of appointment in such cases. meter reader in August, 1993. He had been The complainant had been informed that charged average units on defective meter there is a ban on fresh recruitment and her basis for 4 years till July, 1997, when his son should apply after lifting of the ban. The meter was replaced. The bill for September, complainant agitated that the same is a vio- 1997 amounted to Rs.23,327 (4659 units) lation of the above reported Notification which was beyond his reach. He demanded dated 28.8.1993, which specifically provides that the overcharged amount during the that “ban on recruitment is not applicable defective meter period be refunded. The against the child of deceased government Agency admitted that the meter remained servant”. She stated that the XEN had even defective from January, 1995 to August, appointed one Mr. Atta Muhammad against 1997 and the complainant was charged for the employees son’s quota; as such, the 146 units per month as average units on Agency had also committed discrimination. defective meter basis, but the actual con- She prayed for the appointment of her son sumption was much more than the units against the quota of deceased employees. charged. A hearing was held. During the On calling a report from the Agency it same, it was observed that the Agency has stated that the Authority had imposed a ban committed maladministration by not replac- on fresh induction vide decision of ing the defective meter for over 4 years. The 23.8.1997. Examination of the matter re- complainant was charged on average basis vealed that Mr. Shafaullah, the complain- for a long time in non-compliance to the ant’s son, had filed his application on
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30.3.1997 and hence Authority’s decision of Wapda be asked to shift the pole to a proper 23.8.1997 was not applicable in his case. At place. The matter was taken up with Wapda. the time of his application, the Notification There was no response. A hearing was held of 28.8.1993 still held the ground. There was on 26.2.1998. Wapda’s representative agreed also the precedent of appointment of one Mr. to shift the pole to a proper place. Subse- Atta Muhammad. It was therefore recom- quently, he confirmed on telephone that the mended that the complainant’s son be ap- pole has been shifted to a proper place. The pointed in accordance with the Government complainant also confirmed that the pole had Notification No. SOR-III-2-42/92 dated been shifted from his main gate. Problem of 28.8.1993, as it stood before the Authority’s the complainant was thus solved. decision of 23.8.1997. Compliance was desired to be reported within a month. Complaint No. Reg. H/694/98 Irregular Supply of Power Complaint No. Reg. H/22119/97 Haji Abdul Hameed and other com- Payment of Bill plainants of Lakki Marwat stated that they Mr. Muhammad Ali of Motor Body were being supplied energy from the Subur- Makers of Rawalpindi stated that he had ban feeder, whereas their close neighbouring prepared new truck bodies for Wapda in localities were being fed from the city feed- August, 1996. He complained that payment er. The transformer was also located inside of Rs.79,900 on this account had not been the house of a consumer, which made the made to him so far. He requested that Wapda repairs, inspection and checking of the trans- be asked to expedite the payment. On taking former difficult, especially during night. up the matter the Divisional Manager (E), During a hearing, it was observed that Mo- Construction Division, Wapda, Islamabad he hallah Gul Wali Abad District Lakki Marwat stated that he had sent a demand for release was supplied from the village feeder, where- of funds amounting to Rs.79,900 to the Gen- as the two other localities were supplied eral Manager (Finance), Wapda House, La- from the city feeder. Technically, it should hore. He indicated that payment will be not have happened. All the three areas made to the complainant as soon as funds should have been connected to one feeder. It are released. was recommended that the transformer shall The General Manager (Finance), Wap- be shifted outside the premises of the con- da House, Lahore was directed to examine sumer and all the three areas should be con- the case and release funds amounting to nected to one feeder. Rs.79,900 so that payment which is due since long is made to the complainant ur- Complaint No. Reg. Q/23/98 gently. Compliance was desired within 30 Refusal to Enhancement of Rent days. Begum Tajuddin of Quetta, a widow complained against Wapda and stated that Complaint No. Reg. H/15345/97 she let out her building to Wapda, but while Request for Shifting of Pole vacating it the Agency failed to make pay- Dr. Muhammad Latif Virk, Secretary, ment of rent on enhanced rate of 25%. The University Grants Commission, Islamabad building was hired for the office of the Rev- complained that Wapda had erected an elec- enue Officer Wapda, Quetta in 1988. The tric pole in front of the main gate of his Agency was paying rent at the rate of house which was illegal. He requested that Rs.12,315 p.m. upto November, 1996. The
CHAPTER - V: Representative Cases 148 complainant stated that an increase of 25% not agree with the Agency’s arguments in his was due over the previous rent after expiry rejoinder. The Agency was directed to final- of the last lease agreement. She stated that ise the pension case of the complainant accordingly the rent from 16.11.1996 to without any deduction because at the verge 15.8.1997 should be paid to her @ of retirement it is quite unjustified as no Rs.15,395 p.m. verification was done in this respect during The Agency insisted that as the build- the service of the complainant. It was ob- ing stood vacated hence no payment on served that as such why he should suffer due enhanced rate can be made. A hearing was to the negligence of those who granted him held and record was examined. The same increments during service. revealed that the Agency had been making payment to the complainant at 25% en- Complaint No. Reg. Q/11/98 hanced rate after every three years, but for Unjust Delay of About Two Years to the last three years she was not paid rent on Provide Electricity Connection further enhanced rate. She had approached Mr. Nadir Khan of Quetta complained the Agency and claimed the same on against delay in providing electricity con- 15.11.1996, when her premises were still in nection to him since 15.10.1996 in spite of occupation of the Agency. The premises the fact that he had deposited the required were vacated on 15.8.1997. Hence, the amount against the demand note. Interven- Agency’s stand was held to be unjustified. It tion of this Secretariat resulted in providing was therefore recommended that rent with electricity connection to the complainant, 25% increase may be paid to the complain- who gratefully confirmed the relief. While ant w.e.f. 16.11.1996 to 15.8.1997. The closing the case, the Chairman Area Elec- complainant also stated during the hearing tricity Board, Wapda, Quetta was advised to that her telephone was also in use of the take serious notice of the matter, in order to Agency and payments of bills thereof were avoid such delays in future. outstanding against it. The Agency was also directed to pay the telephone bill upto Complaint No. Reg. H/2190/98 15.8.1997. Compliance was desired within Discrimination in Payment of Dues 30 days. Incurred During Service Haji Noor Aslam, presently residing in Complaint No. Reg. H/23856/97 Village Dalo Khail, Tehsil and District Lakki Payment of Pension and Service Dues Marwat, a retired employee of Wapda, sub- Mr. Nazir Ahmed of Quetta, a retired mitted a complaint levelling allegation Stenographer of Wapda complained that he against his XEN stating that he stopped the retired on 3.9.1997 but the Agency on one payment of bills of all his subordinates. His hand had not settled his pension case and on successor cleared all the dues of all his sub- the other hand it intended to make recovery ordinates except the complainant, who had from his service dues on the plea that five retired by then. The concerned SE returned increments granted to him during service the bills being time-barred. The complainant were not accorded as per rules. He argued requested for issue of direction to the Agen- that this deduction from his service dues is cy to pay him the dues, on account of pur- unjustified. The Agency pleaded the case for chase of stores made by him, while working deduction of the amount of five increments as Incharge of a Grid Station in Lakki Mar- on the basis of rules, but the complainant did wat. The present XEN reported that his pre-
CHAPTER - V: Representative Cases 149 decessor did not hand over the bills at the Mirpurkhas stated that they have been pay- time of handing/taking over of charge. The ing electricity bills regularly, which have former XEN was contacted at Tarbela, who been given to them without actual meter stated that it was his responsibility to check readings. They stated that the meter reader and scrutinise all claims in accordance with has not visited the village for the last few the laid down procedure. The bills of the months and bills with fictitious readings on complainant were rejected as the prescribed the high side are being sent. The complain- formalities were not observed. The stores ants found it difficult to pay these excessive were purchased without prior approval of the bills and they took up the matter with the competent authority, with whom no fund SDO who wrote to the Revenue Office for were available under the relevant head. The correction of bills. This was not done, sub- case was recommended to the Chairman, sequent to which the outstanding amounts AEB to deal the matter in accordance with were increasing and in case of non-payment the rules of the department. the late payment surcharges were being added. The complainants requested that the Complaint No. Reg. H/17759/97 Agency be asked to send bills in accordance Non-Grant of Annual Increment for the with the actual readings. Period from 12/94 to 12/96. Request for As a result of intervention of this Sec- Revision of Pension retariat the Agency took note of this situa- Mr. Muhammad Amin Khan residing in tion. The SDO visited the village personally Lakki Marwat, a retired employee of Wapda and admitted that bills were being sent on complained that annual increments for the average basis. In four cases however, meters years 1994, 1995 and 1996 had not been were found to be tampered. Examination of given to him. He pleaded that his pension this complaint revealed that the problem of needs to be revised on the basis of the same. billing of small villages scattered throughout The matter was taken up with the Agency Rural Sindh is acute. The meter readers and the complainant’s rejoinder was ob- deployed for the work generally fail to take tained on the Agency’s report. The com- regular monthly readings. They do not visit plainant stated that he was in BPS-9 and the premises and supply fictitious readings therefore his pay should have been fixed at which are at times in excess of the actual Rs.2,866 on 1.12.1994, Rs.2,363 on readings. It was also found that some meter 1.12.1995 and Rs.3,060 on 1.12.1996. He readers were involved in mal-practices. It requested that his pension should be revised was emphasised on the Agency that it should on the same basis. A hearing was fixed, exercise strict control on this situation, on a which was attended by the Executive Engi- continuous and regular basis; surprise neer, Wapda, Mianwali. On examining the checks by senior officers should also be matter, the XEN agreed with the plea of the undertaken. complainant. It was directed that needful for revision of pension should be done within a Complaint No. Reg. H/8091/97 month at the latest. Wrong Billing Mr. M. H. Shabab, Incharge (Admin. & Complaint No. Reg. H/14791/97 Finance), Academy of Educational Planning Wrong Billing & Management, Ministry of Education, Mr. Akhtar Hussain and five other Islamabad complained that Wapda had sent complainants of Tehsil Digree, District excessive bills in respect of their office. He
CHAPTER - V: Representative Cases 150 requested that Wapda may be asked to cor- Wapda never cared to send correct bills. The rect the bills. On taking up the matter with disputed period spreads over 10 years. It was Wapda it stated in its report that the meter at held that it would not be fair to charge aver- the premises had become defective. Hence, age consumption from the Academy for the the office was charged on sanctioned load entire disputed period. The responsibility basis for the period from February, 1996 to should be equally shared by both agencies. August, 1996 and the meter was replaced. In view of the same, Wapda was directed to However, 50% amount of the arrears paya- charge average consumption of 4,046 units ble has been set aside. It was stated that per month from the Academy for the period consumption trend of the new meter will be from January, 1992 to January, 1997. It was observed, after which the case will be decid- directed that revised bill may be issued to ed. the Academy accordingly. A hearing was held. It was observed that actual reading had not been recorded by KARACHI ELECTRIC SUPPLY Wapda since 1986 when the meter was in- COMPANY (KESC) stalled for the first time. Estimated bills were sent to the Academy. Being a Government Complaint No. Reg. H/20539/97 Department, no one bothered about the cor- Frequent Electric Breakdown and Also rectness of the bills and payment was made Abnormal Fluctuation of Voltage to Wapda regularly. It was in October, 1995 Mr. Muhammad Aslam Khan, Advo- that it was discovered that the meter was cate of Karachi complained against the fail- defective. The meter was replaced in Janu- ure of KESC to take remedial measures on ary, 1997. The new meter indicated an aver- account of power disturbances, such as elec- age consumption of 4,046 units per month. tricity breakdown, abnormal voltage fluctua- Wapda’s representative stated that this con- tion etc. On taking up the matter with the sumption may be charged from 1986 to 1996 Agency it took corrective measures to miti- because the meter had remained defective gate the sufferings of the residents of the since its installation. The complainant stated area. The following action was reported by that it is not fair to presume that the meter the Agency in this respect: was defective since its installation in 1986. It i) Load balancing and alteration of was in October, 1995 that it was discovered circuits. that the meter was defective. The complain- ii) Replacement of DB bases of the ant pleaded that average consumption may PMT with new ones. be charged from October, 1995 (when meter iii) Pruning of Trees adjacent to cir- became defective) to January, 1997 (when cuit feeding to Block-I from the meter was replaced). Wapda’s representative PMT. insisted that average consumption should be iv) Approval of a proposal to install a charged from 1986. new PMT in the area. To achieve It was observed that it is not possible at this end necessary material is be- this belated stage to determine the exact date ing procured. when meter became defective. Apparently, In his rejoinder the complainant con- this is a clear example of careless attitude of firmed that action as per above had been the two Government Agencies. The Acade- taken, except that a new PMT is to be in- my never cared about correctness of bills stalled. The Agency was directed to install and continued to pay wrong estimated bills. the same within 30 days.
CHAPTER - V: Representative Cases 151
Complaint No. Reg. K/1552/97 amounting to Rs.135,000 paid by them. On Delay in Providing 3 Phase Connection this, the KESC advised that the receipt of Despite Completion of All Formalities Sales Tax may be presented, subsequent to M/s Khaliq Dad Khan and two other which the amount can be refunded. complainants of Karachi stated that they Consequent upon registration of this applied to the KESC for three Phase electric- case in this Secretariat’s Regional Office, ity connection, for which according to the Karachi, the matter was settled between the procedure they had paid the expenses in complainant and the KESC and the com- 1996. Necessary test reports had also been plainant firm acknowledged the receipt of given. In spite of the same, the KESC has payment of Rs.1,972,382.51 from KESC. It failed to provide the requisite connection. was further recommended as follows: KESC had received payment from the com- i) KESC shall reimburse the amount plainants for the cost of material already. It of extra Sales Tax after getting the was observed that it was unfair on the part of required formalities completed, as KESC to collect the payment and still not promised by them. provide the connection. It was directed to ii) KESC shall also consider the re- provide a Three Phase connection to the lease of remaining amount of complainants within 30 days. Rs.1,073,000 (if due), as intimat- ed by the complainant, subject to Complaint No. Reg. K/2392/97 production of contract-wise prop- Stoppage of Supply of Caustic Soda er bills. Liquid on the Alleged Grounds of Contamination and Withholding Complaint No. Reg. K/2788/97 A firm of Karachi was supplying Caus- Excessive/Wrong Billing. Non-Response tic Soda to KESC. They complained against to Complaint the stoppage of supply by KESC on the Mst. Iqbal Begum of Karachi com- fabricated grounds that material supplied plained against KESC regarding excess was contaminated. KESC had placed an recovery and wrong billing and non- order for supply of 700 metric tonnes of response to her complaint. She stated that Caustic Soda. At the point when the firm had there was a shop in the ground floor of her already supplied about 500 metric tonnes for house, in which only one fan and two tube- Bin Qasim and Korangi Power Stations it lights were being used. Thus only 10% of was stopped from supplying further quantity electricity was being used for commercial of the material on the aforementioned allega- purposes but the KESC was charging at tion. commercial rate for the whole building. On taking up the matter with KESC it Consequently, KESC had given a bill for stated that the complainant firm supplied 1,200 units per month on the average. Her Caustic Soda of lower standard, much below efforts with the Agency to correct the situa- the required standard of 48 to 50%. They tion had failed. alleged that a secret compartment was dis- On taking up the matter with the Man- covered in the tanker which carried water aging Director, KESC it was intimated that and the supply was also short at times. The an inspection was carried out and it was complainant firm vehemently denied the found that the ground floor of the premises allegations. At the same time it requested for was a godown. It was reported that five reimbursement of enhanced Sales Tax tube-lights and three fans were being used at
CHAPTER - V: Representative Cases 152 the time of inspection. The first floor was Complaint No. Reg. K/120/97 being used partly for residential purpose and Billing on Average Basis Despite partly as an office. There was one meter Recording Meter Reading. Inattention on installed for the whole premises. A hearing Complaints was held. It was established that it is wrong Dr. Aslam Farooqi of Karachi com- on the part of the KESC to charge the whole plained of wrong billing on average basis. building on commercial rates. The com- He complained that this had been going on plainant had already applied for a separate for the last three years. Meter readings are meter for the office. It was agreed that after recorded but bills were sent @ 765 units per installation of the meter and based on load month. Suddenly, it was raised to 1,500 units calculations and assessment of consumption per month without assigning any reason. On of electricity used separately for commercial calling a report, KESC reported that upto and residential purposes revised bill will be September, 1994 bills were sent as per meter prepared from 1996 onwards. The Agency reading noted as 59,994. Due to computer was directed to finalise the matter within error from October, 1995 to May, 1996 bills two months. on average basis were sent @ 765 units per month. As per reading records from October, Complaint No. Reg. K/2872/97 1995 to January, 1997, 22,823 units were Excessive/Wrong Billing consumed. This amounted to a bill of Mr. Yazdani Zia of Karachi stated that Rs.71,353. After deducting the payments he received correct bills upto August, 1996 made, the petitioner was liable to pay when the meter reading was 23,171. In the Rs.56,476. consequent month the bill was not received From the records it was found that the and the next bill with meter reading 32,701 last normal bill was issued in March, 1994. was for an amount of Rs.44,174. He alleged It showed consumption of 1,316 units. The that when he contacted the KESC Office he meter sheet did not tally with the meter read- was not properly dealt with. ings shown on subsequent bills. The reading On calling a report from the Agency it in March, 1994 was found to be 56,924. stated that the electricity meter had been KESC was directed to bill the petitioner tampered and faulty meter report was issued, from the reading of 56,924 upto the present advising the meter department to replace the readings. It was also directed that the net metering equipment. The meter was thus amount should be charged, giving slab bene- replaced in April, 1997. Investigation of the fit and the complainant be allowed payment complaint revealed that there was no dispute in reasonable instalments, if required. upto August, 1996. It was later on, when the complainant received the bill on the high- Complaint No. Reg. K/3153/97 side that his grievances arose. The previous Non-Response to Request for Issuing Bills consumption of the complainant was evalu- without Inclusion of Arrears Amounting ated and it worked out to 1,347 units per to Rs.73,147 which were Disputed month on the average. This was based on his Mr. Zahid Hussain Khan of Karachi consumption from February, 1995 to August, had purchased a house with electricity 1996, which covers both winter and summer charges arrears of Rs.73,147 left unpaid by period. KESC was advised to bill the com- the previous owner. He kept on pursuing the plainant for the disputed period on the basis previous owner to pay the amount but, find- of this average consumption. ing no response from him, the complainant
CHAPTER - V: Representative Cases 153 deposited the arrears in order to avoid dis- revealed that the complainant had in fact connection. The KESC, however, transferred paid an amount of Rs.55,350 which were the credit of this amount to the new address wrongly transferred to the credit of the pre- of the previous owner and asked the com- vious owner at her new address along with plainant to pay the arrears once again. He the amount of relief provided by Wafaqi requested for intervention. Mohtasib. The payment receipt of this On taking up the matter with the Agen- amount was in possession of the complain- cy it denied that the complainant had made ant. The Agency was, therefore, directed to any payment and reported that the credit credit the amount of Rs.55,350 in the billing entry in question was made in compliance account of the complainant. It was further with Wafaqi Mohtasib’s Order passed on a directed that the subsequent arrears accumu- separate complaint filed by the previous lated due to mistake by the Agency should owner. As such, the credit entry was trans- be recovered from the complainant in three ferred to the previous owner at her new instalments. address. Detailed investigation of the case
CHAPTER - VI
THE OFFICE
he Headquarters of the Wafaqi Moh- Investigating Staff tasib (Ombudsman)’s Secretariat are Officers strength T located at a central place, i.e. Zero Headquarters, Islamabad 17 221 Point, Islamabad. Its four Regional Offices Regional Office, Lahore 16 92 are located at the four Provincial Headquar- Regional Office, Karachi 11 65 ters. These offices are located at: State Life Regional Office, Peshawar 5 37 Building, 3rd Floor, 15-A, Davis Road, Regional Office, Quetta 1 10 Lahore; F-49, Block 8, Kehkashan, near Total: 50 425 Clifton, Karachi; Bungalow No. 114-A, Shami Road, Peshawar; and Barganza Villas, Office Accommodation Qaddafi Street, Link Zarghoon Road, Quet- The Headquarters at Islamabad is lo- ta. cated in the Benevolent Fund Building. By their courtesy, no rent is being paid for this Personnel Strength accommodation at the moment. All the four A list of officers working at the five Regional Offices are housed in rented build- offices is given in Appendix IV. There are 50 ings, for which monthly rent is being paid as Investigating Officers dealing with com- below: plaints. The total strength of supporting staff Regional Office, Lahore Rs. 105,531 p.m. including Stenographers, Stenotypists, Assis- Regional Office, Karachi Rs. 60,500 p.m. tants, Clerical Staff, Drivers, Naib Qasids, Regional Office, Peshawar Rs. 25,000 p.m. Chowkidars etc. in the five offices is 425. Regional Office, Quetta Rs. 9,100 p.m. The details are given below: Total: Rs. 200,131 p.m.
CHAPTER - VI: The Office 155
For the Headquarters at Islamabad a including vehicles of all types, machinery piece of land measuring 10,000 sq. yards in and equipment, e.g. computers, typewriters, Sector Ramna 5/2, Islamabad located on the photocopiers etc. The Finance Division Constitution Avenue, opposite Supreme gives specific clearance and funds for the Court of Pakistan has been allotted by the purchase of these items on case to case ba- Capital Development Authority under orders sis. The same consumes considerable time, of the Government eversince 1987. At one with uncertain results. stage the Central Development Working Party (CDWP) approved technical details of Budget the development scheme for construction of Due to the financial stringency being the building. However, in the meantime a faced at the National level, a cut was im- ban was imposed on the construction of posed on the indicated Budget. Allocation, office buildings in Islamabad due to paucity except for salaries, was cut down by 34% for of funds. It is hoped that as and when the 1998-99. Given below is the picture of the situation becomes better, the Headquarters Budget allocated to this Secretariat for all office will have the privilege of being the five offices, during the current and two housed in its own building. proceeding financial years:
Administrative and Financial Aspects Financial Year Budget Article 3(3) of the President’s Order (Rs. in million) No. 1 of 1983 lays down that the Mohtasib 1996-97 47.414 shall function independently of the executive 1997-98 47.893 and all executive authorities throughout 1998-99 43.816 Pakistan are to act in aid of the Mohtasib. Serving officers, in consultation with the Thus, there is an overall 8.51 per cent Mohtasib, are posted by the Establishment cut, looking at the current financial year’s Division. The Mohtasib has powers under Budget, compared to the previous financial Article 20 ibid to appoint Advisers/Consul- year. The situation is more acute than that, in tants etc. With the huge volume of investiga- view of the fact that the cut on the essential tion work handled by all of them together expenditures is of the order of 34%. there is a substantial load on each of them. As regards financial matters, till the Transport financial year 1997-98, re-appropriation of The Headquarters as well as the four an amount exceeding Rs.50,000 from one Regional Offices are severely handicapped head to another within budget required con- in respect of official transport. Most of the currence of the Finance Division. This vehicles are of 800cc or 1000cc capacity and caused quite a problem and delay. However, are generally of 1987 make and purchase. with effect from the financial year 1998-99, Almost all of them have outlived their utili- the situation has been improved. Now, re- ty. The process of condemnation has repeat- appropriation from one head to another can edly taken place, but replacement of even be undertaken by the office itself, upto an the condemned vehicles has not been possi- amount of Rs.0.5 million at a time. ble, because of the financial stringency. For the last three years the Finance Division have withheld budget allocation for Framing of Service Rules the purchase of any type of durable goods, Article 36 of the Establishment of the
CHAPTER - VI: The Office 156
Office of the Wafaqi Mohtasib (Ombuds- Mohtasib (Ombudsman)’s Secretariat Em- man) Order, 1983 (P.O.1 of 1983) lays down ployees Service Rules. that the Mohtasib may, with the approval of The draft service rules were sent to the the President, make rules for carrying out the Establishment Division for vetting of rele- purposes of the Order. Since the Establish- vant chapters concerning them. After clear- ment of the Office of Wafaqi Mohtasib ance by that Division, the draft rules were (Ombudsman) efforts were made for fram- submitted to the Finance Division, who have ing service rules from time to time in terms duly vetted and cleared the financial chap- of Article 8 but due to one reason or the ters. The rules are now under submission to other service rules could not be finalised. On the Prime Minister/President for approval joining, I felt the necessity of framing com- where after these rules shall be notified. The prehensive service rules and directed the finalisation of the rules, it is expected, will Secretariat to finalise the same. The Secre- have salutary effect on the working of this tariat accordingly framed the draft Wafaqi Secretariat.
CHAPTER - VII
IMPROVEMENTS MADE/STEPS TAKEN BY THE AGENCIES TO ALLEVIATE COMPLAINTS ON THE MOTION OF MOHTASIB
n my last Annual Reports as well as in cerned, the proper forum for them to seek the Annual Reports of my predecessors a redressal of their grievances in service mat- I situation which has been consistently ters is the Federal Service Tribunal. Howev- brought out is that employees of the Auton- er, the employees of Autonomous Bod- omous Bodies/Corporations did not have ies/Corporations not being covered by Fed- any forum for agitating their service matters. eral Service Tribunal Act, 1973, were ex- The same are not within my purview, in cluded from seeking relief from the Federal view of the provisions of Article 9(2) of the Service Tribunal. On the other hand, they President’s Order No. 1 of 1983 as follows: were barred from seeking relief from the “Notwithstanding anything contained Wafaqi Mohtasib in view of Article 9(2) of in clauses (1), the Mohtasib shall not the President’s Order No. 1 of 1983. It had accept for investigation any complaint been consistently recommended by myself by or on behalf of a public servant or and my predecessors that the problem should functionary concerning any matters re- be looked into in order to provide a forum lating to the Agency in which he is, or for the redressal of service grievances of the has been, working in respect of any employees of Autonomous Bod- personal grievance relating to this ser- ies/Corporations. It is extremely satisfying to vice therein.” note that the Federal Government has As far as the civil servants serving amended the Service Tribunal Act, 1973, in under the Federal Government are con- order to bring within the purview of Federal
CHAPTER - VII: Improvements Made/Steps Taken by the Agencies to Alleviate Complaints 158
Service Tribunals the cases of employees of Engineers concerned to get pension cases Autonomous Bodies/Corporations. The finalised expeditiously, rather than entering relevant law has been amended as below, into perfunctory correspondence. According- “Act No. XVII of 1997 ly, all CEs/GMs/Heads of offices have been An Act further to amend the Service made personally responsible for timely sanc- Tribunals Act, 1973 tion of pension claims. WHEREAS it is expedient further to amend the Service Tribunals Act, 1973 Disciplinary Action Against Accused (LXX of 1973) for the purposes herein- Employees after appearing. It was observed by the Ombudsman in It is hereby enacted as follows: various cases that competent authorities in I, short title and commencement.—(1) Wapda are hesitant in taking disciplinary This Act may be called the Service Tri- action against their employees found respon- bunals (Amendment) Act, 1997” sible after investigation. In order to improve “2A. Service under certain corpora- the accountability process, an Office Order tions, etc. to be service of Paki- dated 25.10.1997 has been issued, directing stan—Service under any authori- all competent authorities to ensure that no ty, corporation, body or organisa- avoidable delay occurs during any stage of tion established by or under a disciplinary proceedings so that the cases are Federal law or which is owned or finalised within the time frame given in the controlled by the Federal Gov- Wapda E&D Rules. The punishments must ernment or in which the Federal coincide with the intensity of charges so that Government has a controlling no culprit escapes with insignificant pun- share or interest is hereby de- ishment. In order to eliminate/minimise clared to be service of Pakistan excess billing, a greater check must be exer- and every person holding a post cised over the performance of Meter Read- under such authority, corporation, ers. body or organisation shall be deemed to be civil servant for the Facility Provided to the Consumers for purposes of this Act.” Depositing Electricity Bills Instructions have been issued to the WATER AND POWER DEVELOPMENT field formations for collection of electricity AUTHORITY (WAPDA) bills through all the authorised bank branch- A Special Cell has been set up at Wap- es located in the City/District. Instructions da Headquarters to implement the recom- have also been printed on the bills. A new mendations/decisions of the Ombudsman procedure has been issued for collection of through the field formations by imparting electricity bills by banks. The banks have necessary advice where needed. “Achieve- been made responsible to provide additional ments” made in this respect can be glanced cash counters, to provide facilities such as through hereunder: sheds, drinking water and sitting arrange- ments to Wapda consumers. They have also Finalisation of Pension Cases been asked not to direct the consumers to go On directions of the Honourable Wafa- to other banks on any pretext. These instruc- qi Mohtasib, a Circular Letter dated tions were issued in compliance with the 25.10.1997 has been issued, directing Chief recommendations made by the Wafaqi Moh-
CHAPTER - VII: Improvements Made/Steps Taken by the Agencies to Alleviate Complaints 159 tasib (copy of order dated 13.5.1998 is en- consumer, mandatory provision of serving of closed). legal notice may be complied with by the field formations in true letter and spirit. In Replacement of Defective Meters case of any violation on this account those It was held by the Ombudsman in concerned should be taken to task. number of cases that defective meters are not timely replaced by Wapda officials. Exorbitant/Excess Billing to General Consumers are charged on the basis of Supply Consumers slowness without the installation of check In compliance with the Honourable meters. By considering this matter as genu- Wafaqi Mohtasib’s recommendations, in- ine, instructions were issued to all Chief structions have already been issued to all the Executives, DISCOs mentioning that accu- Chief Executives, DISCOs. It has been clari- racy of an impugned meter is required to be fied time and again and emphasised that the determined by means of a duly calibrated consumers should be charged only on the and tested check meter to be installed in basis of actual consumption recorded on the series with the impugned meter. Where it is meter. The practice of excessive reading as not possible to install check metering compared to the meter reading at site on the equipment of appropriate capacity due to its plea of meter being defective is illegal and non-availability or otherwise, the impugned unauthorised. The SDOs are prohibited to meter is required to be tested at site in the assess the estimated bill at their own, as this presence of consumer by means of a Rotary function is left to the computer which has Substandard. It was also directed that the been programmed accordingly. It has also slowness of meter may be established been clarified that Wapda is legally bound to through installation of check meter or keep the metering equipment within the limit through other appropriate equipment. Simul- of accuracy and in case mechanical defect taneously, it may be ensured that defective occurs after its installation, then Wapda meters are replaced without undue delay. should immediately replace the defective meters without waiting for consumer’s com- Disconnection Notice Under the Provisions plaint. The instructions were also issued vide of Section 24 of the Electricity Act 1910 MD (Dist:)’s letter dated 29.5.1997, in order The Ombudsman has held that clear 7 to stop the practice of excess billing in June days disconnection notice (ten days notice in to show good collection and to give refund province of Punjab) in writing must be in subsequent months to level the accounts. served to the consumer who neglects to pay A warning has been given to all concerned any charges for energy, or any sum other that anyone found guilty of this malpractice than a charge for energy, assessed against in future will be dealt with severely. him by a licensee in respect of supply of energy to his premises. Accordingly instruc- KARACHI ELECTRIC SUPPLY tions have been issued to all the Chief Exec- CORPORATION LTD (KESC) utives, DISCOs for bringing this legal aspect We have to report as under with respect of prior notice before disconnection in the to modifications brought about by our two knowledge of all concerned, particularly, the main departments, vis-à-vis. Distribution XEN (Operation) and Revenue Officers for and Billing, which interact with the common strict compliance. It has been emphasised consumer directly: that before disconnection of a defaulting
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Distribution Department Offices for getting the instalments made. In order to attend to the consumers’ If any consumer wants to have a sum- complaints promptly, especially those re- mary of bills issued to him and payments ceived from Wafaqi Mohtasib’s office, with made by him in a particular period, Zonal respect to breakdowns and new connections, Offices have been equipped with such com- a centralised complaint centre has been es- puter facilities that instantly statements are tablished at Karachi Awami Markaz which provided to him. operates round the clock without observing weekly holiday, throughout the calendar PAKISTAN TELECOMMUNICATION year. This centre is supervised by senior CORPORATION LTD (PTCL) engineers in three shifts of eight hours dura- The recommendations contained in tion each. Wafaqi Mohtasib Annual Report 1997 per- The Corporation is facing financial taining to PTCL, regarding Vigilance Com- crisis due to which adequate material cannot mittees, Issuance of Demand Notes, ED- be arranged to give new connections to the PCOs, Issuance of Telephone Bills, Overseas applicants. In order to resolve this problem, Calls, Applications for New Telephone Con- a self-financing scheme has been launched nections (NTC) and Opening of Cabinets are since 1½ year or so under which the appli- being followed and instructions in this re- cant has to arrange material as per KESC’s gard have been issued to all concerned for specification at his own cost to get the job strict compliance. done through pre-qualified KESC contractor. To compensate the expenditure incurred by PAKISTAN POSTAL SERVICES the applicant the cost of material is deleted CORPORATION (PPSC) from the estimate and supervision and Secu- The Director General of Pakistan Post rity Deposit charged for the new connection. Office has established Wafaqi Mohtasib’s In case the job is done by KESC personnel, Cell at the Directorate General Post Office. labour cost is also included in the estimate. The Cell would work under V&T Group By this arrangement, KESC has been able to under the charge of Assistant Deputy Direc- clear large number of pending connections tor General (M&V). The following will be in various parts of the city. the duties and functions inter alia of the Cell: i) All Wafaqi Mohtasib’s cases (such Billing Department as family pension, payment of G. KESC has advised all banks, collecting P. Funds/Gratuity amount/ Insur- bills on its behalf, to delete the arrears from ance Claim/Medical Bills of re- bills which were already paid by the con- tired employees etc.) would be sumers and same were incorrectly shown on dealt with through this Cell. The bills. Above information is also printed on Cell will obtain the requisite re- bills for general information of consumers. port of all cases received from In case of average billing, the reading Wafaqi Mohtasib Islamabad/Re- given by the consumer is accepted in normal gional Offices from their con- course and bills revised accordingly. cerned branch and submit the After facilitating the consumers by same to the quarters concerned. granting instalments, monthly instalment ii) The Cell will also coordinate with amount is endorsed on the bills, so that the Mohtasib Cells established at consumers do not have to come to the Zonal Postmasters General Offices and
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will visit these Cells as and when level if possible. necessary to ensure timely sub- mission of reports to Wafaqi Moh- CAPITAL DEVELOPMENT AUTHORITY tasib. (CDA) iii) The incharge of the cell will be The cases/complaints received through responsible to brief the Wafaqi Wafaqi Mohtasib Secretariat are examined Mohtasib as a representative of with due care and the grievances are re- Post Office Department on all dressed within the least possible time. The cases alongwith the concerned of- discriminations are also removed. The num- ficers/officials well versed with ber of complaints has also gradually de- the subject. creased as a result of improvements/modifi- iv) A monthly report will be intro- cation brought about in the Organisation. To duced from all Postmaster Gen- quote an example, the number of cases re- eral, in order to monitor their per- ceived in 1997 was 231, whereas the cases formance in this respect. received during 1998 are only 174 in num- v) The Cell will also keep close liai- ber. son with Wafaqi Mohtasib Islam- abad and its Regional Offices and ALLAMA IQBAL OPEN UNIVERSITY (AIOU) visit their office from time to Allama Iqbal Open University (AIOU) time, as and when necessary to is a distance teaching institution, using mul- sort out problems, if any. timedia techniques having 32 Regional Cen- tres all over the country. Approximately STATE LIFE INSURANCE CORPORATION OF 250,000 students enrol during the year. The PAKISTAN (SLIC) University has a decentralised system for For quick redressal of grievances, a tutor appointment, assignment results and “Wafaqi Mohtasib Cell” has been created in conduct of workshops etc. However, the the Principal Office of SLIC, which deals final records of students are prepared at the with complaints forwarded by Wafaqi Moh- Head Office. Mere student enrolment is in tasib Secretariat. Since its creation every lacs, which is more than the enrolment of all possible efforts has been made to improve the universities in Pakistan combined. This the working and performance of this Cell. causes certain problems. Moreover, in order to attend to com- In the course of time, this Secretariat plaints emanating from Wafaqi Mohtasib noted that a large number of complaints promptly, some functions have been decen- were received against AIOU. An exercise tralised at Zonal level. For instance, the was therefore undertaken, in order to identi- complaints emanating from Wafaqi Mohta- fy major problem areas giving rise to these sib Regional Office, Lahore are dealt with complaints against the Agency. After doing by our office at Lahore. the needful the attention of the AIOU Au- Besides Wafaqi Mohtasib Cell, a thorities was drawn for taking necessary Chairman Complaint Cell has also been action including streamlining the procedures created which deals with complaints of poli- of the conduct of examinations and taking cy holders/claimants. The main purpose of other necessary measures in respect of the the creation of this cell is to attend to com- following areas: plaints promptly and efficiently, for the pur- (a) Delay in issuance of certifi- pose of resolving the matters at the Agency’s cates/degrees and other docu-
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ments etc. even proper record of cumula- The AIOU pleads heavy load of tive/supplementary results is not work as compared to the re- maintained, may be other causes sources at its disposal. Inefficien- for the problems. cy of the dealing officials may be (d) Delay in communicating ap- a cause of delay in issuing of cer- pointment of tutors to the stu- tificates/degrees. Improper human dents. resources management may be Reason for delay in communi- among other causes. cating appointment of tutors (b) Complaints regarding discrimina- seemingly stem from the ineffi- tion/non-grant of admission in ciency of the concerned staff. various courses in accordance Additionally, this Secretariat noted with the merit criteria. with concern the delay in receipt of neces- Lack of proper dissemination of sary information by the target dates. I was the relative information could be also not satisfied with the quality of infor- pointed out as the major reason. mation which, at occasions, was found irrel- Inefficiency of the staff could be evant and lopsided and which in turn was another reason. likely to lead to incorrect decisions. (c) Problems regarding submis- The AIOU took the following steps for sion/marking of assignments and combating the problems identified by this submission of results by the tutors Secretariat. to the University through their A. Delay in issuance of certifi- Regional Offices. cates/degrees: This is the most important of the It was pointed out by the examina- problem areas felt by the Wafaqi tion department that the backlog has Mohtasib Secretariat. This may be already been cleared and the certifi- due to the irresponsible behaviour cates are being issued expeditiously of some of the tutors and apparent now. lack of control of the Universi- Efforts are being made to issue com- ty/Regional Offices over them. puterised Detailed Mark Sheets to Other reasons may relate to lack the completers. These detailed mark of knowledge of the tutor/student sheets will be started as soon as the regarding the target dates for programme is in operation. The de- submission of assignments to the tailed mark sheets with computer tutors and subsequently to the Re- lists will be prepared each semester gional Offices and non- by the computer centre which will maintenance of proper/formal decrease the time for at least initial record for receipt of cumula- requirement for the students. tive/supplementary results. Non- Efforts are also under process to is- observance of fixed time table, ir- sue final certificates through com- responsible conduct of the tutors puter. and lack of control of the Univer- System for checking the previous sity/Regional Offices over them qualification certificates within first coupled with unsystematic work- semester may be organised so that ing of Regional Offices where rechecking or final checking on the
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completion of a programme is not the system of Detailed Mark Sheets required. In order to avoid the sub- and formal certificates by completers mission of fake certifi- and try to make it operational as soon cates/degrees/documents, verification as possible keeping in view the man- fee may be charged from the students power, budget and equipment, if any as the Boards and Universities do not required. verify the documents without fee. B. Complaints against discrimination Sufficient stock of blank certificates in admission: and degrees may be maintained. The criteria for admission to selec- The human resources available in the tion based programmes are indicated relevant section do not match the in the prospectus and admission pro- multifold increase in work load and cedure is properly described. there has been no increase in the Non-admission of an eligible candi- posts since 1988-89. The utilisation date no doubt may be due to over- of the available human resources is sight. Efforts will be made to reduce quite efficient to a large extent. such instances to nil if possible. The use of technology has not been C. Problems relating to cumulative to the desired level due to shortage of results: financial resources. Now some com- The reasons for the problems relating puters have been provided and an to assignment results submitted by early disposal of certificate cases will the tutors related are due to part time further be possible. Office workers nature of tutors and lack of adminis- like typists and stenos need train- trative control over them. Students’ ing/retraining especially in the use of carelessness in observing the sched- computers. ule is also important as they keep on During peak periods some deploy- approaching the tutors and the Re- ment of staff may be arranged from gional Offices for accepting their as- the departments or sections where signments after due dates. the work load during that period is Insufficient staffing in the region also comparatively low. leaves much to be done in checking Some measure of output of workers these results thoroughly. may be developed for various posts In order to reduce the problems fol- to ensure efficiency. lowing steps, though already in Some incentive needs to be provided vogue to some extent, will be taken to the regular staff to shoulder extra vigorously: burden. The second shift arrange- Well prepared and thorough tutor ment is one of the possibilities. The briefing be initiated and conduct- certificates by the Head of the De- ed every semester. partment may be accepted for allow- Mid semester tutor briefing in the ing second shift. form of letters/reminders may be A Committee comprising of Director, locally arranged. Admissions & Mailing, Controller of Monitoring of assignments at Examinations and Data Processing some scale may be initiated. Manager was constituted to design Networking and access to data-
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base for minor complaints may be returned to the concerned regional be arranged. A pilot study is in offices. progress wherein assignments are Individual assignment invariably be to be returned to the Regional Of- sent to the Regional Offices so that fices after evaluation by the tu- they can be utilised in checking the tors and regions will be responsi- cumulative results through the ble to return them to the students. checker or the regional office staff. A closer liaison with Education D. Delay in tutor intimation: Department may be established One of the main reasons is delay in so as to seek their assistance in the despatch of address labels and identifying more responsible tu- lists to the regions. Efforts will be tors. made to expedite the process. The tutors who do not work E. Further steps taken by the AIOU: properly be black-listed. (a) Computers are being provided The tutors will be instructed not to to all the Regions to allocate evaluate the assignment of any stu- students to tutors and to keep a dents who is not attached to him. Tu- track of students records related tor found guilty of sending duplicate to achievements during the se- result may be black-listed. mester (assignments results). Tutor Banks may be maintained with (b) More computers are being pro- their performance record. vided to the serving Depart- Assignments may be prepared more ments to expedite the pro- carefully. cessing of admissions and re- Department of Distance & Non- sults. formal Education may arrange work- (c) Efforts are being made to pro- shops on preparation of Assignments vide E.mail/internet facilities to and Examination Papers. various Regions for quick Cumulative results by got checked communications. through checkers and compared with (d) On-line facility with the data- the individual assignment results. base at the computer centre at Efforts be made to send computer- the Head Office is being ar- ised assignment result proforma to ranged so that Regions may log tutors so that mistake in name and into the Database and respond Roll No. are avoided. It will be start- to students queries immediately ed on pilot basis in some regions de- to reduce or solve their prob- pending upon the facilities available. lems. (e) Briefing of tutors has already In case of low enrolment, one tutor from the relevant field/subject may been started again to orientate be appointed for more than one them not only with the system course. In such cases the total num- but also to impress upon the ber of assignments to be evaluated by regularity and correctness of the tutors should be around 120. the students record they prepare and send to the Regions. Tutors must not entertain assign- (f) Efforts are underway to issue ments submitted after due date and provisional certificates in
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teachers Education Pro- Secretariat. grammes immediately on dec- ii) Keep watch over any unhealthy laration of results, using com- activities in the Field Offices and puter facility. take action on the reports of Vigi- (g) The proposal to arrange check- lance Units in the Field. ing of assignment result at the iii) Investigate about the complaints Regional Centre level is under from any source regarding field active consideration. It is likely operations, inefficiency, miscon- to reduce the mistakes in cumu- duct, unfair treatment to borrow- lative results. ers and complainants, violations After evaluation of the exercise, it was of procedure, etc. reported that during the period from iv) Deal with fraud and forgery cases 1.9.1997 to 28.2.1998, 442 complaints were reported by the Field Offices. received in all and from 1.3.1998 (when the In order to check any scope of malprac- exercise was taken in hand) to 31.8.1998, the tices in operations of the Bank and for complaints were reduced to 350 showing speedy disposal of complaints, it has further thereby a decrease of 21%. It may be im- been decided to establish Vigilance Units in portant to note that during this period the the field. These have been established at enrolment of students has increased from Lahore, Bahawalpur, Multan, Faisalabad, 339,364 to 442,581. Despite increase in the Islamabad (H.O.), Karachi, Sukkur, Pesha- enrolment by 103,217, i.e. increase in en- war and Quetta. These units will be under rolment of students by 30.4%, the percent- the administrative control of Vigilance De- age of complaints has decreased by 21%. partment of Head Office. The exercise, which has resulted in decreased of complaints of AIOU ha ulti- HOUSE BUILDING FINANCE CORPORATION mately reduced the burden of this Secretari- (HBFC) at, which is commendable. In order to reduce the complaints, fol- lowing steps have been taken by HBFC in AGRICULTURAL DEVELOPMENT BANK OF the light of Wafaqi Mohtasib’s recommenda- PAKISTAN (ADBP) tions contained in the last report of 1997. Changes/improvements have been i) The Prime Minister in his speech brought in rules and procedures of the Bank 1997 has announced remission of for quick resolution of complaints, which are 100% rent to widows, orphans given below: and retired Government employ- In order to attend to the complaints ees who had obtained loans of promptly, provide timely relief to complain- Rs.200,000 for plots not exceed- ants, it has been decided that the existing ing 10 marlas or 303 sq. yards. Complaints & Investigation Wing of ii) The Corporation is providing ben- Branches Development & Control Depart- efit to those defaulters who have ment has been upgraded as an independent not cleared their dues as yet. The Department and renamed as Vigilance De- Board of Directors has extended partment with immediate effect. This de- the last date for clearance of de- partment will: fault amount upto 31.12.1998. i) Deal with petitions received from iii) The Board of Directors in its 2/98 Wafaqi Mohtasib (Ombudsman)’s meeting has approved waiver of
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demand charges to the extent of bringing about quality and efficiency in 80% of total demand charges on lending operations. Following steps have clearance of default amount upto been taken for smooth processing of loan 31.12.1998. applications received from the general pub- iv) In order to eliminate the public lic: complaints for closing of ac- i) A full fledged complaint Division count/returns of documents, the has been set-up at SBFC Head Of- Managing Directors and Execu- fice to deal with public com- tive Directors are holding Khuli plaints and provide timely re- Kucheris in District/Zonal Offices lief/redressal of genuine grievanc- on monthly basis. The time limit es. for closing of account has been ii) A senior officer has been assigned reduced to 15 days. the task to handle and ensure ex- v) Effective monitoring of account peditious disposal of complaints, closing delivery of documents on received at Complaint Cell. Com- weekly basis has been undertaken. plaint Cells at Regional as well as The Builders Construction Companies Branch level have also been set- are not completing their projects on agreed up to provide speedy disposal of schedule and handing over the possession of complaints received locally. flats to individual allottees who purchase the iii) Internal Audit System is strength- flats from them with the assistance of HBFC ened to ensure proper implemen- investment, as a result of which the repay- tation of rules/regulations. ment of HBFC investment are delayed and iv) A strict policy has been devised, leads to complaints to Wafaqi Mohtasib. In according to which, decision on order to avoid such complaints it has been complaints is to be taken within decided to release investment in one instal- 15 days and in complicated com- ment on completion of the project and offer plaints the period is not to be letter by the builders for the delivery of more than a month. possession of flat/house to the allottees. v) Training programmes have been designed to provide training to SMALL BUSINESS FINANCE CORPORATION field staff for the improvement in (SBFC) their professional skill and work- SBFC is a NBFI which provide small ing efficiency. loans on soft terms to unemployed and pro- vi) Punitive action is taken, against fessional masses to set-up small businesses the officials, in case found in- of their own. volved in wrongdoing/mal- During the process of acceptance of practice. loan application till its final disposal, SBFC vii) Customer Assistance Desks at all ensures compliance of rules and procedures Regional Offices are working for formulated by Government/State Bank of the convenience of general public. Pakistan. However, an applicant may lodge compliant at any stage, if he faces any prob- DIRECTORATE GENERAL OF lem with processing of his/her loan applica- IMMIGRATIONS & PASSPORTS tion. The following steps have been taken SBFC Management is very keen, in for effecting improvement.
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(i) (a) Prior to 2nd June, 1998, a date of issue irrespective of new passport was only is- the validity of the previous sued if the remaining validi- exhausted/lost passport. The ty of the existing passport validity of previous passport was less than 7 months. A what so ever it may be, is not person who wanted to go taken into consideration and abroad for studies/employ- passport valid for five (5) ment or any other purpose years are issued from the for a period of over 7 months date of issuance. was thus not issued a (ii) The issuance of passport is at pre- new/fresh passport if his pre- sent linked with police verifica- sent passport was valid for tion regarding the determination say 7 months or more. Such of national status/credentials of persons were, therefore, put the applicant and post verification to great hardship as they of National Identity Card. How- were not able to get the visas ever, lot of exemptions have been from foreign embassies for provided to the applicants. In or- the intended duration of stay der to provide more relief to the if it was going to be more applicants, the following further than 7 months. Once in a steps have been taken: foreign country, they had to (a) No police verification is re- get a new passport from our quired in the case of individ- embassy in that country and ual who was earlier issued get the visa extended from passport, after police verifi- the concerned authorities of cation or on production of that country. In case, there documents for police exemp- was no Pakistan embassy in tion or exempted from police that country, they had to face verification by the competent even more hardship. It has authority and passports are now been decided that new issued straightaway to such passport to the applicants applicant. However, if issu- may be issued without taking ing authority has some doubt into consideration the validi- about the nationality of ap- ty of their present passports. plicant, it may refer the case (b) In the case of loss of pass- to the concerned Special ports or the exhaustion of Branch of Police, or local pages, fresh passports were police for verification of na- issued for the remaining va- tional status after recording lidity of the lost or exhausted observation to this effect on passport. In order to remove the application form. this anomaly, the Federal (b) The individuals who were is- Government decided with ef- sued passport after determi- fect from 2nd June, 1998, nation of their national sta- that the passports will be is- tus, their children have also sued for five years from the been allowed exemption
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from Police verification on her application may be accepted the basis of valid passports conditionally and processed. The of their parents issued under passport will, however, be deliv- the existing restrictive pass- ered to the female applicant on port policy. production of revised national (c) In order to clear the cases identity card having photograph pending for want of clear- duly affixed thereon. The Direc- ance from Police authorities, torate General of Registration has the Regional Passport Offic- issued instruction to the Registra- es, have been directed to is- tion Offices to revise such cards sue call notices to the appli- immediately on production of cants and hand over dupli- bank receipt (challan form) issued cate police verification by the passport offices. memos to get their national (iv) Under Section 20 of Pakistan Citi- status verified by police at zenship Act 1951, the Pakistan their own. As regards cases Citizenship can be granted to an which are pending due to individual upon transfer of foreign non-verification/determina- exchange to Pakistan. An amount tion of national status for of Rs. 20 lacs foreign exchange, the last one year, the heads was required to be transferred of the Regional Passport Of- with effect from 12.12.1992. The fices have been directed to ceiling was subsequently en- personally interview the ap- hanced from 20 lacs to 50 lacs plicants for ascertaining with effect from 7.1.1997. The their national status and question arose as to whether the their cases alongwith rec- individuals who applied on the ommendations are to be basis of foreign exchange of Rs. forwarded to this Direc- 20 lacs and their cases for the torate General to consider grant of citizenship are under pro- their exemption from police cess, will be disposed on the basis verification, on the basis of of transfer of foreign exchange of personal assessment of the Rs.20 lac or they may be advised issuing authority. to transfer the balance amount ac- (iii) Under the standing instructions cording to the revised ceiling, i.e. the female applicants are issued Rs.50 lacs. Ministry of Interior passports on production of nation- considered the issue and decided al identity card, having their pho- that such cases will be disposed of tograph affixed thereon. In order on the basis of foreign remittance to provide some relief to the fe- of Rs.20 lacs, which was enforced male applicants for passports, it at the time of making application has been decided that in case a for the grant of Pakistan Citizen- female applicant submits an ap- ship Certificate under Section 20 plication for a passport on the ba- of Pakistan Citizenship Act 1951. sis of national identity card which (v) The renunciation of Pakistan Citi- does not have photograph thereon, zenship cases of minors were used
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to be filed straightaway. Now the REGISTRATION Pakistan Missions abroad have A special cell is functioning at HQ’s been informed of the legal posi- Office to take care of and monitor the cases tion that in case the father of the received from Wafaqi Mohtasib Secretariat minor, has renounced Pakistan for prompt redressal of grievances, within Citizenship and the minor was re- the stipulated period. The Directorate Gen- siding with him abroad at that eral of Registration has established “Free time, that minor, will be treated to Service Counters” in each District Registra- have also ceased to be a citizen of tion Office to provide: Pakistan. Otherwise, the minor (a) Necessary guidance to general child will have to renounce Paki- public in matters relating to regis- stan Citizenship on attaining the tration and issuance of National age of 21 years. The processing of Identity Cards. renunciation of Pakistan Citizen- (b) Help to the public in filling of ship Cases, have been streamlined their registration forms. and the same are normally dis- One multipurpose comprehensive ap- posed of within two months from plication form (RG-I) has been introduced the date of receipt, as previously it throughout the country for registration and used to take three to four months issuance of identity card. Previously, eight to finalise such cases. registration forms were being used for vari- (vi) The public complaints are attend- ous registration activities. ed/investigated at an appropriate level in the Directorate General SUI SOUTHERN GAS PIPELINES LIMITED and maximum facilities are ex- The orders/recommendations of the tended to the applicants within the Honourable Wafaqi Mohtasib are invariably parameters of existing passport implemented without delay, except in cases policy. The defaulting officials are where huge expenditure is involved and taken to task and proceeded financial stringency comes in the way. The against under the relevant rules. Agency either comes up with the plea or DIRECTORATE GENERAL OF files a representation to the President.
CHAPTER - VIII
RECOMMENDATIONS
Earlier Recommendations: cable to all Agencies are given firstly, after As regards previous recommendations which Agency-wise Recommendations are made in the Annual Reports and those that given as below. follow, I must emphasise that the Agencies should comply with the directive of the Sanction of Pensions/Family Pensions Prime Minister dated 5.7.1997. The Agencies must ensure that the process of completing pension papers for all Specific Recommendations retiring employees must be completed six Keeping in view the nature of com- months before the date of retirement of the plaints/maladministration, recommenda- individual. There are clear Government tions as below are made in order to alleviate instructions about the same. Objections, if the causes of the complaints. Quite a few of any, can be met and procedural formalities, the Recommendations have been made if any, can be completed within this period. earlier also. In view of their importance and It should be positively ensured that an em- the fact that the Agency has not reported ployee starts getting his due pension, right their implementation, they are repeated on his retirement. All relevant papers and again, whereas some are fresh Recommen- files in this connection should be given pri- dations. ority with special Stickers or Flags high- The General Recommendations, about lighting ‘Pension Case/Priority’. In case of sanction of pensions/family pension and delay, the responsibility should be fixed on Complaints Redressal Cell, which are appli- the dealing officers/officials and strict action
CHAPTER - VIII: Recommendations 171 should be taken against them. erage basis should be resorted to. Similarly, all Agencies must ensure Strict disciplinary action should action on Priority Basis in Family Pension be taken against those responsible Cases. if billing on average basis is re- sorted to. Complaints Redressal Cell v) There are numerous instances of There must be an in-built mechanism billing on the basis of meter read- within each Agency itself for the redressal of ings upto which the electricity grievances. A senior officer should be nomi- consumption has not even nated as the Officer Incharge Complaints reached. There is all the reason to Cell, who should be available to the general believe that such instances are in- public at all times during the working hours, tentional, with a view to correct- for the redressal of their genuine grievances. ing the bill later on, on payment of illegal gratification. In such Water and Power Development Authority cases, positive and definite disci- (Wapda) plinary action must be taken i) Strict measures must be taken against the officials responsible, against rampant theft of electricity in addition to registering of crimi- with the connivance of the Agen- nal cases against them for com- cy’s staff. Special Teams should mitting fraud. be constituted under each Area vi) Ensuring that instances of malad- Electricity Board (AEB) to make ministration indicated in (iv) and surprise visits to locate theft of (v) above do not take place within electricity. In quite a few cases the their jurisdiction should be made theft could even be visible, with the personal responsibility of the well-known ‘kundi’ system. In SDOs and XENs. A column other cases careful technical in- should be added in their ACRs re- spection will be required. garding their effectiveness in ii) Criminal cases should be regis- checking bogus and fraudulent tered against those found guilty of billing within their jurisdiction. theft of electricity, including the vii) At the same time, a suitable sys- consumer and also the Agency’s tem of reward should be pre- officials concerned in case con- scribed for those who detect theft nivance on their part is prima fa- of electricity. cie established. viii) In order to check wrong and bo- iii) Checking the theft of electricity in gus billing meter cards should be his jurisdiction should be made placed alongwith the meters and personal responsibility of the regular meter readings should be SDO and XEN. A column should recorded on the same. Failure to be added regarding the satisfacto- do the same should be the cause ry discharge of this responsibility, of disciplinary action against the or, otherwise in their ACRs. meter reader. iv) All electricity bills must be on the ix) Disconnection of electricity basis of on-the-spot actual meter should in no case be resorted to, readings. In no case billing on av- without proper notice to the con-
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sumer. At least 10 days proper no- xiv) Continuity of power supply to tice must be given to the consum- consumers, domestic, commercial er, giving reasons for the intended and industrial, is of vital im- disconnection. In order to ensure portance. The Agency must ensure that the same is done in a realistic the up-keep of equipment and manner, the period of 10 days transmission lines. Defective should be counted from the day of transformers must be expeditious- acknowledgement of the notice by ly replaced and remedial action to the consumer. In case the con- remove technical defects must be sumer is refusing to receive the taken expeditiously. notice, it should be pasted at the xv) For prompt attention of public premises and the fact of the notice complaints, Complaint Cells having been pasted should be duly should be set up at the Area Elec- verified by two respectable resi- tricity Board (AEB) or Divisional dents of the locality. level. The Complaint Cell can be x) Defective meters must be replaced headed by an XEN at the Area on priority basis whenever the de- Electricity Board level and by an fect is located or reported. A peri- SDO at the Divisional level. od of one month should be the xvi) There is a need of decentralising maximum for this purpose, under the work of the Director, Insur- ordinary circumstance. ance and Pension and Secretary xi) In case of excessive billing when Welfare, Wapda, located at the the consumer delays payment due Headquarters, Lahore. These of- to the controversial bill, often fices are involved in the sanction Late Payment (LP) charges are of pensions/commutation, family added to the next bill and even pensions and various grants from supply is disconnected. This welfare funds to employees of should in no case be resorted to. Wapda throughout Pakistan. Provisionally, payment on the ba- These offices should be decentral- sis of a previous acceptable bill ised at the Area Electricity Board should be accepted, until the mat- level. ter is settled. xii) In cases where as a result of in- Recommendation regarding Securing of vestigation by this Secretariat it is Meters held that the billing was exces- A main problem faced by Wapda is the sive, in no case the LP charge pilferage of energy. Beside considerable loss should be levied. of energy in transmission, the trend of pil- xiii) Sometimes Audit Parties work ferage of energy has increased considerably, out amounts recoverable from the particularly considering the high tariffs and consumer and the same are added new methods developed to steal energy. The to the bill straightaway. This is not pilferage of energy has continued to benefit fair. The consumer must be given few consumers and industrialists, involving a chance to explain his position some Wapda officials but it has caused great before such recoverable amount is loss to Wapda and consequently to the econ- added to the bill. omy of the country.
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With the use of modern home facilities sent to XEN, SE and CAEB to like electric heater, washing machine, kitch- monitor and cross-check in order en appliances and air-conditioners etc. there to avoid future manipulation. is an automatic increase in the consumption ix) Daily readings are taken in order of electricity and the individual consumer to watch the secured meters con- tries to steal energy through various meth- sumption and to check the ods. The main source of stealing energy is measures adopted. the electric meter. If the meter is secured From January to June, 1996 about properly and monitored regularly, neither the 3,500 domestic meters and all industrial and consumer nor the Wapda officials can ma- tube-wells meters within the Division were nipulate it. secured. Five cases of damaging of meters Engr. Makhdoom Altaf Hussain, Exec- by attempting to change the polarity of the utive Engineer, Wapda, 2nd Sargodha Divi- secured meters were reported and action was sion, Sargodha developed a special skill task taken. The following indicated the positive force to check the pilferage by anti-theft effect of these measures in checking pilfer- measures, aimed at securing the electricity age: meters. The salient features of the same are i) The sample Consumption Data as follows: showed a shoot up of consump- i) Doubtful meters are brought out tion from ten to thousand per cent. of the premises of the consumers. ii) For the six months hardly any ii) These are enclosed in Anti-Theft transformer was damaged, as con- Boxes. sumers started conserving their iii) Neutral of the meter is completely energy within their limits. In two grounded/earthed and connected hotels only two air-conditioners through PG Clamps with the LT were found running instead of six neutral wire avoiding any change to eight Nos. installed. of polarity. iii) The private hospitals who were iv) Inside the ATB, the meter is pro- lavishly using the electricity re- vided with 4 to 6 Wapda Security stricted their patient admission af- Slips duly signed by the SDO, ter securing of their meters. Line Superintendent and Line- The scheme is inexpensive and can be man. implemented with the help of existing staff v) The ATBs are welded on all sides, without requirement of additional stores. provided with Security Slips duly It has been indicated that by now over signed by SDO, Line Superinten- 8,000 meters have been secured and the dent and Lineman on all sides. impact observed relates to reduction in line vi) The slips are pasted through Rap- losses (2% progressive), less burning of id Eraldite. transformers because the loads have been vii) Records of all seals, slips, ATBs relieved, conservation of energy and less meters and other consumers statis- litigation. tics are entered in Registers duly The General Manager (Operation), signed by the SDO, Line Superin- Wapda Head Office, Lahore, while acknowl- tendent and Lineman and counter- edging the guidance and encouragement signed by the XEN himself. given by the Chairman AEB, Faisalabad and viii) Copies of the above Register are appreciating the co-operation extended by
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Regional Director (IC) in implementing the complaints. scheme so far, has circulated it to all Chair- ii) Telephone bills should invariably men of Area Electricity Boards for imple- be sent within 15 days of the clos- mentation. ing of the billing month. Moreo- What is now required is to see that this ver, the Agency should ensure that scheme is implemented all over Pakistan, telephone bills are so delivered those involved be duly rewarded and also that the subscriber gets at least 15 from the additional income generated, some clear days to make the payment. subsidy should be provided to the consumers iii) If the Agency strictly follows the of less consumption category, as they are principle of first come first heavily burdened with surcharges, additional served, the complaints regarding surcharge etc. discrimination in providing tele- It is recommended that the scheme phone connections would stand should be properly implemented, monitored eliminated. and data so obtained be analysed at regular iv) Demand notes must be issued intervals. precisely. They should not be pro- visional and conditional, so that Pakistan Telecommunication Corporation no additional/supplementary Limited (PTCL) amounts are demanded subse- In order to minimise the complaints, it quently. is recommended that: v) To get the amount for installation i) External installations such as cab- of telephone deposited but not to inets and DPs should be kept provide the facility in lieu thereof properly locked and the same is not only immoral and illegal but should be opened only in the is also an act of gross maladmin- presence of an authorised of- istration. As such, once a paid ficer/official not below the rank of copy of the demand note along- an Engineering Supervisor with copies of prescribed docu- (Phones)/Engineering Supervisor ments is deposited by the appli- (Telegraphs). Similarly, as far as cant in the office of the Divisional possible, underground cables Engineer, telephone must be in- should be laid. Of and on, all in- stalled latest within two weeks ternal and external installations time. In cases in which it is not should also be inspected. Frequent possible to install telephones due surprise checks and visits should to network or switching limita- be made to see that the lower staff tions or any other reason, demand does not misuse the lines/installa- notes should not be issued. In- tions. Before deciding any com- stead, the individual applicant plaint, the Vigilance Committees should be approached in writing should in variably give an oppor- explaining the position and re- tunity of being heard to the com- questing for his option whether he plainant and also make proper in- would like to get the money re- vestigations. Further, they should funded keeping his seniority in- record precise reasons for ac- tact, or would like to wait till the ceptance as well as of rejection of situation improves. Further, in no
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case provisional or conditional nections of subscribers against demand notes should be issued. whom arrears are due in respect of vi) The practice of taking action on a closed connection or connec- the basis of ‘Defaulter Premises’ tions, should not be allowed to should be done away with. Often, continue. In such cases the Divi- penal action and disconnection of sional Engineer or the Accounts telephone is resorted to, on this Officer, Telephone Revenue basis. The same is totally unfair, should disconnect the working even if a relative or business part- connection of defaulters after giv- ner of the present consumer was ing them a week’s notice under the previous consumer. Law in condition 4 of the Hiring Contract general and the principles of natu- in Form ENG-15.” This Secretari- ral justice do not recognise such a at has already issued directives concept. The same should there- and the PTCL Headquarters has fore be totally withdrawn. also issued instructions that “be- vii) Strict supervision should be exer- fore disconnecting telephones an cised over Extra Departmental opportunity must invariably be Public Call Offices (EDPCOs) provided to the subscriber through and their staff in order to avoid a written notice to be sent under any chances of misuse. the signature of the competent au- viii) For complaints of faults etc. thority to explain his side of the made by dialling 18, complaint case.” As such, the Agency should number must invariably be inti- ensure that the provisions of the mated to the complainant and rules, its instructions and direc- prompt action may be taken to tives are implemented in letter remove the fault. Similarly, if a and spirit. It would be advisable written complaint in respect of that such notices should be got any matter, whether fault in tele- printed/cyclostyled and after fill- phone or excessive billing or non- ing the details of a particular case installation of telephone etc. etc. the Agency may send the notice to is received, it should not only be the concerned subscriber along- acknowledged in writing but with the bill. should also be dealt with prompt- x) Due to lack of co-ordination be- ly and properly. In case the com- tween different sections of the plaint does not relate to the re- Agency and/or lack of posting, ceiving office, it may be passed even paid amount are sometimes on to the relevant office under in- included in bills as arrears. As timation to the complainant. such, close liaison between differ- ix) Rule 3(d) of Telegraphs and Tele- ent sections of the Agency should phone Manual provides that “it be maintained. Postings of the shall be lawful for the Divisional payments should also immediate- Engineer to disconnect any sub- ly be made in the relevant record, scriber on 7 days notice in writing which should be kept updated. without assigning any reason.” xi) Exchange as well as field staff Rule 8(ii) ibid provides that “con- may be advised to behave proper-
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ly with the subscribers/complai- was much higher than what the illiterate nants. Their conduct may also be borrower claimed to have been paid. It is kept under vigilance. therefore essential that the loans should be xii) It would be appropriate if short sanctioned to the borrowers in a completely training/refresher courses are ar- transparent manner. The illiterate borrower ranged regularly in which the par- must be explained the amount being sanc- ticipants should be guided on the tioned and released and also his liabilities above mentioned lines and be ad- towards the loan. Strict control needs to be vised to improve the working and exercised, in order to avert any connivance image of the Agency. on the part of Agency’s officials in this re- xiii) The PTCL Headquarters may spect. constitute a committee of at least Loans have been advanced, specially in three senior and well-experienced remote Districts, against unsound security. (serving or retired or both) offic- In a specific instance, the land taken as secu- ers to critically review the overall rity was basically a part of river-bed and working of the Agency in the light when the floods came, it was damaged. It is of their experience, complaints of therefore necessary that strict control is subscribers and this Secretariat’s exercised in the acceptance of land as securi- findings. Keeping in view the fi- ty for the loans. The assessment of the pro- nancial and other constraints the posed security should not be left to the lower committee may suggest practica- level of officials, but should be supervised ble measures to streamline the by senior officers in order to avoid such working so that proper service is occurrences. provided to the subscribers and In another instance, the complainant the image of the Agency is im- who had become a defaulter stated frankly proved. that he had taken the loan for the marriage of his daughter. This being so, he had no means Agricultural Development Bank of of production and return in order to repay Pakistan (ADBP) the loan instalments. The good intention of the Government In another case, the Agency auctioned is that agricultural loans should reach the the land of the defaulter, for which it re- small farmers. However, a lot of care and ceived certain amount of money, but the control needs to be exercised in the sanction- credit for repayment that was given in the ing and release of loans. Quite a few bor- complainant’s account was much less; ap- rowers are illiterate and there have been parently pointing to misappropriation of the instances of their having been defrauded in difference by officials of the Agency, ex- many ways. There have been instances ploiting the fact that the borrower is illit- where the borrower had put his signatures or erate. thumb impressions without knowing or All the above instances point to the understanding the terms and conditions of necessity of a strict and better control by the the loan agreement. In some cases, the bor- Agency, including the necessity of raising rowers even alleged that he did not know the the level of assessment, before advancing amount sanctioned and supposed to have the agricultural loans. been released in his name. In another in- There were cases where the loans have stance, the loan sanctioned as per agreement been mis-utilised, e.g. a tractor which was
CHAPTER - VIII: Recommendations 177 purchased from the loan for the purpose of Branches, especially in far off ar- cultivation has been sold out, or, a poultry eas are still resorting to manual shed which was to be built has not been calculations. Steps should be tak- properly built, or, is no more there. These en to gradually adopt computeri- are typical instances of mis-utilisation of sation of accounts at all the loans. This also calls for strict and better Branches. control at the time of sanctioning loans. iii) Regular audit of the Accounts The Agency deducts 2% revenue should be carried out in respect of charges from all payments that are made by all Branches and borrowers the borrowers. The amount is collected for should be supplied with audited payment to the revenue authorities whenever figures. In case unaudited Ac- cases are referred to them for recovery of counts had been supplied to the amounts as arrears of land revenue. It is not borrower the balance should in no fair to deduct these charges from all pay- case be changed to the disad- ments. The Agency is presently authorised vantage of the borrower. by its Charter to do so. The Agency should iv) Terms and conditions of the loans amend its Charter to confine the levy of already agreed to between the revenue charges only on borrowers whose Agency and the borrower should cases are actually referred to the revenue not be unilaterally changed. authorities. v) Any additional charges like de- The Account Statements furnished mand charges/service charges during investigation of the complaints are should not be levied on the bor- prepared manually. The Agency should un- rower’s Account without issuing dertake progressive computerisation of Ac- him a proper notices. counts of borrowers ultimately at all its vi) Cases of remission relating to Branches. widows, orphans and retired per- sons should be dealt with on top House Building Finance Corporation priority basis. (HBFC) i) One of the common complaints is Small Business Finance Corporation irregularity in the supply of Ac- (SBFC) count Statements to the borrow- Extreme care should be exercised in ers. The Agency should ensure the giving the loans under regular Small Busi- regular supply of the same. Very ness Finance Corporation (SBFC) credit line often, the Agency claims to have and that relating to the Youth Investment supplied the Statements whereas Promotion Society (YIPS). From some of the complainant denies having re- the complaints received it appeared that the ceived them. It would therefore be borrower took the loan and instead of mak- useful to supply regular Accounts ing repayments had starting making excuses, Statements by Registered Post, in such as failure of the business for which the order to put an end to this contro- loan was taken. Consequently, funds of the versy. Agency appeared to be stuck up due to the ii) Accounts in most of the Branches excuses put forwarded by the borrower. of HBFC are computerised, but there are exceptions. Some of the
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Accountant General Pakistan Revenues ing Government Accommodation. (AGPR)/Accountants General/Divisional Those should be duly conveyed to Accounts Officers the Estate Office concerned. It is Recommendations as below are made the responsibility of the Accounts in respect of the above-mentioned Accounts Office concerned to do so. Failure Offices. to do so should be a cause of ac- i) House Building and Conveyance tion against the officials of the Advances should be given strictly Agency responsible for the ne- according to the turn of the appli- glect. cant and priority if accorded by vii) Senior officers should exercise the competent authority. Out of vigilance in order to ensure expe- turn Advances should be strictly ditious passing of bills whether on the basis of orders of the com- they relate to payments to Gov- petent authority which should ernment Servants or private par- record its reasons. ties. ii) G. P. Fund Accounts should be computerised. Deductions are National Savings Directorate made regularly from the emolu- In view of the frauds that were commit- ments and as such it is the respon- ted in some National Savings Centres, the sibility of the Agency to ensure Agency should ensure that proper Certifi- their posting. Failure to do so cates are issued to the investors. General should be the cause of action instructions should also be issued to all against officials of the Agency re- Branches of the Agency that any violation of sponsible for the neglect. the laid down procedures will be a cause of iii) If any G. P. Fund credits are still strict disciplinary action. missing whatever evidence is available with the Government Ministry of Education Servant should be accepted and i) In order to relieve pressure on the credit should be duly given. admissions/reduce the gap be- iv) Proper and complete accounts of tween the demand and seats avail- G. P. Fund of all Government em- able, a considerable expansion in ployees must be maintained. G. P. the Federal Government Educa- Fund slips indicating the latest tional Institutions (FGEI) is need- balance must be issued to the sub- ed. Opening of new institutions scribers regularly every year. and expansion of the existing fa- v) Pension/Family Pension cases and cilities should be a part of the those for release of final G. P. short-term and long-term plans. Fund Balance should be dealt These remarks apply in respect of with on Top Priority basis. Files schools, including Model Schools, of such cases should have Special Colleges, including Commerce Stickers or Flags on them accord- Colleges and Polytechnics. ingly. ii) Double shift system should be in- vi) House rent deductions at the rate troduced in all the Educational In- of 5% are essentially made from stitutions in order to make full use the emoluments of those occupy- of their buildings and facilities.
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iii) Absenteeism on the part of teach- iv) Claims for reimbursement of ers is a well-known fact in respect medical charges to Government of some of the Federal Education- servants, serving as well as re- al Institutions. This is most unfor- tired, must be dealt with most ex- tunate. Not only the Principals peditiously. A few officers should should exercise control but the be specifically assigned in the Federal Government Educational Ministry to handle this task. Institutions Directorate General v) Nominations to in-service courses should involve itself positively in in hospitals must be made strictly checking the same. on the basis of merit. iv) In view of the importance of edu- vi) Payments in respect of medicines cation no post in any educational supplied by private firms should institution should remain vacant. be made expeditiously. vii) In view of the importance of Ministry of Health health care for the general public, i) Doctors and paramedical staff at no posts of doctors or paramedical the hospitals should realise that staff in any hospital should remain they belong to a noble profession. vacant. They should serve the patients in the most dedicated manner, going State Life Insurance Corporation (SLIC) even beyond the call of their duty. Although SLIC has provided relief to a Proper attention must be given to high proportion of cases investigated by this the patients. Politeness and cour- office, the steps enunciated below may help tesy should be the hallmark of be- in reducing the number of complaints haviour. against SLIC. ii) Specialists must realise that their (a) Accurate and Transparent Ap- private practice owes a lot to their praisal of Proposals. In their status in the Government hospital anxiety to secure more business, in which they are working. They the field staff as well as SLIC should wholeheartedly devote management fail to carry out an themselves to their duties, care accurate appraisal of the pro- and attention of patients com- posals. Severe penalties should be pletely during the working hours. imposed on field staff when it is Their absence from the hospitals established that any one of them or non-attendance to patients dur- has tacitly encouraged or accepted ing the working hours is highly material misrepresentation in the immoral and this should be sin- proposal form. The regular staff of cerely realised. SLIC must carry out critical veri- iii) Each hospital should appoint a fication of the proposal at every Senior Vigilance Officer (SVO) state of acceptance. This will re- who should be available to the duce the number of policies given general public during working to uninsurable persons. hours for listening to their com- (b) Delay in payment of claims. plaints, which must be attended to This can be avoided by adhering meticulously. to a self-appointed time frame for
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settlement of claims. The standard sists in the complainant’s mind of investigations can be addressed because of failure of State Life In- through streamlined procedures, surance Corporation (SLIC) to proper questionaires and sequence convey accurately the amount that of investigation and above all by would be returned in various engaging experienced, upright and eventualities. A more detailed and thoroughly competent investiga- transparent literature on cash sur- tors. render value/auto paid poli- (c) Issue of Notices. SLIC claims cies/payment of bonuses should that it is not obliged under law to be made available at the time of issue notices of any kind. In prac- proposal of the policy. Whenever tice regular notices are issued for there is a doubt, the SLIC staff payment of premium or in some must clarify with total honesty. cases for demand of personal statement of health at the time of Ministry of Housing and Works revival of policy. The SLIC ex- Estate Office pects its clients to give accurate i) Allotments of Government ac- information at the proposal stage commodation must be strictly to the field staff including the made according to the General doctor as the relationship is based Waiting List and the list conse- on good faith. It issues regular quent to the recommendations of premium notices even when not the Out of Turn Allotment Com- required to all at a high cost and mittee (OTAC) according to the yet it feels it has no obligation to Pakistan Allocation Rules, 1993. issue a notice when the policy is General Waiting List must be becoming auto paid up or is about computerised and at any time any to lapse. Even though conditions applicant should be able to see the that would cause a policy to lapse latest position of his priority. or become auto paid up are print- Special reasons for Out of Turn ed on the policy document a no- Allotments exist in case of many tice to the assured would be Government servants. Sick and demonstration of mutual good old parents and other situations faith. In administrative dispensa- requiring priority are common to tion, a continued practice creates a many Government servants. The right of expectation of a notice for Out of Turn Allotment Committee any non-payment or delayed (OTAC) is a forum for determin- payment or any other detrimental ing in a fair and just manner the development. A notice should priority in respect of such cases. therefore be sent whenever the The forum of OTAC should be policy is about to lapse or be- fully availed of and it should be comes auto paid up or a personal made more and more effective. health statement is required for With the above, the allotments on revival of the policy. the basis of discretion must be (d) Less Payment of Claims. The kept to the minimum possible perception of less payment per- percentage and should preferably
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be eliminated altogether. lotment. ii) A serious problem exists in the v) Deductions of house rent charges form of non-payment of utility at the rate of 5% are made invari- bills by previous occupants of the ably from the relevant emolu- Government accommodation. As ments of those in occupation of a result, the new occupant has to Government accommodation. It is face difficulties, which may be a pity that whenever a Govern- even the disconnection of supply ment servant has recourse to the for no fault of his/her. It should Rent Section of the Estate Office therefore be formally laid down almost invariably all entries relat- that it would be the responsibility ing to rent deductions are found to of the Estate Office concerned to be blank. On the other hand, the ensure that the vacating occupant 5% deduction of rent has been in- has cleared the upto date utility variably made, as far as the Gov- bills. No Vacation Certificate of ernment servant is concerned. Government accommodation This is totally unfair and indicates should be issued without the gross maladministration in the same. If the vacating occupant form of inefficiency and neglect still defaults the Estate Office by the officials/officers concerned concerned should report the mat- in the Estate Office. Difficulties ter formally to the Controlling Of- arise especially at the time of re- fice of the Government servant tirement of the Government serv- concerned, which may take suita- ants. ble action for recovery of the vi) It should therefore be formally amounts even from the emolu- laid down that it will be the per- ments/service dues of the Gov- sonal responsibility of the Estate ernment servant concerned. Officer and the officers and offi- iii) In no case allotment of Govern- cials of the Rent Section that upto ment accommodation should be date posting of all rent deductions made to employees of non- are made in respect of relevant eligible departments. All allot- Government servants and relevant ments to non-eligible persons Government accommodation. should be cancelled and the ac- Failure to do so should be a cause commodation thus vacated should of disciplinary action against the be made available for allotment to officials/officers concerned. the eligible Government employ- ees. Ministry of Science and Technology iv) Government accommodation once As was stated in the last Annual Report allotted should not be cancelled also, there are a number of Scien- except for reasons enumerated tific/autonomous institutions under the Min- under the Rules and by following istry which are doing valuable scientific the due procedure. At least 15 work. The Ministry should ensure that the days prior notice must be given to pension/gratuity/GPF Rules in respect of the occupant giving reason for the these organisations are promulgated. It will cancellation or withdrawal of al- require personal efforts on the part of the
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Ministry, in order to have these Rules to the expenditure from the public exchequer cleared from the Establishment and Finance involved and the race among Government Divisions. officials to get themselves nominated for the attractive Duty. The Agency should look into Ministry of Religious Affairs, Zakat, Ushr the whole matter at the highest policy level. and Minorities Affairs Evacuee Trust Property Board (ETPB) Care needs to be exercised by the Min- is an organisation under this Ministry. It istry in handling the Haj applications. There came to light in a complaint that a widow were complaints where the Bank officials was displaced from a small piece of evacuee changed the options of applicants from non- land which had been legally rented out to her utilisation of Government Accommodation late husband by the Agency. This injustice in Makkah Mukarammah and Madina took place because of allotment of a big Munawwara to otherwise. The changes were piece of land to an Institution, including the made by the Bank officials in the applica- small piece of land on which the widow was tions arbitrarily. Change of the relevant box residing with her children. No alternate ticked on the Application Form by the appli- arrangement even was made for the widow. cant was neither checked by the Bank nor by The ETPB should ensure that no unjust the Ministry. The Bank officials put such actions are resorted to, against the tenants, persons in groups where the leader had opt- specially widows and those with meagre ed for Government accommodation and as a means. result the concerned applicants were bur- dened with charges of Government accom- Capital Development Authority (CDA) modation, which they never utilised and had i) The system within the Agency never opted for, in the first instance. The needs to be streamlined. Co- responsibility of making groups has been left ordinated scrutiny be undertaken entirely to the Banks and the Ministry does and a time limit be fixed for issu- not exercise corrective intervention in cases ance of transfer letters after ad- like the aforementioned. The matter needs to mission of such cases. be looked into. ii) Funds should be raised/provided A Government employees who was not for proper upkeep of infrastruc- nominated for Seasonal Haj Duty by the ture and Government quarters. Ministry of Religious Affairs in spite of his iii) Funds collected in the form of de- success in a ballot by his own Ministry and velopment charges in cost of plots consequent forwarding of his name had or high price through auction of complained that some other officials had plots should be utilised for the been nominated on the basis of discretion purpose of development and not and personal recommendation. The same diverted to other work. Possession indicated that nominations for Seasonal Haj of developed plots should be Duty included quite a bit of discretionary handed over to purchasers expedi- element and personal favours, which is not tiously. fair. The practice of sending officials on iv) Strict action without any discrim- Seasonal Haj Duty on Government expense ination should be taken against should be looked into thoroughly, from its violators of Bye- various aspects. These include, the extent of Laws/Regulations, otherwise they usefulness of the whole exercise, compared become a farce.
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v) The criteria of seniority in case of Both the Companies should have allotment of residential quarters specific Five Year Plan and Annu- should be strictly followed. al Development Programmes for the extension of Gas facilities. Civil Aviation Authority (CAA) New areas/towns should be As emphasised in the last report also all brought within the ambit of gas Civil Works should be awarded consequent supply on a planned basis, rather to calling tenders, their analysis and follow- than on the basis of pressures and ing the due procedure. expediency. Facilities for passengers on airports should be improved. Pakistan Railways A lot of cases pertain to loss or short Pakistan International Airlines delivery of consignments booked by Paki- Corporation (PIAC) stan Railways. The Agency normally admits i) Public grievances about ticketing its fault after a lot of correspondence and should be alleviated. The inci- then dispute arises about the cost of con- dence of non-availability of a seat signment. Such cases should be examined against an OK Ticket must be sympathetically and the citizens should not completely eliminated. The Agen- be made to suffer unduly. Efforts should be cy should ensure that by an in- made to finalise all such claims within 3 depth analysis of the causes of the months. same and take complete remedial In most cases the Agency refuses to action. make any payment on the plea that the claim ii) Care should be taken about loss of is time-barred as it has been lodged after a baggage and proper compensation period of 6 months from the date of booking. should be paid for lost baggage. Wide publicity should be given to educate iii) In case of cancellation of a flight the public that claims lodged after 6 months alternate seats should be readily of its booking would not be entertained made available. being time-barred. iv) In case of delay in flights the af- A large number of employees are post- fected passengers should be ed to work at a higher post in their own pay properly looked after invariably/in scale without giving any financial benefits all cases. and they ultimately retire without being regularly promoted after clearance of DPC. Sui Northern Gas Pipelines/Sui Southern This leads to non-payment of financial bene- Gas Pipelines Ltd. (SNGPL/SSGPL) fit of the higher post and loss in pension. i) Sui Gas bills should be sent to The Pakistan Railways should ensure that consumers on monthly basis. At DPC’s at all levels are not delayed and em- least 15 days clear period should ployees are only promoted after clearance of be given for paying the bills. DPC. It is also suggested that an employee ii) New connections should be given who is posted at a higher post is given finan- strictly according to the priority of cial benefit of that post as already decided receiving the applications. by the Supreme Court of Pakistan in similar iii) The extension of Sui Gas supply cases. should be on a planned basis. Pakistan Railways have employed a
CHAPTER - VIII: Recommendations 184 large number of employees on ad hoc basis Interior Division and they have been serving for the last 8-10 years. They are neither regularised, nor their Directorate of Immigration and Passports services are terminated according to terms Delays in respect of verifications and and conditions of their ad hoc appointment. issue of passports should be removed at all The Agency has, however, regularised a levels. large number of such employees on the basis of decision by Federal Service Tribunal, Directorate General of Registration recommendations of Wafaqi Mohtasib (Om- Delays in issue of National Identity budsman) or on its own but the remaining ad Card should be removed. It should be en- hoc employees are being discriminated sured that the National Identity Card is is- against. It is recommended that all ad hoc sued within one month of the application. In employees should either be regularised, or, case of fault in the application, the same their services should be terminated if not should be removed at a personal level/by required but they should not be allowed to personal contact by officials of the Agency, continue as ad hoc employees for an indefi- rather than returning the papers. nite period. A large number of complaints were Islamabad Capital Territory (ICT) used to be filed against awarding Vending Administration Contracts on the various stations of Pakistan Vigilance must be exercised over all the Railways but number of such complaints has wings of ICT Administration, salient of which now considerably decreased as the Railways are Police, Revenue and Excise and Taxation have started to award the Vending Contracts Departments. Frequent visits and inspections in a transparent manner through open auc- by officers, starting from the Deputy Commis- tion after wide publicity through press. Ap- sioner to the Magistrates and lower officers propriate policy decisions should be taken should be a regular feature. Inspections of by the Agency to reduce discretion at all Police Stations should be undertaken accord- levels in order to ensure justice and avoid ing to the laid down procedure. complaints. There are complaints about alleged Rail travel should be made attractive mal-practices in the form of deprivation or for the general public. Modernisation of the change in the ownership of land. Some of outdated Pakistan Railways network should them relate back to the time of creation of be undertaken under the resources available. ICT. The complainants in such cases are Delays due to the defective/old system often illiterate. The Deputy Commissioner should be removed by technical improve- should appoint a Senior Vigilance Officer ments in the system. Overall corrective who should listen to the side of the com- measures are required at the policy level. plainants as well as the revenue officials, in Railway Reservations should be com- order to resolve the matters. puterised gradually. In the big cities, the It should be ensured that the Excise and reservation should be fully computerised, to Taxation Department handles the cases of regis- begin with. tration and transfer of vehicles expeditiously and no difficulties are created in this respect.
Pakistan Postal Services Corporation The Agency should take proper steps to
CHAPTER - VIII: Recommendations 185 ensure efficient delivery of mail and money incomplete without its existence in all the orders. Positive steps should be taken to Provinces. Grievances of the general public eliminate delays and loss of articles in trans- not only relate to the Federal Agencies but it. In case of loss of articles a system should quite a lot to the Provincial Agencies. It is a be devised for compensation to the senders matter of great satisfaction that Ombudsman in the lines of Airlines. Institutions have been established in the Provinces of Sindh and Punjab as well as Postal Life Insurance Corporation Azad Jammu and Kashmir. However, the Procedures for the grant of insurance Ombudsman system is incomplete in Paki- claims should be streamlined in order to stan with the absence of these institutions in eliminate delays. The Agency should under- the North West Frontier Province (NWFP) take more action on personal level rather and the Province of Balochistan. The matter than indulging in lengthy correspondence. should be taken note of, at the highest na- tional level in the Government and the insti- Need for Ombudsman Institution in the tution of Provincial Ombudsman should be Provinces of NWFP and Balochistan set up in NWFP and Balochistan without any The system of Ombudsmanship is further delay.
CHAPTER - IX
INTERNATIONAL CONTACTS AND PARTICIPATION IN CONFERENCES
akistan has the honour of playing key the Conference by the International Om- role in establishment of the Asian budsman Institute. I attended the Conference P Ombudsman Association (AOA). A on the invitation of the Ombudsman of Anti- copy of the Charter Bye-laws of the Associa- gua and Barbuda, Dr. Hayden Thomas. tion are included as Appendix-I & II in this The Conference was declared open by Report. the Governor General of Antigua and Bar- buda, His Excellency, Sir James Carlisle, Conference on “Strengthening National and the Keynote Address was delivered by Ombudsman and Human Rights the Minister of Health and Civil Service Institutions in the Caribbean” held in Affairs, Senator the Honourable Samuel Antigua from 9th to 12th March, 1998 Aymer. In addition to myself, the Ombuds- The British Commonwealth Secretariat men of Argentina, Canada, Peru, and South in collaboration with the Office of the Om- Africa attended the Conference. It was also budsman of Antigua and Barbuda organised attended by representatives from Ombuds- this Conference with the title of Regional man and Human Rights Institutions of Anti- Workshop on “Strengthening National Om- gua and Barbuda, Bermuda, Guyana, Haiti, budsman and Human Rights Institutions in Jamaica, St. Lucia, Trinidad and Tobago, as the Caribbean” from 9th to 12th March, well as representatives of the Common- 1998 in St. John’s, Antigua, a Caribbean wealth of Dominica and St. Kitts & Nevis. Island. Additional support was provided to Also in attendance were a former Ombuds-
CHAPTER - IX: International Contacts and Participation in Conferences 187 man of Barbados, representatives of the It appears that the Prophet Mu- CARICOM Secretariat, the International hammad (PBUH) placed great empha- Labour Organisation, the General Secretariat sis on the exemplary conduct of gov- of the Organisation of American States ernment officials and introduced the (OAS), the Canadian Human Rights Com- system of Hisab or accountability. The mission, the Inter-American Commission on Pakistan Ombudsman, Justice Salam is Human Rights of the OAS and the Non- here with us today, in his introduction Governmental Caribbean Human Rights to his latest report when commenting Network. upon this ancient historical association The topics discussed included the de- states– velopment of the institutions in the Caribbe- A great institution was thus born an and around the world, their role and ju- which today is seen to have spread to risdiction, methods of investigation, privati- all corners of the globe.” sation of public services and management The Conference/Workshop, at its con- problems of Ombudsman and Human Rights clusion, made the following recommenda- Institutions. Working groups also discussed tions: staff training, funding strategies, co- i) That the Heads of Government operation with related organisations, im- recognise the existence and the proving public access to the Ombudsman meaningful role of Ombudsman and the establishment of new institutions. and Human Rights Institutions in I spoke on the subject of “Complaint the furtherance of good govern- Handling and Ensuring Compliance to ance and democracy and that en- Recommendations”. It was followed by couragement be given to countries lively discussion. to establish such institutions I may say the participation was very where they do not now exist. useful for the Institution of the Wafaqi Moh- ii) That a regional association be tasib, the country Pakistan, and Islam. It was formed to encourage networking possible to point out that the origin of the and collaboration among mem- concept of Ombudsmanship emanated from bers. Islam. iii) That the Ombudsman and Human In the Antigua meeting, the Ombuds- Rights Institutions be provided man of Guyana, Mr. Justice S. Y. Mohamed with the necessary financial, hu- gave me the report of the working of his man, and physical resources to office, in which at page 18 he had recorded: carry out their work. “The Ombudsman concept can be iv) That the independence and auton- traced back to the origins of Islam. omy of the Ombudsman and Hu- Dr. Victor Pickl of the Australian man Rights Institutions be main- Ombudsman’s Office stated– tained. The handling of complaints from v) That the institutions remain vigi- the public was an essential part of the lant in the face of changing situa- Islamic system of justice. There are tions, especially that of the privat- good reasons for the assumptions that isation of public institutions, in the Islamic system has influenced the order to ensure that the public creating of the first Ombudsman in concerns are met. Sweden. vi) That the management capability
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of the institutions be strengthened. tion of funds. It was approved. The First vii) That a workshop to continue re- Asian Ombudsman Conference was con- gional collaboration be held with- vened in April, 1996. The Ombudsmen and in the next two years in Saint Lu- office-holder of Ombudsman-like institu- cia or Bermuda. tions from all over Asia were invited. Om- The Workshop expressed thanks to the budsmen from Australia and Turkey were host country Antigua and Barbuda and the also invited. Regional Organisation for Asia main sponsors — the British Common- was really something lacking, as the area of wealth Secretariat and other collaborators. Asia as a continent, is vast and 65% of the Participants also acknowledged the population of the world resides therein. presence of CARICOM and hoped that the There are differences of race, religion, cul- important role that the office of the Om- ture, forms of Governments, pace of devel- budsman play in ensuring good governance opment etc. Hence, there were some warn- would be recognised by the Heads of Gov- ings of others about formation of such an ernment and included in the Charter of Civil Association. Allah the Almighty, in His Society. infinite mercy, crowned the Conference with success and the Asian Ombudsman Associa- Third Asian Ombudsman Conference tion (AOA) was formed. It was a unique Held in Macau from 3rd to 8th May, 1998 honour for Pakistan, as this was the first- Pakistan has the unique honour of ever International Organisation which was initiating positive action about the formation founded in Pakistan. of the Asian Ombudsman Institution (AOA). After the establishment of the Asian While there were Regional Ombudsman Ombudsman Association in Islamabad, the Associations all over, i.e. in North America, members decided to elect a Preparatory Latin America, Europe, Australasia and Committee for framing the Bye-Laws of the Pacific Regions, there was no Association of Association. Ombudsman of Pakistan was Ombudsmen of Asia. I have been the Direc- elected as its Convenor/Chairman and other tor of the Board of IOI from Asia. When I members were: The People’s Republic of took over as Wafaqi Mohtasib (Ombuds- China, Sri Lanka, Islamic Republic of Iran, man) in 1995 and attended the meeting of Hong Kong and Republic of Korea. the Board of Directors of IOI at the Hague, Draft of Bye-Laws was prepared and it was stated that it had been repeatedly circulated amongst the members of the Pre- stressed that Asia should also organise a paratory Committee for comments and ap- Regional Body. The efforts had been made proval. The Second Conference of the Asian for a number of years and my predecessor Ombudsman Association was held in Korea had succeeded in obtaining the support of in 1997 and the draft Bye-Laws were dis- the People’s Republic of China to organise cussed. Since the People’s Republic of Chi- an Asian Ombudsman Conference. I stated na had boycotted the Conference in Korea, in the aforesaid meeting of the Board of finalisation and adoption of the Bye-Laws Directors of IOI that efforts are afoot for the was got deferred. Another meeting of the formation of an Asian Ombudsman Associa- Preparatory Committee of the Bye-Laws tion. was convened in Islamabad in November, On return I submitted a summary for 1997. All the members participated and the permission to organise a Conference of the Bye-Laws were finalised for adoption. Asian Ombudsman Association and alloca- The Third Annual Meeting of the
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Asian Ombudsman Association was held in Presentation of Mr. Justice (Rtd) Abdul Macau in May, 1998. Dr. Luis Manuel de Shakurul Salam, Ombudsman of Pakistan Mendonca Freitas, High Commissioner on “The Ombudsman as a Conflict Against Corruption and Administrative Mediator”. Illegality, Macau was the host. I attended The basic concept of Ombudsmanship the meeting. The Bye-Laws formulated by is redressal of grievances of people against the Preparation Committee were put up by administrative authorities of the State. It is the Chairman of the Committee for adop- achieved through establishment of an office tion before the founding Members of the which receives complaints of people, enquir- Association. After slight amendments, these ing into them, calls upon the public officers were unanimously adopted and to signify complained against to reply who may either their approval, the members of the Associa- redress the grievance or show justification of tion affixed their signatures. A copy of the their actions. If the justification advanced is same is added as Appendix-III in this Re- not quite right, the Ombudsman, then, hears port. orally or through communications both the Thereafter, in pursuance of the Bye- parties and tries to bring about settlement of Laws, the matter of election of the Board of the dispute or the controversy. In my country Directors of the Asian Ombudsman Associa- Pakistan, Article 33(1) of the Establishment tion was taken up under the Chairmanship of of the Office of Wafaqi Mohtasib (Om- the host Ombudsman of Macau. budsman) Order, 1983, part of the Constitu- The Vice Minister of The People’s tion of the Islamic Republic of Pakistan, Republic of China Mr. Li Zhilun, moved a provides that: motion that Justice Salam, Ombudsman of “Notwithstanding anything contained Pakistan had taken the initiative and made in this Order, the Mohtasib and a mem- efforts for the formation of the Asian Om- ber of the Staff shall have the authority budsman Association and in the preparation to informally conciliate, amicably re- and adoption of the Bye-Laws, and he solve, stipulate, settle or ameliorate any should be elected as President. The other grievance without written memoran- members enthusiastically endorsed. Unani- dum and without the necessity of dock- mously, it was resolved to elect Justice eting any complaint or issuing any offi- Salam, Ombudsman of Pakistan as the Pres- cial notice.” ident of the Association. Other office- This is the most informal method of bearers were also elected. Under the Bye- resolution or settlement of the dispute or Laws, the Headquarter of the Association conflict between the parties i.e. the people will be Islamabad, Pakistan. Thus Pakistan and the State functionaries. But if the con- has a unique distinction of founding and troversy is intense and conflict sharp, then being the Headquarter of the Asian Om- the law provides the procedure for coming to budsman Association. This is Allah’s grace a conclusion which is in the nature of a me- and benevolence. diation of the conflict. To do so successfully, While attending the Conference I had it is essential that the Ombudsman is put on the honour of chairing the 2nd session, the a high pedestal. In my country, the Om- subject of which was “The Ombudsman as a budsman has invariably been a sitting or Conflict Mediator”. The paper presented by retired Judge of the highest Court. The idea me which was followed by lively discussion, is that he is independent of the Executive is reproduced herewith. arm of the Government so that the citizen or
CHAPTER - IX: International Contacts and Participation in Conferences 190 people have faith and confidence in him that functionaries and it is for the Ombudsman to he will act and decide without fear and im- mediate and bring about a solution which is partially and further that the officials of the right and just, hence satisfactory to both the State will honour and carry out what he parties. recommends. The essence of the office of the Ombudsman is independence, impartiali- Preparatory Meeting for the Fourth Asian ty and integrity. Ombudsman Conference to be Held in When the Ombudsman after enquiry, 1999 — Held in Tehran from 8th to 13th perusal of record and hearing both the par- August, 1998. ties in a conflict case comes to a conclusion, The fourth Asian Ombudsman Confer- it is in the nature of mediation between the ence is to be held in Tehran, Iran in 1999. parties. He does not decide like a Court Sayyed Ebrahim Ra’isee, Head of the Gen- finding one entitled to or the other liable, nor eral Inspection Organisation of the Islamic that one is guilty and the other is wronged. Republic of Iran asked me to visit him to Nor, his decisions are binding or executable exchange views about matters concerning like those of Courts. What the Ombudsman the holding of the aforementioned Confer- does, on the other hand, is that the com- ence in Iran. I visited Tehran accordingly plainant making a grievance against the from 8th to 13th August, 1998 and ex- functionaries is heard and if his grievance is changed views in the matter with His Excel- genuine i.e. he has been deprived of some- lency. During the stay in Tehran I also called thing to which he was entitled by law or the on the Head of Judiciary and Minister of discretionary power of the State which Justice of the Islamic Republic of Iran, ac- should have been exercised in his favour has companied by our Ambassador in Tehran. not been exercised, or he is otherwise de- I had the occasion to visit the Shrine of serving of State assistance, the Ombudsman Imam Khomeini and pay my respects. Also make a recommendation with reasons to the Imam Raza at Mashed. relevant authority. Since the recommenda- tion is based after ascertainment of facts, 17th Australasian and Pacific Region legal or other provisions, these are given (APOR) Ombudsman Conference — Held consideration by the public authorities, as in Port Villa, Vanuatu (South Pacific) they too are there to help and assist the peo- from 23rd to 26th August, 1998. ple. The times when the State authorities This Conference was held under the were there to rule have gone by. In modern auspices of the Ombudsman (in fact Om- times it is accepted on all hands that the budswoman) of Vanuatu of the Republic of Government is not only to govern but its Vanuatu located in South Pacific from 23rd most important function is to bring about a to 26th August, 1998. The theme of the Con- free and welfare State wherein the citizens ference was “The Role of the Ombudsman or people within its purview enjoy freedom in Furthering the Principles of Good Gov- from all possible restraints, deprivations and ernance and Curtailing Maladministration limitations and are also enabled to and in and Corruption”. On invitation I attended the fact are able to live a good civilised life. Conference. Ombudsmen from all over the In conclusion I will submit that an world participated. The Paper reproduced Ombudsman is a person or an institution to below was read by me in the Conference. It which people can have recourse for redressal was followed by lively discussion. of their grievances or conflict with the State Ladies and gentlemen!
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We all know that the classical function plain the mechanism of achieving the objec- of an Ombudsman and in modern times too tive of furthering the principles of good include investigation on the complaint of a governance and curtailing the maladmin- citizen or on a reference by the institutions istration and corruption in view of your very of the country, about the maladministration busy schedule any further. I will be very and corruption in the public sector or statu- happy to discuss every aspect of the subject tory corporations or other institutions estab- in greater detail with any of the participants lished by the State for redressal of grievanc- who wish to do so. es and for making recommendations to the Thank you very much. authorities concerned to consider the matter At the conclusion of the Conference a further; to modify or cancel the decision, Communiqué from the Delegates to the 17th process, recommendation, act or omission; APOR Meeting was issued, as below: to explain more carefully the act or decision in question; to take disciplinary action Communiqué from the Delegates to the against any public servant of any agency 17th APOR Meeting under the relevant law; to dispose of the The Australasian and Pacific Ombuds- matter or case within a specific time; to take men at their annual meeting held this year in action on his findings and recommendations Vanuatu gave consideration to how best they to improve the working and efficiency of the could be of assistance in furthering the prac- agency within a specific time; or to take any tice of good governance principles through- other step specified by the Ombudsman. out the region. While doing so, it is obvious that it becomes There has been a shift in what can be necessary to point out the maladministration expected of government and how govern- or corruption, which enables the authorities ment should go about what it does. Today not to repeat the same kind of maladmin- there is an emphasis upon accountability, at istration or corruption, resulting thereby in election time, through the election cycle and curtailing the maladministration and corrup- throughout the governmental system. tion. The call for greater accountability is In the process since the recommenda- reinforced by an emphasis upon govern- tions of the Ombudsman are made on the ments operating in a more open manner basis of legal principles and on rational where individual people have the opportuni- grounds, it helps the Governmental agencies ty to participate in the processes by which and the State in performing henceforth in a decisions are made at all levels of govern- better manner, and the principles of good ment. Each country is now seeking ways in governance get highlighted and after their which its collective affairs can be better adoption the principles of good governance managed. get enshrined and imbibed in the perfor- The Ombudsman can be a navigational mance of the Government functionaries. aid for individual countries, developed and Therefore, it is apparent that the role of underdeveloped, endeavouring to move Ombudsman in furthering the principles of towards the new realities of governing. good Government can be very pervasive if Ombudsmen are now part of the gov- the job is done with vision and understand- ernance system in most countries. They ing of social, political and legal norms prev- operate independently and help ensure that alent in the Society. the governor and the governed are assured I do not undertake to elaborate or ex- that what is being done in their name is
CHAPTER - IX: International Contacts and Participation in Conferences 192 being done reasonably, lawfully and without were also received by the Chief Justice of improper discrimination. They provide a the Federal Shariat Court, the Attorney Gen- qualitative assurance and an independence eral of Pakistan and the Federal Minister for scrutiny to underpin good government ad- Law, Justice and Human Rights. Before the ministration. commencement of the Meeting, I hosted a Each country to be included among dinner in honour of the delegates on the those pursuing good governance objectives evening of 25th October, 1998, which was needs an ombudsman’s office which is local- also attended by dignitaries from the Federal ly and internationally recognised as reasona- Capital as well as the Ombudsmen of Pun- bly meeting the requirements for such an jab, Sindh and Azad Jammu and Kashmir. office. At the conclusion of the Conference, on 29th October, 1998 the delegates went for Meeting of the Board of Directors of site-seeing to Taxila, one of the significant International Ombudsman Institute (IOI) historical sites of the world, depicting the Held in Islamabad from 26th to 29th old Gandhara civilisation. They visited Tar- October, 1998 bela Dam, the biggest earth-filled dam of the Pakistan had the honour of being the world. host for the Annual Meeting of the Board of Some of the delegates curtailed their Directors of IOI. On my invitation it had visit in respect of site-seeing because of their been decided in the previous Board Meeting commitments at home. The remaining dele- held in 1997 in Copenhagen to hold the gates visited Lahore, where they called on present meeting in Islamabad, Pakistan. the Chief Minister and the Governor of the Beside the lengthy agenda, the Board Province of Punjab who hosted a dinner in also elected Dr Jorge Luis Maiorano as Pres- their honour on 30th October, 1998. Justice ident, Sir Brian Elwood as Vice President (Retd) Manzoor Hussain Sial, Ombudsman and other office bearers. of Punjab hosted next day lunch for the During the Conference the participants delegate. They visited the historical places made a courtesy call on by the President of like Shalimar Gardens, Badshahi Mosque the Islamic Republic of Pakistan who hosted and Lahore Fort. a dinner in their honour. They were also Being host is a blessing. Much more so received by the Chairman, Senate of Paki- to a meeting of the Board of Directors of the stan. The Speaker, National Assembly being International Ombudsman Institute. Thanks abroad, they were received on his behalf by be to Allah, the Great. the Deputy Speaker of the National Assem- The list of Honourable Delegates who bly. The Chief Justice of Pakistan received attended the meeting is given below: them and hosted a dinner for them. They
CHAPTER - IX: International Contacts and Participation in Conferences 193
COUNTRY NAME OF DELEGATION MEMBERS ARGENTINA 1. Dr. Jorge Luis Maiorano Defensor del Pueblo de la República Vice-President I.O.I 2. Dr. Silvestre Enrique Octavio Dabove Office General Secretary General 3. Miss Ines Moreno Hueyo Translator Accompanying Spouses 4. Mrs. Nelida Wurzel de Maiorano 5. Mrs. Ana Maria Solichon de Dabove
AUSTRALIA 6. Mr. Frederick Norman Albietz Parliamentary Commissioner for Administrative Investigations
CANADA 7. Mr. Lewis Norman Klar I.O.I. Office Dean of Law Treasurer I.O.I 8. Mrs. Diane Callan Office Manager I.O.I 9. Prof. Linda Christine Reif Editor, I.O.I
CANADA 10. Mr. Daniel Jacoby (Alberta) Acting Executive Secretary I.O.I I.O.I. Office 11. Mrs. Dominique Bouchard Assistant to the I.O.I Executive Secretary 12. Mr. Andre Sasseville Special Adviser for the I.O.I Executive Secretary Accompanying Spouse 13. Mrs. Marie Calude Leyesoue
CANADA 14. Mrs. Roberta L. Jamieson Ombudsman
DENMARK 15. Dr. Hans Gammeltoft-Hansen Danish Parliamentary Ombudsman
HONG KONG 16. Mr. Kwok-wing Andrew So Ombudsman
CHAPTER - IX: International Contacts and Participation in Conferences 194
IRELAND 17. Mr. Kevin Murphy Ombudsman Accompanying Spouse 18. Mrs. Kay Murphy
MEXICO 19. Dr. Mireille Roccatti Velazquez de Terrein President Commission Nacional de Derechos Humanos 20. Mr. Ricardo Camara Executive Secretary
Accompanying Spouse 21. Mr. Francis Terrein
NETHERLANDS 22. Dr. Marten Oosting National Ombudsman of Netherlands President I.O.I Accompanying Spouse 23. Mrs. Heleen Oosting
NEW ZEALAND 24. Sir Brian George Conway Elwood Chief Ombudsman Accompanying Spouse 25. Lady Dawn Barbara Elwood
NIGERIA 26. Hon. Jackson I. Edokpa Chief Commissioner 27. Mr. Loto D. Olulota Head of Information and Public Enlightenment
PAKISTAN 28. Mr. Justice (Retd.) Abdul Shakurul Salam Ombudsman 29. Khwaja Ijaz Sarwar Additional Secretary Incharge 30. Brig. Zulfiqar Ahmad Khan (Retd.) Advisor Accompanying Spouse 31. Mrs. Marium Salam
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PERU 32. Dr. Jorge Santistevan de Noriega Ombudsman 33. Dr. Gino Costa Santolalla, Dy. Incharge Human Rights
SENEGAL 34. Prof. Seydou Madani Sy Mediateur De La Republique Du Senegal 35. Mr. Thiam MamadouCherif Charge De Mission
SLOVENIA 36. Mr. Ivan Bizjak Ombudsman
SOUTH KOREA 37. Mr. Chu Kwang-II Ombudsman 38. Mr. Lee Jeong-Min Deputy Director Accompanying Spouse 39. Mrs. Suh Eun-Kyung
SRI LANKA 40. Professor Bertram Bastiampillai Parliamentary Commissioner for Administration Accompanying Spouse 41. Mrs. Bertram Bastiampillai
UGANDA 42. Mr. Jotham Tumwesigye Inspector General of Government 43. Mr. Stanley Nsubuga
UNITED STATES OF AMERICA 44. Ms. Marie Ferguson Joint Office of Citizen Complaints
APPENDIX - I
ESTABLISHMENT OF THE OFFICE OF WAFAQI MOHTASIB (OMBUDSMAN) ORDER, 1983
PRESIDENT’S ORDER NO. I OF 1983
Whereas it is expedient to provide for the appointment of the Wafaqi Mohtasib (Ombudsman) to diagnose, investigate, redress and rectify any injustice done to a person through mal-administration; Now, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the President and Chief Martial Law Administrator is pleased to make following order:
1. Short Title, Extent and Commencement: (1) This Order may be called the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983. (2) It extends to the whole of Pakistan. (3) It shall come into force at once.
2. Definition.—In this Order, unless there is anything repugnant in the subject or context:- (1) "Agency" means a Ministry, Division, Department, Commission or office of the Federal Government or statutory corporation or other institution established or controlled by the Federal Government but does not include the Supreme Court, the Supreme Judicial Council, the Federal Shariat Court or a High Court; (2) "Mal-administration" includes:
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(i) a decision, process, recommendation, act of omission or commission which: (a) is contrary to law, rules or regulations or is a departure from established practice or procedure, unless it is bona fide and for valid reasons; or (b) is perverse, arbitrary or unreasonable, unjust, biased, oppressive, or discriminatory; or (c) is based on irrelevant grounds; or (d) involves the exercise of powers or the failure or refusal to do so, for corrupt or improper motives, such as, bribery, jobbery, favouritism, nepotism and administrative excesses; and (ii) neglect, inattention, delay, incompetence, inefficiency and ineptitude, in the administration or discharge of duties and responsibilities. (3) "Mohtasib" means the Wafaqi Mohtasib (Ombudsman) appointed under Article 3: (4) "Office" means the office of the Mohtasib; (5) "prescribed" means prescribed by rules made under this Order; (6) "Public Servant" means a public servant as defined in section 21 of the Pakistan Penal Code (Act XLV of 1860), and includes a Minister, Adviser, Parliamentary Secretary and the Chief Executive, Director, other officer or employee or member of any Agency; and (7) "staff" means any employee or commissioner of the Office and includes co-opted members of the staff, consultants, advisers, bailiffs, liaison officers and experts.
3. Appointment of Mohtasib (1) There shall be a Wafaqi Mohtasib (Ombudsman), who shall be appointed by the President. (2) Before entering upon office, the Mohtasib shall take an oath before the President in the form set out in the First Schedule. (3) The Mohtasib shall, in matters, perform his functions and exercise his powers fairly, honestly, diligently and independently of the executive; and all executive authorities throughout Pakistan shall act in aid of the Mohtasib.
4. Tenure of the Mohtasib (1) The Mohtasib shall hold office for a period of four years and shall not be eligible for any extension of tenure or re-appointment as Mohtasib under any circum- stances. (2) The Mohtasib may resign his office by writing under his hand addressed to the President.
5. Mohtasib not to hold any other office of profit, etc. (1) The Mohtasib shall not: (a) hold any other office of profit in the service of Pakistan; or (b) occupy any other position carrying the right to remuneration for rendering of services. (2) The Mohtasib shall not hold any office of profit in the service of Pakistan before the expiration of two years after he has ceased to hold that office; nor shall he be eligible during the tenure of office and for period of two years thereafter for
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election as a member of Parliament or a Provincial Assembly or any local body or take part in any political activity.
6. Terms and Conditions of Service and Remuneration of Mohtasib (1) The Mohtasib shall be entitled to such salary, allowances and privileges and other terms and conditions of service as the President may determine and these terms shall not be varied during the term of office of Mohtasib. (2) The Mohtasib may be removed from office by the President on the ground of misconduct or of being incapable of properly performing the duties of his office by reasons of physical or mental incapacity:
Provided that the Mohtasib may, if he sees fit and appropriate to refute any charges, request an open public evidentiary hearing before the Supreme Judicial Council and if such a hearing is not held within thirty days of re- ceipt of such request or not concluded within ninety days of its receipt, the Mohtasib will be absolved of any and all stigma whatever. In such circum- stances, the Mohtasib may choose to leave his office and shall be entitled to receive full remuneration and benefits for the rest of his term. (3) If the Mohtasib makes a request under the proviso to clause (2), he shall not per- form his functions under this Order until the hearing before the Supreme Judicial Council has concluded. (4) A Mohtasib removed from office on the ground of misconduct shall not be eligi- ble to hold any office of profit in the service of Pakistan or for election as mem- ber of Parliament or a Provincial Assembly or any local body.
7. Acting Mohtasib At any time when the Office of Mohtasib is vacant, or the Mohtasib is absent or is unable to perform his functions due to any cause, the President shall appoint an acting Mohtasib.
8. Appointment and Terms and Conditions of Service of Staff (1) The members of the staff, other than those mentioned in Article 20 or those of a class specified by the President by order in writing, shall be appointed by the President in consultation with the Mohtasib. (2) It shall not be necessary to consult the Federal Public Service Commission for making appointment of the members of the staff or on matters relating to qualifi- cation for such appointment and methods of their recruitment. (3) The members of the staff shall be entitled to such salary, allowances and other terms and conditions of service as may be prescribed having regard to the salary, allowances and other terms and conditions of service that may for the time being be admissible to other employees of the Federal Government in the corresponding Grades in the National Pay Scale. (4) Before entering upon office a member of the staff mentioned in clause (1) shall take an oath before the Mohtasib in the form set out in the Second Schedule.
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9. Jurisdiction, Functions and Power of the Mohtasib (1) The Mohtasib may, on a complaint by any aggrieved person, on a reference by the President, the Federal Council or the National Assembly, as the case may be, or on a motion of the Supreme Court or a High Court made during the course of any proceedings before it or of his own motion, undertake any investigation into any allegation of mal-administration on the part of any Agency or any of its offic- ers or employees:
Provided that the Mohtasib shall not have any jurisdiction to investigate or inquire into any matters which: (a) are sub-judice before a court of competent jurisdiction or tribunal or board in Pakistan on the date of the receipt of a complaint, reference or motion by him; or (b) relate to the external affairs of Pakistan or relations or dealing of Pakistan with any foreign state or government; or (c) relate to, or are connected with the defence of Pakistan or any part thereof, the military, naval and air forces of Pakistan, or the matters covered by the laws relating to those forces. (2) Notwithstanding anything contained in clause (1), the Mohtasib shall not accept for investigation any complaint by or on behalf of a public servant or functionary concerning any matters relating to the Agency in which he is, or has been, work- ing in respect of any personal grievance relating to his service therein. (3) For carrying out the objectives of this Order and, in particular for ascertaining the root causes of corrupt practices and injustice, the Mohtasib may arrange for stud- ies to be made or research to be conducted and may recommend appropriate steps for their eradication. (4) The Mohtasib may set up regional offices as, when and where required.
10. Procedure and Evidence (1) A complaint shall be made on solemn affirmation or oath and in writing addressed to the Mohtasib by the person aggrieved or, in the case of his death, by his legal representative and may be lodged in person at the office or handed over to the Mohtasib in person or sent by any other means of communication to the office. (2) No anonymous or pseudonymous complaints shall be entertained. (3) A complaint shall be made not later than three months from the day on which the person aggrieved first had the notice of the matter alleged in the complaint, but the Mohtasib may conduct any investigation pursuant to a complaint which is not within time if he considers that there are special circumstances which make it proper for him to do so. (4) When the Mohtasib proposes to conduct an investigation he shall issue to the principal officer of the Agency concerned, and to any other person who is alleged in the complaint to have taken or authorised the action complained of, a notice calling upon him to meet the allegations contained in the complaint, including re- buttal;
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Provided that the Mohtasib may proceed with the investigation if no re- sponse to the notice is received by him from such principal officer or other person within thirty days of the receipt of the notice or within such longer period as may have been allowed by the Mohtasib. (5) Every investigation shall be conducted in private, but the Mohtasib may adopt such procedure as he considers appropriate for such investigation and he may ob- tain information from such persons and in such manner and make such inquiries as he thinks fit. (6) A person shall be entitled to appear in person or be represented before the Mohta- sib. (7) The Mohtasib shall, in accordance with the rules made under this Order, pay expenses and allowances to any person who attends or furnishes information for the purposes of any investigation. (8) The conduct of an investigation shall not affect any action taken by the Agency concerned, or any power or duty of that Agency to take further action with respect to any matter subject to the investigation. (9) For the purposes of an investigation under this Order, the Mohtasib may require any office or member of the Agency concerned to furnish any information or to produce any document which in the opinion of the Mohtasib is relevant and help- ful in the conduct of the investigation, and there shall be no obligation to maintain secrecy in respect of disclosure of any information or document for the purposes of such investigation:
Provided that the President may, in his discretion, on grounds of its being a State secret, allow claim of privilege with respect to any information or document. (10) In any case where the Mohtasib decides not to conduct an investigation, he shall send to the complainant a statement of his reasons for not conducting the investi- gation. (11) Save as provided in this order, the Mohtasib shall regulate the procedure for the conduct of business or the exercise of powers under this Order.
11. Recommendations for Implementation (1) If, after having considered a matter on his own motion, or on a complaint or on a reference by the President, the Federal Council or the National Assembly, or on a motion by the Supreme Court or a High Court, as the case may be, the Mohtasib is of the opinion that the matter considered amounts to mal-administration, he shall communicate his findings to the Agency concerned: (a) to consider the matter further, (b) to modify or cancel the decision, process, recommendation, act or omission; (c) to explain more carefully the act or decision in question; (d) to take disciplinary action against any public servant of any Agency under the relevant laws applicable to him; (e) to dispose of the matter or case within a specified time; (f) to take action on his findings and recommendations to improve the working
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and efficiency of the Agency, within a specified time; or (g) to take any other step specified by the Mohtasib. (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 com- plying with the same. (3) In any case where the Mohtasib has considered a matter, or conducted an investi- gation, on a complaint or on a reference by the President, the Federal Council or the National Assembly or on a motion by the Supreme Court or a High Court, the Mohtasib shall forward a copy of the communication received by him from the Agency in pursuance of clause (2) to the complainant or, as the case may be, the President, the Federal Council, the National Assembly, the Supreme Court or the High Court. (4) If, after conducting an investigation, it appears to the Mohtasib that an injustice has been caused to the person aggrieved in consequence of mal-administration and that the injustice has not been or will not be remedied, he may, if he thinks fit, lay a special report on the case before the President. (5) If the Agency concerned does not comply with the recommendations of the Moh- tasib or does not give reasons to the satisfaction of the Mohtasib for non- compliance, it shall be treated as “Defiance of Recommendations” and shall be dealt with as hereinafter provided.
12. Defiance of Recommendations (1) If there is a “Defiance of Recommendations” by the public servant in any Agency with regard to the implementation of a recommendation given by the Mohtasib, the Mohtasib may refer the matter to the President who may, in his discretion, di- rect the Agency to implement the recommendation and inform the Mohtasib ac- cordingly. (2) In each instance of “Defiance of Recommendations” a report by the Mohtasib shall become a part of the personal file or Character Roll of the public servant primarily responsible for the defiance:
Provided that the public servant concerned had been granted an opportunity to be heard in the matter.
13. Reference by Mohtasib Where, during or after an inspection or an investigation, the Mohtasib is satisfied that any person is guilty of any allegations as referred to clause (1) of Article 9 the Mohtasib may refer the case to the concerned authority for appropriate correc- tive or disciplinary action, or both corrective and disciplinary actions, and the said authority shall inform the Mohtasib within thirty days of the receipt of refer- ence of the action taken. If no information is received within this period, the Mohtasib may bring the matter to the notice of the President for such action as he may deem fit.
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14. Powers of the Mohtasib (1) The Mohtasib shall, for the purposes of this Order, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely: (a) summoning and enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents; (c) receiving evidence on affidavits; and (d) issuing commission for the examination of witnesses. (2) The Mohtasib shall have the power to require any person to furnish information on such points or matters as, in the opinion of the Mohtasib, may be useful for, or relevant to, the subject matter of any inspection or investigation. (3) The powers referred to in clause (1) may be exercised by the Mohtasib or any person authorised in writing by the Mohtasib in this behalf while carrying out an inspection or investigation under the provisions of this Order. (4) Where the Mohtasib finds the complaint referred to in clause (1) of Article 9 to be false, frivolous or vexatious, he may award reasonable compensation to the Agency, public servant or other functionary against whom the complaint was made; and the amount of such compensation shall be recoverable from the com- plainant as an arrears of land revenue:
Provided that the award of compensation under this clause shall not debar the aggrieved person from seeking civil and criminal remedy. (5) If any Agency, public servant or other functionary fails to comply with a direction of the Mohtasib, he may, in addition to taking other actions under this Order, refer the matter to the appropriate authority for taking disciplinary action against the person who disregarded the direction of the Mohtasib. (6) If the Mohtasib has reason to believe that any Public servant or other functionary has acted in a manner warranting criminal or disciplinary proceedings against him, he may refer the matter to the appropriate authority for necessary action to be taken within the time specified by the Mohtasib. (7) The staff and the nominees of the Office may be commissioned by the Mohtasib to administer oaths for the purposes of this order and to attest various affidavits, affirmations or declarations which shall be admitted in evidence in all proceed- ings under this Order without proof of the signature or seal or official character of such person.
15. Power to Enter and Search any Premises (a) The Mohtasib, or any member of the staff authorised in this behalf, may, for the purpose of making any inspection or investigation, enter any premises where the Mohtasib or, as the case may be, such member has reason to believe that any arti- cle, book of accounts, or any other document relating to the subject matter of in- spection or investigation may be found, and may: (a) search such premises and inspect any article, book of accounts or other documents;
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(b) take extract or copies of such books of accounts and documents; (c) impound or seal such articles, books of accounts and documents; and (2) All searches made under clause (1) shall be carried out, mutatis mutandis, in accordance with the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898).
16. Power of Punish for Contempt (1) The Mohtasib shall have same powers, mutatis mutandis, as the Supreme Court has to punish any person for its contempt who: (a) abuses, interferes with, impedes, imperils, or obstructs the process of the Mohtasib in any way or disobeys any order of the Mohtasib; (b) scandalises the Mohtasib or otherwise does anything which tends to bring the Mohtasib, his staff or nominees or any person authorised by the Mohta- sib in relation to his office, into hatred, ridicule or contempt; (c) does anything which tends to prejudice the determination of a matter pend- ing before the Mohtasib; or (d) does any other thing which, by any other law, constitutes contempt of court:
Provided that fair comments made in good faith and in public interest on the working of the Mohtasib or any of his staff, or on final report of the Mohta- sib after the completion of the investigation shall not constitute contempt of the Mohtasib or his Office. (2) Any person sentenced under clause (1) may, notwithstanding anything herein contained, within thirty days of the passing of the order, appeal to the Supreme Court. (3) Nothing in this Article takes away from the power of the President to grant par- don, reprieve or respite and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.
17. Inspection Team (1) The Mohtasib may constitute an Inspection Team for the performance of any of the functions of the Mohtasib. (2) An Inspection Team shall consist of one or more members of the staff and shall be assisted by such other person or persons as the Mohtasib may consider neces- sary. (3) An Inspection Team shall exercise such of the powers of the Mohtasib as he may specify by order in writing and every report of the Inspection Team shall first be submitted to the Mohtasib with its recommendations for appropriate action.
18. Standing Committees, etc. The Mohtasib may, whenever he thinks fit, establish standing or advisory com- mittees at specified places with specified jurisdiction for performing such func- tions of the Mohtasib as assigned to them from time to time, and every report of such committee shall first be submitted to the Mohtasib with its recommendations for appropriate action.
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19. Delegation of Powers The Mohtasib may, by order in writing, delegate such of his powers as may be specified in the order to any member of his staff or to a standing or advisory committee, to be exercised subject to such conditions as may be specified, and every report of such member or committee shall first be submitted to the Mohta- sib with his or its recommendations for appropriate action.
20. Appointment of Advisers, etc. The Mohtasib may appoint advisers, consultants, fellows, bailiffs, interns, com- missioners and experts or ministerial staff with or without remuneration, to assist him in the discharge of his duties under this Order.
21. Authorisation of Provincial Functionaries, etc. The Mohtasib may, if he considers it expedient, authorise, with the consent of a Provincial Government, any agency, public servant or other functionary working under the administrative control of the Provincial Government to undertake the functions of the Mohtasib under clause (1) or clause (2) of Article 14 in respect of any matter falling within the jurisdiction of the Mohtasib; and it shall be the duty of the agency, public servant or other functionary so authorised to undertake such functions to such extent and subject to such conditions as the Mohtasib may spec- ify.
22. Award of Costs & Compensation & Refunds of Amounts (1) The Mohtasib may, where he deems necessary, call upon a public servant, other functionary or any Agency to show cause why compensation be not awarded to an aggrieved party for any loss or damage suffered by him on account of any mal- administration committed by such public servant, other functionary or agency, and after considering the explanation, and hearing such public servant, other functionary or Agency, award reasonable costs or compensation and the same shall be recoverable as arrears of land revenue from the public servant, function- ary or Agency. (2) In cases involving payment of illegal gratification by any employee of any Agen- cy, or to any other person on his behalf, or misappropriation, criminal breach of trust or cheating, the Mohtasib may order the payment thereof for credit to the government or pass such other order as he may deem fit. (3) An order made under clause (2) against any person shall not absolve such person of any liability under any other law.
23. Assistance & Advice to Mohtasib (1) The Mohtasib may seek the assistance of any person or authority for the perfor- mance of his functions under this Order. (2) All officers of any Agency and any person whose assistance has been sought by the Mohtasib in the performance of his functions shall render such assistance to the extent it is within their power or capacity. (3) No statement made by a person or authority in the course of giving evidence
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before the Mohtasib or his staff shall subject him to, or be used against him in any civil or criminal proceedings except for prosecution of such person for giving false evidence.
24. Conduct of Business (1) The Mohtasib shall be the Chief Executive of the Office. (2) The Mohtasib shall be the Principal Accounts Officer of the Office in respect of the expenditure incurred against budget grant or grants controlled by the Mohta- sib and shall, for this purpose, exercise all the financial and administrative powers delegated to a Ministry or Division.
25. Requirement of Affidavits (1) The Mohtasib may require any complainant or any party connected or concerned with a complaint or with any inquiry or reference, to submit affidavit attested or notarised before any competent authority in that behalf within the time prescribed by the Mohtasib or his staff. (2) The Mohtasib may take evidence without technicalities and may also require complainants or witnesses to take lie detection tests to examine their veracity and credibility and draw such inferences that are reasonable in all circumstances of the case, especially when a person refuses, without reasonable justification, to submit to such tests.
26. Remuneration of Advisers, Consultants etc. (1) The Mohtasib may, in his discretion, fix an honorarium or remuneration to any person for exceptional services rendered, or valuable assistance given to the Moh- tasib in carrying out his functions:
Provided that the Mohtasib shall withhold the identity of the person, if so requested by the person concerned, and take steps to provide due protection under the law to such person against harassment, victimisation, retribution, reprisals or retaliation.
27. Mohtasib & Staff to be Public Servants The Mohtasib, the employees, officers and all other staff of the Office shall be deemed to be public servants within the meaning of Section 21 of the Pakistan Penal Code (Act XLV of 1860).
28. Annual & Other Reports (1) Within three months of conclusion of the calendar year to which the report per- tains, the Mohtasib shall submit an Annual Report to the President. (2) The Mohtasib may, from time to time, lay before the President such other reports relating to his functions as he may think proper or as may be desired by the President. (3) Simultaneously, such reports shall be released by the Mohtasib for publication and copies thereof shall be provided to the public at reasonable cost. (4) The Mohtasib may also, from time to time, make public any of his studies, re- search, conclusions, recommendations, ideas or suggestions in respect of any
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matters being dealt with by the Office. (5) The report and other documents mentioned in this Article shall be placed before the Federal Council or the National Assembly, as the case may be.
29. Bar of Jurisdiction No court or other authority shall have jurisdiction: (1) to question the validity of any action taken, or intended to be taken, or order made, or anything done or purporting to have been taken, made or done un- der this Order; or (2) to grant an injunction or stay or to make any interim order in relation to any proceedings before, or anything done or intended to be done or purporting to have been done by, or under the orders or at the instance of the Mohtasib.
30. Immunity No suit, prosecution or other legal proceeding shall lie against the Mohtasib, his Staff, Inspection Team, nominees, member of a Standing or Advisory Committee or any person authorised by the Mohtasib for anything which is in good faith done or intended to be done under this Order.
31. Reference by President (1) The President may refer any matter, report or complaint for investigation and independent recommendations by the Mohtasib. (2) The Mohtasib shall promptly investigate any such matter, report or complaint and submit his findings or opinion within a reasonable time. (3) The President may, by notification in the official Gazette, exclude specified mat- ters, public functionaries or Agency from the operation and purview of all or any of the provisions of this Order.
32. Representation to President Any person aggrieved by a decision or order of the Mohtasib may, within thirty days of the decision or order, make a representation to the President, who may pass such order thereon as he may deem fit.
33. Informal Resolution of Disputes (1) Notwithstanding any thing contained in this Order, the Mohtasib and a member of the Staff shall have the authority to informally conciliate, amicably resolve, stipu- late, settle or ameliorate any grievance without written memorandum and without the necessity of docketing any complaint or issuing any official notice. (2) The Mohtasib may appoint for purposes of liaison counsellors, whether honorary or otherwise, at local levels on such terms and conditions as the Mohtasib may deem proper.
34. Service of Process (1) For the purposes of this Order, a written process or communication from the Of- fice shall be deemed to have been duly served upon a respondent or any other person by, inter alia, any one or more of the following methods, namely:
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(i) by service in person through any employee of the Office or by any special process-server appointed in the name of the Mohtasib by any authorised staff of the Office, or any other person authorised in this behalf; (ii) by depositing in any mail box or posting in any Post Office a postage-prepaid copy of the process, or any other document under certificate of posting or by registered post acknowledgement due to the last known address of the re- spondent or person concerned in the record of the Office in which case service shall be deemed to have been effected ten days after the aforesaid mailing; (iii) by a police officer or any employee or nominee of the Office leaving the process or document at the last known address, abode or place of business of the respondent or person concerned and, if no one is available at the aforementioned address, premises or place, by affixing a copy of the pro- cess or other document to the main entrance of such address; and (iv) by publishing the process or document through any newspaper and sending a copy thereof to the respondent or the person concerned through ordinary mail, in which case service shall be deemed to have been effected on the day of the publication of the newspaper. (2) In all matters involving service the burden of proof shall be upon a respondent to credibly demonstrate by assigning sufficient cause that he, in fact, had absolutely no knowledge of the process, and that he actually acted in good faith. (3) Whenever a document or process from the Office is mailed, the envelope or the package shall clearly bear the legend that it is from the Office.
35. Expenditure to be Charged on Federal Consolidated Fund The remuneration payable to the Mohtasib and the administrative expenses of the Office, including the remuneration payable to staff, nominees and grantees, shall be an expenditure charged upon the Federal Consolidated Fund.
36. Rules The Mohtasib may, with the approval of the President, make rules for carrying out the purposes of the Order.
37. Order to Override Other Laws The provisions of this Order shall have effect notwithstanding any thing con- tained in any other law for the time being in force.
38. Removal of Difficulties If any difficulty arises in giving effect to any provision of this Order, the Presi- dent may make such order, not inconsistent with the provisions of this Order, as may appear to him to be necessary for the purpose of removing such difficulty.
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THE FIRST SCHEDULE
[See Article 3 (2)]
I, ...... do solemnly swear that I will bear true faith and allegiance to Pakistan. That as Wafaqi Mohtasib, I will discharge my duties and perform my functions honestly, to the best of my ability, faithfully in accordance with the laws of the Islamic Republic of Pakistan, and without fear or favour, affection or ill-will; That I will not allow my personal interest to influence my official conduct or my official decisions; That I shall do my best to promote the best interest of Pakistan; And that I will not directly or indirectly communicate, or reveal to any person any mat- ter which shall be brought under my consideration, or shall become known to me, as Wafaqi Mohtasib, except as may be required for the due discharge of my duties as Wafaqi Mohtasib. May Allah Almighty help and guide me (Ameen).
THE SECOND SCHEDULE
[See Article 8 (4)]
I, ...... do solemnly swear that I will bear true faith and allegiance to Pakistan; That as an employee of the office of the Wafaqi Mohtasib, I will discharge my duties and perform my functions honestly, to the best of my ability, faithfully in accordance with the Laws of the Islamic Republic of Pakistan and without fear or favour, affection, or ill-will. That I will not allow my personal interest to influence my official conduct or my official decisions; And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration, or shall become known to me, as an employ- ee of the office of the Wafaqi Mohtasib. May Allah Almighty help and guide me (Ameen).
GENERAL M. ZIA-UL-HAQ, President and Chief Martial Law Administrator.
APPENDIX - II
CHARTER OF THE ASIAN OMBUDSMAN ASSOCIATION (AOA)
AOA: Formation & Principles the following characteristics: In April 1996 Pakistan played host to (a) to investigate grievance of the International Conference of Asian Om- any person or body of per- budsmen wherein 40 delegates from 18 sons concerning any deci- countries unanimously decided to form the sion or any act done or Asian Ombudsman Association (AOA). The omitted by any administra- guiding principles as decided in the confer- tive authority over which ence were: jurisdiction exists; and (1) The Association shall be non- (b) to make recommendations political, democratic and profes- to authorities under juris- sional. diction. (2) A Member shall be a person, (3) The Association’s boundaries are whether titled Ombudsman, Par- not fixed but aim of the Associa- liamentary Commissioner, Min- tion is to bring together Om- ister of Supervision, Commis- budsmen whose constitutional sioner for Administrative Com- environment has sufficient simi- plaints, or, with other designa- larities to make understandable tion who has been appointed or collegiality, co-ordinating a elected according to the constitu- meaningful and shared experi- tion or law of the country con- ence. cerned and whose role includes (4) Meeting of the Asian Ombuds-
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man Association will generally (b) to facilitate exchange of be held annually and the Om- information that assists in budsman of the host country will resolution of problems sit as Chairman. which Ombudsmen in Asia (5) Besides members of the AOA, are confronted with; and observers, i.e. persons interested (c) to promote the aims and in Ombudsman or like function, concepts of Ombudsman- may be invited. ship in Asia, including as- (6) The objectives of the Associa- sistance in the establish- tion shall be: ment of new jurisdictions (a) to promote professionalism and assistance to newly in discharging the role as appointed Ombudsmen. Ombudsman;
APPENDIX - III
BYE-LAWS OF THE ASIAN OMBUDSMAN ASSOCIATION (AOA)
1. Name courage its development in The Association shall be called “Asian Asia. Ombudsman Association”. (b) To develop professionalism 2. Headquarters in discharge of the functions The Headquarters of the Association as Ombudsman. shall be located at Islamabad, Pakistan. (c) To encourage and support However, a member in host country/region, study and research regarding where the annual general meeting of the the institution of Ombuds- Association is held, may establish office for man. the purpose. (d) To sponsor training and edu- 3. Association’s Insignia cational programmes for the The Association’s insignia shall be as institutions of Ombudsman annex-I. in the region. 4. Objectives (e) To provide scholarships, fel- (1) The Association shall be inde- lowships, grants and other pendent, non-political, democratic types of financial support to and professional body. individuals for study relating (2) It is formed for the following ob- to the institution of the Om- jectives: budsman. (a) To promote the concepts of (f) To collect, store, disseminate Ombudsmanship and to en- information and research da-
APPENDIX - III: Bye-Laws of the Asian Ombudsman Association (AOA) 212
ta about the institution of results of activities or on any mat- Ombudsman. ter arising from an investigation. (g) To facilitate exchange of in- formation and experiences (2) ASSOCIATE MEMBERS among the Ombudsmen of Persons or head of Agencies interested the region. in or involved in Ombudsman like activities (h) To plan, arrange and super- who do not qualify as voting members, for vise periodic conferences of example universities, hospitals, prisons and the Ombudsmen of the Asian press etc. countries/regions. (i) To undertake such other mat- (3) HONORARY LIFE MEMBERS ters necessary to further the Honorary Life Membership may be above objectives of the As- conferred by the Board of Directors from sociation. persons who have made outstanding contri- 5. Membership bution to the Ombudsman ethos or func- The Association shall comprise of — tions. Voting Members, Associate Members, Hon- orary Life Members and Individual Mem- (4) INDIVIDUAL MEMBERS bers. The Association may allow any indi- vidual to become a member who has shown (1) VOTING MEMBERS interest through writings, research or other- Voting Member shall be a person hold- wise in the concept of Ombudsmanship and ing the office of Ombudsman, Parliamentary whose Membership shall advance the objec- Commissioner, Minister of Supervision, tives of the Association. Commissioner for Administrative Com- plaints or the head of any office or organisa- (5) ACCEPTANCE tion known by any designation who has been The General Assembly in the case of a appointed or elected according to the consti- Voting Member and the Board of Directors tution or law of the country/region and in the case of other types of Members shall whose role includes the following character- decide about the Membership. In case of istics: dispute or objection to the decision of the (a) to investigate the grievance of any Board of Directors, the applicant shall have person or body of persons con- the right of appeal to the General Assembly, cerning any decision or recom- whose decision shall be ratified by consen- mendation made or any act com- sus of voting members. mitted or omitted by any adminis- trative authority over which the (6) RIGHTS AND OBLIGATIONS jurisdiction exists; (a) Besides the founding members of (b) to make recommendations to au- the Association who have a right thorities under the jurisdiction; of vote, others elected as members (c) to discharge functions; independ- shall have a right of vote, subject ent of the organisations over to the condition that member(s) which jurisdiction is held; and from a country shall have one (d) to report to the Head of State, vote. Government or the Legislature the (b) Any member may request the
APPENDIX - III: Bye-Laws of the Asian Ombudsman Association (AOA) 213
Board of Directors to consider members request and submit a any matter relating to the Associa- written agenda within one month. tion or any of its body. (3) The General Assembly shall be (c) The Associate, Honorary, and In- convened by sending written no- dividual members may participate tices at least thirty days prior to but shall have no right of vote in the schedule and communicating the General Assembly. the proposed agenda to the mem- (d) All members are entitled to and bers. obliged to do every thing in their (4) The General Assembly shall have power to promote the aims of the the right: Association and to observe its (a) to accept voting member- statutes and resolutions. ship; (b) to elect the members of the (7) CANCELLATION Board of Directors and one The General Assembly shall be entitled auditor; to cancel the Membership by two-third ma- (c) to fix the membership jority when a member has: dues; (a) violated the statutes of the Asso- (d) to pass amendment in statute ciation; or and basic organisational is- (b) damaged its reputation; or sues; (c) not fulfilled the conditions set (e) to confer special honours on down for membership; or deserving persons; (d) not cleared the membership dues (f) to approve reports of the after receiving three written notic- Board of Directors and the es. auditor; and (g) to decide venue of the next (8) WITHDRAWAL meeting of the members. Any Member may withdraw from the (5) The General Assembly shall be Association at any time by notifying ninety deemed to have a quorum when at days in advance. least half of the voting members are present. All resolutions of the (9) OBSERVERS General Assembly shall require a Persons interested in Ombudsmanship simple majority of the voting or similar functions being performed by members present. However, for other bodies may be invited as Observers. adopting a resolution on matters 6. General Assembly contained in items (d) above, a (1) The General Assembly shall con- two-third majority of the voting sist of the voting members. members shall be necessary. (2) The General Assembly shall be (6) The General Assembly shall be called once a year by the Presi- chaired by the President or in his dent. An extraordinary General absence by the Vice-President and Assembly shall be convened by by the member who is organising the President when important de- the conference. In case of election cisions have to be made, or when of the President or the entire at least one-fifth of the voting Board of Directors, the senior
APPENDIX - III: Bye-Laws of the Asian Ombudsman Association (AOA) 214
most member present in office the General Assembly as set out in shall preside. para 6(4)(a) to (g) shall be dealt 7. Board Of Directors with by the Board of Directors. (1) The Board of Directors shall con- (8) The President shall represent the sist of: Association, convene the meet- (a) The President; ings of the Board of Directors and (b) The Vice-President; act as Chairman of meetings. (c) The Secretary; (9) If the President is absent or oth- (d) The Treasurer; and erwise prevented, he shall author- (e) Five voting members. ise any other Director to act on his (2) The Board of Directors shall be behalf. The President shall be au- elected by the General Assembly, thorised to sign together with the for a term of two years, but shall treasurer all financial matters. remain in office until the new 8. Secretariat Board of Directors has been elect- (1) The Secretariat shall consist of the ed. The Board of Directors shall President, the Vice President, the be entitled to co-opt members. Secretary and the Treasurer and (3) The Board may decide matters by shall carry on all functions en- circulation. The place of meeting trusted by the Board of Directors. (if any) shall be decided by the (2) The auditor, selected for two years President in consultation with from amongst the voting mem- other members of the Board. bers, shall be responsible for ex- (4) Resolutions by the Board of Di- amining the financial manage- rectors shall be adopted by major- ment of the Association and sub- ity vote. In the event of a tie, the mitting annually a written report President shall cast the deciding to the General Assembly. vote. 9. Miscellaneous (5) Directors shall not receive any In case of difficulties in giving effect to remuneration of their services, but provisions of this Statute or interpretation of by resolution of the Board, ex- any clause thereof, the matter shall be re- penses may be allowed for their ferred to the President who may decide it, or attendance at annual or special refer it to the Board of Directors, or the meetings of the Board. General Assembly according to the nature (6) Any Director who ceases to repre- and gravity of the matter. Decision of the sent the office of the Ombudsman President may be reviewed by the Board of shall cease to be a member of the Directors and their’s by the General Assem- Board of Directors but his succes- bly. sor shall hold office for the re- (Resolution passed is at annex-II. maining term of the retiring Di- rector. Closure In the concluding session the delegates RESPONSIBILITIES thanked the Chair. Justice (Rtd) Abdul Sha- (7) All matters in furtherance of the kurul Salam, Ombudsman of Pakistan grate- objectives of the Association in- fully acknowledged the trouble taken by the cluding financial, not reserved for delegations to come from far off places to
APPENDIX - III: Bye-Laws of the Asian Ombudsman Association (AOA) 215 participate in the Preparatory Committee achieving unanimity. He apologised for any meeting and expressed his sincere gratitude inconvenience which might have been to the delegates for their efforts and dedica- caused to the delegates in spite of the best tion in finalisation of the proposals. He ap- efforts. In the end he profusely thanked the preciated the friendship and co-operation in participants and wished their safe return.
APPENDIX - III: Bye-Laws of the Asian Ombudsman Association (AOA) 216
ANNEXURE - I
A. O. A. INSIGNIA
APPENDIX - III: Bye-Laws of the Asian Ombudsman Association (AOA) 217
ANNEXURE - II
Whereas a meeting of the Ombudsmen or similar office-holders was held in Islamabad, Pakistan on 15th-16th April, 1996 in which 18 countries participated and it was decided to form an Asian Ombudsman Association. Whereas it was further decided to constitute a Preparatory Committee for drawing up proposals for Bye-Laws consisting of the representatives of the People’s Republic of China, Islamic Republic of Iran, Sri Lanka, Hong Kong and Republic of Korea. Pakistan being its Convenor/Chairman. Whereas Pakistan prepared the draft proposals after exchange of communications. Whereas the aforesaid proposals alongwith those of Iran and Korea were discussed in Seoul, Korea on 25th-27th March, 1997. As China was not represented, the discussion was deferred. Now the members of the Preparatory Committee have met in Islamabad, Pakistan on 10th-11th November, 1997. They have formulated the proposals as draft Bye-Laws for adoption by the founding members of the Asian Ombudsman Association. The Third Meeting of the Asian Ombudsman Association was convened by Mr. Luis Manuel Guerreiro de Mendonca Freitas, High Commissioner Against Corruption and Admin- istrative Illegality of Macau, which was held from 4th to 6th of May 1998. Considering the proposals formulated by the Preparatory Committee that met in Islama- bad, Pakistan on 10th-11th November 1997, as amended, the Founding Members of the Asian Ombudsman Association or their representatives, assembled in Macau, unanimously accept and adopt the following Bye-Laws of the Asian Ombudsman Association.
APPENDIX - III: Bye-Laws of the Asian Ombudsman Association (AOA) 218
APPENDIX - III: Bye-Laws of the Asian Ombudsman Association (AOA) 219
APPENDIX - IV
STATISTICAL ANALYSIS
APPENDIX - IV: Statistical Analysis 221
TABLE I
CASES BROUGHT FORWARD FROM PREVIOUS YEAR AND RECEIVED AND DISPOSED OF DURING THE YEAR 1998
Number of S. No. Agency Complaints
1. No. of Complaints brought forward from previous year. 14,985
2. No. of complaints received during the year. *44,332
3. No of complaints dealt-with during the year. 59,317 (S.No.1 plus S.No.2)
4. No of complaints disposed of after initial examination/ 15,560 preliminary investigation. (Out of S.No.2 above)
5. No of complaints admitted for investigation. 28,772 (Out of S.No.2 above)
6. Thus total investigation work-load during the year. 43,757 (S.No.1 plus S.No.5 above)
7. Grievance redressed after detailed investigation. 32,559
8. Rejected after detailed investigation. 4,337
9. Total disposal during the year 1998. (S. No. 4 plus 52,456 S. No. 7 plus S. No. 8)
10. Under investigation on 31.12.1998 6,861
* The average number of complaints received during each working day comes to 150. (Twenty-one complaints received after every one hour during each working day)
APPENDIX - IV: Statistical Analysis 222
TABLE II
TOTAL NUMBER OF COMPLAINTS RECEIVED DURING THE YEAR 1998
Number of Percentage S. No. Agency Complaints of Total
1. Federal Agencies 38,887 88%
2. Provincial Agencies and others. 5,445 12%
Grant Total: 44,332 –
Out of 150 complaints, 132 were against the agencies which are under Federal Gov- ernment control, while the remaining 18 complaints were against the Provincial Government Departments or Private concerns received per day.
APPENDIX - IV: Statistical Analysis 223
TABLE III
DISPOSAL OF COMPLAINTS DURING THE YEAR 1998
Number of S. No. Description Complaints
1. Investigation work-load during the year. *43,757
2. Grievance redressed after detailed investigation. 32,559
3. Rejected after detailed investigation. 4,337
4. Under investigation on 31.12.1998 6,861
* This figure includes 14,985 cases brought forward from previous year.
APPENDIX - IV: Statistical Analysis 224
TABLE IV
DIVISION-WISE DISTRIBUTION OF COMPLAINTS RECEIVED AND ADMITTED DURING THE YEAR 1998
Complaints Complaints S. No. Name of Agency Received Admitted 1. Aviation Division 196 106 2. Cabinet Division 348 234 3. Commerce Division 809 604 4. Communications Division 8,767 6,268 5. Culture, Sports Tourism and Youth Affairs Division 25 17 6. Defence Division 708 359 7. Defence Production Division 2 1 8. Economic Affairs Division 4 2 9. Education Division 1,144 865 10. Election Commission of Pakistan 0 0 11. Environment and Urban Affairs Division 15 8 12. Establishment Division 135 79 13. Finance Division 3,912 2,303 14. Food and Agriculture Division 70 34 15. Foreign Affairs Division 43 28 16. Health Division 101 53 17. Human Rights Commission - - 18. Industries and Production Division 196 115 19. Information and Media Development Division 117 67 20. Interior Division 398 229 21. Kashmir Affairs and Northern Affairs Division 43 26 22. Labour Manpower & Overseas Pakistanis Division 70 45 23. Law, Justice & Parliamentary Affairs Division 15 5 24. Local Government and Rural Development Division 126 102 25. Management and Services Division - - 26. Pakistan Atomic Energy Commission 23 8 27. Petroleum and Natural Resources Division 2,874 2,230 28. Planning and Development Division 10 3
APPENDIX - IV: Statistical Analysis 225
Complaints Complaints S. No. Name of Agency Received Admitted 29. Population Welfare Division 25 14 30. Railways Division 2,021 1,231 31. Religious Affairs & Minorities Affairs Division 79 44 32. Science and Technology Research Division 29 14 33. States and Frontier Regions Division 11 6 34. Statistics Division 28 17 35. Water and Power Division 15,722 12,972 36. Women’s Development Division 4 3 37. Works Division 786 560 38. Prime Minister’s Secretariat 18 1 39. President’s Secretariat - - 40. Senate Secretariat/National Assembly 4 1 41. Social Welfare and Special Education Division 5 1 42. Zakat & Ushr Division 4 2 43. Non-Federal/Provincial/Private 5,445 115 Total: 44,332 28,772
APPENDIX - IV: Statistical Analysis 226
TABLE V
NATURE OF MALADMINISTRATION IN COMPLAINTS ADMITTED FOR INVESTIGATION DURING THE YEAR 1998
Number of Percentage* S. No. Nature of Maladministration Complaints of Total
1. Delay 4,471 16%
2. Inattention 1,777 6%
3. Neglect 944 3%
4. Inefficiency/Ineptitude 32 -
5. Unjust/Biased Decisions 6,269 22%
6. Actions Contrary to Law/Rules 604 2%
7. Corrupt Motives 102 -
8. Administrative Excesses 1,205 4%
9. Discrimination/Favouritism 394 1%
10. Arbitrary Decisions 9,899 34%
11. Other Causes 3,075 11%
Total: 28,772 100%
The above data provides the directions in which efforts need to be made in overhaul- ing our public dealing offices for better operations.
* Total may not tally due to rounding.
APPENDIX - IV: Statistical Analysis 227
TABLE VI
REASONS FOR REJECTION AFTER INITIAL EXAMINATION/PRELIMINARY INVESTIGATION DURING THE YEAR 1998
Number of Percentage S. No. Reasons for Rejection Complaints of Total
1. No Maladministration 1,070 7%
2. Service Matters 1,650 11%
3. Complainant’s Confirmation not Received 577 4%
4. Anonymous/Pseudonymous 536 3%
5. Sub-judice Matters 400 3%
6. Otherwise Beyond Jurisdiction * 11,327 73%
Total: 15,560 100
* It includes petitions, prayers, premature complaints and requests as well as complaints against Provincial Government or Government functionaries in their private capacity.
** Total may not tally due to rounding.
On the daily work load basis 53 complaints of above categories were disposed of. Although no relief is provided in these cases, but they have their own value as these provide for ventilation of the grievance and knowledge that what can be brought before the Ombudsman. It also helps the Organisation to know what grievances the people have and suggest remedies thereof.
APPENDIX - IV: Statistical Analysis 228
TABLE VII
DATA REGARDING COMPLAINTS RECEIVED, ADMITTED AND DISPOSED OF IN RESPECT OF FIRST SIX HIGHEST AGENCIES DURING THE YEAR 1998
Complaints Complaints Complaints S. No. Agency Received Entertained Disposed of 1. Water and Power 15,722 12,972 16,652 (35%) (45%) (45%) 2. Communications 8,767 6,268 7,954 (20%) (22%) (22%) 3. Finance 3,912 2,303 3,124 (9%) (8%) (8%) 4. Petroleum and Natural Resources 2,874 2,230 2,789 (6%) (8%) (7%) 5. Railways 2,021 1,231 1,316 (5%) (4%) (4%) 6. Education 1,144 865 1,221 (3%) (3%) (3%) Sub-Total for Six Agencies: 34,440 25,869 33,056 (78%) (90%) (90%) Total for All Agencies: 44,332 28,772 36,896 (100) (100) (100)
Note:– Total may not tally due to rounding.
APPENDIX - IV: Statistical Analysis 229
TABLE VIII
DIVISION-WISE DISTRIBUTION OF COMPLAINTS DISPOSED OF AFTER INVESTIGATION DURING THE YEAR 1998
S. No. Name of Division Redressed Rejected 1. Aviation Division 120 51 2. Cabinet Division 222 90 3. Commerce Division 689 130 4. Communications Division 6,892 1,062 5. Culture, Sports, Tourism & Youth Affairs Division 12 4 6. Defence Division 442 31 7. Defence Production Division 2 - 8. Economic Affairs Division 3 - 9. Education Division 1,105 116 10. Election Commission of Pakistan - - 11. Environment and Urban Affairs Division 8 - 12. Establishment Division 82 26 13. Finance Division 2,421 703 14. Food, Agriculture & Livestock Division 39 14 15. Foreign Affairs Division 28 7 16. Health Division 46 14 17. Human Rights Commission 1 - 18. Industries and Production Division 109 37 19. Information and Media Development Division 74 22 20. Interior Division 216 36 21. Kashmir Affairs and Northern Affairs Division 24 11 22. Labour, Manpower and Overseas Pakistanis Division 67 11 23. Law, Justice & Parliamentary Affairs Division 2 3 24. Local Government and Rural Development Division 103 30 25. Management and Services Division 1 - 26. Pakistan Atomic Energy Commission 10 3 27. Petroleum and Natural Resources Division 2,568 221 28. Planning and Development Division 3 1 29. Population Welfare Division 19 8
APPENDIX - IV: Statistical Analysis 230
S. No. Name of Division Redressed Rejected 30. Railways Division 1,112 204 31. Religious Affairs & Minorities Affairs Division 39 11 32. Science and Technology Research Division 15 7 33. States and Frontier Regions Division 6 1 34. Statistics Division 11 2 35. Water and Power Division 15,300 1,352 36. Women’s Development Division 3 - 37. Works Division 651 90 38. Prime Minister’s Secretariat 2 - 39. President’s Secretariat - - 40. Senate/National Assembly Secretariat - - 41. Social Welfare and Special Education Division 1 1 42. Zakat & Ushr Division 2 - 43. Non-Federal/Provincial/Private 109 38 Total: 32,559 4,337
Against Water & Power Division 8% and Communications Division 13% of the complaints investigated were found to be without any justification. This ratio comes to 23% for the Finance Division and 8% for the Petroleum and Natural Resources Division.
STATISTICAL ANALYSIS — INTERPRETATION OF DATA
PART - II
COMPARATIVE STATISTICS
APPENDIX - IV: Statistical Analysis 232
TABLE IX
RECEIPT AND DISPOSAL OF CASES FROM AUGUST 8, 1983 TO DECEMBER 31, 1998
Number of Percentage S. No. Description Complaints of Total
1. Total Number of Complaints Received 617,493 100
2. Total Number of Complaints Disposed of 610,632 98.9%
3. Pending * 6,861 1.1%
* All cases pending are less than three months old.
Approximately on the average the total number of complaints on each working day comes to 144 out of which 143 complaints were disposed of on each working day.
APPENDIX - IV: Statistical Analysis 233
TABLE X
COMPLAINTS RECEIVED DURING THE YEARS 1983 TO 1998
Average of S. No. Agency 1997 1998 1983-1996
1. Federal Agencies 27,486 39,086 38,887 (70%) (87%) (88%)
2. Provincial Agencies and Others 11,925 5,835 5,445 (30%) (13%) (12%)
Total: 39,411 44,921 44,332 (100) (100) (100)
APPENDIX - IV: Statistical Analysis 234
TABLE XI
DATA REFLECTING ACTION TAKEN ON COMPLAINTS PERTAINING TO FEDERAL AGENCIES AFTER INITIAL EXAMINATION/PRELIMINARY INVESTIGATION FOR THE YEARS 1983 TO 1998
Average of S. No. Status 1997 1998 1983-1996
1. Admitted for Investigation 14,494 26,486 28,772 (37%) (59%) (65%)
2. Not Entertained After Initial Examination 24,927 18,435 15,560 (63%) (41%) (35%)
Total: 39,421 44,921 44,332 (100) (100) (100)
APPENDIX - IV: Statistical Analysis 235
TABLE XII
DATA REGARDING REDRESSAL AND REJECTION OF COMPLAINTS TAKEN-UP FOR INVESTIGATION DURING THE YEARS 1983 TO 1998
Average of S. No. Status 1997 1998 1983-1996
1. Redressed 10,276 20,979 32,559 (75%) (86%) (88%)
2. Rejected 3,340 3,428 4,337 (25%) (14%) (12%)
Total: 13,616 24,407 36,896 (100) (100) (100)
The gap between redressed and rejected complaints is increasing. This is indicative of the fact that relief is being provided to more complainants vis-à-vis rejected cases.
APPENDIX - IV: Statistical Analysis 236
TABLE XIII
AREA-WISE ORIGIN OF COMPLAINTS PERTAINING TO THE FEDERAL AGENCIES DURING THE YEARS 1983 TO 1998
Average of S. No. Province/Area 1997 1998 1983-1996 1. Punjab 16,707 27,065 25,616 (59%) (69%) (66%) 2. Sindh 6,010 6,204 5,848 (21%) (16%) (15%) 3. N.W.F.P. 2,901 3,673 3,849 (10%) (9%) (10%) 4. Balochistan 339 243 259 (1%) (1%) (1%) 5. Federally Administered Tribal Areas 2,416 1,901 3,315 and Others (9%) (5%) (8%) Total: 28,373 39,086 38,887 (100) (100) (100)
Note:- Total may not tally due to rounding.
APPENDIX - IV: Statistical Analysis 237
TABLE XIV
NUMBER OF COMPLAINTS ADMITTED, DISPOSED OF AND PENDING DURING THE YEARS 1984 TO 1998
Pending at the end of Year Complaints Entertained Disposed of the year
1984 6,398 3,990 3,761
1985 7,419 6,205 5,302
1986 9,021 8,371 6,253
1987 10,927 11,262 5,918
1988 9,601 10,104 5,415
1989 11,737 11,142 5,716
1990 12,984 11,710 6,990
1991 20,701 15,047 12,644
1992 23,555 20,567 15,632
1993 20,934 20,699 15,867
1994 20,697 21,721 14,843
1995 18,444 18,884 14,403
1996 20,193 22,159 12,437
1997 26,486 24,407 14,985
1998 28,772 36,896 6,861
APPENDIX - V
LETTERS OF THANKS
t is embarrassing to publish letters of under the misery of deprivation of their thanks, received from the complainants rights and how profoundly obliged they feel I whose grievances were redressed. This when some institution of the State comes to was our job. However, some of these are their aid and solace. It is good for the Gov- annexed to show that how people groan ernment and the country.