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The Office of Ombudsman Punjab was established in September 1996. Since then the present report is the eighth Annual Report which provides an account of activities of this Office during the year 2004. It is the first annual report being presented by Mr. Abdur Rashid Khan, Ombudsman for the Province of Punjab. As provided in Section 28 of the Punjab Office of the Ombudsman Act 1997 (Act X of 1997) annual report is to be presented to the Governor within 3 months of the conclusion of the calendar year. 2. On February 11, 2004, Mr. Justice (R) Sajjad Ahmed Sipra former Ombudsman completed his 4 year term. During his term he created people friendly environment and ensured speedy disposal of complaints. He took initiatives for improving working of the Institution and providing it and the Investigating Officers with needed equipment. The Institution owes many of its traditions to the outgoing Ombudsman. He will be long remembered for his elaborate measures for protection of the rights of the people and his unrelenting efforts to redress their grievances. 3. Mr. Abdur Rashid Khan, a retired civil servant, with experience of Government of the Punjab and the Federal Government was appointed as the fourth Ombudsman for the Province of Punjab and took oath of office on May 17, 2004. Concerted efforts were made to expeditiously attend to the complaints which had accumulated in the intervening period and within a short span of time the arrears were disposed of. 4. During the year under report a number of initiatives were taken to further improve working and procedures enhancing effectiveness of the Office in expeditiously redressing grievances of the aggrieved people.
i) Preamble to the Punjab Office of the Ombudsman Act 1997 (Act X of 1997) is, in fact, the mission statement of the Ombudsman for the Province of Punjab which mainly provides for protection of rights of the people, against acts of maladministration by any public sector agency or its functionaries. Ombudsman Section 9 of the Act ibid empowers the to investigate allegations of
maladministration on the part of any agency or any of its officers or employees on a complaint by an aggrieved person or on a reference made by the Government or the Provincial Assembly or on the motion of Supreme Court or the High Court or on his own motion as the case may be. Matters excluded from his jurisdiction are:a) Subjudice before any court of competent jurisdiction on the date of receipt of the complaint or reference or motion; b) c) Relating to the external affairs of Pakistan; Relating to or connected with the defence and Defence Forces of Pakistan; and d) Personal grievances of public servants relating to their service in the agency in which they are or have been working. ii) A large number of serving and retired employees also approached this Office for redressal of their grievances. The cases which clearly fall under subsection (2) of section
9 of the Act are not entertained but still a large number of employees settlement bring of complaints of inordinate selection delay grade in and their moveover,
promotion cases and large number of retired public servants approach this Office for getting their pension, G. P. Fund and other dues.
ABOUT THE REPORT
The report comprises 9 chapters: i) Chapter I is the Executive Summary briefly listing activities during the year 2004, initiatives taken and future plans. ii) Chapter II is a brief description of the organization of the Office of the Ombudsman and events of the year in a chronological order. iii) Chapter III contains recommendations, arranged in two categories i.e. general which are common to all departments and department specific which pertain to a particular department/agency. iv) Chapter IV is the statistical analysis of complaints received, investigated and disposed of during the year. It gives overall view of the working of the Office in 2004 which may also be of interest to researchers for statistical evaluation. v) Chapter V contains press clippings about the activities, functions and performance of this Institution.
In Chapter VI have been given views of the interested readers from all sections of the society. Report on the performance of this Office during 2003 was widely circulated to people of influence in all spheres of society i.e. cabinet members, legislators, heads of the federal and provincial departments, defence forces, training institutions, media and libraries. Some of the comments and views received are included in this chapter.
Chapter VII aims at giving the readers an opportunity to see the performance of the Institution as orchestrated by some of the complainants.
Chapter VIII contains some selected cases wherein, after investigation, acts of maladministration were identified and findings/recommendations agencies for redressal Some complainants. conveyed of of the the to the concerned of the containing grievances cases
recommendations for taking disciplinary action against delinquent officials have also been included. ix) Chapter IX is a collection of the Act, Regulations framed under it and some policy circulars issued by the Government. These have been included with a view to enabling the officers update their working knowledge expected to help speedy redressal of grievances of the people.
PROCEDURAL CHANGES MADE
i) Section 10(11) of the Act provides that except as provided in the Act itself, the Ombudsman shall regulate the procedure for the conduct of business or the exercise of powers under the Act. No Regulations had, however, been framed for this purpose since the Office was set up. This work was taken up in real earnestness and Regulations laying down procedure for investigation and disposal of complaints were framed, got vetted from the Law Department and notified in the Punjab Gazette of the 2nd February 2005. In a number of meetings, Advisors, Directors and Consultants (Investigating Officers), were adequately briefed about the implementation of these Regulations with the consideration to achieve goals of speedy disposal of complaints, thorough investigation and improving standards of performance. have been included in the appendices. ii) A departure has been made from the past practice of issuing findings/ recommendations and directions with the expectation that these would be implemented by the agency concerned as directed. Emphasis has been shifted to redressal of grievances before closing the case rather than disposal of complaints by way if of the giving findings for findings/recommendations. remained unsatisfied, Previously The Regulations
implementation resulting in restart of proceedings to secure redressal of the grievance. Now each case is kept
in ‘Peshi’ till the grievance is fully redressed; its actual tangible outcome. iii) To reduce recurrence of similar acts of maladministration, some effective steps towards administrative accountability of public functionaries were also taken. As a result of investigation of a complaint, where act of maladministration was established and official responsible identified, the concerned competent authority was directed to proceed against the delinquent officer/official and submit report about the action taken. These directions are being followed till a report about the outcome of the proceedings is received.
REACHING OUT TO THE PEOPLE
i) To provide redressal to public grievances close to their place of residence a Regional Office at Multan was established and made fully functional w.e.f. 24.6.2004. Regional Office, Multan has been entrusted to deal with the complaints originating from former Multan, D.G.Khan and Bahawalpur divisions less Bahawalnagar and Pakpattan districts. Complaints from 11 districts were received and investigated in the Regional Office. Apart from providing timely and relatively inexpensive relief to the complainants it has also proved convenient and economical to Government departments/ agencies of these districts as the trouble and expense of pursuing the cases at Lahore, has been spared.
Office premises at the Head Office has been renovated adding facilities for the complainants attending it. These include proper seating arrangements, information centre and generally making the Office people friendly.
In order to create conducive working environment, improve
quality of output and reduce time lags, some of the steps taken are:i) Office equipment including computers and other office machines have been provided. The goal is to automate the working as early as possible. ii) By improvising existing building structure, more office space was created to accommodate officers and staff properly. iii) New posts of officers and staff were added to undertake inspections, research/studies into causes of maladministration and follow up for implementation. iv) Monthly review meetings were held regularly, to assess the work of each Investigating Officer, to monitor disposal of complaints against specific performance objectives, reduce backlog and ensure speedy redressal of grievances. v) Procedures for handling complaints were improved by introducing standardized notices and formats.
To enhance their efficiency and capacity, supporting staff was got trained in computer skills at Management & Professional Development Department.
Training was imparted to the dealing staff for proper record and data management, entailing efficient record keeping.
Complainant friendly steps were taken by introducing notices and letters in Urdu with a conscious effort to record as many Findings in Urdu as possible. The complainants are not required to personally attend on each date of hearing but are kept informed of the progress of proceedings at regular intervals. They are called only
when final joint hearing is held, if considered necessary. ix) For guidance of complainants and about procedures for
information has been displayed on boards at conspicuous places in the premises of the Office.
i) Experience of working of Regional Office at Multan has strengthened our view that more Regional Offices should be opened to make the services of the Institution accessible to people nearer their abode which will minimize their difficulties in seeking redressal of their grievances. For this purpose, a proposal for opening of two more Offices; one each at Rawalpindi and Sargodha, is under consideration of the Government.
For construction of public friendly building of Regional Office, Multan, a four kanal plot has been purchased from the Punjab Housing and Town Planning Agency. Architectural designs are being developed whereafter process for undertaking construction will be initiated.
It is well known that delivery of services by the public sector agencies to the public at large is not to their satisfaction. People suffer because of inaction, delay, The Act neglect or inefficiency of concerned officials.
provides in Section 9(3) to undertake study into causes of maladministration and to suggest remedial measures to the Government. created. provided. A post of Consultant Research was Supporting services and facilities have been Arrangements are being finalized to take up
research work to identify the causes of this low level of public satisfaction and suggest remedial measures.
The Government has been fully supportive in meeting
requirements of this Institution e.g. logistics, office equipment, setting up regional office, establishment matters. This is acknowledged.
INEXPENSIVE AND SPEEDY DISPOSAL OF COMPLAINTS
Disposal of complaints is a tripartite arrangement i.e. the Ombudsman, the complainant and the agency. No fee whatsoever is charged from the complainants for filing complaints or obtaining copies of the findings/directions
After receipt of a complaint, it is examined at for investigation Any to complaint an where
preliminary stage and if found competent under the Act, is entrusted Advisor/Director/Consultant.
documentation is not complete e.g. copy of ID card of the complainant, affidavit or supporting documents, instead of dismissing it, the complainant is addressed to provide the same. A copy of the complaint is sent to the concerned agency for its report/parawise comments, which on receipt, are sent to the complainant for filing rejoinder, if he so opts. After examining the reply of the agency and rejoinder of the complainant, representative of the agency and in some cases the complainant is also called to participate in joint hearing to clarify any points which have not been fully explained in the written documents. The complainant is, however, kept informed of the progress and called only when his presence is considered essential to seek some clarification. This saves the complainants unnecessary traveling expenses to the Office for pursuing their complaints. ii) Complaints found non maintainable were filed in limine. The complainant is informed of the grounds on which the complaint could not be entertained by this Office and in some cases he is guided as to whom he should approach for redressal of his grievance. iii) Positive and efficient role of an agency is an important factor for speedy disposal of complaints. In many cases there was considerable delay in filing comments and
replies by the agencies and in appropriate cases recourse had to be made to coercive/penal provisions of the Act. Gradually the position is improving but still there is a lot which needs to be done to provide genuinely prompt redressal of public grievances. iv) Once the investigation is complete, findings are prepared, approved promptly and sent to the agencies for action on their part. Time line is also given to the agency to intimate about the action taken. In order to follow up, a Cell is being established to ensure timely implementation of findings and recommendations. v) Section 10(4) of the Act provides that each
department/agency will have a designated officer to act as Principal Officer for meeting allegations contained in a complaint. Efforts have been initiated to get the Principal Officers nominated and as soon as the departments/agencies put this arrangement in place, it would further facilitate processing of complaints and reduce time lag in disposal of complaints.
i) a) Complaints Received: During the year, 8434 complaints were received as against 9392 in the preceding year. Table II would indicate that, understandably, maximum number of complaints (1307) were directed against the Police followed by Education Department against which 1193 complaints were received.
There is a slight decrease in the number of complaints received as compared to the last year which fits in the trend shown since the Office was established. Gradually people are realizing that this Office has the legal mandate to investigate some and not all types of complaints. b) Break up of non maintainable complaints is given in Table IV. Out of the 6,149 maintainable complaints, 2,944 i.e. 48% are attributable to inattention, delay, negligence, inefficiency or inaptitude and 2,070 or 34% to administrative excesses, favouritism, arbitrary, unjust and biased decisions. During the year 1,135 complaints Though the number of pertaining to corrupt practices were received as against 988 during the year 2003. complaints received in this category went up by 15% as compared to 2003 but only after these have been investigated and a conclusion drawn will it be appropriate to project the trend on this account. Cause based detailed analysis is available in Table V. ii) a) Disposal of Complaints: During the year, 12,117 complaints — 8,434 fresh receipt and 3,683 brought forward—were processed. Of these, 2,285 complaints i.e. 31% were disposed of in limine, and the remaining 5,099 i.e. 69% were disposed of after investigation. In this way during the year, 7,384 complaints were decided which comes to 61% of the total complaints processed. Balance of 4,733 complaints has been carried forward to 2005 which is 1050 complaints more than the previous year. This increase in pendency is not because of any slackness on the part of the
Investigating Officers but is due to the fact that now only these complaints are treated as disposed of whose findings have either been complied with or against which a representation has been filed to the Governor. The fact that the post of Ombudsman remained vacant for more than 3 months also explains the position to some extent. b) During the year under report, 68 representations were filed against the findings of the Ombudsman, before the Governor under Section 32 of the Act whereas during the last year 70 representations were filed. Analysis in this regard is provided at Table-X.
Summaries of some selected cases are in Chapter-VIII. These
would provide an insight into the nature of complaints received, investigation carried out and disposed of with findings/recommendations/ directions.
RECOMMENDATIONS FOR IMPLEMENTATION
i) Recommendations incorporated in the annual report are based on insight gained into maladies through complaints and replies furnished are of by on the issues the agencies. relevant are on General to all whereas issues recommendations department
particularly relevant to an agency or a department. These have been recorded in Chapter-III.
Recommendations have been included in all of our annual reports with a view that concerned authorities in the agencies, after perusing these, would take required steps to remedy the wrong but in majority of cases required action has not been taken. The result is, continuing maladministration causing sufferings to the people. We urge that these recommendations be given serious thought and steps taken for implementation.
It is suggested that a Committee chaired by the Additional Chief Secretary be constituted to ensure implementation and monitor progress of implementation of recommendations made by this Office. Laws, rules and policies where required, may be amended and procedures simplified to make the governance people friendly to restore public confidence in the Government.
ROLE OF PRINT MEDIA
The print media provided adequate coverage to the activities
of the Office during the year. Some of the news items/writings carried by the news papers are provided at pages 62 to 73 of Annual Report 2004 in the form of press clippings. The positive coverage received, is a source of encouragement for all associated with this Office and also creates an atmosphere of trust in this Office in the minds of the general public.
COMMENTS OF THE COMPLAINANTS
How the complainants view the performance of this Office, is
immensely important for us.
They have sent their views and
comments through a large number of letters received. Some of these are placed at pages 103 to 123 of Annual Report 2004. In most of these, efforts of the Office have been appreciated. Analytical views and suggestions of the complainants are welcomed because these provide important inputs for deriving ways and means to further enhance efficiency and effectiveness of the Office.
Annual Report 2003 was circulated to representative sections
of the society; cabinet members, legislators, judiciary, defence services, heads of Federal and Provincial Departments, Nazims, media, training institutions and libraries. Acknowledgements received are not commensurate with the number of copies circulated. In a few We acknowledgements some good suggestions have been received which are being keenly studied for implementation, where possible. express our thanks to all those who acknowledged receipt of our report and took time off to benefit us with their views/comments. Some of these are placed at pages 74 to 102 of Annual Report 2004.
Under Sub-Section 3 of Section 9 of the Punjab Office of the Ombudsman Act 1997 (Act X of 1997) I. II. GENERAL DEPARTMENTS / AGENCIES 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Anti-Corruption Establishment Board of Revenue Communication & Works Cooperatives/Housing & Urban Development District Coordination Officers Excise and Taxation Education Finance Food Health Housing, Urban Development & Public Health
Engineering 12. 13. 14. 15. 16. 17. 18. 19. Irrigation and Power Labour and Human Resource Lahore Development Authority Livestock and Dairy Development Local Government & Rural Development Police WASA Lahore Zakat and Ushr
GENERAL Many of the issues raised in complaints were of the nature which required remedial actions by more than one department. In some cases rules and policies were found either not helpful in alleviating the malaise of the people at the hands of public functionaries or awkwardly skewed against their general good. In other cases, problems pertained to particular departments/agencies. To mollify the situation, recommendations—general, applicable to all the departments and specific, relevant to a particular department/agency have been framed. Concerned Administrative Secretaries/Heads of Agencies are urged to consider the recommendations dispassionately and take steps for removing the causes of public inconvenience by adopting these. 1. ACCESS TO INFORMATION Ignorance of rules/regulations and procedures is the bane of the people at the hands of dealing officials in the public sector. At times, required information is denied to the applicants with malafide intentions. This leads to corrupt practices giving undue leverage to the officials and more resourceful persons. Transparency in handling government business and dissemination of information to the public can reduce unfair practices. Officials often refuse to provide information on the pretext of confidentiality and secrecy even in matters of public nature. We are of the view that in a well informed society, chances of corrupt practices and maladministration are considerably lower as compared to the one which is ill informed or not informed. The Federal Government has promulgated Freedom of Information Ordinance, 2002. To reduce opportunities leading to maladministration, nepotism etc. it is proposed that the:-
Government may promulgate a law for freedom of information in line with the Federal Government, making it mandatory for the dealing officials to provide information other than classified one, when required by any person.
Information/guidance counters may be established in all the departments. These be manned by officials well versed in matters pertaining to that set up. They may be assigned the responsibilities to provide free of cost proper information and guidance to all those who come to the counter for help/assistance.
Each office should print brochures giving details about its activities, procedures and set up through which a person can deal in connection with his relevant matter. Such brochures should be provided free of cost to the persons asking for it at the information/guidance counters. 2. COMPENSATION OF ACQUIRED LAND Various government departments/agencies have to acquire private land for public purposes. The constitution guarantees the citizens their rights of property, which can only be taken over in accordance with law. Land Acquisition Act has provisions for normal and emergent acquisition of land. Many instances have been reported where departments occupied private lands forcibly without completing acquisition formalities and without paying compensation to the owners of the property. In quite a few reported cases even more than 40 years have passed since the land was taken over but the compensation has not yet been paid. At times the departments take the plea that amount of compensation has been deposited with the Land Acquisition Collector, but in some cases it has not been found borne out from the record. In this regard complaints received pertained mostly to the Irrigation & Power Department and some to the C&W Department. All land acquiring departments/agencies and Collectors responsible for conducting
proceedings of acquisition of land need to follow the provisions of the Act so that in no case private property is taken over without awarding compensation or depositing the properly assessed amount of compensation with the Collector. 3. NON PAYMENT OF LIABILITIES There are huge amounts outstanding against the nation building departments still to be paid to the contractors on account of works claimed to have been executed by them. From the complaints received it has been found that:a) Over period of time works have been executed under different programmes e.g. Tameer-i-Watan, Peoples Works Programme and Tameer-i-Punjab. With the change of governments, these programs were discontinued and release of funds stopped. Since then, contractors are moving from pillar to post to get their dues for the works executed but for one or the other reason they are not being paid by the respective departments. b) In I&P Department, works were carried out by the field officers on the pretext of emergency without completing codal formalities, allocation of funds and mostly on verbal instructions of the concerned engineers. Works executed have been recorded in the measurement books, bills prepared but not paid because of intradepartmental proceedings although in some cases works were verified by as many as 3 committees. In more than 30 cases directions were issued by the Ombudsman but the Department has every time changed its stance. It should have taken action against the officers who got the works done without observing the codal formalities at the time their cases came to light. Anyhow action at this stage is also supported but payment of works which have been
verified to have been completed as ordered, needs to be made at the earliest. c) A Civil Works Cell was created in the Education Department during 1992 to undertake construction and maintenance of buildings of educational institutions. The Cell was disbanded in 1997. An extremely serious irregularity pertaining to the Cell has been highlighted in a number of complaints. Securities of works executed were required to be deposited in profit bearing joint accounts of the Contractor and the Engineer Incharge but reportedly this was not done. The unrefunded securities which are in millions of rupees have not yet been paid although the works were completed years back. From the complaints it transpired that these securities had been fraudulently diverted towards other activities resulting in hardship for contractors. d) In all agreements executed for carrying out development works, there is a provision showing the period during which the security deposit can be retained. There is also a provision regarding forfeiture of security deposit but in most cases it has been noticed that neither an order confiscating the security deposit is passed nor is it returned to the depositor. This delay certainly causes loss to the contractor and is an act of maladministration. Steps need to be taken to ensure that proper orders regarding return or forfeiture of whole or part of security deposit are passed in accordance with the agreement. It is recommended that:i) The concerned Departments i.e. I&P, C&W, Education, LG&RD, PHED in consultation with Finance should undertake an exercise to ascertain liabilities and lay down modalities to clear these within 6 months.
System of release of securities should be streamlined and cases decided in accordance with the provisions of the agreement.
DEPARTMENTAL GRIEVANCES REDRESSAL SYSTEM In view of the nature and number of public grievances received in
this Office, it is concluded that at the departmental level either a system of redressing specific complaints lodged by members of the public or even their own employees does not exist or is not functioning properly. Each
Department/Agency/Office must have a senior officer earmarked by designation to entertain public complaints, have these processed and to provide written replies to them within the shortest possible time. 5. APPOINTMENT OF PRINCIPAL OFFICERS For dealing with complaints received in this Office, each Department/Agency/ Office is required to nominate a Principal Officer who under section 10(4) of the Act is to be addressed to get report/rebuttal of the complaint filed in this Office. The efforts made by this Office to get the Principal Officers designated and their names, telephone numbers, addresses etc. communicated have not produced the required result. All Administrative Departments, Attached Departments, Autonomous Bodies and District Officers should complete this exercise and convey the names etc. of the Principal Officers nominated for coordinating with this Office for expeditious processing of complaints of maladministration. The Departments/Agencies/Offices are also required to keep this Office informed of any changes in the Principal Officers which may be necessary due to any reasons.
RESERVATION OF 20% QUOTA FOR ONE CHILD OF INSERVICE/RETIRED GOVERNMENT EMPLOYEES Government has reserved 20% of vacancies in BS 1 to 5 for
recruitment from amongst children of in-service or retired employees of the government in BS 1 to 5, subject to eligibility. One child of such government employee can benefit from this quota. Financial conditions of employees in BS 6 to 15 also call for sympathetic consideration on the same lines. A number of complaints have been received wherein direction was sought for recruiting one of their children against this reserved quota but the complainants being in grade 6 or above, could not avail of this dispensation. Because of financial constraints faced by all the non gazetted employees, the Government may consider to allow the benefit to one child of employees in BS 1 to 10 in the first instance. 7. RESTORATION OF COMMUTED PORTION OF PENSION Scores of instances have been reported where commuted portion of pension, after having become due was not restored for considerably long period after the completion of number of years for which commuted value was paid. For restoration of commuted portion of pension, documents usually demanded by the departments, AG Office and District Accounts Offices are; application, service book and verifications. Service books having become redundant for retired government employees, are not traceable in a number of cases. Rule 18.12(a) of the Punjab Civil Services Pension Rules reads:“The commuted portion of pension to the extent of ¼th or as admissible shall be restored to the pensioner on completion of number of years for which commuted value has been paid.”
For restoration of commuted portion of pension relevant information is available in the Pension Payment Order (PPO) issued to each retired government servant. Demanding sanction, verification or service book is contrary to the provisions of the rule quoted above. In order to remove hardship in such cases, appropriate instructions need to be issued to the Accountant General Punjab and DAOs to strictly adhere to the provisions of the rule quoted above and suo moto restore commuted portion of pension without delay, on completion of the period for which pension was commuted. 8. PENSION TO CHILDREN OF A DECEASED EMPLOYEE On the death of a retired pensioner, pensionary benefits are transferred to the widow/widower. In case she/he remarries, pension payments are reportedly stopped. Finance Department vide circular letter No. FD/SR-III4/54/83(B) dated 25th August, 1983 has clarified that in case of the death of widow, family pension will be admissible to the sons, if any, until they attain the age of 21 years and the unmarried daughters, if any, until they are married or attain the age of 21 years, whichever is earlier. Position regarding transfer of family pension to sons/daughters on remarriage of a widow/widower being not clear, officials in the AG/DAO offices take varying decisions. Many instances have been brought to our notice that in such cases children of the deceased pensioners/government servants suffered due to stoppage of pension. It is recommended that a clarification may be issued that where a widow/widower beneficiary of pension remarries, her/his pensionary benefits may be transferred to eligible children of the deceased Government servant. Where required, amendment in relevant rules/policy may be made.
DELAY IN DECIDING RETIREMENT ON COMPLETION OF 25 YEARS OF SERVICE Note 1 under Rule 3.5 of Punjab Civil Services Pension Rules
provides:“Subject to the provisions of the Essential Services Maintenance Act, all Government servants shall have the right to retire on a retiring pension after completing 25 years qualifying service; provided that a Government servant who intends to retire before attaining the age of superannuation, shall, at least 3 months before the date on which he intends to retire, submit a written intimation to the authority which appointed him, indicating the date on which he intends to retire. Such an intimation, once submitted, shall be final; provided that if a Government servant withdraws his application for voluntary retirement, or modifies the date of such retirement, before its acceptance by the competent authority, the application or the date of retirement shall be deemed to have been withdrawn or modified as the case may be.” A number of complaints were received indicating that after submitting application to the competent authority seeking retirement on completion of 25 years, the case was not decided and the proposed date intimated for retirement lapsed. This created ancillary problems for the employee as well as the department. Under the quoted rule, a right has been vested in the employees of the Government to retire on completion of 25 years of service, which is being denied or delayed by different departments on different pretexts. The employees faced a
number of financial, social and administrative problems which aggravated because of inaction on the part of the deciding competent authority. Administrative heads of all the departments at relevant tiers are suggested to take cognizance of the situation and ensure observance of the referred rule without discrimination, delay or inaction. 10. DELAY IN NOTIFYING RETIREMENT Under section 12(1)(ii) of the Punjab Civil Servants Act, 1974 a civil servant retires from service on completion of 60th year of age. Notification is required to be issued by the concerned authority well before the date of retirement so that retirement benefits are granted immediately after the retirement. In this regard Rule 5.2 of Punjab Civil Servants Pension Rules and instructions issued vide No. FDSR.III-4/01/77 dated 14.4.1997 require initiation of the case for grant of pension and retirement benefits, one year before the date of retirement. Instances have also been reported where retirement notification was issued after a considerable time, the date of superannuation had passed. Resultantly a government official overstayed in service creating another set of problems. 11. DELAY IN GRANT OF PENSION ON ACCOUNT OF DISCIPLINARY PROCEEDINGS In many cases pensionary benefits were not granted to the retired officials under the pretext of recovery of dues, pending Audit Paras or pending disciplinary proceedings against them. Two cases which can be mentioned are that of a Food Inspector who was allowed retirement benefits 14½ years after his retirement and a Tube-well Operator of Town Committee Sanglahill who was allowed retirement benefits 10 years after his retirement and that too, on the intervention of the office of the Ombudsman. There are hundreds of cases indicating the sufferings caused to retiring officials because of delay in sanction of
pension. The departments and especially the pension sanctioning authorities need to be told once again to strictly follow the rules and administrative instructions in this regard. It is considered appropriate to add that in cases where unauthorized overstay because of non issuance of retirement notification is found or retirement benefits are delayed in violation of the pension rules, the concerned pension sanctioning authority be proceeded against under disciplinary rules for inefficiency and the pensioner compensated by paying him mark up for the period the dues were denied for no fault of his. 12. BENEVOLENT FUND This is a Fund contributed by the employees while in service with the legitimate expectation that they would get benefit in future, when the need for this arises. Different grants from this Fund are provided to the deserving employees or their heirs. Maladies noticed in the procedure for sanctioning grants from the Fund are:a) Irregular transfer of Benevolent Fund Grant In a number of cases, it has come to the notice that the monthly grant sanctioned in favour of widows/children is not paid regularly. This results most frequently because the District Boards do not get funds in time from the Provincial Board or the funds provided are inadequate. It has been noticed that because of liberalization of benevolent fund benefits, the Provincial Board is finding it difficult to meet the demands particularly in respect of non gazetted government servants. This needs to be attended to immediately as curtailing the benefits would neither be appropriate nor desirable. Enhancement in the rates of contribution and further improvements, wherever possible, in the management of the Fund is suggested. The Districts should prepare their annual budgets for the next year and
send these to the Provincial Board three months before the start of the financial year, which should provide the funds to the District Boards before the onset of the new financial year. If funds have to be released to the District Boards in installments, it should be ensured that the next installment is issued before the funds of the previous installment are exhausted by the Districts. b) Date of application for grant: Vide notification No. SO.P.IV(S&GAD)8-4/2003(Pt.I) dated 15th November 2003, it has been prescribed that application for grant from Benevolent Fund for marriage, funeral etc. shall be made within 275 days to the parent office which shall be submitted to the concerned Benevolent Fund Board by the office within one year from the date of marriage, death etc. Because of inaction or negligence in a number of cases, these are not forwarded in time to the Benevolent Fund Board concerned. Many such applications are summarily rejected as time barred. This Institution earlier
recommended that date of application be reckoned w.e.f. the date it is submitted to the department instead of the date it is received by the Benevolent Fund Board. Although time for receipt of
applications by the parent office and the Benevolent Fund Board has been enhanced vide referred notification but the problem still remains causing hardship to the employees. It is again emphasized that amendment to the effect that limitation about submission of application be checked with reference to the date on which the application is submitted to the parent office. In case of delay in forwarding the application, the concerned employee and head of the parent office concerned be held accountable. It needs to be laid down explicitly in all the rules/instructions on the subject.
Delay in processing applications: It has been observed that meetings of Provincial and District Benevolent Fund Boards are not being held regularly causing delay in processing and finalizing applications for sanctioning grants. The system needs to be streamlined to mitigate the sufferings of the deserving employees. Meetings are usually postponed on one or the other pretext. It is suggested that the Provincial and District Benevolent Fund Boards should issue schedule for a year to hold meetings bi-monthly on predetermined dates which should not be postponed and if postponement is unavoidable, the meeting should be held soon after the original date.
No Marriage Certificate: Monthly stipend from the Benevolent Fund is paid to the widows including those in advanced age, on filing ‘No Marriage Certificate’ after every 6 months in the relevant bank. Widows of the age of 60 years or above usually forget to file ‘No Marriage Certificate’ resulting in stoppage of the grant. It appears appropriate that widows who are 60 or more may be exempted from submitting No Marriage Certificate.
Monthly stipend to widows: In the annual report 2002, an anomaly was pointed out and recommendation made. The situation remaining the same for want of necessary amendment in the rules, the same recommendation is repeated. Widows whose husbands die during service are granted financial aid out of Benevolent Fund for life whereas widows whose husbands die
after retirement are granted financial aid for the unexpired period of 15 years from the date of retirement of the deceased officials. Equity demands that this disparity be removed and widows of those government servants who die after retirement may also be allowed the grant for life. f) Difference in amount of scholarship to children of gazetted and non gazetted employees: Perhaps because of greater pressure on the Fund for the non gazetted employees, scholarships paid to the children of non gazetted employee are far less than the scholarships paid to the children of gazetted employees. This results in hardship and heartburning among the non gazetted employees. At least in this category, the difference should be done away with because the educational expenses in both cases should be more or less the same. This, if done, can also enable bright children of non gazetted staff to get education in better institutions. The Government may, in fact, also consider doing away with separate funds for gazetted and non gazetted employees which is an arbitrary dividing line anyway. 13. AMENDMENT IN THE PUNJAB CIVIL SERVANTS RECRUITMENT (RELAXATION IN THE UPPER AGE LIMIT) RULES 1976 According to Rule 17-A of the Punjab Civil Servants (Appointment & Conditions of Service) Rules 1974, if a Government servant dies in service or is declared invalidated/incapacitated for further service, his one unemployed child or his widow/wife shall be appointed in BS 1 to 5 without observing formalities in the department in which he was working. Vide S&GAD Notification No. SORIII-2-42/92(P.II), dated 12.4.2003, widow/wife has been made eligible to avail of
the benefit of this rule. Under rule 3(viii) of the Punjab Civil Servants Recruitment (Relaxation of Upper age limit) Rules 1976 maximum upper age limit for appointment of a child of a deceased/invalidated/ incapacitated government servant under Rule 17-A has been raised by 5 years. Clause (ix) in rule 3 in the Punjab Civil Servants Recruitment (Relaxation in the upper age limit) Rules 1976 has been incorporated vide notification No. SOR-I(S&GAD)9-I/2000(P-1) dated 15.10.2002. It reads:“Appointing authority may grant relaxation in upper age limit up to a maximum period of 10 years to a family member of the deceased civil servant who dies during service”. In order to enable widow/wife of a deceased or incapacitated/invalidated government servant to get benefit of Rule 17-A, consequential amendment in Rule 3 clauses (viii) and (ix) of the Punjab Civil Servants Recruitment (Relaxation in upper age limit) Rules, 1976 may be made as follows:a) In clause (viii) after the word ‘children’, words ‘widow/wife’ may be added. b) In clause (ix) after the word ‘deceased’, words ‘incapacitated for further service’ may be added. 14. AMENDMENT IN PUNJAB REMOVAL FROM SERVICE (SPECIAL POWERS) ORDINANCE, 2000 In a number of complaints where maladministration or corrupt practices of civil servants were proved during investigation in this Office, recommendations were made to proceed against the delinquent officials for taking disciplinary action against them. Departments usually took action against them but awarded punishment of ‘warning’ or ‘censure’. It is pointed out that ‘warning’ as punishment is not provided in the referred Ordinance. Even ‘censure’ is found not
commensurate with the act of maladministration or corruption committed by the concerned official. The Ordinance does not contain any provision empowering the Government to review the propriety of any findings, penalty or orders passed by the competent authority in disciplinary cases to see whether it is commensurate with the charge. Resultantly, the impact of recommendations made by this Institution got diluted because orders of the authority penalizing a delinquent official can not be revised under the existing arrangement. It is pointed out that in the Punjab Civil Servants (E&D) Rules 1975 and 1999, powers were available to the Government to call for and examine the record of any proceedings before any authority for the purpose of satisfying as to the correctness, legality or propriety of any findings, penalty or order recorded or passed and as to the regularity of any proceedings of such authority. It is deemed appropriate to suggest that an amendment may be made in the Punjab Removal from Service (Special Powers) Ordinance 2000 granting powers of revision to the Government and enhance the punishment, where undue leniency has been shown. 15. AMENDMENT IN SERVICE RULES After promulgation of the Punjab Local Government Ordinance 2001, a new setup of District Governments has been established. Under the Devolution Plan, powers of different departments of the Province were devolved to the District Government. Posts of Commissioners, Deputy Commissioners, Assistant Commissioners and Divisional Directors etc. were abolished and posts of District Coordination Officers, Executive District Officers, District Officers and Deputy District Officers were created. A number of departments previously working independently at Divisional/District level, were grouped together under one EDO which created anomaly in regard to promotion of employees of those departments. To sort out these issues, Government of the Punjab determined the cadre strength of various functional groups/officers of the respective departments
and directed the concerned departments to take up necessary amendments in their respective service/recruitment rules regarding appointment/promotion of their officers/officials under the new setup. It has been observed from a number of complaints received in this office that this exercise has not been completed as yet with the result that promotion cases of the employees of the concerned departments are being delayed causing frustration amongst the employees. It is recommended that this process should be geared up and completed on top priority basis. DEPARTMENTS 1. ANTI CORRUPTION ESTABLISHMENT Under Rules 5, 6 & 7 of the Punjab Anti-corruption Rules 1985, an Additional Director or Deputy Director is competent to initiate preliminary enquiry on charges of corruption or corrupt practices against a government official in BS 18 and below. Where there are reasonable grounds to proceed further, the case is either referred to the appointing authority of the accused public servant for departmental proceedings or a criminal case under Rule 8 is registered. After a criminal case has been registered, investigation into the allegations is carried out and under rule 15, the case is either:a) b) Dropped, where allegations are not established, or Recommended for departmental proceedings where prosecution is not called for. c) In a case where sufficient grounds are available for prosecution, it is challaned and sent to the court of competent jurisdiction, after obtaining sanction for prosecution as provided under Rules 11, 12 & 13 of the Rules ibid.
A number of instances have been reported pointing out that criminal cases were registered on the basis of findings of preliminary enquiry but after completing the investigation, these were dropped. Evidence collected during preliminary investigation should ordinarily indicate whether a criminal case will be established. Therefore, when after registration of a case and its investigation, it is decided to drop prosecution, doubts arise and allegations of arbitrary exercise of power are made. There is need to minimize arbitrary exercise of discretion. In our view, cases registered may be dropped or recommended for disciplinary action only with the approval of the court because section 173 Cr.P.C. requires submission of report to the court in all cognizable cases registered and investigated. 2. A) BOARD OF REVENUE Revenue Department: In many of the complaints pertaining to revenue matters, conduct of Patwaries and revenue officers particularly about their integrity, inaction and delay has been highlighted. Investigation into these complaints has revealed following issues requiring immediate attention:i) Delay in issuing copies of revenue record to the applicants/
owners of land. ii) iii) Issuance of incorrect/fake copies of revenue record. Delay in entry and decision of mutations even in cases based
on registered deeds. iv) Over charging of various fees by Patwaries e.g. mutations
fee and fees for providing copies of the revenue record. v) Arbitrary assessment of land value for determining mutation
fees usually causing loss to the government.
Incorrect and fabricated entries in Khasra Girdawari. Inaction regarding encroachments on state land and village
common paths creating problems for the residents of the locality. In order to address the problems, it is recommended that Board of Revenue may consider the following for remedying the situation:a) For each revenue estate, valuation tables according to classification of lands for assessing mutation fees may be notified and updated periodically. b) Rates of fees and charges recoverable by a Patwari may be displayed at conspicuous places outside the offices of Patwari, Kanoongo, Naib Tehsildar, Tehsildar DDO(R) and DO(R) for information of the general public and posted on websites of BOR and other offices. c) A yearly statement with full particulars of lands transacted in a revenue estate may be displayed in the month of January every year, outside the offices of Patwaries and the concerned Kanoongos, for information of the general public. d) Steps be taken to revive the system of attesting mutations in Ijlas-eAam so that fraudulent transactions are minimized. e) Now that Revenue Officers upto the level of Collector have been relieved of other multifarious duties, the system of regular and surprise inspections of record, offices and performance of Patwari, Kanoongo, Naib Tehsildar, Tehsildar be restored ensuring up to date maintenance of record by the concerned officials. f) Computerization of revenue record is in hand with the government. It needs to be expeditiously completed to provide relief to the public.
Consolidation Department: Instances have been reported where consolidation proceedings have
not been completed for years creating serious problems for the right holders in the estate as well as delay in preparation of record of rights. It is proposed that the Member (Consolidation), Board of Revenue, should, depending upon the size of an estate, fix the time limit during which consolidation proceedings taken up either initially or under a remand order must be completed. There may be instructions to this effect but these are being flagrantly violated and need to be enforced strictly. 3. COMMUNICATION & WORKS Complaints against Communication & Works Department have been received mostly from the contractors and in some cases from the public as well. Issues highlighted in the complaints are:i.
Payment to the contractors was either delayed or not made on the pretext of poor quality of work or that the work was carried out without completing codal formalities i.e. technical sanction of estimates, inadequate budget allocation, start of work on the verbal instructions of the concerned Executive Engineer and Sub Divisional Engineer etc.
development and maintenance of infrastructure has been entrusted in a district to one department headed by EDO(W&S). Liabilities of works previously carried out either under Local Govt. or some other department have been transferred to Works & Services Department in a district. In
numerous cases old liabilities of contractors have not yet been cleared.
Complaints filed by private individuals mainly pertained to use of substandard material, poor quality and delay in execution of work by the contractors of the department. In some cases it was pointed out that roads and buildings started deteriorating soon after their completion.
Some serious complaints reveal that buildings are left incomplete for long periods because funds are not provided in the budget, resulting in deterioration of completed work and disputes with the contractors and most importantly denial to the public, the benefits which would have accrued by completion of these projects. It is recommended that the department should ensure that:-
Outstanding liabilities which are admitted are cleared in the light of rules and facts, redressing genuine grievances of contractors.
Works, as planned and tendered, are completed within the specified time enabling the public to benefit from the facilities developed by the government.
Serious notice must be taken of cases where codal formalities i.e. technical sanction of estimates, allocation of budget, transparent tendering, proper execution of agreement etc. have not been done.
To ensure quality and durability, minimum maintenance free period for each type of work be prescribed. If during this period need for repair/maintenance arises, the concerned engineers who executed the work, be held responsible and proceeded against.
It would be advisable to provide in the agreement a schedule of payment to the contractor instead of leaving it to the discretion of the Engineer Incharge, which discretion is often not exercised judiciously.
The Department must devise a plan to complete innumerable schemes lying incomplete, deteriorating rapidly and not projecting a good image of government functioning. It must also ensure that this problem does not arise again.
COOPERATIVES / HOUSING & URBAN DEVELOPMENT A number of complaints are received about various housing
societies which have defrauded people of their hard earned money and have either not carried out any development at site or have done an extremely unsatisfactory job of development works. Affected people run from pillar to post to get possession of the plots for which they had made payment years back. It is recommended that an effective law regulating the working of the housing societies—maintaining balance between the interests of the members and the need for encouraging private sector to meet the acute housing shortage— should be promulgated. Housing Department has prepared rules to regulate the working of the societies. In our view the matter is far too serious and the problem too big to be addressed by rules. A law for this purpose appears to be essential. 5. DISTRICT COORDINATION OFFICERS In a district, grants out of Benevolent Fund are provided to deserving in-service, retired government servants and to the heirs of deceased government servants. Inordinate delays have been highlighted as a common grievance in sanctioning of grants by the Boards. Apparently, regular meetings of
the District Benevolent Fund Boards are not being held by the DCOs causing hardships for the deserving applicants. Irregular/inadequate release of funds by the Provincial Board also results in hardship to the recipients of the grant. It is proposed that each district should, in the beginning of the year publish a schedule for holding meetings of District Benevolent Fund Board, at least once in two months on fixed date for expeditious finalization of pending cases. DCO as Chairman must find time to hold the scheduled meeting. Even in cases where postponement is unavoidable, the date of the meeting should be fixed while postponing the meeting. It is further proposed that each district must prepare its annual budget clearly giving details of funds required to meet its obligations under various heads and send it well in time to the Provincial Board and follow up for timely release of funds. 6. EXCISE AND TAXATION Rate of tax on property is assessed according to its use i.e. selfoccupied, rented, commercial etc. In the survey reports for determining use of the property, incorrect information about its nature of occupation was recorded. This leads to malpractices because property tax rate applicable to self-occupied building is much less as compared to rented/commercial properties. Concerned Inspectors manipulate this position to derive undue benefits by blackmailing the owners. In different complaints, the maladies highlighted are:i) Nature of property use was wrongly determined, as rented or commercial against self occupied, resulting in much higher tax on the property.
On appeal, the concerned authority corrected the property use but prospectively and the owner was forced to pay the tax according to the status given in the notice.
Even when it was proved that the survey report or the notice for tax contained wrong information regarding nature of occupation, no action was taken against the concerned official who created problems for the citizens and perhaps also forced them to pay bribe for making correction in the record.
Notices issued to property owners are rarely legible and are issued without filling all the columns or giving postal address, telephone number of the officer sending it. Deciphering these and
understanding their import is not possible for ordinary citizens. v) Discrepancies have been pointed out in the covered area recorded by the field staff of the department and actually on ground resulting in excessive tax imposed on the owner. vi) Complaints received also indicate that departmental officials change the name of owner/occupant on PT1 without fully satisfying themselves that change of ownership has taken place lawfully. This creates serious difficulties for the genuine owner and unavoidably litigation ensues. In order to address the situation, we are of the opinion that the department may consider the following recommendations for implementation, in the larger public interest:a) Tax on property is not similar in nature to the income tax. Classification as self occupied, rented or commercial is the biggest single source of corruption. It needs to be examined further whether the classification can be done away with and uniform tax rates
applied to eliminate discretion of the lower functionaries. At least the difference in assessment of rented and self occupied residential and commercial properties needs to be done away forthwith. b) Self assessment of tax on property may be examined on the pattern of income tax and 10% of returns so filed may be subjected to detailed scrutiny. Where discrepancies are detected, penalties may be imposed to deter concealments or providing distorted information. c) Cantonment Boards allow 15% rebate in property tax if payment is made by 30th September and 10% remission is given for maintenance if payment is made within the year to which the tax pertains. Reportedly this has yielded good results for collection of tax. Empirical studies may be carried out to see if similar incentive can be allowed to the owners in non cantonment areas where tax on property is levied. This incentive may lead to savings in the expenses now incurred on collection of tax. d) In order to make assessment and collection of tax transparent, notices issued to the owners should be in ‘Urdu’ providing following information:i) Category of locality where the property is situated.
ii) Total area of the property. iii) Covered area of the property. iv) Location of property i.e. main road/off road. v) Classification of property i.e. self occupied, rented or commercial. (Until the classification is discarded/reduced) vi) Formula applied for calculating tax. vii) Rate of tax applicable on the property.
viii) Designation, telephone number and address of the assessing and appellate authority. e) The rate of tax at present is 20%, if the ARV is upto Rs.20,000/- and 25% if the rental value is in excess of Rs.20,000/- which is rather high and may be encouraging under assessment of rental value. A fresh look on the rate of tax is indicated. The Cantonment Boards charge 15% of ARV as tax. f) The appellate and revisional authorities pass laconic and nonreasoned orders. They should be required to pass reasoned/speaking orders. For this purpose proper training be arranged for them. g) It is proposed that clear instructions prescribing a procedure of change of name on the PT1 should be issued. The person whose name is proposed to be replaced must be given a notice and an opportunity of hearing, apart from considering the proof which the new claimant might have in his possession. Disputed cases should be left to the court to decide. h) The present procedure of transfer of ownership of vehicles is also far from satisfactory, resulting in complaints about unauthorized transfer of vehicles. It is essential that before transferring a vehicle the ownership and express consent of the transferor should be ascertained and kept in the record. 7. EDUCATION In complaints pertaining to this department following problems have been pointed out:i) Before recruitment of educators, clear available vacancies were ascertained school-wise in all the Districts. Subsequently, before the
process of recruitment was initiated, regular teachers were transferred to create vacancies at desired places. Resultantly, more educators were recruited in some areas and less in others providing unequal employment opportunities to deserving candidates. ii) In some cases, educators recruited against clear vacancies when reported for duty at the school of their appointment, found that there was no vacancy against which they could join. To rectify this, regular teachers were transferred and against the vacancies thus created educators were adjusted. Due to mismanagement, a lot of time of the teachers and the taught got wasted. Some educators and teachers got frustrated which lead to avoidable pull and push for their adjustment. iii) Under four tier formula, posts were identified in different colleges and schools. Against these posts, teachers were promoted. Because of extraneous factors, promoted teachers were not adjusted on merit against available vacancies, rather junior teachers were allowed to continue against posts in higher scales or at the stations of their choice. Students in rural and mufasil areas remained deprived of quality education. It is proposed that the supervisory officers of the Department take notice of the state of affairs and ensure full compliance of rules and policies. iv) Since 2002, quite a large number of teachers/educators have been recruited on contract basis in the Education Department. Under the terms of contract, no facility of maternity leave with pay has been allowed to the female educators causing them hardships. Services and General Administration Department vide No. DS(O&M)53/04/contract(MF) dated 29th December, 2004 has notified Contract
Appointment Policy. It provides that maternity leave of 90 days with pay once in a tenure of 5 years, will be admissible to the female employees. It is recommended that in line with the notified Contract Recruitment Policy of the government, similar provision about maternity leave may be included in the terms and conditions of the female educators already recruited. v) At the time of admissions in colleges/higher secondary schools, students deposit library security. They can seek refund of this security within two years of the conclusion of their academic session. In many cases, the unclaimed security is either deposited in the dead account of the institution to avoid audit objection or pilfered by the dealing officials with forged signatures of the students. In such cases, the students suffer financial loss. It is proposed that:a) Security should be refunded to the outgoing students through crossed cheques and dispatched to them at their residential addresses without requiring them to make a formal request for refund. b) Alternatively, the Department may examine the issue and come up with a solution ensuring timely refund of security to the students. c) For proper utilization of unclaimed security, rules and procedures be prescribed. vi) A very huge number of complaints were received from teachers of various categories clearly showing that their service matters e.g. advance increments, move over, selection grade, promotion etc. are
inordinately delayed. It seems that lot of the time of the teachers is taken in pursuing their service matters. The senior officers need to take notice of this state of affairs and to rectify to enable the teachers to devote their time and energy to their basic responsibility of imparting education rather than running after the officials to get what is their due. vii) BISEs/Universities: Scores of complaints received against BISEs and Universities highlighted different types of maladministration committed at their ends. Some of these are:i) Forms seeking admission to examinations are mechanically processed and accepted without verifying the entries with the previous record available in the BISE/University.
Subsequently, when the results are declared, result card and certificate/degree are withheld on the pretext of different anomalies viz a viz previous record. This creates hardships, wastage of time and money of candidates. ii) Roll no. slips are issued with considerable delay. In some complaints it was alleged that the examination centers quoted on the roll no. slips were found wrong. iii) Candidates not satisfied with the evaluation of their answer sheets apply to the concerned BISE/University for their rechecking. Instead of giving them an opportunity to examine the papers themselves, the dealing staff on their own check the papers and furnish stereotype reply. They take shelter behind rules. In some cases it was found that while evaluating the papers, the examiners had either not followed the marking key or omitted to mark some answers resulting in loss to the candidates.
Very large number of candidates visit the offices of BISEs and Universities daily seeking information regarding their examinations, applications or forms submitted. The number of complaints received indicate that either these offices are insufficiently manned to guide and provide requisite information to the candidates or the staff posted there does not help and guide them properly.
In many cases, degrees and certificates are not issued to the candidates even after passage of many years of clearing the examination. They have to apply to the concerned BISE/University to get their certificates/degrees. For the purpose, they have to pay additional fee to the concerned office which is an unnecessary and uncalled for burden because of no fault of theirs.
In order to address the situation, it is recommended that:a) All admission forms received must be properly scrutinized before roll number slips are issued. Provisional roll no. slips where issued, should immediately be followed by scrutiny and if any discrepancy is found, this be conveyed to the candidates at their given addresses. For this computerization of records is absolutely essential. b) Arrangements should be made to ensure that roll no. slips and date sheets are received by the candidates at least 20 days before the commencement of the examinations. For the purpose an elaborate time schedule be chalked out. Date sheets should be placed on the website of each Board/University. c) All Boards and Universities should try and post the results on their websites.
Certificates/degrees must be issued to all successful candidates within 6 months of the announcement of the result. If these are not, and a candidate applies for the certificate/degree no additional fee should be charged from him.
Re-checking/re-evaluation of answer sheets should be made more meaningful and done in the presence of applicant candidate and he should be allowed in the presence of the committee to properly examine his answer sheets. He should be given the opportunity to satisfy himself that:i) The answer book or any part has not been changed. ii) No portion/sheet has been removed. iii) No answer has been left unmarked. iv) Marks have been totalled correctly. The candidate’s observation should be replied to his satisfaction as far as possible. Where any discrepancy is found to be genuine, this should be rectified without hesitation. Candidates, of course, can not be allowed to argue that marks awarded to a particular answer are strict/less that what he expected. Rules as framed at present should not become obstacles in the way to satisfy the candidates. These should be amended in the interest of justice and equity.
Boards/Universities must be refurbished. There should be a system of registering all complaints received/information sought with proof of complaints having been investigated and reply furnished and information provided. g) Like computerized NIC, photograph of the candidate should be printed on his certificate/degree to avoid possibility of forgery. Technology is available which should be harnessed.
It is observed that important documents like roll no. slip, result card and degrees are sent to the candidates through ordinary post. There are cases in which it is alleged that these are either lost or fall in unconcerned hands or the candidates deny having received them. All information to the candidates must be sent through registered post/A.D.
Scholarship: A number of scholarships are awarded by the Government on the basis of various public examinations. Complaints have been received indicating that because of introduction of new disciplines or changes in the nomenclature of certificates/degrees, grant of scholarships is denied to deserving students. This can be illustrated by the following two examples:i) a student passing F.Sc. Examination was not granted scholarship as she had joined B.Sc. Honours and not B.Sc. class; ii) a student who got a certificate of FA despite taking Economics and Mathematics as two of the subjects in the Intermediate was not allowed scholarship when she joined under graduate class with Mathematics A&B, on the ground that this would lead to a B.Sc. and not B.A. degree.
It is proposed that Education Department may review the policy documents e.g. Education Code etc. and update these to eliminate the complaints. 8. FINANCE Complaints have been received expressing dissatisfaction over replies sent by the Finance Department. It is noticed that rarely, if ever, reasons are given as to why the Finance Department has turned down a request or a proposal. There are complaints of serious delay in providing advice also.
It is suggested that the Finance Department must give reasons to support the advice/decision which it has taken in a particular case. It should also take steps to reduce the time being taken in giving its advice. 9. FOOD Cess on sugarcane is contributed by the growers and the mills in equal proportion. The funds collected are used to maintain Farm to Market Roads and further expand this infrastructure. Instances have been reported indicating poor maintenance of these roads causing damage to the machinery used in transporting sugarcane from fields to the mills. It has further been pointed out that huge amounts of sugarcane cess are still outstanding against the mill owners. In some cases it has been reported that mill owners either had not paid price of the cane to the grower or paid it after long delays thereby, keeping grower’s money in their use. Dwindling mutual confidence between the growers and mill owners is ultimately adversely affecting the production of sugarcane. It is suggested that:a) Outstanding dues be recovered from the mill owners. A proper system of maintenance of roads constructed from sugarcane cess fund, be evolved to facilitate transportation of sugarcane. b) 10. The Cane Commissioner should strictly enforce the rules requiring payment of mark up, in cases where payment of price is delayed. HEALTH Despite noticeable growth of health facilities in the private sector, large sections of the population still look up to public sector health services because of meager resources at their disposal. The situation depicted in complaints highlights sufferings of people and increasing incidence of disease because of the following reasons:-
Doctors in government hospitals ask patients to get treatment at their private clinics. In the hospitals, they do not provide required attention and care to the patients.
Private hospitals and health centers though helping in providing health services to the patients but are very expensive and not under any regulatory framework.
In rural and mufassil areas, health services are still more unsatisfactory. Health centres are dysfunctional for want of staff, medicines and equipment. In many cases buildings of health centers had been left incomplete resulting in wastage of public wealth.
Machinery and equipment in hospitals remains out of order. Lithotripsy machines in Urology Ward of a teaching hospital is reportedly out of order for the last couple of years. All of the air conditioners installed in the Cardiac Intensive Care Unit of the same hospital were nonfunctional even in humid rainy season.
Since the grant of autonomy to big hospitals, quality of medical services has gone down and cost being paid by patients gone up.
There are numerous complaints of improper/wrong/delayed treatment in government hospitals.
In order to improve delivery of health services, qualitatively and quantitatively, the department may consider the following:a) Policy/rules may be formulated to regulate working of and lay down standards for private hospitals and health centres. Some check on the charges to keep these within reasonable limit, would be appropriate.
Performance of hospitals which were granted autonomy needs to be got evaluated to see what else needs to be done to make the hospitals patient friendly and provide the best possible services.
Incomplete buildings of health units in rural areas be completed. Dysfunctional health units be made functional by providing required staff, medicines and equipment.
The problem of absenteeism particularly in rural areas which has been affecting delivery of service despite huge expenditure on brick and mortar, needs focused attention.
Diagnostic and other equipment in hospitals be brought and kept in working order. Persistence of this problem despite grant of autonomy to some hospitals defies explanation. Obsolete and beyond repair equipment be replaced.
The Health Department should have a Board of competent doctors to inquire into complaints of wrong and delayed treatment and professional malpractices resulting in serious damage to the patient or even death.
Serious efforts are required to check the menace of quackery which is flourishing. HUD & PHE Quality of water in many areas is not fit for human consumption.
For drinking water large areas are fed by canals/rivers. Untreated municipal sullage water and industrial effluents are being discharged into rivers and canals increasing pollutants concentration beyond safe permissible limits. It is a serious health hazard indeed. The Department should take steps to tackle the problem which has already assumed serious proportion.
IRRIGATION & POWER In quite a sizeable number of complaints received against the
department, different problems/issues highlighted are:i) When land under canal command area is excluded from an outlet for the purpose of irrigation, having come under abadi, its share of water so becoming available is not distributed on the land remaining under CCA. It is either misused by some influential share holders or manipulated by the officials of the department for their own benefits. ii) With the passage of time, changes take place in ownership etc. and ‘Wara Bandi’ needs to be updated but it is not done because of the cumbersome procedure under the Canal and Drainage Act. Resultantly, quite a large number of disputes on water rights/use arise and sometimes lead to serious situations. iii) Whenever any outlet is found broken or altered or a breach occurs in the embankment of a canal or instance of water theft takes place, FIR is lodged by the officials of the Irrigation Department against all the share holders of that outlet. Without verifying as to who had actually caused the breach such an open ended FIR has proved to be a tool in the hands of police to extort money from the landowners without enquiring and identifying the actual culprits. They resort to indiscriminate action and in many cases even innocent persons over 70 years of age were arrested. iv) Irrigation Department imposes ‘Tawan’ for unauthorized use or theft of water. Because of change in ownership on ground not effected in the record, action is initiated against owners rather than occupants. In order to rectify the maladies, it is proposed that:-
Like updating of quadrennial Record of Rights, ‘Wara Bandi’ be also updated preferably after every four years, by observing the due process.
In a revenue estate where land use has changed from agricultural to residential or industrial, excess water becoming available may be provided preferably to lands at the tail or distributed equitably amongst the owners of land in the same estate.
In case of any damage to the irrigation channel or breach in the embankments of a canal/distributory before lodging FIR, the Irrigation Authorities should conduct enquiry, fix responsibility and then lodge nominated FIR. Where it is not possible, the police should, before arresting anyone, undertake appropriate investigation and then initiate action only against those who in the light of evidence are substantially found involved. Umbrella action should be avoided in all cases.
In order to avoid implications of imposing and collecting Tawan from unconcerned persons, it is necessary that record of ownership/land tillage with the Irrigation officials is updated on four yearly basis as is being done in case of quadrennial Record of Rights. Such updating of record should be made fool proof in consultation with the local owners of land and the revenue officials.
LABOUR AND HUMAN RESOURCE Since the introduction of metric measuring system, the public is
being overcharged because of poor checks on weights and measures being used in the markets. For liquids like milk, 200 ml unit is used as equivalent to ¼th of liter/seer and yard in place of meter. Weights and volume on the packed stuff are
written in very small print. Competitors in the market reduce prices by concealing unit weight and volume which stand reduced. It is proposed that for selling of packed commodities units may be standardized and manufacturers/sellers be not left to their discretion to change these units. The possible option can be 50 gram, 100 gram, 250 gram, 500 gram, 1Kg or 50 ml, 100 ml, 250ml, 500ml and liter or its multiples etc. For selling cloths, it should be ensured that only meter is used. 14. LAHORE DEVELOPMENT AUTHORITY With effect from June, 2004, LDA has modified its exemption policy to the effect that permissible exemption stand virtually withdrawn. It has been made applicable retrospectively. There are still scores of exempted allottees from whom even the development charges have been recovered but they have not been given possession of their plots on one pretext or the other. They have suffered because of no fault of theirs. The Authority should have retained plots for allotment to those whose land was acquired giving them the option of getting an exempted plot. Due to the wrong already committed, another wrong is being committed by offering them compensation at the rates when the land was acquired a quarter century back or more. To mitigate the sufferings of exempted allottees it is proposed that the Authority may reconsider its decision of June 2004:a) Any amendment in the exemption policy may be made applicable prospectively and not retrospectively. b) After determining their genuineness, all exempted allottees be given possession of their plots. In case, plots are not available, compensation of their lands at the present prevailing market rates may be given.
LIVESTOCK AND DAIRY DEVELOPMENT Livestock and Dairy is the growing field of economic development
in the country. Different diseases affect the quality of animal products like meat, milk, cheese and butter. Foot and mouth disease is highly contagious and its recurrence in different areas is reported intermittently. Reports have been received indicating poor quality of medicines, improper care being provided by the Veterinary Hospitals/dispensaries and inadequate vaccination. The department is advised to monitor working of its field units and supervise the staff to ensure qualitative improvement in delivery of services for better health of the livestock. 16. LOCAL GOVERNMENT & RURAL DEVELOPMENT A) Water Supply Schemes
Supply of clean drinking water is an important responsibility of the government and its agencies. Since Devolution, management, operation and maintenance of rural water supply schemes have been entrusted to the Tehsil Municipal Administration which were advised to constitute ‘Users Committees’ comprising members of the area served by the water supply scheme for its operation and maintenance including collection of water charges. There would not be many cases in which the committees are functioning effectively. The result is, scores of water supply schemes are lying idle and people are not getting any benefit out of the huge capital investment made by the Government. The staff posted to operate/look after these schemes has not been paid for months. With the passage of time, machinery, equipment and distribution system is deteriorating and its restoration after years will be a very expensive affair.
It is proposed that the LG&RD Department should take stock of the situation on top priority basis, evolve a policy to make these water supply schemes functional and have in place a system of their maintenance. It should also be ensured that the essential staff required to operate these/perform watch and ward duties is paid regularly because leaving these schemes at the threshold of TMAs which do not have the resources to maintain these, is causing hardship to the people and to the employees and is certain to cause loss to the huge investment of public funds made in these schemes. B) Delay in Payment of Pension and Gratuity
Scores of complaints have been received against TMAs for non payment of pension and gratuity. Although Government has issued instructions vide letter No.SOIV(LG)1-10/2002 dated 14.4.2004 whereby pension and gratuity have been made first charge on even development funds but still the problem has not been resolved because the TMAs are unwilling to act on the directions and sufferings of retired officials are continuing. Another equally distressing act of maladministration is the non payment of pension share of retired employees by the TMAs to the District Government or other departments to which they had been allocated after the Devolution. It is strongly urged that LG&RD Department should take effective steps to resolve this, ensuring timely payment of pension to the retired officials. 17. POLICE Statistical Analysis would indicate that 1307 complaints i.e., 17.31% of the total complaints received in 2004, pertained to Police. In terms of number of complaints received against an agency, Police was at No. 2 during the years 2000, 2001 and 2002 but since 2003 it has come on the top. Increasing trend of grievances against Police calls for serious attention of the senior police officers. The complaints received indicate disregard to laws, rules and its
mandated responsibility of protection of life and property of the people. Promulgation of the Police Order 2002 has yet to address these complaints. Different acts of maladministration reflected in the complaints against Police are:a) b) Refusal or delay in registering FIR in clearly cognizable cases. Providing protection and undue leverage to the accused enabling them to suppress evidence against them. c) Forcibly entering private houses without search warrants and prior completion of procedural formalities. d) Arresting people or calling them to Police Station without recording FIR, subjecting them to coercive investigation methods while keeping in illegal custody and releasing after taking bribe. e) Intercepting people on their way and extorting money from them under coercion. f) g) Use of third degree methods for investigating crimes/offences. False recoveries and tutored witnesses included in the challans, ultimately defeating criminal cases before the courts. h) Detaining travellers at police ‘Nakas’, harassing and extorting money from them. i) Not taking action u/s 88 Cr. P.C. and being content with getting the accused declared as P.O. j) After investigation, where the charges are not proved reports u/s 173 CrPC are not submitted for months before the court. Complaints received by this Office are sent to the concerned DPOs for enquiry and report, who in turn, send these to the very subordinate officer for
enquiry who had been complained against. A number of reports received showed lack of application of mind independently. In most cases comments were received with considerable delay. Officials found guilty as a result of enquiry were not awarded penalties commensurate with the guilt and were rather just ‘warned’ or ‘censured’. Based on the experience of this Office the following suggestions are made:i) The Institutions provided in the Police Order for redressal of public grievances should be made fully operative and all means provided to them to perform the assigned functions. ii) Strict action should be taken against police officials found involved in raids on houses without search warrants issued by a court of law or in clear violation of the provisions regarding hot pursuit. iii) Police ‘Naka’ system within urban areas or on intercity routes be reviewed dispassionately to abolish or improve it, minimizing inconvenience to public and reducing opportunities to extort money from public. iv) In no case a complaint should be sent for enquiry or report to the police official against whom the complaint has been lodged. It must be got enquired into by an independent officer. v) The practice of ‘persuading’ or pressurizing the complainant to withdraw his complaint must be discouraged effectively. There are instances in which the complainant completely refuted the claim made in the police report that he was not interested in pursuing the complaint or had compromised with the official complained against. vi) The investigating staff must be equipped with and trained in the latest investigation equipment and techniques. More often than not
the cases are still concluded on oath by the parties.
arrangement does not secure conviction of those who actually committed an offence. vii) In most complaints it has been noticed that non arrest of an accused in a cognizable case is explained by stating that proclamation under section 87 Cr.P.C. has been issued. This must be followed by action under section 88 Cr.P.C. to attach the property of the absconding person. viii) All cognizable cases proposed to be cancelled after the investigation has been completed, should be submitted before the competent court in the form of report u/s 173 Cr. P.C. WASA LAHORE The complaints received in respect of WASA Lahore pertained to non redressal of grievances for long periods regarding excessive billing, arbitrary water charges, non functioning meters etc. WASA as an Agency comes in contact with almost every one in the city. It is recommended that:i) It must have a very effective and proactive grievance redressal system in its sub-offices spread throughout Lahore. All complaints received must be properly registered and the complainants informed of the action taken. ii) The water charges need to be recovered on a uniform basis. At present some consumers are being billed on the basis of ARV of 1976-77, others are billed on the basis of area of the plot on which the house is constructed and yet some others are billed on the basis of actual consumption recorded by the meter. ARV is a very unreliable basis for recovery of water charges because the Excise
Department distinguishes between the self occupied and rented houses for the purposes of determining the annual rental value. This distortion is then reflected in the water bills, which people do not accept. The Agency has also to make arrangements for providing maximum number of meters and keep these in working order so that the large number of complaints on this account are redressed. iii) The provision of having the minimum charge despite installation of meter is unjustified particularly in case of domestic consumers. WASA should revise its tariff and charge only for the water consumed and recorded by the meter. iv) It should also clearly define the term “non domestic use of water” because in some cases even when a small shoe manufacturing unit is installed which does not use any water, the Agency charges non domestic or commercial tariff. v) All columns on the bill must be filled and efforts should be made to issue the bills in Urdu so that the consumers can easily understand. The agency also must streamline the bill delivery system so that the bills are distributed regularly among the consumers. vi) WASA must also make transparent its system of regularizing unlawful water connections detected during survey. The user must be informed of this detection and the discretion in imposing penalty be done away with. vii) In many cases arrears are allowed to accumulate to thousands of rupees without disconnecting the supply. This happens due to collusion of the concerned staff. The Agency must evolve a system of disconnecting the supply if the bill remains unpaid for 3-4 months. In cases of big defaults action should be taken against the officials concerned.
ZAKAT AND USHR A large number of complaints are received pointing out irregular
payment of even small amounts of maintenance grant sanctioned for widows and other deserving persons as well as disbursement of grant by members of the Local Zakat Committees to their close relatives bringing the system in serious disrepute. Regarding the first malady, since almost the entire zakat is deducted on the 1st of Ramazan, there should be no problem in its smooth and orderly transfer to Local Zakat Committees so that ‘Mustahqeen’ get the small amount of monthly grant on regular basis. It is recommended that:i) The Department should ensure regular and prompt payment of maintenance grant to ‘Mustahqeen’. ii) Make those persons ineligible for being elected to the Local Zakat Committees whose close relatives (sons, daughters, sisters, brothers, brothers-in-law, fathers-in-law, mothers-in-law) are ‘Mustahqeen’. This is being suggested because the Central Zakat Council has reportedly clarified that there is no embargo on number of Local Zakat Committees to pay zakat to their ‘Mustahqeen’ relatives.
RECEIPT & DISPOSAL OF COMPLAINTS
YEAR WISE RECEIPT AND DISPOSAL OF COMPLAINTS (30.9.1996 to 31.12.2004) DEPARTMENT / AGENCY WISE BREAKUP OF COMPLAINTS 2004. DISTRICT WISE BREAKUP OF COMPLAINTS 2004. DISPOSAL OF COMPLAINTS 2004. NON-MAINTAINABLE COMPLAINTS 2004. NATURE OF MALADMINISTRATION REFLECTED IN MAINTAINABLE COMPLAINTS 2004. DISPOSAL OF COMPLAINTS AFTER INVESTIGATION 2004. MONTH WISE RECEIPT AND DISPOSAL OF COMPLAINTS 2004. COMPLAINTS PERTAINING TO MALADMINISTRATION IN SERVICE MATTERS 2004. DEPARTMENT / AGENCY WISE REPRESENTATIONS DECIDED BY THE GOVERNOR 2004. IMPLEMENTATION PETITIONS 2004
• • • • •
• • •
YEAR WISE RECEIPT AND DISPOSAL OF COMPLAINTS (30.9.1996 to 31.12.2004)
1996-1997 1998 10049 11501 21550 15532 6018 1999 6018 11696 17714 13713 4001 2000 4001 8909 12910 7445 5465 2001 5465 8385 13850 8199 5651 2002 5651 8586 14237 10437 3800 2003 3800 9392 13192 9509 3683 2004 3683 8434 12117 7384 4733
Brought Forward Receipt Total Processed Disposal Pending
17801 17801 7752 10049
Total Number of complaints received: Total Number of complaints disposed of:
DEPARTMENT / AGENCY WISE BREAKUP OF COMPLAINTS 2004
Sr. No. DEPARTMENT / AGENCY COMPLAINTS %age
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37
Police Education District Governments Local Govt. & Rural Development Health Irrigation & Power Board of Revenue Water & Sanitation Agencies Benevolent Fund Boards Zakat & Ushr Excise & Taxation Accountant General Punjab B.I.S.Es Universities Agriculture Communication & Works Forestry, Wildlife & Fisheries Development Authorities Cooperatives Bait-ul-Maal Housing, Urban Development & Public Health Engineering Home/Jails Anti Corruption Establishment Industries Auqaf Livestock & Dairy Development Food Social Welfare & Women Development Transport Labour & Human Resource Population Welfare TEVTA Finance Board of Technical Education Services & General Administration Punjab Public Service Commission Mines & Minerals
1307 1193 634 588 488 459 357 206 204 203 183 166 147 145 140 110 108 83 82 79 68 63 55 49 47 41 40 37 34 32 32 31 30 23 19 16 11
17.31% 15.80% 8.40% 7.79% 6.46% 6.08% 4.73% 2.73% 2.70% 2.69% 2.42% 2.20% 1.95% 1.92% 1.85% 1.46% 1.43% 1.10% 1.09% 1.05% 0.90% 0.83% 0.73% 0.65% 0.62% 0.54% 0.53% 0.49% 0.45% 0.42% 0.42% 0.41% 0.40% 0.30% 0.25% 0.21% 0.15%
38 39 40 41 42 43 44 45
Bank of Punjab Environment Protection Information & Culture Planning & Development Punjab Small Industries Corporation Law & Parliamentary Affairs Punjab Text Book Board Sports Total Federal / Private / Where departments were not mentioned Grand Total
11 9 8 5 4 3 1 1 7552 882 8434
0.15% 0.12% 0.11% 0.07% 0.05% 0.04% 0.01% 0.01% 100%
DISTRICT-WISE BREAKUP OF COMPLAINTS 2004
SR. NO. DISTRICTS 1 Lahore 2 Faisalabad 3 RahimYar Khan 4 Sargodha 5 Jhang 6 Gujranwala 7 Bahawalnagar 8 Sheikhupura 9 Okara 10 Bahawalpur 11 Multan 12 Rawalpindi 13 Mianwali 14 Kasur 15 Khanewal 16 Muzaffargarh 17 Gujrat 18 Sahiwal 19 Dera Ghazi Khan 20 Sialkot 21 Mandi Bahaud Din 22 Toba Tek Singh 23 Khushab 24 Vehari 25 Pakpattan 26 Bhakkar 27 Narowal 28 Hafizabad 29 Rajanpur 30 Layyah 31 Jhelum 32 Attock COMPLAINTS %age 1180 14.28% 460 5.56% 449 5.43% 396 4.79% 367 4.44% 348 4.21% 315 3.81% 306 3.70% 292 3.53% 283 3.42% 269 3.25% 250 3.02% 248 3.00% 242 2.93% 216 2.61% 192 2.32% 190 2.30% 189 2.29% 184 2.23% 178 2.15% 173 2.09% 167 2.02% 164 1.98% 162 1.96% 145 1.75% 136 1.65% 131 1.58% 123 1.49% 112 1.35% 111 1.34% 78 0.94% 73 0.88%
Chakwal Lodhran Grand Total:
71 66 8266
0.86% 0.80% 100%
Federal / Where Districts Were Not Mentioned
DISPOSAL OF COMPLAINTS 2004
DESCRIPTION NO OF COMPLAINTS PERCENTAGE
Disposed of after hearing Disposed of in limini
Total Disposal Complaints Brought Forward to 2004 Complaints Received during 2004 Total Complaints processed during 2004 Total Disposal of complaints during 2004 Pending
100% 3,683 8,434 12,117 7,384 4,733
NON-MAINTAINABLE COMPLAINTS 2004
CATEGORY Federal Incomplete Private Service matters Subjudice Anonymous Press clippings Time barred Total: COMPLAINTSPERCENTAGE 568 566 442 341 153 131 71 13 2285 25% 25% 19% 15% 7% 6% 3% 1% 100%
NATURE OF MALADMINISTRATION REFLECTED IN MAINTAINABLE COMPLAINTS 2004
Sr. No. Nature of Mal-administration
No. of Complaints Percentage
1 2 3
In-attention, delay ,neglect, inefficiency and ineptitude. Corrupt Practices. Administrative excesses, discrimination, favoritism, arbitrary, unjust and biased decisions. Total: Total Maintainable complaints received Total Non-Maintainable complaints received Grand Total:
2,944 1,135 2,070
48% 18% 34%
DISPOSAL OF COMPLAINTS AFTER INVESTIGATION 2004
DESCRIPTION COMPLAINTS %AGE
Total No. of complaints wherein the prayer fructified Total No. of cases wherein the views of the Agency were up-held
3,027 2,072 5,099
59% 41% 100% 5,099 2,285 7,384
Disposal After Hearing Disposal In Limini
MONTH WISE RECEIPT AND DISPOSAL OF COMPLAINTS 2004
JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER TOTAL RECEIPT DISPOSAL
822 602 799 805 786 583 627 947 720 641 465 637
604 447 859 705 878 1109 917 775 1090
Complaints Brought Forward Complaints Received During 2004 Total Processed During 2004 Complaints Disposed Carried forward
3,683 8,434 12,117 7,384 4,733
COMPLAINTS PERTAINING TO MALADMINISTRATION IN SERVICE MATTERS 2004
SR. NO. DESCRIPTION 1 Misconduct 2 Pensionary and Other Retirement Dues 3 Benevolent Fund/G. P. Fund 4 Payment of pending bills 5 Selection Grade/Promotion/Move Over 6 Release/Fixation of Pay 7 Finalization of Pending Chronic Inquiries 8 Appointment under Rule 17(A) 9 Family Pension 10 Grant of Increments 11 Reinstatement in Service 12 Reimbursment of Medical Charges 13 Appointment against the disabled quota Appointment against quota for the children of 14 non-gazetted employees (BS-1 to 5) 15 Completion of Service Book/Service Record 16 Cancellation of Transfer Orders 17 Issuance of LPC 18 Seniority Disputes 19 Annual Confidential Reports 20 Transfer of PPO 21 Payment of T.A Total COMPLAINTS 377 363 333 267 262 200 165 165 92 84 74 72 72 48 33 31 27 24 13 10 1 2713
DEPARTMENT / AGENCY WISE REPRESENTATIONS DECIDED BY THE GOVERNOR 2004
SR.NO DEPARTMEN REPRESENTATION REJECTE ACCEPTE MODIFIE . T S D D D
4 5 6 7 8 9 10 11 12
Lahore Development Authority Faisalabad Development Authority Cholistan Development Authority Gujranwala Development Authority D.C.O., Lahore D.C.O., Faisalabad D.C.O., Mandi Bahauddin WASA, Lahore WASA, Gujranwala WASA, Faisalabad Accountant General Punjab Communicatio n and Works
4 2 1 1 3 1 1 2 1 3 2 2
4 1 1 1 3 1 1 1 1 1 2 1 1 2 1 1
13 14 15 16 17 18 19 20 21
Board of Revenue Zakat & Ushr TEVTA LG & RD BISE, Rawalpindi BISE, Gujranwala Education Punjab University Agriculture University Faisalabad University of Health Sciences, Lahore Bahauddin Zakariya University, Multan Police I&P HUD & PHE Agriculture
5 2 1 10 1 1 7 2 1
3 2 1 8
1 4 2 1 1 1 1
24 25 26 27
2 1 2 1
2 1 2 1
Health Punjab Small Industries Corporation, Sargodha PAD&SC S&GAD Punjab Employees Social Security Institution
IMPLEMENTATION PETITIONS 2004
MONTH Brought Forward JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER
TOTAL: RECEIPT DISPOSAL
427 36 52 49 30 29 31 28 14 3 6 7 8
27 13 37 38 47 51 46 54 58
• • • • • • • • • • • • • • • • • • •
Agriculture Department Benevolent Fund Boards Board Of Revenue Board Of Technical Education Communication & Works Department Cooperatives Department District Government Education Department Excise & Taxation Department Health Department Irrigation & Power Department Labour & Human Resource Department Lahore Development Authority Local Government & Rural Development Police Prisons Punjab University Water And Sanitation Agency Zakat & Ushr Department
REQUEST FOR REINSTATEMENT IN SERVICE AND PAYMENT OF ARREARS Complaint No: Imp.No.37/03/C-III-02/03 Ghulam Hussain S/o Anayat Khan, Electrician, Market Committee, R/o H. No. 112 Street No. 76, Islampura, Main Bazar Shahdara, Lahore, in his complaint dated 9.10.2000 alleged that the Chairman, Market Committee, Lahore, had removed him from service unlawfully. On his appeal, the impugned Order dated 4.5.1998 was set aside by the Director Agriculture (E&M)/Appellate Authority, vide his order dated 5.9.1998 but the Chairman Market Committee refused to implement the said orders. The complainant sought redressal of his grievance from this office. Ombudsman Punjab vide his order dated 28.12.2002 directed the agency to implement the orders of Director Agriculture (E&M) Punjab. The Agency did not implement the said order. The complainant then filed an implementation petition on which the report of the agency was obtained. It transpired that agency had filed a representation before the Governor Punjab, against the order of the Ombudsman dated: 28.12.02. Vide his order dated 2.12.2003, Governor rejected the representation of the Agency and upheld the order of the Ombudsman. Consequently the Chairman Market Committee reinstated the petitioner in service and paid him the arrears also. The illegal action taken by the agency against the petitioner was, thus, got rectified through the intervention of this Office. REQUEST FOR PAYMENT OF G. P. FUND Complaint No: 8690/03/C-III-387/03 Allah Wasaya S/o Wahid Buksh R/o Ward No.5, Mohallah Eid-Gah, Tehsil &. District Layyah, filed a complaint on 22.10.2003 that he served as a Mechanic in the Department of Agricultural Engineering, Layyah, for 30 years and retired a few years back. During service he had been subscribing towards his G. P. Fund regularly vide No.II.Agri(11827). His G. P. Fund accumulation from 5/72 to 5/77 had not been paid to him as the relevant entries were stated to be missing in the record. Being an old and sick
person he required financial support, but the department was delaying the payment of his G. P. Fund arrears on different pretexts. The matter was taken up and pursued with the agency concerned i.e., Director General Agricultural Engineering Lahore who got the relevant record thoroughly checked, traced out the missing entries worth Rs.4,176/- and paid the same to the complainant vide pay order No. SP/B-565708, dated 9.1.2004. The complainant acknowledged the receipt of this amount. Through the intervention of this Office, the grievance of the old/ailing complainant was redressed.
BENEVOLENT FUND BOARDS
SCHOLARSHIP OUT OF BENEVOLENT FUND Complaint No: 7534/2003-569/2003(C-I)
Mr. Aziz Muhammad Khan, retired Superintendent, Irrigation Department lodged complaint dated 13.9.2003 that he applied to Administrative Officer, Provincial Benevolent Fund Board, Lahore on 6.2.2003 for payment of scholarship to his son Muhammad Umar Khan, student of B.Com Government College of Commerce, Bahawalpur, but the scholarship had not been paid. He requested that Administrative Officer, Provincial Benevolent Fund Board, Lahore be directed to process the case and pay the scholarship without further loss of time. Administrative Officer, Provincial Benevolent Fund Board, Lahore was accordingly directed on 17.10.2003 to process and finalize complainant’s request, in accordance with law. He acted accordingly and issued cheque No.488659 dated 24.3.2004 for Rs.14,000/- to the complainant’s son as scholarship. The grievance voiced in the complaint was, thus, got redressed.
MARRIAGE GRANT OUT OF BENEVOLENT FUND Complaint No:C-4458-6/2004-340/2004(C-I) Saeed Ahmed Aarbi, District Officer Social Welfare Faisalabad, on 16.6.2004, invoked jurisdiction of Ombudsman Punjab stating that he solemnized marriage of his daughter in August, 2002 and sent an application for marriage grant to Director General, Social Welfare, Women Development and Bait-ul-Maal, Punjab on 8.10.2002 vide No.1775, which was forwarded to Secretary, Social Welfare Women Development & Bait-ul-Maal on 8.11.2002 vide No.SW(E)1-365-73. He visited Provincial Benevolent Fund Office, Lahore and came to know that his application had been filed being time barred on 11.11.2003. He requested that he be paid the grant, as he had filed the application to his parent department well in time.
The matter was taken up with Administrative Officer Benevolent Fund on 19.6.2004. Administrative Officer (B.F) reported that complainant’s application in the first instant was not received in his office. However, another application was called for through Secretary, Social Welfare, Women Development and Bait-ul-Maal, Punjab who forwarded the same to his office on 20.7.2004. The Provincial Benevolent Fund Board on receipt of fresh application accorded sanction and paid Rs.25,000/- to the complainant from Benevolent Fund as marriage grant through cheque No.477144 dated 3.8.2004. The grievance accordingly was got redressed.
RESTORATION OF MONTHLY GRANT Complaint No: 999/2004-83/2004(C-I)
Razia Sultana lodged a complaint on 10.2.2004, that her husband ex Assistant Superintendent, Bahawalnagar Jail died on 26.10.1989 and that she used to receive Rs.10,000/- after every six months as monthly grant from Benevolent Fund, but it had not been paid for the period 1.1.2003 to 30.6.2003. The complainant requested for a direction to the agency for the requisite payment of the monthly aid. The matter was taken up with DCO/Chairman District Benevolent Fund Board Pakpattan on 19.2.2004 to proceed in the matter in accordance with the law to redress the grievance of the complainant. DCO Bahawalnagar reported vide his letter dated 16.6.2004, that the complainant had been paid the grant @ Rs.1700/- per month for the period from 1.7.2003 to 31.12.2003 and transferred the amount to complainant’s bank account No.6618 Allied Bank Limited, Arifwala. The grievance of the complainant was accordingly got redressed.
BOARD OF REVENUE
SANCTIONS OF MUTATION Complaint No: 8047/02 D-IV-1078/02
Shabbir-ul-Hassan and Ghulam Muhammad residents of Chak No.521/TD Tehsil Kot Addu District Muzaffargarh submitted that they were allotted Ahata Nos.47 and 48 in Chak No.521/TDA, Kot Addu District Muzaffargarh and Mutation Nos.23 and 24 were also entered regarding these Ahatas. He alleged that these were not sanctioned and prayed that agency may be directed to do the needful. Matter was taken up with the agency DDO(Revenue) Kot Addu. He reported that mutation Nos.23 and 24 had been entered regarding the complainant’s Ahatas No.47 and 48 and the same had been sanctioned on 21.4.2003 by the order of Tehsildar. Grievance of the complainant was, thus, redressed and the complaint stood disposed of having borne fruit. CORRECTION OF REVENUE RECORD Complaint No: 4238/03 D-IV-201/03
Complainant Muhammad Sharif stated that he was owner of 20 kanals land situated in Mouza Tal Shumali and Pati Machi whereas his cousins namely Shabbir Hussain etc were owners of land measuring 03 kanals 07 marlas in the said Mouza, but they sold 04 kanals 06 marlas of land, 09 marlas in excess of their share which was owned by the complainant. He further stated that vendees Fateh Muhammad etc had taken possession of complainant’s land. They had closed his water course passing through his land, the only source to irrigate his lands. He requested that his 9 marla land be got returned to him. On the notice issued by this office Naib Tehsildar, Jampur reported that complainant’s father namely Allah Bukhsh was owner of land measuring 08 kanals 11
marlas in Khatas No.1094 and 1096 and the land mentioned in the complaint was adjoining the lands of the complainant. The other party had not sold his total holding and only one kanal eight marlas had been sold through different mutations. He submitted that the complainant may be advised to move for demarcation of land so that his grievance could be redressed. While the proceedings were in hand, the complainant submitted in writing that Revenue Department had demarcated his lands and the area in unauthorized possession of the other party had been handed over to him. Grievance of the complainant, thus, stood redressed on the intervention of this Office. MISCONDUCT OF REVENUE OFFICIAL Complaint No:7685/2003-Adv-II-464/2003 Muhammad Malik a representative of Ahmad Mubarak filed a complaint dated 22.9.2003 stating that Ahmad Mubarak had purchased a plot measuring 6 marlas from Ashiq Ali and Akbar Ali through a registered sale deed. Before mutation could be sanctioned in his favour, the previous owner of the plot sold it second time to one Muhammad Afzal who got the mutation sanctioned in his favour. Ahmad Mubarak thereafter filed a civil suit which was decided in his favour. He presented the judgement and decree of civil court to the concerned patwari who refused to enter the mutation. He approached District Officer (Revenue) Sheikhupura but no action was taken for the last 3 years. A report was called from the Agency. Deputy District Officer (Revenue) Ferozewala District Sheikhupura reported on 27.8.2004 that the requisite mutation had been sanctioned in favour of Ahmad Mubarak. Thus on the intervention of this office, the grievance of the complainant was redressed. D.C.O Sheikhupura was however, directed to initiate action against those who caused delay in giving effect to the judgment and decree of civil court. In compliance, EDO (Revenue) reported that departmental proceedings had been initiated against Iqrar Hussain Patwari under the rules. CORRECTION OF MUTATIONS
Complaint No:8510/2003-Adv-II-521/2003 Mst Hanifan Bibi and Maryam Bibi filed a complaint stating that their father Noora owned agricultural land measuring 18 acres in Chak No. 58/6, Tehsil Nankana Sahib District Sheikhupura. The brothers murdered their father and then, in connivance with revenue officials, got the land mutated in their favour showing that they had no sisters. Their brothers have also been issuing them threats of murder. They requested that mutation No. 412 dated 30.12.1997 and mutation No. 413 dated 30.12.1997 of Chak No.58/6 Tehsil Nankana should be cancelled and their share of inheritance given to them. The Agency has accepted the contents of the complaint. It has been admitted that the complainants are daughters of deceased Noora and sisters of deceased Ahmad Ali. The Revenue Officer of Halqa also pointed out that mutation No. 413 which is related ‘Khangi Taqseem’ has also not been decided in accordance with the entries available in the revenue record and without deciding the inheritance of Noora. It has, thus, been conceded that both the mutations No. 412 and 413 need to be reviewed. The Agency however, proposed that the complainants should file an appeal before the District Officer (Revenue) for redressing their grievance. This proposal was not considered fair, when the revenue authorities had come to the conclusion that the two mutations were patently wrong, they should correct the record suo moto. District Officer (Revenue) Sheikhupura was therefore, directed to review the mutations and get them sanctioned in favour of rightful heirs. It has been reported that the mutations have been reviewed and complainants given their share of inheritance. Thus, with the intervention of this Office the grievance of the complainants stands redressed. ILLEGAL CANCELLATION OF MUTATION Complaint No: 3224/03/C-II-145/03 Mst. Sakina Mai on 10.4.2003 lodged a complaint that her mother Mst. Aziman daughter of Khan Muhammad gifted her land measuring 6-kanals in Mauza Basti Arif Tehsil Jatoi District Muzaffargarh vide mutation No.5780. The possession of the land
was also delivered to her and she was in possession of the said land since 18.8.1998. Patwari halqa also issued her `Fard Malkiat’ of the above said land on 29.7.1999. Later it was revealed to her that mutation No.5780 had been cancelled by the Consolidation Officer/Assistant Collector grade-II. The land had been sold by Mst. Aziman to one Muhammad Rafique vide mutation No.6913 dated 20.3.2003 with the connivance of the respondent Revenue Officer and other officials of the Revenue Department with corrupt motive. It was prayed that mutation No.5780 be restored and she be entered as owner of the said land in the revenue record. The Revenue Officer and other respondent officials be proceeded against under the law. Matter was taken up with Deputy District Officer (Consolidation) Muzaffargarh. Notices were also issued to the respondent Patwari and Mr. Ahmad Hassan Channan Consolidation Officer. The husband of the complainant appeared in this office on 15.12.2003 and requested for adjournment to settle the matter through Panchayat. The representative of the Agency while appearing in this office on 15.1.2004 intimated that the matter has been settled between the parties. Land measuring 6-kanals had been transferred to the complainant vide mutations No.7082 & 7150. In support of his contentions, he submitted an affidavit of Mst. Sakina Mai complainant along with photo copies of the said mutations. Grievance of the complainant was, thus, got redressed. PREPARATION OF ‘FARD BADAR’ Complaint No:2027/2004-POP/C-II-142/2004 Muhammad Abid S/o Ali Muhammad, a landowner of Mauza Arra Tehsil Choa Saidan Shah District Chakwal on 17.3.2004, lodged a complaint, stating that on 26.8.2003 he applied to Tehsildar Choa Saidan Shah for preparing a ‘Fard Badar’ in respect of khasras No.1507, 1508, 1532, 1581/1 and 1638. The application was marked to the Patwari by the Tehsildar for further necessary action. The complainant alleged that the Patwari delayed the matter on one pretext or the other and finally demanded
Rs.10,000/- from him for the purpose. The complainant sought intervention of this Office in the matter. Matter was taken up with the Tehsildar Choa Saidan Shah District Chakwal on 25.3.2004. The representative of the Agency appeared in this Office on 20.4.2004 and stated that reference of one khewat could not be made inadvertently in the inheritance mutation No.2752 dated 19.2.2000 of Ali Muhammad son of Fateh Muhammad deceased, the complainant’s father, wherein he was also a shareholder. Necessary correction had been made in the revenue record through ‘Fard Badar’ No.32 and attested/sanctioned by the Revenue Officer halqa on 21.11.2003. A copy of the ‘Fard Badar’ was submitted which was delivered to the complainant. The grievance of the complainant was redressed by this Office.
BOARD OF TECHNICAL EDUCATION
CORRECTION IN THE DIPLOMA Complaint No: 6723/2003 D-III-442/2003.
Mst. Tayyaba Sadaf D/o Ch. Tahir Mahmood, R/o 72, Shama Colony, Begumkot, Shahdara, Lahore complained on 19.8.2003, that she had qualified the Diploma of Vocational Training from the Board of Technical Education, Lahore, during the session 1997. Inadvertently her date of birth was recorded as 6.1.1977 whereas, her correct date of birth was 6.1.1975. The Agency did not make necessary correction in the certificate despite her repeated requests. Matter was taken up with the Agency on 20.8.2003. As a consequence necessary correction was made by the Agency on 22.12.2003. The grievance of the complainant was, thus, got redressed on the intervention of this Office.
COMMUNICATION & WORKS DEPARTMENT
PAYMENT OF MONTHLY AND FUNERAL GRANTS Complaint No: 8690/03/C-III-387/03
Wakeela Begum, widow, filed a complaint, stating that her husband ex XEN Provincial Buildings Division, Bahawalpur died on 2.7.2004 during service and that she applied for monthly and funeral grants from Benevolent Fund. She added that Administrative Officer (B.F), Lahore issued cheque for Rs.2000/- as funeral grant, but it was not cashed by the bank concerned, as having been presented after six months of the date of issue of the cheque. The Agency was asked to redress the complainant’s grievance in accordance with the law, which reported that monthly grant had been sanctioned for the period from 3.7.2001 to 31.12.2001 and Rs.6000/- for the period from 1.1.2002 for life, in accordance with the rules. The Agency further intimated that funeral grant of Rs.2000/- had also been paid to the complainant through cheque dated 15.6.2004. The grievance accordingly was got redressed.
REFUND OF MONEY PAID IN EXCESS FOR PLOT IN REVENUE EMPLOYEES COOPERATIVE HOUSING SOCIETY RAWALPINDI. Complaint No: 7074/03/C-III-296/03
Major (Retd) Shehzad Hussain Khan R/o 3-Professors Street, Peer Khursheed Colony, Opposite AI-Hamra Bakery, Multan, in his complaint dated 29.8.2003 alleged that the Revenue Employees Cooperative Housing Society (Regd) Rawalpindi, being managed by the Cooperative Department had enlisted him as member at No.630 on 25.3.1990. As a member he was allotted Plot No.6 measuring 2 kanals in street No.34 South vide letter dated 26.4.1993. The price of the plot amounting to Rs.5,20,000/- was deposited by him on 29.3.1999, in the account of the Cooperative Society. In the year 2000, he was informed by the said Cooperative Housing Society that as a matter of policy two kanal plots had been reduced to one kanal only. However, no refund was allowed in his favour on account of reduction of size of the plot inspite of his repeated requests to the concerned authorities. The complainant requested that the excess amount received by the Society be refunded. The matter was taken up with the Agency concerned i.e., Secretary Revenue Employees Cooperative Housing Society, Rawalpindi which agreed to refund the excess amount and handed over a crossed cheque No. 862831 dated 29.12.2003 for Rs.2,40,000/- to the complainant in this Office on 24.1.2004. The Agency further assured that the complainant would be considered for allotment of one kanal plot against the remaining funds as soon as the area, under litigation became available. The problem of the complainant was thus solved through the intervention of this Office. REFUND OF DEPOSIT CLAIM Complaint No: 556/2004-Adv-II-50/2004
Zafar Iqbal filed a complaint stating therein that he had deposited all his savings with Services Cooperative Credit Corporation but only an amount of Rs.25000/- had been paid to him and Rs.70,000/- were still outstanding against Punjab Cooperative Board for
Liquidation. The Board had failed to arrange payment of his dues despite the fact that the relevant papers were delivered to the Board officials. He has requested that his balance amounting to Rs.74000/- be paid to him. Secretary Punjab Cooperative Board for Liquidation filed a reply informing that the cheque of the complainant has been prepared and subsequently it was intimated that the cheque amounting to Rs.28,768/- was paid to the complainant. The complainant confirmed it in his rejoinder. The grievance of the complainant was thus redressed to the extent of 50% of the total amount deposited with the defunct Corporation as per Govt. policy with the intervention of this Office. REQUEST FOR PAYMENT OF AMOUNT FROM PUNJAB COOPERATIVE BOARD FOR LIQUIDATION Complaint No: 3992-5/04- A.S -96/04
Mr. Qurban Ali Butt in his complaint dated 29.5.2004, stated that he deposited an amount of Rs.1,11,000/- in 1990 in the Kisan Cooperative Commercial Corporation, Rasool Nagar Branch, District Gujranwala, which had not been paid to him. On approaching the PCBL, he was informed that intimation would be sent to him about the date on which he would .receive cheque for the amount decided in the payment policy. He contacted the PCBL many times but could not succeed in getting the cheque for the requisite amount. He being a poor/ex-military man had to arrange marriage of his three daughters and for want of money, he was facing great difficulties. The complainant requested for issuance of instructions to the Agency so that he could get the requisite amount from the PCBL. On the intervention of this Office, the Agency reported on 12.10.2004 that the complainant had received cheque No.5613862 for Rs.46,341/- on 11.10.2004. As the grievance of the complainant stood redressed, his complaint was disposed of having borne fruit.
DEVELOPMENT WORK Complaint No: 910/04 D-IV-77/04 Complainant Saleh Muhammad Ijaz resident of Gulshen Colony, Silanwali District Sargodha stated in his complaint dated 9.2.2004 that road starting from Noori Gate Sargodha which is connected with Silanwali Road, required lot of repair. Residents of the area approached the District Nazim Sargodha for its repair but no action had been taken. It was requested that District Government Sargodha be directed to repair the said road. Tehsil Municipal Officer, TMA Sargodha reported on 7.9.2004 that construction of the road in question started in June, 2004, had been completed. Grievance of the complainant thereby stood redressed on the intervention of this Office. DELIVERY OF COPIES Complaint No:8470/2003-Adv-II-518/2003 Haji Shahid Mehmood filed a complaint dated 14.10.2003 accusing staff of Sub Registrar City, Lahore of refusing to provide him copies of registered sale deeds on the pretext that particulars of documents were incorrect. Sub Registrar Data Gunj Bakhsh Town Lahore reported on 2.12.2003 that particulars of two documents were correct and certified copies had been delivered to the complainant but the other two documents remained untraced because of incorrect particulars. During investigation, it was found that Sub Registrar office took very long time to provide copies even in those cases where particulars were correct. The Sub Registrar was therefore directed to fix responsibility for causing delay in providing copies of registered deed whose particulars were correct and take action against the delinquents to ensure that the work of the Sub Registrar is streamlined for the benefit of general public. The following directions were also issued. i. time should be fixed within which a copy of document will be provided to an applicant and it should be prominently displayed in his office.
instructions be issued to the Staff for not returning applications with unnecessary objections and where the particulars are factually incorrect, the missing details be clearly mentioned on the application while returning it.
iii. a sufficiently senior and well-reputed official be designated to guide the applicants for resubmitting the application after removing the objections. Sub Registrar, Data Gunj Bakhsh Town, Lahore submitted compliance report on 9.10.2004 intimating that all the recommendations have been implemented in his office. EMPLOYMENT AGAINST THE VACANCY OF HER HUSBAND WHO DIED DURING GOVT. SERVICE Complaint No:C-8178/2003-Adv-II-516/2003 Mst. Samina Jabeen in her complaint dated 8.10.2003 voiced a grievance that District Co-ordination Officer Lahore did not provide her job despite the fact that her husband had died while serving as Junior Clerk in the defunct office of Deputy Commissioner Lahore and she was entitled to get a job in place of her husband as provided under Rule 17-A of the Punjab Civil Servants (Appointment & Conditions of Service) Rules 1974. The Agency in their report dated 11.12.2003 did not deny the claim of the complainant but raised an objection that she was over-age by 7 years, one month and 11 days. This objection was over-ruled because through an amendment in the Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules 1976, “the appointing authority was empowered to relax upper age limit upto the maximum period of 10 years to a family member of the deceased Govt. servant who dies during the Govt Service”. DCO Lahore was therefore directed on 14.7.2004 to appoint the complainant against a post in BS-1 to 5 for which she was suitable after granting the requisite relaxation in upper age limit. DCO Lahore submitted implementation report dated 27.8.2004 intimating that the complainant had been recruited as a peon. Thus, the grievance of a widow was redressed on the intervention of this Office.
PAYMENT OF ARREARS Complaint No: 6790/03 D-IV-398/03
Complainant Fazal Karim stated that he retired on 27.7.1993 on attaining age of superannuation from the Fire Brigade Department of ex-MCL. He stated that
Government of Punjab, LG&RD Department decided to adopt the Revision of Pay Scales and Fringe Benefits issued by the Government of Punjab vide letter No.FD-PC-2-2/94 dated 18th July, 1994 for the employees of local councils w.e.f 1.6.1994. He alleged that the agency had not paid his arrears on the basis of revised pay scales. He moved many applications to the concerned authorities, but no action was taken. He had prayed that order be passed for payment of his arrears. Fire Officer, City District Government Lahore reported that arrears after revision of the pension had been paid to the complainant vide cheque No.1173767 dated 30.8.2004 amounting to Rs.28,078/. Complainant had also submitted an application and stated therein that he had received his arrears amounting to Rs.28,078/-. Grievance stood redressed by the intervention of this Office.
EXEMPTION FROM PENAL RENT Complaint No:10382/2003-Adv-II-643/2003 Khilafat Hussain Chowkidar of DCO Office Okara filed a complaint dated 26.12.2003 to the effect that House Allotment Committee of Okara District had allotted him quarter No. 3/F subject to vacation but its possession was not delivered to him. Bashir Masih Gill, SI Police kept occupying it despite his efforts to get its possession. Later, DCO passed an order that penal rent be recovered from the complainant. He filed many applications for denovo inquiry and for recovering the penal rent from the SI but none of the officials listened to his genuine request. Through complaint to the Ombudsman he requested for redressal of his grievance. DCO Okara in his report dated 09.02.2004 conceded that the quarter which was allotted to the complainant remained in occupation of Bashir Masih Gill, SI. He was initially directed to pay the penal rent but he (the SI) claimed that he had been paying monthly rent to the complainant. The matter was entrusted to Zulfiqar Ali Bhatti Deputy District Officer (Revenue) to enquire into it. In the light of his report, the order requiring the SI to pay the penal rent was withdrawn and the complainant was held liable for paying the penal rent. During investigation by this Office, it was observed that the quarter was allotted to the complainant subject to vacation and since the SI did not vacate it, the allotment order was never acted upon. The SI was held liable for the payment of penal rent. However, the DCO withdrew the order imposing penal rent on the SI, on DDO (R) inquiry report. It was amazing that despite the denial of the complainant and in the
absence of any documentary or even oral evidence in favour of the SI, the inquiry officer reported that payment of Rs.500/- as monthly rent by the SI to the Chowkidar (the complainant) was proved and more surprising was the decision of the DCO holding the complainant liable for payment of penal rent. Ignoring the legal opinion of EDO (Law) and DAO, he decided to deduct penal rent from the salary of a poor Chowkidar. This was a glaring case of maladministration. Findings were communicated to DCO Okara with the directions that the order directing the complainant to pay the penal rent be immediately withdrawn and the entire amount so far deducted from his salary be refunded to him. Penal rent be recovered from the unlawful occupant and the official residence, if not already vacated, be got vacated from him. It was also directed that in case the quarter was still available for allotment, the same be allotted to the complainant. The Agency/DCO reported that directions had been implemented. Thus the grievance of a low paid Chowkidar was redressed on the intervention of this Office.
PAYMENT OF TA BILLS Complaint No:5919/2003-Adv-II-216/2003 Complainant Zia-ul-Haq, a retired Senior District Cooperative Officer, Faisalabad submitted a complaint on 21.7.2003 that he was aggrieved on account of maladministration committed by Mr. Abdul Basit Sohail, ex-Executive District Officer (Community Development) Faisalabad, he on his posting at Faisalabad, illegally took away the official vehicle of the complainant to his residence, after breaking open the garage and car lock. This incident was brought to the notice of the Secretary Cooperatives, Government of the Punjab, Lahore. On his directions FIR was lodged with the local police. Mr. Abdul Basit Suhail retaliated and kept T.A. bills of the complainant pending until the bills were time barred. A complaint was filed. The matter was taken up with the Agency on 22.7.2003. The Agency on initiation of proceedings by this Office reported on 5.11.2003, that the impugned TA bills of the complainant was sanctioned/paid. The complaint was thus disposed of as fructified.
PAYMENT OF SALARY FOR THE PERIOD FROM 1.3.2002 TO 20.1.2003 Complaint No: 8006/03/ADV-I-323/03 Mst. Tehzila Naheed filed a complaint on 29.9.2003 alleging that while working as SST in Government Girls High School, Rahwali, she was got transferred on 3.8.2001 from Elementary Wing to Secondary Wing by Abid Zaheer Dar, the driver of E.D.O.(Edu.), Gujranwala who was inimical to her. He also got her salary stopped. She challenged the order of her transfer before the Punjab Service Tribunal. E.D.O(Education), Gujranwala on direction of the Tribunal transferred and adjusted her in a school near her house on 14.1.2003 where she joined duty on 21.1.2003 and started getting her pay since then. The complainant applied for payment of her previous salary for the period from 1.3.2002 to 20.1.2003 but the concerned authorities did not pay her the due arrears. The complainant requested for a direction to the respondent agency for the payment of outstanding salaries. District Officer (SE) (Education), Gujranwala reported on 18.6.2004 that the complainant lady teacher on her transfer from Elementary Wing to Secondary Wing was relieved from Govt. Girls Elementary School, Mandiala Warriach on 3.8.2001 but she did not move to next place of posting. She therefore, had no right to receive salary for the disputed period from 3.8.2001 to 20.1.2003. However, an inquiry was being conducted against her and the arrears of salary if found admissible would be released. EDO(Education) Gujranwala vide his final report dated 8.11.2004 intimated that the complainant Mst. Tehzila Naheed had been paid her previous salary. EDO also presented acknowledgement from the complainant regarding receipt of the requisite arrears. Thus, the grievance of the complainant was redressed on the intervention of this Office.
PAYMENT OF SCHOLARSHIP Complaint No: 817/03/C.VI-62/03/ADV-I Mr. Liaqat Ali s/o Muhammad Saleem filed a complaint on 4.2.2003 alleging that he appeared in the Middle Standard Examination under roll No. 9460 in 1998 and secured 695 marks. He was accordingly held entitled for scholarship. He submitted application on prescribed form for the grant of scholarship but the same had not been paid to him. He requested for a direction to be issued to the respondent agency for making payment of his scholarship.
The matter was taken up with the respondent agency on 18.2.2003. Executive District Officer (Education), Jhang reported on 10.4.2003 that due to non availability of funds for scholarship, the same could not be paid earlier. Latter the District Government provided the requisite funds and payment of scholarship made to the complainant through the Senior Headmaster, Government High School, Shorkot City, District Jhang. The grievance of the complainant was redressed by the respondent agency on the intervention of this Office.
GRANT OF SCHOLARSHIP. Complaint No: 99/04/C.VI-07/04
Complainant Mr. Muhammad Afzal Buzdar filed complaint on 5.1.2004 alleging therein that his daughter Shaista Afzal passed her F.A. Examination from Government College for Women, Mianwali getting 790 marks during the session 2002. District Education Officer (Colleges), Mianwali had granted scholarships to the girls who secured marks from 713 or above but his daughter had been deprived of the same. The complainant prayed that direction be issued to the respondent agency for granting scholarship to his daughter. After getting supporting documents from the complainant, matter was taken up with the respondent agency on 21.2.2004. D.E.O(Colleges), Mianwali reported on 17.3.2004 that as the complainant’s daughter did not apply for special scholarship in time, therefore, she was not granted the same. However, afterwards, applications for merit scholarship were invited from the students and complainant’s daughter had been sanctioned scholarship amounting to Rs.2700/- vide office order No. 2296-99 dated 21.4.2003. Thus, the grievance of the complainant was redressed by the respondent agency on the intervention of this Office.
PROFORMA PROMOTION IN BS-17 Complaint No: 4812/2003 D-III-312/2003.
Iftikhar Ahmad Tarar, S.S.T. Govt. Pilot Secondary School, Phalia, Mandi Bahauddin lodged a complaint on 10.5.2003, that he was working as SST, in the Education Department and was allowed promotion in grade 17 w.e.f. 15.4.2003. The complainant alleged that as per seniority list, he had to be promoted by the agency, during the year 2001. He brought the matter to the notice of the higher authorities but to no avail. Hence he sought intervention of the Ombudsman.
The matter was taken up with agency on 13.5.2003 and pursued. Secretary to Government of the Punjab, Education Department vide his orders dated 1.1.2004, granted proforma promotion to the complainant in BS-17 w.e.f. 16.9.2000. The grievance of the complainant was, thus, got redressed.
ANNUAL CONFIDENTIAL REPORTS Complaint No: 6755/2003/C.V.155/2003
Muhammad Suleman Khan SST lodged this complaint on 20.8.2003 stating that his Ex-Headmaster Mohammad Yasin had not written his ACRs despite repeated requests as a result of which he could not be considered for selection grade i.e. BS-17. He approached EDO (Education) Pakpattan for the purpose who directed the said Headmaster to initiate his ACRs but in vain. The complainant prayed that strict legal action be taken against the Headmaster and his ACRs, be got written from him so that selection grade could be awarded to the complainant. After getting supporting documents from the complainant, notice was issued to the agency on 8.10.2003 for report. While the case was under investigation, Mr. Farooq Ahmad Bhatti, Superintendent, representative of EDO (Education) Pakpattan stated on 17.6.2004 that ACRs of the complainant had been got written. The grievance of the complainant was thus got redressed by this Office.
GRANT OF INCENTIVE PACKAGE Complaints No: (1) 9850/03 (2) 1442/04 (3) 3826/04 (4) 340/04 (5) 343/04 (6) 5232/04.
(7) 338/04 (8) 341/04 (9) 342/04 (10) 1467/04 (11) 2145/04 (12) 339/04 (13) 1444/04 (14) 4386/04 (15) 1443/04 (16) 5150/04
The above mentioned sixteen complaints of identical nature were disposed of through single order. Muhammad Anwar and others lodged these complaints on different dates during 2003/2004 stating that they had been declared by the Education Department entitled to receive incentive honoraria for showing good results but their bills had not been passed by D.A.O Bahawalnagar. Therefore, they had not been able to receive the amounts of
incentive award whereas payment had been made in other districts. It was prayed that order be passed for the payment of honoraria to them. In response to notices issued by this Office, report was filed by the District Accounts Officer, Bahawalnagar stating that while pre-auditing the bills it was the duty of his office to see whether sanction had been issued by the competent authority under the proper head of account or not. Since the claims of the complainants were not submitted with the requisite sanction therefore, their bills were returned unpassed. Notice was issued to the D.C.O & EDO(F&P) Bahawalnagar. EDO (Education) Bahawalnagar submitted report stating that the requisite amount had been got released from D.C.O Bahawalnagar and bills amounting to Rs.8,67,562/- had been resubmitted to D.A.O Bahawalnagar. While the cases were under process, the representatives of District Accounts Officer and D.E.O(SE) Bahawalnagar appeared in this Office. They stated that the bills had been passed and cheques issued to the complainants. Accordingly, the grievances of the complainants were got redressed by this Office.
PAYMENT OF SCHOLARSHIP Complaint No: 28/2004/CV-2/04
Faheem Ahmad Yousuf lodged a complaint on 1.1.2004 stating that he appeared in Matriculation Examination under Roll No.3715 held by the Board of Intermediate and Secondary Education, Bahawalpur in 2001. He passed the said examination securing 712 marks and got admission in Forman Christian College, Lahore. DEO(Colleges) Bahawalnagar awarded resident scholarship to him. He informed the Principal, Forman Christian Colleges, Lahore and also released the funds. The said amount however, was not paid to him by the Principal of the college despite repeated requests. The complainant requested that the requisite amount of scholarship be paid to him. After getting supporting documents from the complainant, notice was issued to the agency on 5.3.2004. EDO(Education) Bahawalnagar and DEO Colleges in their report dated 26.3.2004 stated that it was correct that the complainant was awarded internal merit scholarship for the period from 1.5.2001 to 30.4.2003 and the requisite information was sent to F. C. College in time. Funds were also provided by DEO(Colleges) Bahawalnagar vide letter dated 9.5.2002 and 16.1.2003 but the Principal did not make the payment. Principal, F. C. College in his reply dated 20.4.2004 stated
that scholarship bill of the complainant had already been sent to DEO(Colleges) passed by D.A.O Bahawalnagar, and would be paid to the complainant. While the case was under process, Faheem Ahmad Yousuf complainant stated on 26.5.2004 that he had received cheque No.899362 dated 12.6.2004 amounting to Rs.7,920/- on account of scholarship from the representative of DEO(Colleges) Bahawalnagar and his grievance had been redressed.
RETIREMENT FROM SERVICE Complaint No: 1964/04 CR 259/04
Mr. Qurban Hussain, Lab. Attendant, Govt. College of Education for Science Township, Lahore alleged on 15.3.2004 that the Principal of the College had rejected his request for retirement twice in spite of the fact that he had completed 25 years qualifying service for pension and had submitted his request for retirement strictly observing the period of 3 months notice as required under the Pension Rules. He also stated that he was entitled to opt for retirement under the Pension Rules. The matter was taken up on 17.3.2004 with the Principal of the College who issued complainant's retirement order dated 12.4.2004. Thus through the intervention of this Office, grievance of a subordinate Government servant was got redressed. However, the Ombudsman Punjab took a serious notice of the fact that under the Pension Rules, the Principal had no right to refuse or delay the opted retirement of his subordinate official as he had made that request strictly according to the Pension Rules and it was unfair on the part of authority to sit over the genuine rights of the subordinates without any cogent reason. Secretary Education, Govt. of the Punjab was, therefore, directed on 4.10.2004 to take cognizance of this unreasonable act of the Principal and reprimand him suitably. Necessary instructions to all concerned were required be issued impressing upon them for timely disposal of such cases to avoid hardship to the government servants.
DELAY IN GRANT OF FAMILY PENSION Complaint No: 7380/03/C.VI-273/ADV-I Mst. Matloob Jan wife of Muhammad Sabir initially submitted her complaint on 20.8.2003 to the Wafaqi Mohtasib Secretariat, Islamabad against delay in grant of family pension to her by the Education Department. Her petition was sent to this office on 9.9.2003 being a provincial subject.
Mst. Matloob Jan had alleged in her complaint that her case for grant of family pension had been delayed by the Education Department unnecessarily. She requested that the Deputy District Education Officer (M), Kahauta District Rawalpindi be directed to grant her family pension without any further delay. The matter was still under process when the complainant intimated in writing that through the intervention of this office her grievance had been redressed by the respondent agency.
REIMBURSEMENT OF MEDICAL CHARGES Complaint No: 1863/2003-181/2003(C-I)
Haji Jan Muhammad, retired teacher, in his complaint dated 26.3.2003, alleged that he had submitted two bills for reimbursement of medical charges amounting to Rs.1135/- and Rs.1634/- to D.P.I(SE), Punjab through EDO (Education), Attock, but the same had not been paid to him. He requested for redressal of his grievance and further suggested that EDOs(Education) should be empowered to accord such sanction to avoid delay in reimbursement of medical charges. The matter was taken up with the agency on 19.4.2003. Secretary to Government of the Punjab, Education Department vide his letter No.SO(S-III)3-94/04 dated 23.6.2004 accorded necessary sanction for reimbursement of medical claims of the retired teacher amounting to Rs.2769/-. In addition EDOs (Education) in the Province, were also empowered to sanction reimbursement of medical charges in future. The grievance of the complainant was thus got redressed and a policy decision taken. AWARD OF SCHOLARSHIP Complaint No. 7622/2003/C.V-186/2003 Muhammad Haneef had stated that his daughter Nazia Kousar passed her F.A. Examination from district Bahawalnagar securing second position in Bahawalpur Board obtaining 834 marks but she was not awarded scholarship. He further stated that Mavash Akram Roll No.2735 secured 813 marks and she was awarded scholarship whereas Zarina Kousar got 818 marks but she was not awarded scholarship. EDO (Education) Bahawalpur stated in his report that both Mavash Akram and Zarina Kousar who had obtained 813 and 818 marks respectively were awarded internal
merit scholarship on the ground that they got admission in B.A. after passing their F.A. Examination. Whereas Nazia Kousar daughter of the complainant got admission in B.Sc and that is why internal scholarship was not granted to her. In this regard he relied upon Rule No.79 Note No.2 of the Punjab Education Code. During the investigation of the case it came to light that Nazia Kousar had taken up Mathematics, Economics and Arabic as her elective subjects in F.A. examination. In her third year class she understandably and logically took up Mathematics A&B and Statistics and this group with Mathematics A&B and Statistics is categorized as B.Sc. and it is only a matter of Semantics terminology. Ordinarily candidates passing F.A. examination with subjects which can be termed as pure arts subjects are not admitted to B.Sc classes whereas candidate passing F.Sc. with pure physical science subjects are eligible to get admission in B.A. classes. It was observed that if the regulations of the college/university permitted a candidate who has passed F.A. examination, admission in under graduate class with subjects which would lead to B.Sc. degree, his right to get scholarship should be protected. Secretary to Government of the Punjab, Education Department was therefore directed to take up review of para 79.2 of Education Code mentioned above with a view to remove the perverseness and unreasonableness which is evident in its present form so that the daughter of the complainant be also granted scholarship on the basis of her performance in F.A. examination. With the proposed amendment in the Education Code, hardship being faced by the students who despite getting higher marks are deprived of their genuine right of scholarship on technical ground will be alleviated.
EXCISE & TAXATION DEPARTMENT
CHANGING OF OWNERSHIP OF PROPERTY IN PT-I Complaint No:10461/2003-Adv-II-632/2003 Dilawar Khan filed a complaint dated 27.12.2003 stating that he had purchased a house (property No. N-VI-62-S-45A) in 1991 and his name had been entered in PT-1 Register of Excise and Taxation Department. He paid the property tax regularly. His brother Mumtaz Khan in collusion with the Inspector of the Department got the house transferred in his (Mumtaz Khan’s) name. The complainant approached the department and submitted applications but concerned officials did not grant him relief. He requested that orders be passed for retaining the house in his name. The matter was taken up with the Agency on 29.1.2004. Excise & Taxation Officer Zone-11 Lahore filed a report dated 6.4.2004 stating that on the application of one Mumtaz Khan, who claimed the ownership of the house on the basis of an “agreement of purchase”, correction was made and his name was entered in the record. However, when the complainant challenged this entry, of both the parties were heard and documentary evidence of ownership was demanded. Since none had a registered document of ownership in his favour, they were directed to approach civil court for seeking a decision regarding the title of the house. In his second report dated 6.10.2004, Excise & Taxation Officer, Zone-11 Lahore intimated that the order whereby Mumtaz Khan’s name was entered in PT-I had been withdrawn and status quo in respect of the property was maintained. The grievance of the complainant was, thus, redressed on the intervention of this Office. However, it was established that in disregard of the prevailing practice and law of natural justice, the record was changed arbitrarily to favour Mumtaz Khan which amounted to maladministration warranting intervention of this Office. This finding was communicated to Director, Excise & Taxation Region ‘A’ Lahore with the following directions: i. should hold an enquiry to fix responsibility as to who changed the record arbitrarily and in disregard of the prevailing practice and law of natural justice. ii. should initiate departmental action against the delinquent officials under intimation to this Office.
In compliance, Director Excise & Taxation Region ‘A’ Lahore informed that the concerned Inspector Excise & Taxation Department had been charge sheeted for misconduct. Thus, accountability process had been initiated in the department.
EXCESSIVE PROPERTY TAX Complaint No:C-9958/2003-Adv-II-601/2003 Fazal Muhammad in his complaint dated 11.12.2003, spelt out a grievance that Excise & Taxation Department had imposed excessive property tax on his 7 marla house. The matter was taken up with the Agency on 12.12.2003. In their report dated 2.1.2004, the Agency contested the complaint and contended that the property included three shops, two of which had been rented out. It was observed that the property tax of the complainant for the years 2001-2002 was Rs.2,318/- which was raised to Rs.12,272/in the subsequent year. The Agency’s explanation was found unconvincing and a direction was issued to District Officer Revenue (Excise & Taxation) Region-A, Lahore to dispose of the complainant’s appeal within one month and to reassess the tax after making an accurate measurement of the property. The unusual rise in property tax was to be explained and an enquiry held against the Inspector who was alleged to have demanded bribe from the complainant. The Agency filed an implementation report that the property tax of the complainant had been reassessed about which the complainant was satisfied. The grievance of the complainant was thus redressed on the intervention of this Office.
PAYMENT OF GROUP INSURANCE Complaint No: 195/04/C.VI-06/04
Mst. Naseem Akhtar widow of Abdul Majeed Attendant filed complaint on 8.1.2004 requesting for payment of Group Insurance amount of her deceased husband, an employee of Punjab Institute of Mental Health, Lahore, who had died on 20.11.2002. The matter was taken up with the Medical Superintendent Punjab Institute of Mental Health, Lahore on 21.1.2004. He reported on 29.4.2004 that on taking up the matter with State Life Insurance Corporation of Pakistan, Lahore, cheques of Group Insurance amount had been procured and delivered to the complainant. The complainant also admitted receipt of cheques. Thus, the grievance of the complainant was redressed by the respondent agency on the intervention of this office.
LOSS OF SERVICE BOOK. Complaint No:1536/03/C.VI-111/03/ADV-I Mst. Najma Naheed Siddique, Nurse Dai of BHU Ladhekey, Tehsil Ferozewala, District Sheikhupura filed a complaint on 15.3.2003 alleging that her service book had been lost in the office of District Officer (Health), Sheikhupura. She requested that a direction be issued to the respondent agency to trace out her original Service Book or to prepare a duplicate Service Book so that she may get her moveover. As the complainant had not submitted the supporting documents alongwith her complaint, she was asked to submit the same. Her husband submitted the requisite documents on 16.4.2003. The matter thereafter was taken up with the respondent agency on 16.4.2003. The Executive District Officer (Health), Sheikhupura issued necessary sanction for preparation of duplicate Service Book of the complainant on 21.7.2003. Duplicate service book of the complainant was prepared and she was informed to collect the same. Thus, the grievance of the complainant was got redressed.
PAYMENT OF OUTSTANDING AMOUNT OF RS.20,490/Complaint No: 1998/04/ADV-I-70/04
Mr. Tayyab Saleem Proprietor, Sameer Enterprises, Lahore filed complaint on 17.3.2004 alleging that goods amounting to Rs.20,490 were supplied to the Project
Director, Children Hospital, Lahore vide supply order No. 3852/PH&I dated 6.4.2002 but payment had not been made to him despite repeated requests. The matter was taken up with the Project Director, Children Hospital, Lahore. He reported vide his letter dated 21.4.2004 that supplies and bill were submitted by the firm on 29.6.2004. Since the bill was submitted on the last day of financial year, the payment could not be made in the year 2001-2002. In his subsequent letter dated 12.7.2004, the Project Director intimated that payment of the bill amounting to Rs.18,982/- after deduction of 2% delayed delivery charges as per rules had been made to the complainant against receipt No.891 dated 30.6.2004. The complainant also admitted receipt of the payment. Thus, the grievance of the complainant was redressed by the respondent agency on the intervention of this office.
PAYMENT OF PENSION ETC. Complaint No:4726/03/C.VI-456/03/ADV-I Complainant Mr. Muhammad Sharif, (retired) Chowkidar filed a complaint on 6.6.2003 stating that he had retired from service but the department had not paid him pension and other dues. The complainant prayed that a direction be issued to the respondent agency for sanction of pension and payment of the arrears. The matter was taken up with the respondent agency on 19.7.2003. Executive District Officer (Health), Pakpattan deputed Dr. Muhammad Anwar Admn. Officer of his office to hold an inquiry into the matter. It revealed that as per entry in the service book of the complainant, his date of birth had been entered as 2.1.1935 and as such he had to superannuate/retire on 1.1.1995. The complainant over stayed in service from January 1995 to June 2002. Therefore, his pension case could not be finalized. The matter was further pursued with the agency and a joint hearing of the parties was held in this Office on 17.2.2004. The complainant admitted that his pension had been sanctioned by the agency. He started getting Rs.655/- as pension per month and had also been paid gratuity amounting to Rs.40,000/-. The grievance of the complainant was thus got redressed.
ISSUANCE OF LAST PAY CERTIFICATE. Complaint No: 147/04/C.VI-05/04/ADV-I
Complainant Mst. Razia Begum, Staff Nurse filed complaint on 7.1.2004 that she was transferred from Punjab Institute of Mental Health, Lahore to Lady Willington Hospital, Lahore where she joined duty on 1.9.2001. She had not been paid her salary for
the last about 28 months. She requested that direction be issued to M.S. Punjab Institute of Mental Health, Lahore to issue her last pay certificate after making payment of her 21 days salary so that she could get her salary from Lady Willington Hospital, Lahore. w.e.f. 1.9.2001. The matter was taken up with the respondent agency. Executive Director Punjab Institute of Mental Health Lahore reported that the requisite last pay certificate could not be issued to the complainant because she had submitted her service book without first part and L.P.C from Services Hospital Lahore from where she was transferred to the Punjab Institute of Mental Health Lahore. On pursuance from this office the service book of the complainant was got completed/verified and L.P.C was also issued alongwith releasing 21 days pay. Mr. Zamair Haider, the complainant’s husband while appearing in this Office on 31.8.2004 intimated that the complainant had received all the arrears of pay and monthly pay was being regularly paid to her. Thus, the grievance of the complainant was redressed by the respondent agency on the intervention of this Office. ISSUANCE OF DISPENSER ENROLMENT AND LABORATORY ASSISTANT CERTIFICATE Complaint No:5980/03/C.VI-196/03/ADV-I Complainant Muhammad Zubair Tahir contended in his complaint dated 19.7.2003 that he passed his Dispenser Class and Laboratory Assistant Courses in April 2000 but he had not been issued his Dispenser Enrolment and Laboratory Assistant Certificates by the Punjab Medical Faculty without any reason. The matter was taken up with the Secretary Punjab Medical Faculty, Lahore on 24.7.2003. The Registrar of Punjab Medical Faculty vide his letter No.11602/PMF dated 15.10.2003 intimated that the certificate of Dispenser and certificate of Laboratory Assistant of the complainant had been dispatched to him vide No.11167 dated 7.10.2003. A copy of acknowledgement receipt of the complainant was also sent to this office. Thus the grievance of the complainant was got redressed by this office.
UPGRADATION OF POST OF MEDICAL SUPDT. GOVT. T. B. SANITARIUM SAMLI, MURREE, RAWALPINDI TO BS-20 Complaint No:8284/03/C.VI-341/03/ADV-I Muhammad Afzal Sajid and other residents of Gulshanabad, Adyala Road Rawalpindi filed a complaint on 9.10.2003 stating that Government T.B. Sanitarium Samli had been working under the direct control of Director General, Health Services, Punjab, Lahore. People from far flung areas of Punjab came there for treatment. The said Sanitarium had a sanctioned strength of 360 beds. The Government of the Punjab Health Department in the year 1995 upgraded the posts of Medical Superintendents of Divisional Headquarters Hospitals and District Headquarters Hospitals having bed strength of 250, to BS-20. But post of Medical Superintendent of T.B. Sanitarium had not been upgraded to BS-20 although its beds strength was 360. It was requested that direction be issued to the Government for upgrading the post of Medical Superintendent of Govt. T. B. Sanitarium Samli from BS-19 to BS-20 for proper functioning of the said sanitarium. The matter was taken up with the respondent agency on 20.10.2003. The Health Department, reported on 27.10.2004 that on receipt of sanction from the Finance Department post of M.S. had been upgraded from BS-19 to BS-20. Thus, the grievance of the complainants was redressed by the respondent agency on the intervention of this Office. APPOINTMENT UNDER RULE 17-A OF THE PUNJAB CIVIL SERVANTS (APPOINTMENT AND CONDITIONS OF SERVICE) RULES, 1974 Complaint No:901/03/C.VI-486/03/ADV-I Mr. Muhammad Imran Khan lodged complaint that his father retired from Health Department in Mianwali District, as Dispenser, on invalidation grounds but the Executive District Officer (Health), Mianwali had not given him job of Junior Clerk under rule 17A of the Rules. The matter was taken up with the respondent agency. Executive District Officer (Health), Mianwali provided a copy of his office order No. MWI/EDOH/2003/1260-64/C dated 27.01.2004 whereby the complainant had been appointed as Junior Clerk at Tehsil Headquarters Hospital Isa Khel. Thus, the grievance of the complainant was redressed by the respondent agency on the intervention of this Office.
PAYMENT FOR SUPPLY OF ULTRASOUND MACHINE Complaint No:7681/03/C.VI-291/03/ADV-I M/s Medequips, filed a complaint on 20.9.2003 that E.D.O.(Health), Lahore invited tenders through Daily Khabrain dated 11.3.2002 for supply of Ultrasound Machine for Government Maternity Hospital, Lahore. They submitted tender which was accepted and supply order No. 6744/P&D dated 13.11.2002 was issued to them by E.D.O(Health), Lahore. The firm supplied Ultrasound Machine on 26.11.2002 through delivery challan No.11862. They submitted bill No. 10477 dated 27.11.2002 to E.D.O(Health), Lahore but instead of making payment of the bill, he illegally cancelled the supply order. The complainant firm requested that E.D.O(Health), Lahore be directed to make payment for the Ultrasound Machine supplied by them. The matter was taken up with the Executive District Officer(Health), Lahore who reported that payment was not made for the reason that the Ultrasound Machine supplied was not of the prescribed frequency. The complainant firm subsequently supplied the Ultrasound Machine of the prescribed frequency on which payment amounting to Rs.605,000/- was made to the firm vide cheque No.526828 dated 30.6.2004. The representative of EDO (Health), Lahore produced acknowledgement of the firm dated 9.7.2004 regarding receipt of the said cheque. SIGNING OF PAY BILLS AND PAYMENT OF SALARY Complaint No:9638/03/C.VI-489/03/ADV-I Dr. Nisar Ahmad Cheema, Medical Superintendent, DHQ, Hospital, Gujranwala complained on 22.11.2003 that the Principal Allied Hospital, Rawalpindi had refused to sign his pay bills resulting in non payment of salary to him for the period from 22nd February to 21st July, 2003. The Principal, Allied Hospital, Rawalpindi through an interim order on 22.11.2003, was directed to sign the pay bills of the complainant for the aforementioned period and make immediate arrangement for payment of salary and submit a compliance report. The agency paid the requisite salary to the complainant. It was further reported that the issue of imposition of penalty on the complainant had also been settled. The grievance of the complainant was, thus, redressed by the respondent agency through the intervention of this office.
ACTION AGAINST MUHAMMAD SHEBAN DISPENSER RHC PHOOLNAGAR (BHAI PHERO) Complaint No:9900/03/C.VI-510/03/ADV-I Mr. Muhammad Iftikhar filed a complaint on 9.12.2003 stating that his father was brought to Rural Health Centre Phoolnagar by police on 1.11.2003 for getting his Medico Legal Certificate. Mr. Muhammad Shaban, Dispenser demanded Rs.10,000/- as illegal gratification for issuing medico legal certificate. However, the matter was settled at Rs.5,500/- He paid Rs.1500/- to the Dispenser at the spot whereas Rs.3000/- were paid to him next day in the morning and Rs.1000/- in the evening. He issued the Medico Legal Certificate for fracture of his finger. He kept his father admitted at the Rural Health Centre and continued to delay the matter of his Medico Legal Certificate. They then contacted Dr. Afzal Bashir who referred his father to DHQ Hospital, Kasur where the doctor issued Medico Legal Certificate of his father showing fracture of his three ribs. It was requested that action be taken against Mr. Muhammad Shaban for taking illegal gratification of Rs.5500/- from him. E.D.O.(Health), Kasur reported on 20.3.2004 that charge of taking illegal gratification had been proved against Mr. Muhammad Shaban, Dispenser and that he had been awarded a major penalty of dismissal from service vide his office order No. 1380914310/EDO(H), dated 27.11.2004 was imposed upon him. Thus, action on the complaint was taken by the respondent agency on the intervention of this Office. ACTION AGAINST DR. SOHAIL, DR. TARIQ, DR. ARIF, DR. MUSHTAQ AND DR. NIAZ PARVAIZ. Complaint No.9530/03/C.VI-447/03/ADV-I Mr. Hayat Ali alias Bhola filed complaint on 17.11.2003 stating therein that he took his young son Muhammad Farooq, who was suffering from appendix pain to Nishtar Hospital, Multan at about 10.00 a.m. on 9.9.2003. The doctor on duty did not attend him immediately. He was operated by Dr. Sohail very late in the evening. His son was discharged on 17.9.2003 although he was still feeling acute pain. He was readmitted in the hospital on 19.9.2003. He was again operated by Dr. Tariq, Registrar but his condition became more serious. Third operation was done by Dr. Mushtaq but instead of relief puss started coming out from the place of operation. Fourth operation was done by Dr. Niaz Parvez but the condition of his son further deteriorated and he expired on 25.10.2003.
Medical Superintendent, Nishtar Hospital, Multan reported that two enquires were conducted in the matter complained against, one by Prof. Dr. Riaz Ahmad Shahbaz, Head of Surgery Department, Nishtar College, Multan and the other by District Officer (Revenue), Multan. In both the enquires no negligence on the part of doctors was proved. After investigation it was noted by the Ombudsman that the District Officer (Revenue) could not have been expected to identify the negligence and give findings on technical issues. It was regrettably noted that report submitted by Prof. Dr. Riaz Ahmed Shahbaz was also a narration of history of the case from the admission to death of the patient with unreasoned conclusion of no evidence of negligence. It was observed that ‘maladministration’ in this case stood established from the fact that the condition of the patient was not viewed seriously particularly at the time when he was first operated and when he was discharged from the hospital although he was complaining of severe paini. Every time a new doctor carried out the operation. Secretary to Government of the Punjab. Health Department, Lahore was, thus, directed to constitute an Enquiry Committee of two Professors to enquire on the following points:i) the patient attended to and given required immediate assistance when he was admitted on 9.9.2003? ii) the discharge of the patient on 17.9.2003 proper and justified when he was complaining of acute pain? iii) the second operation have been inevitable, if the first one had been done after thorough investigation? iv) the second operation done properly and if so why the operation on 20.9.2003 became necessary? v) the breaking down of repair of first part of duodenum carried out on 17.10.2003 as pointed out by Prof. Riaz Ahmad Shahbaz, the result of carelessness? Secretary Health Department, Government of the Punjab submitted the report of the Enquiry Committee but the same was again not found satisfactory as the Enquiry Committee did not explain as to what type of complication the pain complained
suggested? Why did the operation not produce the desired results and why duodenum repair carried out during third operation also leaked? With these observations, case has been referred back to the Secretary Health to furnish reasoned findings as to whether any negligence on the part of doctors is established or otherwise.
IRRIGATION & POWER DEPARTMENT
INSTALLATION OF A NEW TRANSFORMER Complaint No:444/2003-POP/C-II-19/2003 Ashique Hussain S/O Ghaus Bakhsh, a landowner of Mauza Kalroo Tehsil and District Muzaffargarh lodged complaint on 20.1.2003 that transformer of SCARP Tubewell No.K.A.322 of the aforesaid village was stolen and the Tubewell was not in operation for the last about eight years. Several applications were submitted to the Executive Engineer SCARP Kot Addu for supply of a new transformer but of no avail. He then filed a complaint before Wafaqi Mohtasib (Ombudsman) who directed the SCARP Authorities to deposit Rs.75,000/- as cost of the transformer with WAPDA. The Executive Engineer SCARP Kot Addu did not deposit the cost of the transformer. Intervention of this Office was sought for redressal of the grievance. Executive Engineer Tubewell Operation Division Kot Addu in his reply submitted on 24.3.2003 stated that he had no funds for arranging a new transformer. He was advised to request the government to provide funds. He however, paid an amount of Rs.44,200/to WAPDA Authorities in June 2003 and moved a case to the government for providing balance amount of Rs.26,800/-. On receipt of funds, the balance amount of Rs.26,800/was also paid to WAPDA on 5.3.2004. The matter for providing a new transformer was then taken up with Deputy Manager MEPCO Division WAPDA Kot Addu. He appeared in this Office on 26.5.2004 he stated that a 50 KV transformer had been installed and connection of the tubewell had been restored. The grievance of the complainant was got redressed after more than 9 years of the time when the grievance arose.
SHORT SUPPLY OF CANAL WATER AT THE TAIL OF RAJBAH WAGWALA Complaint No:8775/2003-POP/C-II-458/2003 Ghulam Rasool Lamberdar lodged complaint on 24.10.2003 on behalf of landowners of Chak No.156/JB and Chak No.157/JB Tehsil and District Faisalabad. He had stated that the aforesaid Chaks were situated at the tail of Rajbah Wagwala where supply of canal water was short. They brought the situation to the notice of Executive
Engineer Faisalabad Canal Division in February 2003 who directed the Sub Divisional Officer and the Sub Engineer to ensure availability of authorized supply at the tail but they did not do it. The grievance was then brought to the notice of Superintending Engineer on 11.8.03 who also directed the Sub Engineer to ensure authorized discharge but with no result. The matter was also brought to the notice of Chief Engineer with the request that desilting of the Rajbah be got done but no action was taken on their application. It was stated that unless the broken outlets were repaired, supply of canal water at the tail was not likely to improve. The complainant prayed that direction be issued to Executive Engineer Faisalabad Division for desilting of the Rajbah and to make available authorized supply at the tail. In the report dated 10.5.2004 submitted by the Executive Engineer Faisalabad Canal Division it was intimated that desilting of the Rajab had been carried out and the canal was running full at tail. The complainant confirmed the availability of water in writing. The grievance of farmers of two villages was thus got redressed.
PAYMENT OF PENDING MEDICAL BILLS Complaint No: 7072/03/C-II-373/03
Abdul Samad retired Head Clerk, Khanpur Canal Division, Khanpur, District Rahimyar Khan lodged complaint on 29.8.2003 that he submitted bills to the Chief Engineer Irrigation Bahawalpur Zone for reimbursement of medical charges incurred on his own treatment and that of his wife. It was alleged that the Chief Engineer sent the bills to the Medical Superintendent Sheikh Zaid Hospital Rahimyar Khan for verification by a Medical Board. The complainant agitated that since each bill was of less than Rs.10,000/- verification was not required from the Medical Board under the existing rules/instructions. It was further alleged that the Chief Engineer had sent his case to the Medical Superintendent with malafide intention. Intervention of this Office, was sought by the complainant for redressal of his grievance. Chief Engineer Bahawalpur Zone, in his reply, dated 13.10.2003 admitted that medical charges reimbursement claims of the complainant were sent by him to the Medical Superintendent Sheikh Zaid Hospital Rahimyar Khan for verification by a Medical Board. He further required medical examination of the complainant and his wife by the Medical Board as the claims appeared to be doubtful. Four pending bills of the complainant amounting to Rs.27,990/- were however sanctioned. The matter was further pursued with the Chief Engineer for reimbursement of the remaining claims. The representative of the Agency while appearing in this office on
5.1.2004 intimated that all the previous pending bills of the complainant had been sanctioned and only two fresh bills were pending which would also be sanctioned after due scrutiny. The complainant admitted that he had received payment of four pending bills. He expressed his satisfaction on efforts made by this Office for redressal of his grievance.
REQUEST FOR GRANT OF FAMILY PENSION Complaint No:1744/2004-POP/C-II-127/2004 Mst. Kubra Begum lodged complaint before Wafaqi Mohtasib (Ombudsman) at Regional office Multan which was sent to this Office on 9.3.2004 vide letter dated 3.3.2004 as the grievance pertained to Irrigation & Power Department, Government of the Punjab. The complainant, Mst. Kubra Begum alleged that her husband who was Naib Qasid in the Office of Executive Engineer Irrigation SCARP Kot Adu expired about 14 years ago. She approached the department for payment of pensionary dues of her deceased husband but was told to obtain succession certificate first which she was able to get after a few years. She produced the same in the office but she was advised to supply the same through the court. She accordingly supplied the succession certificate through the court about five years back but the department did not pay her even a single penny. The complainant expressed apprehension that relevant papers might have been removed from the office by her step son who was Naib Qasid in the office of Sub Divisional Canal Officer. She sought intervention of this Office for redressal of her grievance. The matter was taken up with Executive Engineer and District Accounts Officer Muzaffargarh. Executive Engineer Tubewell Operation Division Kot Adu on 24.4.2004 reported that pension case of the complainant had already been sent by him to District Accounts Officer Muzaffargarh on 25.2.2004. District Accounts Officer Muzaffargarh vide his report dated 16.7.2004 informed that pension payment order had been issued vide PPO No.10258 dated 15.5.2004 and pensionary dues amounting to Rs.25,097/- had also been paid to the complainant on 25.5.2004. It took 14 years for a widow to get pensionary benefits of her deceased husband. After taking cognizance of the grievance on 9.3.2004, fourteen years old issue was resolved in two months.
DELAY IN THE SANCTION OF “WARABANDI” Complaint No:479/2004-POP/C-II-32/2004 Ghulam Jaffar, a landowner of Chak No.19/ML Tehsil Piplan District Mianwali whose lands were irrigated from outlet No.5054/L of Rajbah Ghulama lodged a complaint on 16.1.2004 on behalf of shareholders of the aforesaid outlet stating that case of “Warabandi” was pending with Sub Divisional Canal Officer Kundian for the last about one year. The complainant alleged that SDO through his Reader fixed hearing of case with gap of one month and it was being delayed. The SDO gave them a date to inspect the site but he did not turn up. Intervention of this Office was sought for redressal of the grievance. Matter was taken up with Executive Engineer Kala Bagh Canal Division Mianwali. In his report dated 26.5.2004 the Executive Engineer intimated that the Sub Divisional Canal Officer Kundian had sanctioned ‘Warabandi’ vide his order dated 13.4.2004 and it had been implemented w.e.f. 24.4.2004. The grievance of the complainant and land owners of the area was got redressed by this Office.
WRONG ASSESSMENT OF ABIYANA Complaint No:882/2003-POP/C-II-45/2003 Muhammad Hussain, a landowner of Mauza Araianwala/Mauza Khuda Bakhshwala lodged a complaint on 8.2.2003 against Manzoor Ahmed canal Patwari, Shakir Shah Ziladar and Deputy Collector Ahmadpur Canal Division stating that they had caused great financial loss to the government exchequer during Kharif 2001 as they with corrupt motive did not assess Abiyana intentionally against actually cultivated area. Moreover, Abiyana was not assessed according to the approved rates and entries of “Khatoni Nehr” were also tampered with. The complainant prayed that the respondent officials may be proceeded against under the law. Matter was taken up with the Executive Engineer/ Divisional Canal Officer Ahmadpur Canal Division on 17.2.2003. He got the matter inquired by Deputy Collector Ahmadpur Division. Patwari was found guilty in the inquiry. Penalty of stoppage of one annual increment without future effect was, therefore, imposed upon him by the Executive Engineer. It was further reported that a case for remission of Abiyana amounting to Rs.18246.96/- and for raising additional demand of Rs.46,380/- had been
prepared which would be incorporated in the “Khatoni Nehr” for Kharif-2003. The malpractice pointed out by the complainant was redressed by this Office. RESTORATION OF WATER COURSE Complaint No:4120/2003-POP/C-II-325/2003 Muhammad Ali and Mushtaq Ali landowners of Mauza Mangan Tehsil Shorkot District Jhang lodged complaint on 14.5.2003 stating that Shabrati son of Siraj Din in connivance with Ziladar had demolished the water course which supplied canal water to their land. Consequently their standing Rabi 2003 crop had been badly affected. They approached the concerned authorities in the matter but of no avail. The complainants requested for intervention and redressal of their grievance. Notice was issued to the Executive Engineer Jhang Canal Division on 19.8.2003 to submit report in the matter. Muhammad Ali the complainant appeared in this Office on 12-10-2004 and submitted in writing that water course had been restored by the Department and their land was being irrigated properly. Grievance of the complainants was redressed by restoring water course at site.
LABOUR & HUMAN RESOURCE DEPARTMENT
REQUEST FOR GRANT OF OCCUPANCY RIGHTS OF PLOT Complaint No: 9946/2003 C-III 2003. Nazeer Ahmad Khan in his complaint dated 10.12.2003 stated that on 20.7.1999 he participated in the auction of commercial plots in Labour Colony Sahiwal as a factory worker. He offered the highest bid i.e. Rs.201,000/- for commercial plot No.1 and after approval of the competent authority/Chairman Workers Welfare Board Punjab Lahore deposited the requisite amount as per direction of the Joint Director Labour, Multan in three installments i.e. Rs.67,000/- on 31.8.1999, Rs.1,05000/- on 12.11.1999 and remaining amount of Rs.24000/- on 30.11.1999. The complainant alleged that although payment of total amount of the plot had been made yet his case for grant of occupancy rights and delivery of possession has not been finalized even after lapse of 4/5 years. The matter was taken up with the agency concerned i.e., Secretary Punjab Workers Welfare Board, Lahore. The claim of the complainant for grant of occupancy right of commercial plot No.1, Labour Colony Sahiwal was conceded by the Agency. Accordingly, allotment letter dated 8.5.2004 and possession letter dated 15.05.2004 were issued to the complainant. The representative of the complainant admitted receipt of the said letters. Thus the grievance of the complainant was got redressed on the intervention of this Office.
LAHORE DEVELOPMENT AUTHORITY
REQUEST FOR PAYMENT OF INTEREST. Complaint No. 7465/03 DI-348/03 Haji Muneeb Tufail r/o House No. 4, Street No. 6, Tajpura, Shadbagh, Lahore contended in his complaint dated 15-09-2003 that he purchased plot No. 18, Block-E, Tajpura Scheme, Lahore in the auction held on 11-12-2002 paying Rs. 6700/- at the spot and the balance sale price of Rs. 2,76,900/- on 07-03-2003. It revealed subsequently that the plot had already been disposed of through auction to someone else and hence complainant was refunded Rs. 3,43,900/- on 10-09-2003. The complainant requested for the payment of interest to him at the rate of 17.5% and also for taking action in the matter. The matter was taken up with LDA, Lahore. It was reported by the Director Estate Management, LDA that the interest claimed by the complainant was not admissible as per terms and conditions of auction policy. After due investigation in the complaint, it was directed by the Ombudsman Punjab vide order dated 23.08.2004 that the Agency shall pay interest at the rate of 8% per annum to the complainant for the period the amount remained with it. Responsibility be fixed and action be taken against the delinquent officials for including an already auctioned plot in the auction schedule and for not taking timely steps to see if the possession could be delivered to the complainant. REQUEST FOR TRANSFER OF PLOT AS PER LDA POLICY OF AMICABLE SETTLEMENT BETWEEN CO-SHARERS. Complaint No. 1131/04 DI-153/04 Fazal Karim r/o 214-B, Muhammad Ali Jauhar Town, Lahore requested in his complaint dated 12.02.2004 that Mst. Sughran Bibi, his mother, owned plot No. 214-B, Muhammad Ali Jauhar Town Scheme, Lahore. On her death, the plot was transferred by
LDA on 17.12.2000 in the names of legal heirs i.e. Fazal Karim complainant (son), Munawar Javed (son) and three daughters. All the heirs had now given the plot to the complainant through oral gift. The complainant approached the LDA for transferring the plot in his name as per their policy of ‘Amicable Settlement Between Co-sharers’. As per the said policy, LDA was to transfer the plot free of transfer fee whereas he was asked to deposit an amount of Rs. 45,000/- as transfer fee for which challan form was also given to him. The matter was taken up with LDA who contended that the complainant’s case did not fall within the ambit of their policy titled ‘Amicable Settlement Between Cosharers’ as the other legal heirs were transferring/ surrendering their rights in favour of one legal heir without any consideration, compromise or settlement and that they had also amended their policy with effect from 16.08.2004. As a result of investigation made in this Office, it was found that the present case was fully covered by LDA policy of ‘Amicable Settlement Between Co-sharers’ promulgated in 1993. The policy did not envisage the existence of any consideration necessary for the transfer of the plot free of charges. Moreover, the LDA made amendment in their policy on 16.08.2004 whereas the complainant applied for the transfer of plot in his name on 31.05.2003. Amending the policy by LDA in August 2004 could not have been applied with retrospective effect. It was directed that Director Estate Management, LDA shall allow free transfer of the plot in the complainant’s name by 01.02.2005. It has been intimated by the Agency that they have made representation dated 16.02.2005 before the Governor Punjab against the order dated 27.12.2004 passed in the complaint.
LOCAL GOVERNMENT & RURAL DEVELOPMENT DEPARTMENT
PAYMENT OF SALARY Complaint No: 9358/03 D-IV-560/03 Complainant Muhammad Hafeez moved a complaint on 11.11.2003 stating that he was working as Accountant (LCS) in TMA Silanwali District Sargodha since 26.7.2002 when no confidence motion was moved against Tehsil Nazim and Naib Tehsil Nazim, TMA Silanwali on 11.1.2003. No confidence motion was passed with majority vote. The complainant prepared minutes of the proceedings of the no confidence motion due to which Tehsil Nazim got annoyed and vide his orders dated 20.5.2003 relieved the complainant from duty and directed him to report to the Secretary, LG &RD Department. The complainant submitted a petition to the Secretary, LG&RD against illegal orders of Tehsil Nazim, whereupon Secretary, LG&RD stayed the implementation of the said orders and asked for comments from the Tehsil Nazim. The complainant, accordingly, continued performing his duties but the Tehsil Nazim refused to sign his pay bills. The complainant prayed that the agency be directed to pay his salary for the said period. Matter was taken up with the agency. The complainant sent a rejoinder stating that Tehsil Nazim, TMA Silanwali had paid his salary. As the grievance of complainant had been redressed, the complaint was disposed of having borne fruit. DEVELOPMENT WORK Complaint No: 8077/03 D-IV-472/03 In their complaint dated 2.10.2003, Muhammad Munir alias Bao and other residents of Street No.25 Fatehgarh Post Office Mughalpura, Lahore stated that Shalimar Town Administration started laying sewerage pipes in street No.25, Takkiya Baba Yateem Shah, Fatehgarh Lahore but work was left incomplete and the street was not reconstructed. It was alleged that the Nazim, Union Council No.44, Fatehgarh and Shalimar Town Administration had constructed other streets. The complainant requested that the agency may be directed to complete the development work of their street as well.
Matter was taken up with the agency on 4.10.2003 and pursued. Sub Divisional Officer, Mughalpura Sub Division WASA, Shalimar Town Lahore reported on 12.3.2004 that WASA had completed the sewerage according to work order/acceptance letter and the sewer was functioning properly. Town Municipal Officer, Shalimar Town Lahore also reported that work regarding construction of Street Baba Yateem Shar Darbar had been completed by Town Municipal Administration. Grievance of the complainant was redressed on the intervention of this Office. GRANT OF MOVEOVER Complaint No: 10072/03 D-IV-582 Complainant Mirza Shah Jehan Baig moved this complaint dated 15.12.03 stating that he had retired as Assistant from the office of Director General, Local Government Department Punjab, Lahore. His moveover from Scale No.11 to Scale No.12 was due since December, 2001 but Departmental Promotion Committee (DPC) deferred his case observing that some enquiry was pending against him, whereas just two days before a no enquiry certificate was issued and also that no departmental proceedings/action was pending against him at the time of retirement. He prayed that a report be obtained from the department and he may be granted moveover. After getting supporting documents from the complainant, the matter was taken up with the agency on 7.2.2004. Assistant Director (Admn.), Directorate General Local Government of the Punjab Lahore reported on 16.7.2004 that grievance of the complainant had been redressed and moveover from BS-11 to BS-12 had been cleared by DPC in its meeting on 16.6.2004 and necessary order had been issued on 6.7.2004. Grievance of the complainant was redressed on the intervention of this Office.
MISCONDUCT OF POLICE OFFICIALS Complaint No:10165/2003-Adv-II-610/2003 Wali Muhammad, who claim to be rightful owner of Shop No. 121 situated in Mohalla Mian Sahib inside Malkana Gate, Sharqpur, District Sheikhupura filed a complaint dated 17.12.2003 alleging that “Qabza Group” in connivance with local police trespassed into his shop and stole various articles lying there. He approached the police but no timely and effective action was taken against the accused persons. He levelled the following specific allegations against Bashir Ahmad Gorsi, SHO and Muhammad Aslam Khan ASI of Police Station Sharqpur, Distrcit Sheikhupura:i. SHO did not take action on his application dated 4.4.2003 filed against the trespassers. ii. application dated 8.4.2003 addressed to DIG Police Sheikhupura for registration of a case was marked to ASP Circle Ferozewala who directed the SHO to take legal action against the accused but he took no action. iii. Qabza Group” occupied a portion of his shop but police did not take action despite his application submitted on 11.4.2003. iv. the instructions of DIG Sheikhupura, Sharqpur police registered FIR No.196/2003 unwillingly but the Investigating Officer Muhammad Aslam Khan ASI and the SHO did not arrest the accused in time nor did they recover stolen property. v. Officer did not recover stolen articles even when the accused were willing to return these. vi. Aslam Khan ASI misplaced certain papers to help the accused party. District Police Officer Sheikhupura filed a report dated 19.1.2004 contending that on complainant’s application submitted earlier, ASP/SDPO Ferozewala conducted a preliminary enquiry and directed the SHO to register a criminal case. Consequently FIR No.196/2003 dated 30.4.2003 under section 448/427/380/148 and 149 PPC was registered at Police Station Sharqpur. During investigation, three accused were arrested and two got pre-arrest bail from Lahore High Court, Lahore. One accused Muhammad Khan was absconding and the challan had been submitted in court. SHO Sharqpur had
been directed to arrest Muhammad Khan immediately. Allegations of the complainant against police officials were without substance. It was observed that the complainant approached police on 4.4.2003 with a request to take legal action against the accused but FIR was recorded on 30.4.2003. This delay had not been satisfactorily explained. It had also been rightly pointed out that the accused persons were not arrested in time. Additional District and Session Judge Ferozewala did not confirm pre-arrest bails of Abdul Rasheed, Ashique and Sabir but the concerned Investigating Officer failed to arrest them on the spot. He also failed to recover the entire stolen property. One accused Muhammad Khan, whom the complainant considers head of “Qabza Group” had not been arrested nor proceedings under section 87 and 88 Cr. P.C initiated against him. All those facts led to the conclusion that it was a case of mal-administration. These findings were communicated to I.G.P. with the direction to depute a senior police officer to hold a detailed enquiry and fix responsibility for acts of maladministration. The Agency reported that fresh enquiry had been initiated against the delinquents. The process of accountability thus started against the delinquent of police officials. VACATION OF FEDERAL GOVT. QUARTERS Complaint No:7990/2003-Adv-II-481/2003 Shahid Hussain, Executive Engineer Central Civil Division No.II Pak PWD Lahore filed a complaint dated 30.9.2003, alleging that Police officials had unlawfully set-up a Police Post/Police Station in the garages of Community Centre of Wafaqi Colony Lahore and unlawfully occupied 10 quarters of Block No. 7 & 8 of the Colony. The Police officers were approached to vacate the site but they had not responded. The complainant requested that Inspector General of Police, Punjab Lahore be directed to vacate the unlawful possession and pay rent for the period the buildings remained in possession of Police. Provincial Police Officer Punjab filed a report on 23.4.2004, admitting possession of Wafaqi Colony quarters and garages by the Police. He, however, contended that LDA had allotted a plot for the Police Station and as soon as the possession of the plot was delivered to the Police, the buildings of Wafaqi Colony would be vacated. Since the Police Department had conceded the claim of the complainant, Provincial Police Officer Punjab was directed to secure possession of the plot allotted by LDA for setting up a Police Station and since occupation rent of the quarters and garages be paid to Pak PWD.
APPOINTMENT AS A.S.I. AGAINST SHAHEED QUOTA Complaint No:3770/2004-Adv-II-257/2004 Muhammad Shahid Zafar filed a complaint stating that his father Zafar Hussain employed as Police constable in District Sahiwal had lost his life in East Pakistan in 1971 Indo-Pak war. He applied to Chief Minister Punjab for recruiting him as ASI against quota reserved for Shaheed. His application was forwarded to IGP Punjab who filed it because of his being over-age. He requested that he be recruited as ASI against Shaheed quota by granting him relaxation in upper-age limit. AIG (Legal) filed a report on behalf of the Agency contending that the complainant was not eligible for recruitment because he was over-age by 9 years and deficient in chest by 1” x 1”. It was further added in the report that instructions regarding relaxation of age limit are not applicable to Police. The complainant thereupon requested in his rejoinder that he may be employed as a Junior Clerk. The case of the complainant was examined and a directive was given to the authority for appointing the complainant as Junior Clerk in Police Department by granting age relaxation in view of special circumstances in which his father laid down his life and if he was not eligible for appointment as junior clerk he may be offered a post in BS-1 to 4. Provincial Police Officer reported that the Ombudsman’s direction could not be implemented because of an advice given by the Regulation Wing of S & GAD to the effect that Police personnel are not public servants and they are governed by separate Police Rules. The case has now been referred to the Govt. u/s 12(1) of the Punjab Office of Ombudsman Act 1997 (Act X of 1997) for giving a direction to the Agency to implement the recommendations of the Ombudsman.
PAYMENT OF G. P. FUND Complaint No: 1880/04/C.VI-228/2004
Shehnaz Bibi in her complaint dated 12.3.2004 alleged that her husband Ghulam Muhammad Khan who was Constable in Police died on 30-12-2003. She was receiving family pension but G. P. Fund amount was not paid to her. After obtaining supporting documents from the complainant, report from the Agency was invited on 21.7.2004. The Agency expedited the matter and reported on
3.9.2004 that G. P. Fund amounting to Rs.26,415/- had been paid to the complainant Mst. Shehnaz Bibi. The grievance of the widow was, thus, redressed because of the intervention of this Office.
MISCONDUCT OF POLICE OFFICIALS Complaint No:6895/2003-Adv-II-389/2003 Muhammad Riaz filed a complaint dated 26.8.2003, accusing Muhammad Shafi Lashari, ASI and Basharat Havildar (Head Constable) of checking his car registration No. AA 8878/Karachi on 23.7.2003, and demanding Rs.50,000/- as illegal gratification on the threat of getting the vehicle examined by a Laboratory. He (the complainant) was also forced to pay Rs.1000/- to Hawaldar (Head Constable) Basharat as bribe and to spend Rs.2500/- for purchase of petrol for the vehicle. The respondent ASI continued demanding more bribe and seized his vehicle u/s 550 Cr.PC. The complainant paid Rs.1200/- to the respondents and only then they agreed to release the vehicle on ‘Superdari’. He was also made to pay Rs.3000/- to different other officials. SP Organized Crime (CIA) Lahore filed a report on 12.7.2004, intimating that Rai Zameer ul Haq, DSP Anti-Vehicles Lifting Staff was directed to enquire into the complainant’s allegation. According to his report, the complainant’s vehicle, which was taken into possession u/s 550 Cr.PC. was got examined at Forensic Science Laboratory Islamabad. On the basis of Laboratory result, no case of theft was traced and the vehicle was given to the complainant on ‘Superdari’. The allegations of demanding or receiving bribe were not proved. The complainant had admitted to have filed the complaint because of some misunderstanding and he (the complainant) did not want to pursue it. The respondent Muhammad Shafi and Basharat Ali filed their statements denying the charges. They enclosed a letter sent by SP Organized Crime CIA Lahore to SSP (Investigation) Lahore reiterating the version of the Agency but admitting that police officials had received Rs.1200/- as cost of taking the vehicle to the Laboratory for examination and then bringing it back. It was held that SP Organized Crime (CIA) Lahore had admitted the receipt of Rs.1200/- in his letter treating it as cost of taking the vehicle to Islamabad for technical examination and then bringing it back but it was difficult to believe that a 1989 model Toyota Corolla car would cost Rs.1200/- for covering the distance from Lahore to Islamabad and back to Lahore. Even otherwise, the vehicle owner could not be burdened with the expenditure which police incurred on the investigation of a case. This being a clear case of maladministration, findings were communicated to Senior Superintendent of
Police (Investigation) Lahore with the recommendations that he should hold an inquiry to fix responsibility as to how the complainant was forced to pay Rs.1200/- as cost of taking the vehicle to Islamabad for Laboratory examination. He was directed to issue clear instructions to the staff for not burdening the vehicle owners to bear expenditure that police incurs in taking a vehicle to a Forensic Science Laboratory for technical examination. He was also directed to ascertain whether sufficient evidence was available to ascertain whether the vehicle was stolen. The Agency/SSP (Investigation) Lahore has submitted implementation report. Enquiry has been initiated against the delinquent police officials and instructions issued to the Traffic Staff for not burdening vehicle owners with the expenditure incurred on technical examination of their vehicles.
REQUEST FOR TAKING ACTION AGAINST THE POLICE OFFICIAL WHO RELEASED PICKPOCKET Complaint No. 3976/03 DI-74/04. Muhammad Hayat Khan s/o Hussain Khan, r/o Chak No. 625/G.B, Tehsil Jaranwala, District Faisalabad alleged in his complaint dated 09.05.2003 that he was present at the Sikhs Mela at Nankana Sahib on 03.11.1998 where he caught hold of one of the four pickpockets who had stolen an amount of Rs. 26,000/- from his pocket and handed him over to Ihsan-ul-Haq ASI, P.S. Nankana City who was on duty at the Mela and was standing nearby. The said ASI, instead of registering a case against the pickpocket and returning the stolen amount to the complainant, released the pickpocket and made the complainant leave the Police Station after insulting him. Ombudsman Punjab, vide his order dated 18.08.2004, directed the DPO Sheikhupura to arrange return of stolen money to the complainant as the police official complained against had been found guilty of charges as a result of enquiry conducted by the Additional S.P. Sheikhupura. Despite the issuance of five communications and also a show cause notice sent to him DPO Sheikhupura neither took any steps for the return of stolen money to the complainant nor he responded to the communications/show cause notice issued by this Office. Chief Secretary Punjab, in these circumstances, has been sent a reference on 17.03.2005 for placing the report in the personal file/character roll of District Police
Officer, Sheikhupura as provided under section 12 (sub section 2) of the Punjab Office of the Ombudsman Act, 1997 (Act X of 1997).
REQUEST FOR TAKING ACTION AGAINST THE POLICE OFFICIALS OF P.S. SADAR PASRUR FOR CONDUCTING ILLEGAL RAID ON THE COMPLAINANT’S ‘DERA’ AND ARRESTING HIS SERVANTS THEREFROM. Complaint No. 8423/03 DI-376/03 Ch. Muhammad Rizwan Qureshi s/o Khurshid Hussain Qureshi, ex-Chairman Khidmat Committee, Tehsil Pasrur, District Sialkot filed a complaint on 13.10.2003 that Abdul Aziz ASI and the other police officials of Police Station Sadar Pasrur conducted an illegal raid at his ‘dera’, arrested his two servants taking them to Police Station and also took along his one licensed rifle and some other articles. Complainant’s servants were detained in the police station for five days whereafter they were released as they were not found involved in any case. His licensed rifle was also returned after necessary verification. The matter was taken up with District Police Officer, Sialkot who reported that the complainant’s ‘dera’ was raided as Constable Imdad Hussain had informed the Inspector/SHO, P.S Sadar Pasrur that some suspects/proclaimed offenders were present there reporting further that all this was done by the police personnel in good faith. Investigation conducted in this Office established a series of acts of high handedness, arbitrariness and gross illegality as Imdad Hussain Constable provided wrong information to his seniors, ASI Abdul Aziz conducted the raid without satisfying himself about the veracity of the information, SHO authorized the raid without satisfying himself about the information, complainant’s two servants were taken to the Police Station where they were kept in wrongful confinement without any justification and the complainant’s gun was also taken into possession illegally. What was even more distressing was that District Police Officer, Sialkot did not find these acts to be worth cognizance and came to the totally unconvincing conclusion that the complaint was devoid of any substance. DIG Gujranwala Region, in these circumstances, was directed to initiate disciplinary proceedings against the delinquent police officials. It was reported by him on 03.02.2005 that the police officials complained against had been administered warning with the directions to remain careful in future. As administering warning to any police
official is not provided under the Punjab Removal from Service (Special Powers) Ordinance, 2000, DIG, Gujranwala Region has again been directed vide this Office communication bearing No. 8423/03, dated 12.03.2005 to implement the directions given by this Office in letter and spirit as it was a case of serious irregularities committed by police officials involving honour and liberty of citizens.
REQUEST FOR REMISSION IN PUNISHMENT Complaint No: 7088/03-CR/03
A convicted person, named Malik Haq Nawaz, confined in District Jail, Sargodha alleged on 29.8.2003 that in spite of his passing the Nazira Quran and Taleemul Quran Examinations, the Agency i.e., I.G. Prisons had not granted him remission in sentence for 105 days as per Government policy. The complainant being aggrieved approached Ombudsman Punjab for redressal of his grievance. Matter was taken up with the concerned I.G. Prisons on 16.9.2003 who awarded requisite remission to the complainant and was released from Jail on 12.9.2003. On the intervention of this Office, complainant’s grievance was redressed.
ACTION AGAINST DEPUTY SUPERINTENDENT, DISTRICT JAIL SARGODHA Complaint No: 4962/03-CR-145/03 Muhammad Jehangir Bhatti, Naib Nazim U.C. 140 Sargodha and 21 other Nazims/Naib Nazims sought intervention of this office on 14.6.2003 for initiating disciplinary action against Ch. Mohammad Ilyas, Deputy Superintendent, District Jail Sargodha on charges of indulgence in immoral activities, holding a dance and drink function at his residence. Matter was taken up with the I.G. Prisons, Punjab on 7.7.2003 who held inquiry into the allegations by DIG prisons on 5.9.2003. As a consequence, competent authority placed the accused officer under suspension and formal proceedings against him under the Punjab Removal from Service (Special Powers) Ordinance 2000 were ordered. Deputy Secretary Home Department was appointed as Inquiry Officer in the case.
The complaint stood fructified, since formal disciplinary proceedings were initiated on the intervention of this office.
ISSUANCE OF M.A. DEGREE Complaint No: 9417/2003 D-III-629/2003 Syed Anjum Raza Naqvi S/o Syed Zawar Hussain Shah, R/o House No.848, Amam Bargah, Kamal Pur Syedan, Attock, Cantt complained on 13.11.2003 that he had qualified M.A. (English) Examination during the year 1994 but the Controller Examinations Punjab University had not issued the degree to him, despite lapse of about 9 years. Matter was taken up with the Agency on 15.11.2003. The requisite degree was issued by the Agency to the complainant on the intervention of this Office. The grievance of the complainant was, thus, got redressed. ISSUANCE OF B.Ed., DEGREE Complaint No: 6334/2003 D-III-422/2003. Muhammad Tanvir Abbas S/o Zakir Hussain Saqib, R/o Street No.3, House No.334, Manzoor Hayat Colony, Bhalwal, Tehsil Bhalwal, District Sargodha in his complaint dated 1.8.2003, alleged that he qualified the examination of B. Ed. during the year 1996, under Roll No.4545 but degree had not been issued to him by the Controller of Examinations, University of the Punjab, Lahore despite repeated requests. The complainant prayed that the University may be directed to issue him Degree. Matter was taken up with the Agency on 8.8.2003 and pursued. The University issued the requisite degree to the complainant on 04.01.2004. The grievance of the complainant was, got redressed by this Office. PAYMENT OF DUES Complaint No: 8342/2003 D-III-561/2003. Syed Tasawar Hussain Shah, SST, Govt. High School No.1, Chakwal submitted a complaint on 11.10.2003, that he performed duties as Deputy Superintendent Govt. Post Graduate College, Chakwal, to conduct BA/B.Sc Examination during 1998, but necessary dues thereof, had not been paid to him by the Agency despite repeated requests.
Matter was taken up with the Treasurer, University of the Punjab Lahore. A sum of Rs.1950/- was paid by the Agency to the complainant vide Cheque No.0848000, dated 23.12.2003. The grievance of the complainant was, got redressed on intervention of this Office. ISSUANCE OF DEGREE Complaint No: 7191/2003 D-III 473/2003 Ishtiaq Ahmad S/o Muhammad Sharif, R/o Village Renotra, P.O. Chak Baley Khan, Tehsil & District Rawalpindi, complained on 2.9.2003, that he appeared in the B.Ed Annual Examination 1995, under Roll No.593 but his B.Ed. degree had not been issued by the Agency despite passage of considerable time. Matter was taken up with the Agency. As a result the requisite degree was issued by the Agency to the complainant on 8.1.2004. The grievance of the complainant was got redressed.
WATER AND SANITATION AGENCY
WRONG BILLING BY WASA, LAHORE Complaint No: 3677/2003-A.S-140/2004
Mr. Waqar Elahi on 30.4.2003, complained against WASA Lahore for sending bills on commercial rates in respect of his residential property. The property in question (S-19-R-82) was owned by his father-in-law and was being used by him for the last 20 years. In the property, a domestic connection has been obtained, which was being billed previously @Rs.141/- for two months. Since May 2002, WASA Authorities started sending bills at the commercial rate amounting to Rs.2360/-. Deputy Director, WASA, Samanabad, Lahore had taken no action/failed to correct his bill on his application dated 13.5.2002, inspite of his repeated visits. Up to March 2003, the amount of arrears accumulated to Rs.7800/-. The complainant requested for redressal of his grievance. A report was obtained from the Agency. Mr. Maqsood Ahmad, Legal Assistant, Revenue Directorate WASA, Shah Jamal, Lahore submitted a written statement on 19.6.2004 to the effect that the grievance of the complainant had been redressed and
revised bill would be delivered to him in the next billing cycle. Accordingly, the complaint stood fructified.
COMPLAINT AGAINST EXCESSIVE/WRONG BILLING Complaint No: 3840/2003- A.S -161/2004
On 6.5.2003, Mr. Mehmood Ahmad Awan complained against excessive/wrong billing by WASA Lahore on the ground that his house had area of five marlas but it was being shown as 10 marlas. Inspite of his request, WASA authorities had failed to take any action and were forcing him to deposit the bill amounting to Rs.5390/-. He being a poor government servant could not pay the said amount. He requested that WASA should be directed to charge him upto Rs.160/-, as before. Matter was taken up with Deputy Director (South) WASA Lahore. Pending receipt of formal reply from the Agency, representative of WASA Lahore informed on 26.2.2004, that bill of the complainant had been revised and the complainant had the made total payment. Accordingly, the complaint was disposed of having borne fruit.
ZAKAT & USHR DEPARTMENT
REQUEST FOR GRANT OF FINANCIAL ASSISTANCE Complaint No: 4101-6/2004-A.S-92/2004
Mr. Khuda Bakhsh applied for financial assistance in September, 2003 from dowry fund. He alleged that no action had been taken on his request inspite of the fact that funds were received from the government for needy people. The financial assistance was allegedly provided to influential persons. The complainant had to arrange marriage of his daughter, which was getting delayed due to non-availability of resources. He requested for issuance of necessary instructions so that he may get financial assistance at an early date. DZO Bhakkar, vide his report dated 30.06.2004, submitted that the request of the complainant was pending which would be decided on receipt of dowry funds. The complainant, vide his rejoinder dated 15.07.2004, submitted that the Agency had taken necessary action on his request and he had received financial assistance. Accordingly, the complaint was disposed of having borne fruit.
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