You are on page 1of 11

INQUIRY

REPORT

UNDER

KHYBER

PAKHTUNKHWA

GOVERNMENTS SERVANTS (EFFICIENCY & DISCIPLINE)
RULES 2011 AGAINST MR. AURANGZEB KASHMIRI, JUNIOR
CLERK C&W (BUILDING) DIVISION MARDAN REGARDING
AGGRESSIVE ATTACK ON FEMALE D.E.O IN OFFICE.

I.

ORDER OF INQUIRY:
The

Competent

Authority

(Chief

Engineer

(Centre),

Communication & Works Department, Khyber Pakhtunkhwa Peshawar)
has been pleased to order an Inquiry against Mr. Aurzngeb Kashmiri,
Junior Clerk, Presently posted in the O/O XEN C&W (Building) Division
Mardan, vide his office No. 75-E/1083/CE/C&WD dated 16/09/2014
(Copy of letter along with enclosures attached at (Annex-A (i) ---- A (xi))

II.

TERMS

AND

REFERENCE

(TOR)

/

STATEMENT

OF

ALLEGATIONS AGAINST THE OFFICIAL:
Following is the statement of Allegations/Charge Sheet against
the above-named official.

“As reported by District Education Officer
(Female) District Mardan, he has threatened abused and
aimed pistol at her in her officer for want of an illegal official

The accuesed official Mr. The reply of the accused along with enclosures was also communicated to the undersigned vide Chief Engineer (Centre) No. Auragnzeb Kashmiri submitted his Reply to the Charge Sheet / Statement of Allegations along with enclosures vide letter dated 21. Chief Engineer (Centre)/The competent Authority was initially requested for withdrawal of undersigned as the Inquiry Officer vide No.10.favour. thus he found guilty of harassing the lady officer. . 4. The above request of the undersigned was not acceded to by the Competent Authority vide No.2014 (Annex-E). On receipt of the afore-mentioned Inquiry letter in the office of the under-signed.2014 (Annex-D (i) – (xix)). 2. 75E/1252/CE/C&WD dated 20.2014 (Annex-C).09. 75-E/1172/CEC&WD dated 30. due to the reason mentioned therein (Annex-B).09. INQUIRY PROCEEDINGS: 1. 2011”. 507/3-E dated 25-09-2014. III. 3. Therefore his this act tentamounts to serious mis-conduct under Rule-3(b) of the Khyber Pakhtunkhwa Efficiency and Discipline Rules.

E.5. along with relevant record vide Letter No. Miss. The District Education Officer (Female). conducted at the level of Elementary & Secondary Education Department. 7. 691/3-E dated 27/10/2014 (Annex-G). Zuhra Begum Ex-D. 692/3-E dated 27/10/2014 (Annex-F). the accused official was directed to intimate to the undersigned If he desired his personal hearing and to produce any witness/evidence on affidavit and any additional documentary material in his support/defence vide Letter No. 8. In response to the Inquiry officer/letter dated 27/10/2014. After receiving the reply of accused. 6.O (Female) Mardan was also asked to produce witness/evidence on affidavit and any additional documentary material in support of her allegations against the accused and to intimate if personal hearing is desired by her vide Letter No. the accused official neither submitted any additional documentary material in his support nor responded to the option of his personal hearing . (Annex-H). Mardan was requested to provide the Report of preliminary Inquiry against the accused. 690/3-E dated 27/10/2014.

O (Female) Mardan submitted her statement along-with some supporting additional documents vide letter No. thus you found guilty of Community in entire KPK as well as . CHARGES & REPLY OF THE ACCUSED: S# 1. Ex-D. IV.9. District That the allegation leveled against me (Female) in you charge sheet/statement of have allegation is totally incorrect. Charges As reported Education District Reply of Accused by Officer Mardan.E. apparently from accused official as found written on the covering envelop (Annex-J (i – vi)). denied. Some additional documents were received in the office of the under-signed. Miss Zuhra Begum. without any covering letter. 5850 dated 15/11/2014 (Annex-I (i) – (xxxiii)). 10. I threatened abused and aimed am a peaceful citizen and obedient pistol at her in her officer for civil servant and known for my best want of an illegal official performance for the welfare of Clerks favour.

Tufail against the said ClassIV post for vested interest. within the legal act parameters.1. tentamounts to serious mis. as per judgment of Hounourable Supreme Court of Pakistan coupled with Policy of Education Department. Awal Khan as Class-IV being Land Doner who donated his valuable piece of land measuring (1½ Kanal) for GGPS Khat Kaly Mardan. to deal us in a smooth environment became flared up and shouted in a threatening Voice to “GET OUT OF MY OFFICE” and later-on it revealed that she appointed one Mr. 2011 of DEO (Female) District Pakhtunkhwa Mardan along with Awal Khan (Land and Discipline Doner) in connection with preferential treatment for appointment of son of said. harassing Therefore the lady your officer. Mardan this District. . I submitted of my said request in a very polite and decent method but she although obligated under the Law being Public Servant.The true facts are that I visited the conduct under Rule-3(b) of the Office Khyber Efficiency Rules.

A. without any further action. WITNESS / EVIDENCE ON AFFIDAVIT: The accused official and the complainant both were asked to produce respective witnesses/evidences on affidavits in their defence/ support (Annex F & G) but no such response from either of them was received. Bajaour. 12 dated 04. 3 MPO remained behind the Bar for 18 days. Charge Sheet may please be filed.Sir. FINDINGS: . due to undue influence of her brother namely Yahya Akhoon Zada earlier D. VI. I have been tortured as FIR No. Double trial/enquiry are prohibited as per Art 13 of Constitution of Pakistan 1973.01. V. I am innocent and falsely charged.C Malakand and presently P. I swear ALLMIGHTY ALLAH and even on Oath on HOLY QURAN that I neither threatened nor abused nor aimed Pistol at her for illegal favour.2014 which is still under trail regarding same false allegation.

As no witness/evidence an affidavit was produced by either party. As an office bearer of an Association.2014 during the office/duty hours without prior permission/approval of his officer Incharge or the Executive Engineer of the Division. he is not allowed to participate in such activities at the cost of his official duties. as claimed by the accused. it is revealed that: i). as per statutory provisions of NWFP Govt: Servants (conduct) Rules.From the perusal of the record/documentary materials provided to the undersigned. to get involved in individual cases neither public nor private. in support of their respective statements. it do transpires from the perusal of record that the accused has interfered unlawfully in the official business of District Education . However. therefore. ii). as per above quoted conduct rules. 1987. The accused has visited the office of DEO (Female) in connection with a business/activity which falls out-side the ambit of his official duties in the capacity of a Public servant.01. The accused has visited the office of DEO (Female). Even as a member/office bearer of an Association. iii). he was not allowed. it is not possible to buy the version of incident of any party in wholeness. Mardan on 04.

Zuhra Begum Statement of (Annex-J (iii) & (iv)) and the accused’s at (Annex-I (v)). in connection with the above incident. Zuhra Begum has forgiven the accused in an agreement that both the parties shall refrain from taking hostile actions against each other. CONCLUSION: 1. At present. dated 08. iv).2014 in write Petition No. The compromise statement has been given by both the parties in each others favour Miss.O (Female) Miss.O (Female) Mardan. v).01. While Miss. Mardan. Zuhra Begum declaring them to be false and baseless.Officer (Female). Peshawar. The accused intended to draw an illegal official favour from D. His adopted course of actions tentamount to “misconduct” as defined in the Khyber . VI. The changes/Allegation leveled against the accused do are found partially established. This is also reflected in the Judgment of Peshawar High Court.E. the accused has withdrawn all of his complaints/allegations against the D. 31-P of 2014 filed by the accused regarding the same incidence (Annex-K).E. According to the Compromise statements. Both the parties have now got affected a compromise and have reached an agreement regarding the above incident.

Similarly the charge of harassing her could also not be established. as per definition of “harassment” elaborated in the Women Harassment Act. abusing and aiming pistol at D.O (Female) Mardan could not be found established in light of the available record. At present both the parties have affected a mutual agreement/compromise regarding this incident. While the other allegations of threatening.E.Pakhtunkhwa Government Servants (Efficiency & Discipline) Rules 2011. bound by the tendon of withdrawing the allegations and being non-hostile to each other in future. (Engr: Amir Jamal) Inquiry Officer / Executive Engineer C&W Division Torghar . 2.

for favour of further process please. Peshawar Subject: AGGRESSIVE ATTACK ON FEMALE D. Enclosed: As Above (Engr: Amir Jamal) Inquiry Officer / Executive Engineer C&W Division Torghar Copy to: i. Superintending Engineer C&W Circle Mardan for information please. ii.No: __________/___________ dated Torghar the 28/11/2014 Chief Engineer (Centre) C&W Department. Kindly refer to above and find enclosed herewith the Inquiry Report regarding the subject matter in. Chief Engineer (North).E. 3-copies. C&W Department Peshawar for information please.O IN OFFICE Reference: Your office No. (Engr: Amir Jamal) Inquiry Officer / Executive Engineer C&W Division Torghar . 75-E/1083/CE C&WD dated 16/09/2014.

JUNIOR CLERK C&W (BUILDING) DIVISION MARDAN REGARDING AGGRESSIVE ATTACK ON FEMALE D.E. AURANGZEB KASHMIRI.O IN OFFICE. Conducted By: ENGR: AMIR JAMAL EXECUTIVE ENGINEER C&W DIVISION BUNER (NOVEMBER 2014) .INQUIRY REPORT INQUIRY REPORT PAKHTUNKHWA (EFFICIENCY UNDER GOVERNMENTS & DISCIPLINE) KHYBER SERVANTS RULES 2011 AGAINST MR.