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REGULAR INQUIRY AGAINST MUHAMMAD SAJID HUSSAIN,

PROCESS SERVER, RAHIM YAR KHAN.

REPORT.

27.11.2017.
Present:
The instant inquiry initiated on the complaint of Abdul Rasheed

Naib Nazir civil courts Khanpur while the preliminary inquiry against Sajid

Hussain process server civil court Khanpur was conducted by the then learned

civil judge 1st Class Rahim Yar Khan vide his preliminary inquiry report dated

11.04.2013. The undersigned was assigned with the regular inquiry against the

accused/official by the learned senior civil Judge Rahim Yar Khan vide his

orders dated 17.02.2017. For convenience Sajid Hussain/process server is

referred here-in-after as respondent.

Brief facts of the complaint against the respondent are that on

25.03.2013 the respondent intended to apply for causal leave for 15 days as his

brother was admitted in the BVH, Bahhawalpur, but the Naib Nazar Khanpur

did not allow him to proceed on leave due to busy schedule of courts.

However, the respondent managed to forward the application through dispatch

register No.191 dated 25.03.2013 to the Senior Civil, Judge Rahim Yar Khan.

The respondent without having sanctioned leave in his favour got himself

absented from his official duty on 26.03.2013 which amounted to misconduct.

Hence, the instant inquiry against the respondent. The accused person was

summoned and preliminary inquiry was conducted where it was opined that a

regular departmental inquiry should be carried out in response to the

misconduct of the respondent. The respondent was summoned and

charge(under Punjab civil servants (efficiency and discipline), rules 1999)

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against the respondent was framed on 18.05.2013 to which he pleaded not

guilty and claimed the instant inquiry. The witnesses namely Muhammad

Shakeel process server and Abdul Rasheed the then Naib Nazer Civil Courts

Khanpur, appeared and recorded their statements. Muhammad Shakeel process

server appeared as AW-1 and stated that on 25.03.2013 the respondent asked

him to forward the application for leave through the then learned civil judge,

Khanpur. So, he made entries into the relevant registered at No.191 and on the

same day the said application was handed over to Naib Nazir Rahim Yar

Khan. During cross examination he stated that he registered the application on

the directions of the Naib Nazir as they do the same upon the orders of the

Naib Nazir. Abdul Rasheed Niab Nazir was examined as AW-2 who stated

that on 26.03.2013 the respondent did not come to the office at even 09:15 AM

while no application for leave was received from the respondent. He further

stated that on the same day he sent up his absent report. However, afterwards

he came to know that the application of the respondent had been duly sent for

causal leave for 15 days to the senior Civil Judge, Rahim Yar khan since

25.03.2013. At the end the statement of the respondent was also recorded who

stated on oath that he moved the application, on 25.03.2013 for causal leave

for 15 days, duly forwarded by the then civil Judge Mr.Shahzad Anwar,

through dispatch registered no. 191 dated 25.03.2013. He further stated that on

26.03.2013 he was at Bahawalpur Victoria Hospital for looking after his

brother so he received a call; since he was communicated that his application

for causal leave had been disallowed. So, on the very next day he reached back

to office.

Arguments heard, record perused.

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The complaint against the respondent was in regards with

absentism without having sanctioned causal leave. The respondent allegedly

proceeded for leave on 26.03.2013 for 15 days. To prove this allegation two

witnesses appeared before the court who got recorded their statements. The

perusal of evidence against the respondent reveals that admittedly the

respondent had forwarded leave application for his causal leave for 15 days

through the orders of the then learned civil judge w.e.f 25.03.2013 to

09.04.2013. However, the same application depicts that the leave was declined

by the then learned Senior Civil Judge, Rahim Yar Khan on 26.03.2013. The

body of the application reveals that the respondent required said leave for

looking after his brother and it is evident from the record of the concerned

hospital that the request was however genuine. The Naib Nazir namely Abdul

Rasheed lodged complaint through dispatch No.196 as the respondent had not

attended the office until 09:15 AM on 26.03.2013. The statement of Shakeel

Ahmed AW-1 reveals that he himself registered the application of the

respondent on dispatch No.191 which he further stated that it was done on the

directions of Abdul Rasheed Naib Nazir. Be that as it may, the respondent

should have proceeded on leave after confirmation of his leave but he did not

do so. The respondent could not bring on file any emergency situation which

could have not been avoided.

After hearing the arguments and perusing the record I draw a

conclusion that the respondent admittedly proceeded on leave without getting

his leave sanctioned. He remained absent on 26.03.2013 however, he joined

the office on 27.03.2013. In the given circumstances, he was given a show

cause notice regarding his misconduct for which he replied but could not
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satisfactorily answered the same. Hence, keeping in view the gravity and

nature of the misconduct, I propose a minor penalty of “censure” against Sajid

Hussain/respondent u/rule 4(1)(A) of Punjab civil servants efficiency and

discipline rule 1999, alongwith direction to be very careful in future.

The report of instant regular inquiry alongwith proceedings is

hereby sent to the learned senior civil Judge(Admin), Rahim Yar Khan for

further appropriate orders.

Announced:
27.11.2017.
Judge Fahad-Ur-Rehman,
Inquiry officer/Magistrate 1st class,
Rahim Yar Khan.
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27.11.2017.
Present: Respondent in person.
Mr. Malik Allah Dad learned ADPP for the state.
O R D E R:
ORDER.

Vide my separate detailed order of even date in English version,

instant regular Inquiry against the process server namely Sajid Hussain I

propose a minor penalty of “censure” against Sajid Hussain/respondent u/rule

4(1)(A) of Punjab civil servants efficiency and discipline rule 1999, alongwith

direction to be very careful in future. The report of instant regular inquiry

alongwith proceedings is hereby sent to the learned senior civil Judge(Admin),

Rahim Yar Khan for further appropriate orders.

Announced
27.11.2017. Judge Fahad-ur-Rehman,
Inquiry officer/Magistrate 1st Class,
Rahimyarkhan.