To

The Secretary to Govt: of Khyber Pakhtunkhwa,

Public Health Engineering Department, Peshawar
THROUGH PROPER CHANNEL

Subject: REPLY TO SHOW CAUSE NOTICE – INQUIRY REGARDING

IRREGULARITIES AND EMBEZZLEMENT IN THE PROJECT
“STRENGTHENING OF CAPACITY BUILDING OF PHE DEPARTMENT”
CARRIED OUT BY PHE DIVISION NOWSHERA.

Reference: PHE Department letter No.SO(Estt)/PHED/8-36/2014 dated 11.02.2015.

Respected Sir,
I am in receipt of Show Cause Notice issued vide letter under
reference in the matter titled “Inquiry regarding Strengthening of capacity
building of the PHE Department, carried out by the PHE Division Nowshera”. The
Show Cause Notice was served upon me while in Jail and it was not possible for
me consult record of the case for furnishing reply. I have no other option but to
submit this short reply despite that it is against the rules/justice to count time
against a person in custody behind the bars. The constitution of Pakistan and
other laws directs for providing me the right to properly defend myself. I need
reserve my right to furnish a detailed reply after examining record of the case as
I have not been provided with the record after my release on bail on 21 st
February 2015.

2. That in the above-referred Show Cause Notice, the undersigned has

been held accused, pursuant to a report devised by the Provincial Inspection
Team, in the following manner namely:

a. “That you as Executive Engineer PHE Division Nowshera put the

Government to loss of Rs.5,229,119/- on account of procurement worth
million of rupees in violation of rules, changed the approved specification
and quality for vested interests, allowed exorbitant rates vis-a-vis the
market rates, made payment for services not procured, purchased made
excess of quantity approved in the PC-I etc under the project titled
“Strengthening and Capacity Building of PHE Department ADP
No.242/100098 (2011-12)”.
b. By doing so, you demonstrated inefficiency/misconduct in the
performance of your duties.”

3. As a result whereof, I am tentative proposed to the departmental

penalties of (i) Reduction to lower grade for five years and (ii) Recovery of
Rs.2,614,560/-.
4. That in response to the above, the undersigned has never been
provided any opportunity of defence/proper hearing but the members of
Provincial Inspection Team have recorded certain replies to verbal questions in
their own words as they have never issued me any questionnaire for reply in my
own words. They have never provided me a fair opportunity to consult record of
the case/scheme. They just asked me to sign the paper while in great hurry but
did not provide me any copy of the so called statement to see/check what they
have written and hence it cannot be called a fair opportunity of defence. How
can it be considered my statement when the same is being concealed from me?
Even a military court will not adopt such a short cut for hearing an accused in
such a summary manner.
5. Nevertheless, the PC-I of the said project was prepared and
formulated/approved by the competent forum. Moreover, Technical sanction was
also granted by the competent authority i.e. Chief Engineer (South) PHE. The
undersigned execute procurements in accordance with the exact specifications
and quantity given in the PC-I and further to ensure that no excess payment is
made for services not purchased. Even after the procurement and before making
payment it was for the SDO and Sub Engineer to recommend the contractors’
bills after having ensured that quality and quantity of goods purchased was just
in accordance with the approved PC-I. Furthermore, a representative of the
Accountant General called Divisional Accounts Officer conducts pre-audit before
approving or making payment in respect of a particular bill. All the procured
items were distributed amongst all offices of the Department at Province/District
level but no complaint about these items has been received from any corner so
far.

6. Moreover, if there had been any shortcomings in the PC-I, in that it

was lacking in describing the exact specifications of the certain items etc, the
undersigned ought not to be held responsible for that too, because even the PC-I
was not prepared and approved by me.

7. As far as the report of Provincial Inspection Team is concerned, the

mandate and authority of the PIT is simply to the extent of facts finding, and to
see who is responsible behind a particular illegality/irregularity. It cannot propose
a departmental penalty as the same is the sole job of an Inquiry Officer or
Inquiry Committee prescribed and envisaged in the Khyber Pakhtunkhwa
Government Servants (Efficiency & Discipline) Rules 2011. Having said that, no
Show Cause Notice could be issued, tentatively proposing departmental
penalties, on the sole basis of a report prepared by the PIT.

8. As a sequel to the above-humble submission it is requested that the

Show Cause Notice under reply may kindly be withdrawn, and the inquiry
proceedings so initiated against the undersigned may be filed/dismissed.

9. The undersigned shall be highly obliged if a gracious opportunity of

personal hearing is also extended in the matter.

Yours obediently

(Engr. Nasir Latif)

Design Engineer
O/o the C.E (South)
PHE Peshawar