28th June, 2004
S.R.O.76(KE)/2004, ,dated 4th March, 2004.—In supersession of the Wafaqi Mohtasib Investigation and Disposal of Complaints Regulations, 1999, as amended through Notification S. R. O. No. 95(KE)/2003, dated 13th September, 2003, and in exercise of the powers conferred upon him by clause (11) of Article 10 of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order,. 1983, the Mohtasib is pleased to make the following Regulations:–
In exercise of the powers conferred by clause (11) of Article 10 of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983. (P.O. No. 1 of 1983), the Mohtasib is pleased to make the following regulations:–
1. Short title and commencement. —(1) These regulations may be called the Wafaqi Mohtasib (Investigation and Disposal of Complaints) Regulations, 2003.
(2) These shall come into force with effect from 31st December, 2003.
2. Definitions.—(1) In these Regulations unless there is anything repugnant in the subject or context,–
(a) “Article” means an Article of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (P.O. No.1 of 1983);
(b) “Authorised Officer” means an officer of the’ Secretariat authorized by the Mohtasib for admission or rejection of complaints at the preliminary examination stage;
(c) “Disposal” means the completion of all proceedings of a complaint.
(d) “Examination” means scrutiny of complaints by the Registrar or Authorised Officer at the preliminary stage or by the Investigating Officer on commencement of investigation;
(e) “Form” means a form appended to these Regulations;
(f) “Head Office” means the principal seat of the Wafaqi Mohtasib (Ombudsman) Secretariat at Islamabad;
(g) “Hearing” ‘means the process of ascertaining facts by oral hearing of one or all of the parties, including examination of the record and spot inspection;
(h) “Investigation” means enquiry and investigation of allegations raised in a complainant till its disposal;
(i) “Record Room” means the record room at the Head Office where the files are consigned after disposal;
(j) “Regional Offices” means the Regional Offices of the Secretariat established at Lahore, Karachi, Peshawar, Quetta, Sukkur, Multan, Faisalabad and D.I. Khan or at any other place which may be established under clause (4) of Article 9;
(k) “Registrar” includes a Deputy Registrar, Assistant Registrar or any other officer assigned the duties of the Registrar:
(l) “Registry” means an office in the Head Office or Regional Offices where the complaints are presented or received. .
(m) “Secretariat” means the entire establishment of the Office of Mohtaisb, including the Head Office and Regional Offices; and
(n) “Secretary” means the Secretary of the Wafaqi Mohtasib’s terms (2) All other terms and expressions used in these Regulations Office.
(2) All others terms and expressions used in these Regulations but not defined hereinbefore shall have the same meanings as have been assigned to them in the Establishment of the Office of Wafqi Mohtasib (Ombudsman) Order, 1983 (P.O. No. 1 of 1983).
PROCEDURE FOR REGISTRATION OF COMPLAINTS
3. Presentation of Complaints. —(1) A complaint written in English or Urdu may be presented at the Head Office, or any of the Regional Offices having jurisdiction, by the complainant personally or through his representative or submitted by post or courier service. ‘
(2) The territorial jurisdiction of the Head office and Regional Offices shall be as specified in the Schedule to these Regulations which may be modified by the Mohtasib by an order in writing:
Provided that the Mohtasib may direct that a complaint falling within the territorial jurisdiction of one Office may be investigated at another Regional Office or the Head Office.
(3) Every complaint should, wherever, possible, be accompanied by WMS Form “A”.
(4) If a complaint is not accompanied by WMS-Form ‘A’, it shall be accompanied by a solemn affirmation that—
(a) the allegations contained in the complaint are correct and true to the best of knowledge and belief of the complainant.
(b) previously no complaint on the subject was filed at the Head Office or any of the Regional Offices.
(c) no suit, appeal, petition or any other judicial proceedings in connection with the subject-matter of the complaint is pending before any Court, Tribunal-or Board, and ;
(d) a representation to a competent authority of the Agency in respect of the allegations contained in the complaint was made, but either no reply thereto was given within a reasonable time or the representation had unjustly been turned down.
(5) On receipt of a complaint, the concerned official in the Registry shall enter the particulars of the complaint in the diary register giving it a diary number, issue acknowledgement thereof to the complainant and forward it to the Registrar.
(6) The official receiving the complaint shall assist the complainant in filling the WMS-Form “A”, if such assistance is required.
4. Examination by the Registrar.—(1) The Registrar shall, on receipt of the complaint from the Registry,—
(i) allot a registration number to the complaint;
(ii) examine the complaint along with the documents attached thereto;
(iii) analyse the main points of the complaint;
(iv) enter the main grievance on WMS-Form “B”; and
(v) forward the complaint for admission or rejection by the Mohtasib or the Authorised Officer.
(2) Where the Registrar finds that a complaint requires further information, verification of facts, or documents, he may ask the complainant for provision of such information, verification of facts or documents.
5. Admission and rejection of complains at preliminary stage.-*(1) Where the grievance of a complainant against an Agency prima facie amounts to maladministration, and the complaint is not incompetent under the provisions of paragraphs (a), (b) or (c) of the proviso to clause (1) of Article 9 or clause (2) of the said Article, and is not barred under the provisions of clause (2) or clause (3) of Article 10, the Mohtasib, or authorized Officer, may admit the complaint for investigation.
(2) Where, prima facie, a complaint is incompetent under the provisions of paragraphs (a), (b) or (c) of the proviso to clause (1) of Article 9 or clause (2) thereof, or is barred under clause (2) or clause (3) of Article 10, or does not require any investigation for any other reason, the Mohtasib or, as the case may be the Authorized Officer may reject the complaint at limine stage:
Provided that. Mohtasib may, in his discretion, direct that such matter may be resolved informally under Article 33 without docketing the complaint.
(3) Where the complaint is admitted under sub-regulation (1), the Registrar shall issue an acknowledgement of the receipt of the complaint to the complainant and pass it on to the Investigating Officer authorized to investigate into complaints against a particular Agency.
(4) Where a complaint is rejected in limine, the Registrar shall inform the complainant the reasons for rejection of the complaint and consign the file to the Record.
6. Institution and Disposal Statement.—The Secretary shall, by the tenth day of each month, submit to the Mohtasib, in WMS Form “D”, a statement relating to the institution and disposal of complaints for and up to the end of the preceding month.
7. Presentation of complaints to Mohtasib and personal hearings.—(1) The Mohtasib may hold personal hearings at the time of presentation of complaints on such dates and time as he may indicate from time to time.
(2) Where a complainant desires to present the complaint in person to the Mohtasib he shall, in the first instance, present it to the Director-General (Complaints) at the Head Office, or the Registrar at the Regional Office, at least two hours before the time of hearing fixed by the Mohtasib under sub-regulation (1).
(3) The Director-General/Consultant (Complaints) or, as the case may be, the Registrar, shall record the particulars of the complaint in WMS-Form “C” and place the complaint before the Mohtasib for personal hearing of the complaint and further orders.
(4) If the Mohtasib is not available on a particular date fixed for hearing the complainant shall be informed of the next date and time of hearing.
(5) The orders of the Mohtasib on the complaints made under sub-regulation (3) shall be incorporated in WMS-Form “B”.
8. Complaints against Secretariat Staff.—Complaints against any Officer or member of the Staff of the Secretariat shall immediately be forwarded by the Registrar at the Head Office and the Incharge of the Regional Office, as the case may be, to the Secretary for orders by the Mohtasib.
9. Preliminary processing of complaints not to be delayed.—(1) The Registrar shall make every effort to ensure that the registration of complaints, their preliminary examination and submission to the Authorised Officer or Mohtasib, acknowledgement of receipt after admission, and entrustment to the Investigating Officers is not delayed.
(2) The Director-General (Complaints) and the Incharge of each Regional Office, shall personally ensure speedy processing of complaints before entrusting them to Investigating Officer for investigation.
PROCEDURE FOR PROCESSING OF COMPLAINTS BY
10. Entrustment of complaints to Investigating Officers.—(1) For the purpose of investigation of the allegations made in the complaint the Mohtasib may, by order in writing generally or in a particular case, authorize any officer of the Secretariat to exercise the powers under clause (1) and (3) of Article 14.
(2) A complaint may be sent for investigation to a Regional Officer or, the Head Office, where the grievance is against any Agency located within the territorial jurisdiction of such Office:
Provided that the Mohtasib may direct that a case may be investigated by the particular Investigating Officer posted at the Head Office or any Regional Office.
11. Report from the Agency.—(1) In every complaint admitted for investigation under regulation 5 a report from the Agency in respect of the allegations contained in the complaint shall be called for in writing:
Provided that in emergent cases requiring immediate action or to avoid recurrence of any maladministration, the report may be called for through telephone, telex, fax, e-mail or any other means of communication.
(2) The notice for submission of- report under clause (4) of Article 10 shall be addressed to the Principal Officer of the Agency or any officer nominated by. the Principal Officer to receive the notice and to any other officer who is alleged in the complaint to have taken or authorized the action complained of.
(3) The notice calling for a report shall accompany a copy of the complaint or relevant extract of the complaint highlighting the grievance of the complainant, the alleged nature of maladministration and the relief sought by the complainant along with all relevant documents attached with the complaint.
(4) The report shall generally be submitted within fifteen days, but where the nature of complaint requires an Agency to consult with its subordinate offices, thirty days may be allowed in this behalf.
(5) Where the Agency seeks extension of time in submission of report such extension shall not ordinarily exceed thirty days.
12. List of Principal Officers of the Agencies and their nominees.—(1) The Director-General (Complaints) at the Head Office and officers Incharge of the Regional Offices shall maintain a list of Principal Officers of Agencies and, where a Principal Officer has nominated an officer to receive notices on this behalf, list of such officers shall also be maintained.
(2) The Co-ordination Wing at the Head Office shall maintain a list of Principal Officers and their nominees throughout Pakistan and shall update every month.
(3) The Investigating Officers shall bring to the notice of the Director-General (Complaints) and Co-ordination Wing at the Head Office and Officers Incharge of the Regional Offices whenever .any information is received by them in respect of any change of the Principal Officer of the Agency or his nominee.
13. Agency’s Report on allegations of the Complainant.—(1) Where the Agency reports that the grievance of the complainant already stands redressed or relief has been provided to him on receipt of the complaint from Mohtasib’s Office, the complaint may be disposed of in terms of regulation 23(1)(e).
(2) In a case where the Agency reports that for the relief sought the complainant was required to fulfil certain procedural requirements, the complainant shall be directed to complete such requirements and, if no information is received by the date fixed by the Investigating Officer, it shall be presumed that the complainant does not intend to pursue the matter further and the complaint may be disposed of in terms of regulation 23(1)(g).
(3) Where the Agency does not submit that report within the time specified in the notice issued under clause (4) of Article 10 or the extended time allowed on the request of the Agency, the Investigating Officer shall issue a reminder to the Agency to respond immediately but not later than ten days from such reminder
(4) If no response is received even after the time specified in the reminder, a notice shall be issued to the Agency to depute a responsible officer with the complete file on the subject and to appear before the Investigating Officer or the Mohtasib to meet the allegations made in the complaint.
14. Rejoinder. —(1) Where the Agency contests the allegations made by the complainant, the Investigating Officer shall, if he is not satisfied with the report of the Agency address a questionnaire to the Agency for elucidation of specific questions and where he is satisfied that, in the light of the Agency’s report, any clarification in respect of the allegations contained in the complaint is required the complainant shall be asked to submit a rejoinder within thirty days, or such period as may be extended, on his request.
(2) The rejoinder shall be submitted giving reply to the specific points raised in the report of the Agency or raised by the Investigating Officer instead of reiterating the allegations made in the complaint:
Provided that where the Agency makes a request that any portion of the report of any document annexed to its report may be kept confidential, such portion of the report or, as the case may be, documents shall not be sent, to the complainant unless the Mohtasib decides otherwise.
(3) On receipt of rejoinder from the complainant, if the Investigating Officer finds that the complainant is satisfied with the report of the Agency and does not desire to pursue his case any further, the complaint shall be disposed of in terms of regulation 23(1)(g).
(4) Where the complainant reiterates his stand or opposes the claim of the Agency without any evidence or reasoning and the Investigating Officer is of the opinion that the Agency was not responsible for any maladministration, the complaint shall be disposed in terms of regulation 23(3).
(5) If the complainant fails to submit the rejoinder called for under sub-regulation (3) within the specified or extended period, the Investigating Officer may issue a notice by registered post to the complainant giving him fifteen days time to respond, failing which the case shall be disposed of on the basis of available record.
15. Further investigation.—(1) Where the Investigating Officer is of the opinion that the case need further probe, he shall bring out tire controversial points between the parties .for determination and for this purpose may—
(a) obtain further comments from the Agency;
(b) seeks clarification of any specific issue from the Agency or the complainant;
(c) calf the representatives of the Agency and the complainant for hearing;
(d) make inspections, inspect record and ask for production of record;
(e) require evidence to be produced through affidavit; and
(f) record the statements of the parties on oath:
Provided that, as far as may be, clarification, inspections and recording of evidence shall be confined to specific questions or points of controversy between the parties.
16. Hearing of cases.—(1) Hearings in a case shall be fixed only where some points of vital importance remain unresolved through correspondence.
(2) As far as may be, any officer of the Agency shall not be summoned by name for hearing and the Agency shall ordinarily be asked to depute an officer fully conversant with the facts of the case for the purpose of hearing.
(3) Heads of the Ministries, Divisions or Departments or the officers of the rank of Additional Secretary and above shall be summoned only with the approval of the Mohtasib.
(4) The representative of the Agency and the complainant wherever deemed appropriate,, may not be called for hearing on the same day if a confrontation or misunderstanding is anticipated.
(5) The hearings shall not be adversarial but in the nature of a conference for ascertaining facts, practice and procedures of the Agency relevant to the investigation ‘and efforts shall be made to resolve the matter through informal discussion and persuasion.
(6) The mutual agreement or undertaking given by parties may be recorded and signed by the persons representing the parties.
(7) If for any reason, the hearing is to be adjourned or fixed for another date or time, the Investigating Officer shall inform both the parties well in time of the next date of hearing and time thereof.
17. Inspections.—(1) Where an inspection of a place, or record at a particular place, or site, is necessary, the Investigating Officer shall, within the approval of the Mohtasib; proceed for the inspection of the spot or, as the case may, be, record after due intimation to the Agency:
Provided that, if the place of such inspection falls within the jurisdiction of any other Regional Office or Head Office, the case file may, with the, approval of the Mohtasib, be sent to such Regional Office or Head Office, highlighting the points in issue involved in the matter for carrying out inspection of the site or record, as the case may be.
(2) The file of the case shall be returned to the Investigating Officer after inspection of the spot or, as the case may be, record with the report of such inspection.
18. Requisitioning of record of Agency.—(1) Where it is necessary, the record of any Agency may be directed to be produced under clause (9) of Article 10 and clause (2) of Article 14:
Provided that if any portion of the record is required to be retained, an authenticated copy thereof shall be prepared and placed on the file for consideration.
19. Visitation of the Agency’s offices.—For the purpose of creating an environment of mutual trust for expeditious disposal of complaints, the Investigating Officer may, with the approval of Mohtasib, visit the Agency and discuss one or mere cases relevant to the Agency after due intimation to the Principal Officer of the Agency.
20. Information to the complainant. —(1) At any stage during the investigation, where the Investigating Officer desires to seek clarification on certain issues from the complainant, he may ask him on telephone or through a letter to appear, before him, and, likewise, where the complainant approaches him to ascertain the position of his case, he shall be briefed about the updated position of the case.
(2) During the investigation of protracted cases where disposal is likely to take more than three months for resolution, the complainant shall be kept posted of the development of his case at least once in every three months.
21. Transfer of cases.—(1) Where an Agency complained against is located within the territorial jurisdiction of any other Regional Office or the Head Office, the Mohtasib, may transfer such complaint to the concerned Regional Office or the Head Office, as the case may be.
(2) Whenever a case is transferred under sub-regulation (1), a brief summary of the proceedings conducted till the date of transfer shall be recorded on the order sheet.
22. Maintenance of files.—(1) The Investigating Officer shall ensure that the record of every complaint is properly maintained, the proceedings are reflected in chronological order in the order sheet as given in WMS-Form “E”
(2) The case file shall contain the following particulars on its cover, namely:–
(a) registration number of the complaint;
(b) date of receipt of the complaint by the Investigating Officer;
(c) complainant’s name;
(d) name of the Agency complained against;
(e) brief subject of the complaint;
(f) whether the file contains correspondence or noting or both;
(g) date of consignment to the record.
(3) The complainant along with cover sheets consisting of WMS Form “A”, “B” and “C”, shall be tagged on the right-hand side of the file, whereas the order sheet WMS-Form “E” shall be placed on the left *hand side of the file.
(4) The pages should be numbered in chronological order with the last numbered page appearing on the right hand side on the file.
(5) The order sheet WMS-Form “E” shall contain record of actions taken with dates for further processing and shall be used as noting part of the file for obtaining orders, instructions and directions of the Mohtasib.
PROCEDURE FOR DISPOSAL OF COMPLAINTS
23. Completion of Investigation.—(1) The investigation of a complaint shall, with the approv4 of the Mohtasib, be closed when it is found that:–
(a) the Agency alleged to have committed maladministration does not specifically fall within the jurisdiction of the Mohtasib, or
(b) the Agency is not at fault as a particular procedure has to be adopted or formalities have to be followed by the complainant for redress of his grievance(s); or
(c) the complainant fails to furnish the necessary information or supply relevant documents, or does not respond despite reminders, or fails to attend hearings despite notices and it is not possible to decide the complaint on the basis of the available record; or
(d) the relief had already been provided before the- complaint was lodged and the complainant confirms the redress of his grievance(s); or
(e) the complainant was entitled to relief, or, partial relief, and the Agency has accorded this after the complaint was lodged, or
(f) the Agency during the hearing of the complainant or its processing undertakes to provide the relief sought; or
(g) the complainant is satisfied with the report submitted by the Agency or does not. wish to pursue the case any further or withdraws the complaint; or
(h) the complainant and the representative of the Agency mutually agree on the redress of the grievance(s) through consent finding; or
(i) the subject-matter of the complaint does not call within the purview of P.O. No.1 of 1983; or
(j) the subject-matter of the complaint was or has become sub-judice before a Court of competent jurisdiction; or
(k) the complaint concerns matters, relating to the Agency in which the complainant is or has been working and the grievance relates, to his service therein; or
(l) the complaint is time-barred as it was made more than three months from the day on which the complainant first came to know of the matter and there are no special circumstances to condone the delay; or
(m) the complaint is premature as the cause of action has not yet
(n) the complaint does not disclose any cause of action to justify investigation; or
(o) the subject-matter of the complaint is the same as that already disposed of by earlier findings; or
(p) the original findings in respect of which the implementation petition has been moved have already been implemented, or the reconsideration petition filed by the Agency under Article 11(2) is pending consideration by this Office; or the Agency has, under Article 32, made a representation to the President.
(q) the complaint involves examination of witnesses, detailed interpretation of laws, rules, regulations or different clauses of contracts and their inter se relationship for which the proper forum is a Court of competent jurisdiction and not this Office; or
(r) the facts of the case are disputed by the parties and to establish the correct position requires a detailed examination of both documentary and oral evidence, and its assessment for which the proper forum is a Court of competent jurisdiction and not this Office; or
(s) the subject-matter of the complaint has already been adjudicated by a Court, Tribunal or a Board of competent jurisdiction.
(t) the complaint is not accompanied by WMS Form “A” or a solemn affirmation prescribed by regulation 3(4).
(u) the original findings, in respect of which the implementation petition has been moved, have been set’ aside by the President in accepting the representation of the Agency under Article 32.
(v) the complaint has been made by a person who is not an aggrieved person;
(w) the complaint is anonymous or pseudonymous.
(x) the Agency is not at fault as the redress of the grievance of the complainant by it has to follow an action to be taken by another Agency to which a reference for the purposes has been made;
(y) it warrants closure for a valid reason not covered by any of the preceding clauses.
(2) Where a complaint is closed under sub-regulation (1), it may, on sufficient reason being shown by the complainant, be reinvestigated.
(3) The complaint shall, on completion of the investigation and with the approval of the Mohtasib, be rejected when it is found that no maladministration was involved in the case or the complainant is not entitled to the relief claimed.
(4) The complaint shall, on completion of the investigation and with the approval of the Mohtasib, be accepted and recommendations for implementation issued under clause (1) of Article 11 when it is found that the Agency was responsible for maladministration and injustice to the complainant and such maladministration or injustice needs rectification.
24. Finding of the Mohtasib.—(1) In all cases under Regulation 23(1) where further investigation of the complaint is proposed to be closed, the Investigating Officer shall, subject to directions of the Mohtasib, prepare draft Finding on WMS-Form “F-I”.
(2) In all cases where further investigation of a complaint is closed under sub-regulation (1), the decision shall be communicated to the complainant and the Agency on WMS-Form “F-II”.
(3) In all cases where an investigation has been completed under ‘Regulation 23(3) or (4) and it is proposed to reject the complaint or accept it and make recommendations for implementation the Investigating Officer shall, subject to directions of the Mohtasib prepare draft findings on WMS Form “F-III”.
(4) In all cases where the complaint is rejected the decision shall be communicated to the complainant and the Agency involved in WMS Form “F-IV”
(5) In all cases where the complaint is accepted the decision shall be communicated to the complainant and the Agency involved in WMS Form “F-V”.
(6) The draft Findings shall, be simple, impersonal, persuasive and arranged in paragraphs duly numbered in chronological order.
(7) At the Head Office the draft Findings shall be submitted to the Mohtasib through his Secretary, while the Regional offices shall dispatch the drafts to Secretary to the Mohtasib, if so instructed otherwise, those shall be submitted to Mohtasib during his tour to the respective Regional Offices.
25. Completion of Findings and ‘consignment of files to Record.-*(1) After the Findings are signed by the Mohtasib—
(a) all drafts shall be destroyed;
(b) the signatures of the Mohtasib on the copies of the Findings prepared by the Office shall not be copied and only his name, designation and date shall be communicated to the parties; and
(c) the copies of the Findings shall be authenticated by the Investigating Officer and dispatched to the complainant and the Agency.,
(2) Important Findings may be circulated to the Regional Offices for information, while, with the approval of the Mohtasib, selected cases may be sent to the Public Relations Section at the Head Office for publication.
(3) Where a complaint is closed or rejected it shall be consigned to the Record within one month of the closure or rejection. Where the recommendations for implementation under clause (1) of Article 11 have been made, the file shall be retained by the Investigating Officer and consigned to record within one month of the confirmation of implementation of the recommendations by the Agency or the complainant. ‘
(4) The Investigating Officer shall Till in the WMS Form “R” in duplicate and send one copy to the Computer Section at the Head Office for updating the record and place the other copy on the relevant file which should then be consigned to the Record. ‘
26. Reconsideration Petition.—(1) In case an Agency give reasons in terms of ‘ Article -i 1(2) for not being able to comply with the recommendations a- copy thereof shall, in terms of Article 11(2-A), be supplied to the complainant in WMS-Form “F-VI” for a response and he should also be provided an opportunity of being heard.
(2) On receipt of a reply from the complainant and considering his pleadings during the hearing, if any the Investigating Officer shall examine the reasons given by the Agency under sub-regulation. (1) for non-compliance of the Recommendations and submit the case to the Mohtasib in WMS-Form “F-VII” (Revised Findings) for orders in-terms of Article 11(2-A).
(3) On considering the case submitted by the Investigating Officer under sub-regulation (2), the Mohtasib shall pass such orders thereon as deemed appropriate and have them communicated to the complainant and the Agency in WMS Form “F-VIII” and “F-IX” in case of recall or modification of the original Findings as the case may be, respectively.
27. Non-compliance Petition.—(1) -Where the Findings and Recommendations of the Mohtasib in a complaint have not been sought to be modified or recalled by the Agency in terms of Article 11(2), and nor have been represented against to the President under Article 32, or after this has been done and Revised Findings/Recommendations have been issued, or orders of the President have been obtained and the Recommendations have not been implemented, or partially implemented, the complainant may move a non-compliance petition.
(2) On receipt of a petition under sub-regulation (1), the Investigating Officer concerned shall process – and investigate it in accordance with the procedure laid down for processing and investigation of complaint and submit it in WMS-Form “F`-III” to the Mohtasib for orders.
(3) The orders of the Mohtasib shall be communicated to the complainant and the Agency in WMS Form “F-X”, “F-XI” or “F-XII” whichever may be relevant.
28. Correction of errors, mistakes, misrepresentation, etc.—(1) Where through any typographical error, mistake or misrepresentation by the complainant or the Agency, an incorrect figures, fact or-position is reflected in the Findings and Recommendations, the Investigating Officer shall, on its coming to notice, and after giving the complainant and the Agency an opportunity of being heard, submit the case to the Mohtasib in Form WMS-Form “F-XIII” for consequential rectification or modification of the original Findings and Recommendations, wherever needed.
(2) In all cases where the consequential rectification or modification is approved the decision shall be communicated to the complainant and the Agency on WMS Form “F-XIV”.
29. Special report.—(1) Where the recommendations have been made to the Agency and the reasons put forth by it under clause (2) of the Article 11 are not to the satisfaction of the Mohtasib, a special report to the President may be initiated under clause (4) of Article 11 for which a show causes notice in WMS-Form “G” shall be issued to the Agency informing it about the decision of the Mohtasib for making such report.
(2) When an Agency complies with the recommendations before making of the special report, the case shall be closed and the special report shall not be forwarded.
(3) If after receipt of the recommendations of Mohtasib, an Agency does not within the specified time comply with the recommendations or gives reasons to the satisfaction of Mohtasib for non-compliance, proceedings shall be initiated by the Mohtasib for Defiance of Recommendations.
30. Proceedings under Defiance of Recommendations.–(1) Where it is proposed to initiate proceedings for “Defiance of Recommendations” in terms of Article 12 of the Order against a public servant, .the Investigating Officer concerned shall submit a self-contained case to the Secretary along with a show-cause notice in WMS Form “H” in the case of Regional Offices should be done through the Officer Incharge of the Office.
(2) The Secretary shall, with the approval of the Mohtasib, cause the notice to be served on the public servant concerned.
(3) After considering all the facts of the case, including the response of the public servant to the show-cause notice under sub*-regulation (2), the Mohtasib may refer the matter to the President under Clause (1) of Article 12.
31. Communication of Orders of the President.—-(1) The orders of the President passed on a report for “Defiance of Recommendations” under Article 12 of the Order, or any other report under Article 28 or on a representation made under Article 32, shall, on receipt by the Mohtasib’s office, it communicated to the public servant and the concerned Agency for information and appropriate action.
(2) Where on any matter submitted under sub-regulation (1), the President orders re-investigation or further investigation, this shall be undertaken in accordance with these Regulations.
32. Monthly Progress Report.—(1) Every Investigating Officer shall submit monthly reports in WMS-Form “I” to the Computer Section at the Head Office for onward submission to the Mohtasib.
(2) The officer at the Regional Offices shall submit monthly reports through Incharge Regional Offices who may add their comments on the covering note.
33. Notices.—(1) A notice in WMS-Form. “J” shall be issued to the complainant by registered post if he fails to—
(a) furnish required information or document;
(b) confirm or verify the complaint or its contents;
(c) submit rejoinder or rebuttal within the specified time;
(d) confirm the compliance of the procedural requirements of the Agency; arid
(e) confirm the provisions of relief:
(2) If an Agency does not furnish comments within the specified time or the extended period despite reminder, a notice to show-cause shall be issued to such Agency in WMS-Form “K”.
(3) Where a public servant or functionary of any Agency fails to comply with the directions of the Mohtasib and a disciplinary action under clause (5) of Article 14 is proposed to be recommended, a notice to show cause shall be issued to him in WMS7Form “L” and where the Mohtasib decides to recommend criminal or disciplinary proceedings against such public servant or functionary under clause (6) of Article 14, a notice to show-cause may be issued to him in WMS-Form “M”.
(4) Where the Mohtasib rejects a complaint being false, frivolous or vexatious and decides to award compensation to an Agency public servant or other functionary under clause (4) of Article 14, before awarding such compensation, the Mohtasib may issue show-cause notice to the complainant in WMS-Form “N”.
(5) Where Mohtasib contemplates to proceed against an Agency public servant or others functionary for contempt of his office a notice to show cause may be issued in WMS-Form “O”, while in a case where such proceedings are contemplated against the complainant or any other person, such notice shall be issued in WMS-Form “P”.
(6) Where the Mohtasib considers that the complainant has suffered loss or damage on account of maladministration of an Agency or any other public servant or any other functionary and deserves awarding of compensation under Article 22, such Agency, public servant ox functionary may be issued a notice to show cause in WMS Form “Q” before awarding compensation.
(7) As far as may be, all notices shall be issued registered cover and special care shall be taken to record the correct mailing address.
(8) Separate registers shall be- maintained by each Investigating Officer to record the particular of cases in which notices are issued under these Regulations.
(9) The form of the notices specified in these Regulations shall, as far as possible, be followed, while the contents of notices may be varied keeping in view the facts of each case and directions of the Mohtasib.
34. Reference from the President and other authorities, etc.–*Where the Mohtasib is asked by the reference from the President or the Parliament or by a motion of the Supreme Court or a High Court under clause (1) of Article 9 for investigation into any allegation of mal*administration on the part of any Agency or of any of its officers or employees, such reference or the motion shall be dealt with in accordance with these Regulations as if the reference or, as the case may be, motion was a complaint against such Agency or any of its officers or employees and the provisions of these Regulations shall, mutates mutandis apply thereto.
35. Supersession. —These regulations shall supersede the Wafaqi Mohtaisb (Investigation and Disposal of Complaints) Regulations, 1999.
WMS Form “A”
[see regulations 3(3); (4)]
For use by the complainant
BEFORE THE WAFAQI MOHTASIB
Islamabad/Lahore/Karachi/Peshawar/Quetta/Sukkur/Multan/ Faisalabad & D.I.
1. _______________ Name and Address of the complainant
2. _______________ National Identity Card No.
3. _______________ Telephone No. if any.
4. _______________Name of the Agency complained against
5. Main grievance requiring redressal
(detailed complaint is annexed)
5. __________________________________________________ __________ Prayer
The complaint can be presented to the Wafaqi Mohtasib in any one of the following ways:–
a. It can be sent to any of the Offices of Wafaqi Mohtasib by post.
b. b. It can be presented to the Incharge Central Registry/Receipt and issue section, of any of the offices during the office hours