Pak Law: Wafaqi Mohtasib (Investigation and Disposal of Complaints) Regulations, 2003.

WAFAQI MOHTASIB (INVESTIGATION AND DISPOSAL OF COMPLAINTS)

REGULATION, 2003

[Gazette of Pakistan, Extraordinary, Part-II 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:--

CHAPTER-1

INTRODUCTION

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;

(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).

CHAPTER-II

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 therto;

(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.

CHAPTER-III

PROCEDURE FOR PROCESSING OF COMPLAINTS BY INVESTIGATING OFFICERS

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 thel 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;

(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 br 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;

(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.

CHAPTER-IV

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.

CHAPTER-V

MISCELLANEOUS

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;

(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 maladministration 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. Khan.

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. It can be presented to the Incharge Central Registry/Receipt and issue section, of any of the offices during the office hours ~on working days, who shall issue a receipt on the prescribed Form.

c. A complaint can also be presented to the Wafaqi Mohtasib in person at the Had Office, Islamabad or any Regional Office, when he happens to be there.

4. The Wafaqi Mohtasib can investigate complaints of maladministration against any Federal Ministry/Division/Department/ Corporation/Commission/Institution/Statutory Body established or controlled by the Federal Government but does not include the Supreme Court, the Supreme Judicial Council, the Federal Shariat Court or High Court and the Federal 'Public Service Commission (FPSC). Complaints pertaining -to Pakistan's relations with Foreign State, and Defence matters or complaints against the Armed Forces fall outside his jurisdiction. Similarly a matter which is subjudice at the time of filing of a complaint, or complaints by or on behalf of a public servant or functionary concerning any matter relating to the Agency in which he is, or has been working, are barred. (Detailed information with regard/to the jurisdiction of the Wafaqi Mohtasib can be obtained personally or by post from any of the offices of Wafaqi Mohtasib).

5. It is advisable to represent to higher, authorities of the concerned Agency before making a complaint to the Wafaqi Mohtasib.

6. Copies of relevant documents and the latest correspondence with the Agency should, if possible, be annexed, to the complaint.

7. The receipt of the complaint is acknowledged and the orders passed by the Wafaqi Mohtasib with regard to its admission-or rejection are communicated to the complainant within a month of the receipt of the complaint. However, after investigation has commenced, the complainant' is informed of the position of his case at least once in three months: If the complainant does not receive any information during the prescribed period, he can contact the Director-General (Complaints) or the dealing officers personally or through post or Telex or on telephone, as convenient.

8. The Investigating Officer can also be contacted by telegram or telephone in important matters.

WMS Form “A"

AFFIDAVIT

7. ___________________________________ do here solemnly affirm.

a. That the facts mentioned in this complaint are correct to the best of my knowledge and belief.

b. That no complaint on this 'subject has previously been lodged with the Wafaqi Mohtasib by me, or on my behalf, in the Head Office or any of the Regional Offices.

* That a complaint No. _ _ _ _ dated _ _ _ _ has previously been lodged with the Wafaqi Mohtaisb on this subject.

c. That no suit, appeal, petition or other judicial proceeding in connection with the subject-matter of this complaint is pending in any Court or Tribunal.

That a suit, appeal, petition or other judicial proceeding in this connection is pending before the --------------------- Case No.--------------

d. I made a representation to the senior Officers of the Agency in this connection but have failed to elicit a reply/my representation has been unjustly turned down. (Copies of correspondence are attached).

Signature/Thumb Impression of the Complainant

* Delete if not applicable

Reverse side of WMS/Form "A"

INSTRUCTIONS

1. The complaint need not be accompanied by this Form if all the particulars required for -registration of the complaint are included on a plain paper.

2. Addresses of the Offices of the Wafaqi Mohtasib:--

A	Wafaqi Matasib Secretariat, Zero Point, Islamabad	P.O. Box No. 1992 Tele Nos. Exchange: 9201.665 68 Fax No: 9210487 E-mail mohtasib@paknet2.ptc.pk
b.	b. Wafaqi Mohtasili Secretariat, Regional Office, 3rd Floor, State Life. Building; 15-A,. Davis Road, Lahore.	Tele, Nos. Exchange: 9201017-20 Fax No.9201021 E-mail: wmsrol@paknet4.ptc.pk
c.	Wafaqi Mohtasib Secretariat, Regional Office, 4-B, Federal Govt. Secretariat, Saddar, Karach-6.	Tele No. Exchange: 9205250 Fax No.9202121 E-mail wmstrok@khi.paknet.com.pk
d.	Wafaqi Mohtasib Secretariat Office, 1^st Floor; Benevolent Fund Building, Peshawar Cantt:.	Tele No. Exchange: 9211570 Fax No.9211571 Email: wafaqi@psh.paknet.com.pk
e.	Wafaqi Mohtasib Secretariat Regional Office, Barganza Villas, Qaddafi St. Link Zarghoon Road, Quetta.	Tele No.9202679 Fax No.9202691 E-mail: wmohtsib@qta.paknet.com.pk
f.	Wafaqi Mohtasib Secretarait, Regional Office, 38-A, Friends' Cooperative Housing Scheme, Shikarpur Road, Sukkur.	Tele No.32390 Fax No.32392 E-mail: wmrosuk@hyd.paknet.com.pk
g.	Wafaqi, Mohtasib. Secretariat, Regional Office, 23-G, Shah Rukhn-e-Alam Colony, Near Under Pass, Multan	Tele No.9220183 Fax No.9220182 E-mail: wmsrom@mul.paknet.com.pk
h.	Wafaqi Mohtasib Secretariat, Regional Office, OPP.GOR-I1, Akbar Abad Chowk, Jail. Road, Faisalabad.	Tele No.9200551 Fax No.9200501 E-mail: wms@fsd.paknet.com.pk
i.	Wafaqi Mofitasib Secretariat, Regional Office, H.No.31/4, Quaid-e-Azam Road, D.I Khan.	Tel No: Fax No: E-mail.

WMS Form "C"

[see regulation 7(3) & 22(3)]

For presentation of complaint

in person To the Wafaq

Mohtasi

WAFAOI MOHTASIB (OMBUDSMANS') SECRETARIAT

PENDING CASE

No. ____________________________

____________________________

Fresh complaint Investigating Officer ________________

_______________________________

(File to be linked).

Name of the complainant _______________________________

Name of the Agency _______________________________

Brief subject _______________________________

_______________________________

Orders by the Wafaqi Mohtasib _______________________________

_______________________________

WMS Form "D

[see a regulation 6]

Monthly Institution and Disposal Statement of Complaint

(Calendar Years __________and___________)

			Head Office	Lahore	Karachi	Peshawar	Quetta	Sukkur	Multan	Faisalabad	D.I.Khan	Total	Percent
January	2003	Institution
	2003	Disposal
	2004	Institution
	2004	Disposal
February	2003	Institution
	2003	Disposal
	2004	Institution
	2004	Disposal
March	2003	Institution
	2003	Disposal
	2004	Institution
	2004	Disposal
April	2003	Institution
	2003	Disposal
	2004	Institution
	2004	Disposal
May	2003	Institution
	2003	Disposal
	2004	Institution
	2004	Disposal
June	2003	Institution
	2003	Disposal
	2004	Institution
	2004	Disposal
July	2003	Institution
	2003	Disposal
	2004	Institution
	2004	Disposal
August	2003	Institution
	2003	Disposal
	2004	Institution
	2004	Disposal
September	2003	Institution
	2003	Disposal
	2004	Institution
	2004	Disposal
October	2003	Institution
	2003	Disposal
	2004	Institution
	2004	Disposal
November	2003	Institution
	2003	Disposal
	2004	Institution
	2004	Disposal
December	2003	Institution
	2003	Disposal
	2004	Institution
	2004	Disposal
Total	2003	Institution
	2003	Disposal
	2004	Institution
	2004	Disposal

*With the passage of each year these will change and be reflected accordingly.

WMS Form "B"

[see regulation 4(1), 7(5), 22(3) & 25(4)]

For Registration

WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETARIAT

{Station and Date}

complaint No. ------------

1. __________________ Name, address of the complainant.

______________________________________________________

2. __________________ National Identity Card No. and telephone No. (if any)

____________________________________Agency complained against

______________________________________________________

4. __________________ Main grievances of the complainant

______________________________________________________

5. Remarks of the Registrar ____________________________________

_________________________________________________________

Registrar

Director/Director General

6. __________________ Order of the Wafaqi Mohtasib/Authorised Officer

______________________________________________________

WAFAQI MOHTASIB/

AUTHORISED OFFICER

7. Date of forwarding of complaint to the investigating Officer _________________

2. _____________________ Date of Registration:

3. _____________________ Name & Address of the Complainant

4. _____________________ Name of the Agency Complained Against ;

5. _____________________ Name of the Investigating Officer

*6. _____________________ Subject of Complaint:

* [If a non-implementation petition mention as such in front of this]"

THE COMPLAINT

This part should specifically, contain the grievance of the complainant and the relief sought. All what the complainant has said should not be recorded. Only a gist of the main points should be reflected. This may be done either in running form or in numbered subparagraphs, the objective being to bring out the facts clearly and succinctly: Any law, regulation, rule or instruction, if specifically mentioned by the complainant, should be indicated. The specific relief sought by the, complainant should be recorded in his language. If, however, the relief sought is couched in general terms, then its most accurate meaning and intent should be noted.

REPORT OF THE AGENCY

If the Agency/Department confirms all or some facts stated by the complainant then only say that it `confirms' such and such facts. If it, however, refutes any of these facts or brings to light new facts, then these should be listed separately. In addition if it refers to a specific law, rule, regulation or instruction on which it wants to rely in support of its contention, then this must be noted clearly.

COMPLAINANT'S REJOINDER

Complainants tend to be repetitive in their rejoinders. Therefore, only the new points, if any, may be recorded. If there are no new points then it would suffice to say that "the complainant has nothing to add to his complaint" or `the complainant has reiterated the position indicated in his complaint."

POINTS AT ISSUE

At this sage it is important that the points which need to be examined in the light of the complainant's stand and the response of the Agency/Department should be listed. These are points of fact and law which must be resolved to accept the version of one or the other party, in whole or in part, and to be able to arrive at the findings and flowing from them, the Recommendations. These points of fact and law should, preferably, be listed very briefly, in the form of sub-paragraph, and kept in mind when conducting the hearing(s) and subsequently when recording the Findings/Recommendations.

HEARING PROCEEDINGS

The purpose of hearings(s) is to enable the Investigating Officer to clear his doubts in respect of points at issue which remain unresolved through correspondence and enable the parties to reach an agreement, if possible. Mutual agreement or undertaking given by the parties should be recorded and signed by them. Each party should be allowed to say whatever it wants to but irrelevant details may be tactfully discouraged. At the end of the hearing the versions of both parties must be recorded in their presence to ensure that all- points made by each have been recorded to, their satisfaction. No law point or fact claimed on the basis of documentary evidence should be accepted without the relevant document being produced by the party which wants to rely on it.

FINDINGS

Findings should be based on and flow from an analysis of the facts of the case in the light of law, rules, regulations and instructions applicable to it and related to the pleadings of the complainant and the stand by the Agency. They should be brief and to the point and couched in moderate' language. Facts arrived at and points relating to law, regulations, rules and instructions admitted as applicable must be clearly recorded to show the correct position in the circumstances of the case.

RECOMMENDATIONS FOR IMPLEMENTATION

if "maladministration" is established, the applicable portion of Article 2(2)(i) or (ii) of President's Order No.1l of 1983; should be referred to so as to indicate its nature. The recommended relief to the complainant should be clearly and unambiguously specified. If no "maladministration" is established the complaint should be rejected and the case closed. However, recommendations of a general nature, if warranted by the circumstances of the case may be recorded. The concluding paragraph, where relief has been recommended, should always be to the effect of requiring the Agency to implement the recommendations within a specific time period or to inform the Wafaqi Mohtasib of its reasons for non-compliance in terms of Article 11(2) of the President's Order No.1 of 1983.

Wafaqi Mohtasib (Ombudsman)

Dates: _________________

WMS Form "E"

[see regulation 221), (3) & (5)]

Order Sheet

WAFAQI MOHTASIB (OMBDUSMAN)'S SECRETARIAT

Date	Brief steps taken in the case	Next date fixed

WMS Form "F"

[see regulation 24(1)]

WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETARIAT

CLOSURE FINDINGS

Complaint No. ___________________________________

Date of Registration _______________________________

Name & Address of the Complainant__________________

Name of the Agency: ______________________________

Brief Subject: ___________________________________

Name of the Investigating Officer : ___________________

TEXT

Note: This should include the essence of the complaint, the prayer of the complainant, response of the Agency, wherever required, and the grounds for closure of the complaint which, in the case of want of jurisdiction, should be with reference to the relevant Article of P.O. No.1 of 1983, i.e., Article 2(1), Article 9(1)(a)(b)(c), Article 9(2), Article 10(2) and (3) and to the relevant provision of Regulation 24(1) of the Wafaqi Mohtasib (Investigation and Disposal of Complaints) Regulations, 2003. The concluding paragraph should relate to soliciting the approval of the Honourlible Wafaqi Mohtasib to close further investigation into the complaint.

(Signature of Investigating Officer)

Date:

Station:

WMS -Form-" F-II"

[see regulation 24(2)] Intimation

to the complainant and the Agency

about closure of further investigation

of complaint.

WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETARIAT

{Station and Date)

Complaint No. ___________________________________

1. [Name and address of the Complainant]

2. [Agency]

With reference to the above cited complaint you are hereby informed that after examination of the case Honourable Wafaqi Mohtasib has been pleased to close further investigation of the complaint for the reason that:--

------------------------------------------------------------------------------------------------

2. In case the above reason leading to the closure of the case has ceased to exist, you may, if you so wish, again approach this Office for consideration and redress of your grievance.

BY ORDER OF THE HONOURABLE WAFAQI MOHTASIB

Signature

Name and designation of Investigating Officer.

WMS Form "F-III"

[see regulation 24(3) and 27(2)]

Form of Findings

WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETARIAT

FINDINGS

1. ________________________Complaint Number

above recommendations for implementation to the following effect, were given. by the Wafaqi Mohtasib:--

________________________________________________________________________

and whereas the Agency have now; in terms of Article 11(2) of President's Order No. 11 of 1983 reproduced below, reverted to this Office and made a request for reconsideration of the matter in terms of Article 11(2A) of President's Order No. 1 of 1983, reproduced below, for the reasons indicated in its letter No. ___________ of __________ (copy enclosed).

Now, therefore, you are hereby called upon to attend a hearing in this regard as envisaged under the proviso to Article 11(2A), fixed in this Office as indicated in the subject and show cause as to why the recommendations in question should -not be altered modified, amended or recalled. Failure to attend the hearing, without adequate, reasons being intimated, would lead to an exparte decision in the matter.

BY ORDER OF THE HONOURABLE WAFAQI MOHTASIB

Signature

[Name and designation of Investigating Officer]

Article 11(2)

"The Agency shall, within such time as may be specified by the Mohtasib, inform him about the action taken on his recommendations or the reasons for not complying with the same".

Article 11(2A)

"If after considering the reasons of the Agency in respect of his recommendations under clause (2), the Wafaqi Mohtasib is satisfied that no case of maladministration is made out he may alter, modify, amend or recall the recommendations made under clause (1):

Provided that where the order is made on a complaint, no order shall be passed unless the complainant is given an opportunity of being heard."

WMS Form "F-VII"

[See regulation 26(2)]

WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETARIAT

REVISED FINDINGS

i. No. of Original Complaint __________________________

ii. Date of Registration: ______________________________

iii. Name and Address of the complainant________________

iv. Name of the Agency_____________________________

v. Name and Designation of__________________________

the Investigating Officer

vi. Subject of the Original Complaint___________________

vii. Date of Findings in_____________________________

Original Complaint

viii. Date of Registration of__________________________

Reconsideration Petition

by the Agency

ix. Name & Designation of__________________________

the Investigating Officer,

if different, from (v)

GIST OF ORIGINAL FINDINGS/RECOMMENDATIONS

The portion should, as the title indicates, contain a gist of the Findings in -the original complaint and the Recommendations for implementation flowing therefrom.

REASONS FOR RECONSIDERATION

2. Under this should be indicated, in clear and concise terms, the reasons advanced by the Agency for not complying with the recommendations and desiring an alteration, modification, amendment or recall of the original recommendations. Only, new points of facts or law raised by the Agency to be given. Where indicated by the Agency, the extent of the alteration, modification or amendment should be clearly spelled out.

VMS Form "F-IV"

[see regulation 24(5)]

[Intimation to the Complainant and the

Agency about acceptance of the complaint]

WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETARIAT

Complaint No. ______ (Station and Date)

(Name and address of the Complainant)

Subject: ____________________________________________

A copy of Wafaqi Mohtasib (Ombudseman) Findings dated rejecting your complaint is enclosed for information.

2. Your attention in this regard is invited to the provisions of Article 32 of P.O. No.1 of 1983, under which you may within thirty days make a representation to the President against the above, Findings, who may pass such order thereon as he may deem fit.

BY ORDER OF THE HONOURABLE WAFAQI MOHTASIB

Signature

(Name and designation of Investigating Officer)

Copy to the Agency

WMS Form "F-V"

[see regulation 24(5)]

[Intimation to the Complainant and the

Agency about acceptance of the complaint]

WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETAIRAT

Complaint No. __________ {Station and Date)

(Agency)

2. (Name and address of the, Complainant)

Subject: ______________________________________________

A copy of Wafaqi Mohtasib (Ombudsman)'s Findings/Recommendations dated _______ in the complaint cited above is enclosed for information.

2. The Agency, in germs of Article 11(2) of P.O. No. 1 of 1983 is required to:--

(i) intimate to this Office compliance of the recommendations contained in the Findings within the frame specified therein; or

(ii) intimate to this Office, over the .signatures of the Principal Officer of the Agency or an officer nominated by him for the case seeking alteration, modification, amendment or recall of the said recommendations in-terms of Article 11(2A) ibid.

3. Attention is also invited to the provisions of Article 32 of the Order, under which any person, aggrieved by a decision or an order by the Wafaqi Mohtasib may also, within 30 days of the decision or order, make a representation to the President, who may pass such order thereon as he may deem fit.

ORDER OF THE HONOURABLE WAFAQI MOHTASIB

Signature

(Name & designation of Investigation Officer)

WMS Form "F-VI"

[See regulation 26(2)]

Notice for Hearing

WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETARIAT

Complaint No. ___________________________________

Date of Registration________________________________

Name of Complainant______________________________

Date of Findings __________________________________

___________

SUBJECT: Notice to the Complainant under Article 11(2A) of Order No. 1 of 1983 for Hearing on ___________ at ____________

Whereas in the complaint, the particulars of which are indicated.

RESPONSE OF THE COMPLAINANT

3. Where the reconsideration petition is filed on the basis of an order (findings) made on a complaint, an opportunity of being heard must be afforded to the complainant under Article 11(2-A) as laid down in Head Office Circular by HWM(01) (Hearing Notice Complainant) dated 27-11-2002, with which the prescribed format for the purpose was circulated. It must be ensured that the requirement of a notice to the complainant as required under Regulation 26(1) of the Wafaqi Mohtasib (Investigation and Disposal of Complaints) Regulations, 2003, in the prescribed format is complied with and an opportunity provided to the complainant for putting in his response before the hearing proceedings are undertaken. The response of the complainant, if provided in writing, should be clearly and concisely indicated without necessarily repeating it verbatim.

POINTS AT ISSUE

4. The point(s) at issue should be "case specific" and not "generic" and must relate to whether the reasons advanced by the Agency for not complying with the recommendations, warrant any alteration, modification, amendment or recall of the original recommendations. and, if so, to what extent?

HEARING PROCEEDINGS

5. This para. should contain the gist of the pleadings of both parties in the hearings, relating to their respective stands and should, as far as possible, be confined to the points or issues raised in the reconsideration petition and, wherever provided, the written response of the complainant.

REVISED FINDINGS

6. These should be limited to the position emerging on the points at issue from the reconsideration petition the response in writing, if any, of the complainant and the substance of the hearing proceedings and specifically indicate the extent to which, if any; the original findings need to be, altered, modified, amended or recalled. If .no ground has been established for any change in or recall of the original findings, they should be upheld, the reconsideration petition rejected and the Agency asked to implement them within the originally indicated timeframe to commence from the date of receipt of copy of the revised findings. If the original, findings are to be changed or recalled the conclusion as such -should be mentioned here leaving the exact nature and specifics 'of the final recommendations to be indicated under the next caption.

FINAL RECOMMENDATIONS FOR IMPLEMENTATION

7. These should flow from the findings and be indicated in specific, clear and unambiguous terms for implementation by the Agency within a specified timeframe The concluding part should specify that in case the Agency continues to be aggrieved by these final recommendations it may, if it so desires, prefer a representation to the President under Article 32 of P.O. No. 1 of 1983, within thirty days of the receipt of a copy of the final recommendations.

Wafaqi Mohtasib (Ombudsman)

Dated: ___________________

WMS Form "F-VIII"

[See regulation 26(3)]

(To be used in case

of recall of the original

Findings/Recommendations)

WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETARIAT

Complaint No. ____________ (Station and Date)

1. (Name of the Agency)

2. (Name and address of the Complainant)

Subject: Communication of Revised Findings/Recommendations in Terms of Regulation 26(3) of the Wafaqi (Investigation and Disposal of Complaints) Regulations, 2003.

Reference Agency's letter No. _________________ dated ____________ intimating the reasons for not complying with the Findings/Recommendations dated___________ in Complaint No._________________.

2. After due consideration the Honourable Wafaqi Mohtasib has been pleased to approve the Revised Findings (copy enclosed) dated _____________ in which the original Findings/Recommendations dated ____________ have been recalled in terms of Article 11(2A) of P.O. No. 1 of 1983.

4. It is, however, brought to the notice of the complainant that if he is not satisfied with the Revised Findings/Recommendations he can exercise his option for a representation to the President in terms of Article 32 of P.O. No. 1 of 1983.

BY ORDER OF THE HONOURABLE WAFAQI MOHTASIB.

Signature

(Name & Designation of Investigating Officer)

WMS Form "F-IX"

[See regulation 26(3)]

(To be used in case of

alteration, modification

and amendment of original

Findings/Recommendations)

WAFAQI MOHTASIB (OMBUDSMAN'S SECRETAIRAT

Complaint No. ___________ (Station and Date)

1. (Name of the Agency)

2. (Name and address of the Complainant).

Subject: Communication of Revised Findings/Recommendations in Terms of Regulation 26(3) of the Wafaqi (Investigation and Disposal of Complaints) Regulations, 2003.

Reference Agency's letter No. ____________ dated __________ intimating the reasons for not complying with the Findings/ Recommendations dated _______ in Complaint No. ____________

2. After due consideration the Honourable Wafaqi Mohtasib has been pleased to approve the Revised Findings (copy enclosed) dated in which the earlier Findings and Recommendations have been modified to the extent shown.

3. The Agency is hereby called upon to comply with and implement the Revised Findings/Recommendations within the time-frame indicated therein as required by Article 11(2) of P.O. No. 1 of 1983.

4. It is, however, brought to the notice of both the Agency and the complainant that in case either of them is not satisfied with the Revised Findings the option for a Representation to the President in terms of Article 32 of P.O. No. 1 of 1983 can be exercised.

BY ORDER OF THE HONOURABLE WAFAQI MOHTASIB.

Signature

(Name & designation of Investigating Officer)

WMS Form "F-X"

[See regulation, 27(3)]

(To be used in cases where

recourse to Article 11(2)

and 32 has not been made)

WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETARIAT

Complaint No. _________ {Station and Date}

____________

Subject: Communication of Orders of Wafaqi Mohtasib to the Agency about Non-compliance of Findings/Recommendations.

Whereas the above mentioned complaint was investigated by this office and through his findings dated the Wafaqi Mohtasib, in accordance with Article 11(1) of the Establishment of the Office of Wafaqi Mohasib (Ombdusman) Order, 1983 (President's Order No. 1 of 1983) hereinafter referred to as the Order, had recommended that---

_______________________________________________________________________

a gist of the recommendations contained in the Findings]

_______________________________________________________________________

And Whereas the record shows that you did not intimate the reasons for non-compliance to this Office in terms of, Article 11(2) of P.O. NO: 1 of 1983 and nor did you exercise the option of representing to the President in terms of Article 32 thereof.

Now, therefore, you are hereby, called upon, to comply with the said Recommendations of the Wafaqi Mohtasib within fifteen days of the receipt of a copy of this Notice, failing which necessary action under Article 12 of the Order for Defiance of Recommendations will be initiated against you by a Reference to the President. The implementation report should reach this Office by _______________.

A copy of the said Findings dated ___________ is enclosed.

BY ORDER OF THE HONOURABLE WAFAQI MOHTASIB

Signature

{Name & designation of Investigating Officer}

WMS Form "F-XI"

[see regulation 27(3)]

(To be used in cases whereas

a result of recourse to Article 11(2)

revised Findings have been issued)

WAFAQI MOHTASIB (OMBUDSMAN) 'S SECRETARIAT

Complaint No. __________ {Station arid Date}

___________

Subject: Communication of Orders of Wafaqi Mohtasib to the, Agency about Non-compliance of Findings/Recommendations.

Whereas the above mentioned complaint was investigated by this office and through his findings dated _______ the Wafaqi Mohtasib, in accordance with Article 11(1) of the Establishment of the Office, of Wafaqi Mohasib (Ombdusman) Order, 1983 (President's Order No.1 of 1983), hereinafter referred to as 'the Order, had recommended that:--

____________________________________________________________________

[a gist of the recommendations contained in the Findings]

____________________________________________________________________

And whereas having recourse to the provision of Article 11(2) of the Order you intimate to this office reasons for non-compliance of the findings/Recommendations of the Wafaqi Mohtasib dated ___________

And whereas pursuant to this Revised Finding dated ____________ were issued by the Mohtasib in terms of Article 11(2A) of the order, and these have not been represented against to the President in terms of Article 32 thereof and nor have its recommendations been -implemented.

Now, therefore, you are hereby called upon to comply with the said Recommendations of the Wafaqi Mohtasib within fifteen, days of the receipt of a copy of this Notice, failing which-necessary action under Article 12 of the Order for Defiance of Recommendations will be initiated against you by a Reference to the President. The implementation report should reach this Office by A copy of the Revised Findings dated_______ is enclosed.

BY ORDER 6F THE HONOURABLE WAFAQI MOHTASIB

Signature

{Name & designation of Investigating Officer}

WMS Form "F-XII"

[see Regulation 27(3)]

(To be used in cases where a representation to

the President against Findings or Revised Findings

has been made and rejected)

WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETARIAT

Complaint No. __________ (Station and Date)

______________

Subject: Communication of Orders of Wafaqi Mohtasib to the Agency about Non-compliance of Findings/Recommendations.

Whereas the above mentioned complaint was investigated by this office and through his findings dated the Wafaqi Mohtasib, in accordance with Article 11(1) of the Establishment of the Office of Wafaqi Mohasib (Ombdusman) Order, 1983 (President's Order No.1 of 1983), hereinafter referred to as the Order, had recommended that---

________________________________________________________________________

[a gist of the recommendations contained in the Findings]

________________________________________________________________________

And whereas your representation to the President in terms of Article 32 P.O. No.1 of 1983 was rejected.

Now, therefore, you are hereby called upon to comply with the said Recommendations of the Wafaqi Mohtasib within fifteen days of the receipt of a copy of this Notice, failing which necessary action under Article 12 of the Order for Defiance of Recommendations will be initiated against you by a Reference to the President. The implementation report should reach this Office by ______________.

A copy of the said Findings dated ____________ is enclosed.

BY ORDER OF THE HONOURABLE WAFAQI MOHTASIB

Signature

{Name & designation of Investigating Officer}

WMS Form "F-XIII"

[See Regulation 28(1)]

WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETARIAT ISLAMABAD

RECTIFIED FINDINGS

i. No. of original Complaint _______________________

ii. Date of Registration _______________________

iii. Name and Address of the _______________________

Complainant

iv. Name of the Agency _______________________

complained against

v. Name and Designation of _______________________

the Investigating Officer

vi. Subject of the Original _______________________

Complaint

vii. Date of Findings in original _______________________

complaint

viii. Date of Supplementary _______________________

Complaint

ix. Name and Designation of _______________________

the Investigating Officer, if

different from (v)

THE ERROR(S), MISTAKES) MISREPRESENATION REQUIRING RECTIFICATION

This part should briefly mention the typographical errors, mistakes or misrepresentation requiring correction and rectification with reasons.

COMMENTS OF COMPLAINANT OR AGENCY (IF NEEDED)

Such comments may not be needed in every case and, therefore, Should be called for only when required on account of the likely impact of the correction or rectification on the earlier Findings and Recommendations.

HEARING PROCEEDINGS

Hearing should be held only where deemed appropriate, otherwise the matter should be considered on the basis of the record.

RECTIFIED FINDINGS

The position should be assessed to determine whether correction or rectification of error(s) or misrepresentation is' warranted and, if so, its early impact on the earlier Findings and Recommendations in the original complaint.

ORDERS/RECOMMENDATIONS FOR RECTIFICATION OF EARLIER FINDINGS

Where the Findings indicate that only correction of errors and mistakes in factual data is required, this may be directed to -be done.

Where, however, on the basis of the required correction of the factual data, it is proposed to consequentially modify the original Findings in respect of the "Recommendations for implementation", this should be in the form of recommending the rectification of the earlier "Recommendation" to the indicated extent.

Wafaqi Mohtasib (Ombudsman)

Dated __________________

SWM Form "F-XIV"

[see Regulation 28(2)]

WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETARIAT

Complaint No. __________ (Station and Date)

___________

Subject: Communication of Rectified Findings to the Complainant and the Agency

Whereas the above mentioned complaint was investigated by the office and through his Findings, dated__________ the Wafaqi Mohtasib, in accordance with Article 11(1) of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (President's Order No.1 of 1983), hereinafter referred to as the Order, had recommended that--

_________________________________________

And whereas subsequent to the issuance of the above Findings it came to the notice of this Office that through a typographical error mistake or misrepresentation by the complainant or the Agency an incorrect figure, fact or position having material effect on the case, got reflected in the said Findings and Recommendations;

And whereas for - the sake of correction of record or in the interest of justice it was necessary to rectify the said error, mistake or misrepresentation, the Findings were considered by the Wafaqi Mohtasib for the purpose who was pleased to record Rectified Findings in supersession of the said earlier Findings.

Now, therefore, a certified copy of the said Rectified Findings dated ___________ is being forwarded to you for information/necessary action

BY ORDER OF THE HONOURABLE WAFAQI MOHTASIB

Signature

{Name and designation of Investigating Officer}

WMS Form "G"

[see regulation 29(1)]

Show-cause notice to the, Agency for

initiating special report to the President

WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETARIAT

Complaint No. ______________ (Station and Date)

______________

Subject: Show-cause notice

Whereas the above mentioned complaint was investigated by the office and through his Findings dated ________ Mohtasib, in accordance with Article 11(1) of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (President's Order No.1 of 1983),. hereinafter referred to as the Order, had recommended that--

_____________________________

And whereas vide Article 11(2) of the Order, you were required to inform to Wafaqi Mohtasib within the specified time about the action taken on his recommendations.

And whereas the *[record shows that you have 'not so far informed this office about the action taken on the said recommendation]/ *[reasons furnished by you for non-compliance of the recommendations have been considered] and the Wafaqi Mohtasib is of the opinion that injustice has been caused to the complainant in consequence of maladministration and that the injustice *[has not been] *[will not be] remedied.

* [Alternate suggestions--Delete which every is not applicable]

Now, therefore, you are hereby called upon to show cause why Special Report on the case may not tie .laid before the President under Article 11(4) of the Order.

Your written reply must reach the undersigned by or before (date) ___________

BY ORDER OF THE HONOURABLE WAFAQI MOHTASIB

Signature

[Name and designation of Investigating Officer]

WMS Form "H"

[see regulation 30(1)]

Notice to show cause for non-compliance of

Recommendations arid initiating proceedings for

Defiance of Recommendations

WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETARIAT

Complaint No.___________ (Station and Date)

__________________

Subject: Show-cause notice.

Whereas the above mentioned complaint was investigated by the office and through his Findings dated__________ the Wafaqi Mohtasib, in accordance with' Article 11(I) of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (President's Order No.1 of 1983), hereinafter referred to as the 'Order, had recommended that--

________________________________

And whereas vide Article 11 (2) of the Order, you were required to inform to Wafaqi Mohtasib within the specified time about the action taken on his recommendations.

And whereas the `[record shows that you have not so far informed this office about the action taken on the said recommendations] *[reasons furnished by you for non-compliance of the recommendations] have, not been found satisfactory.

Now, therefore, you are hereby called upon to show cause why the matter may not be referred to the President under Article 12(1) of the Order for initiating proceedings for Defiance of Recommendations.

Your written reply must reach the undersigned by or before (date) ___________

BY ORDER OF THE HONOURABLE WAFAQI MOHTASIB

Secretary

Wafaqi Mohtasib's office

____________________

Alternate suggestions - Delete whichever is not applicable

WAFAOI'MOHTASIB (OMBUDSMAN)'S SECRETARIAT

Monthly Performance Report for the Month of ________________________________

Name of the Officer

Station

SUMMARY OF THE REPORT

Please Fill in all Columns/Boxes very care full and Figures must tall with the annexed lists.

	Inv.	Rev.	Imp.	Total
a) Cases brought forward from previous month.
b) Fresh cases received during the month.
e) Cases received on transfer during the month.
d) Cases Transferred to other officers)
e) Tobl (a+b+c-d)

DISPOSAL

	Inv.	Rev.	Imp.	Total
f) Relief
g) Reject
b) Discontinued
k) Total (F+g+h)

CHIECK LIST

	Have you enclosed the following lists?	Yes	No	If not enclosed please give reason
1.	List of Fresh cases.
2.	List of cases received on transfer.
3.	List of cases transfer to other officers.
4.	List of Disposed of cases.
5.	List of TEN OLGEST cases (Inv.)
6.	List of FIVE OLDEST Cases (Rev.)
7.	List of FIVE OLDEST Cases (imp.)
8.	List of cases where disciplinary coercive action proposed against officer/official for maladministration.

NOTE: Above mentioned lists must attach, other wise the report will be treated as NOT RECEIVED.

Monthly performance report complete in all respect must reach to the Data Control Officer on or before 4th of each month from Head Office and 6th of each month from Regional Offices through Incharge of the Regional Office. No report will be entertained after due date and without above mentioned annexures. (PLEASE ATTACH ORIGINAL ANNEXURE)

On 8th each month, Consolidated monthly performance report will be placed before the HWM for his perusal! information.

Signature of the investigating Officer: _____

LIST OF CASES RECEIVED (FRESH)

S. No.	Case No.	Name of the Complainant	Agency	Date of Receipt

LIST OF CASES DISPOSED OFF

S. No.	Case No	Name of the Complainant	Name of the Agency	Disposal			Date of Signature
				Relief	Reject	Discontinued

LIST OF CASES RECEIVED ON TRANSFER FROM OTHER OFFICERS)

S. No.	Case No.	Name of the Complainant	Agency	Date of Receipt

LIST OF CASES TRANSFERED TO OTHER OFFICER(S)

S. No.	Case No.	Name of the Complainant	Agency	Date of Receipt

LIST OF TEN OLDEST CASES INVESTIGATION

S. No.	Case No.	Name of the Complainant	Agency	Date of Receipt

LIST OF FIVE OLDEST CASES REVIE

S. No.	Case No.	Name of the Complainant	Agency	Date of Receipt

LIST OF FIVE OLDEST CASES (IMPLEMENTATION)

S. No.	Case No.	Name of the Complainant	Agency	Date of Receipt

Report for the month of ______________________________

List of Cases Where Disciplinary/Coercive action proposed against Office/Official for mal-administration

S. No.

Case No

Agency

Nature of Disciplinary coercive action proposed against Officer Official

Name of the delinquent Officer/Official

Whether agency compelled action propose within the specified time

Signature of Investigating Officer _____________

WMS Form "J"

[see Regulation 33(1)]

WAFAQI MDHTASIB (OMBUDSMAN)'S SECRETARIAT

Complaint No. ________ [Station and Date]

____________

Subject: Notice to Complainant

Dear Sir,

Your above complaint is under examination in this Secretariat. By our letter; dated you were required by (date) ________ There has been no reply from you. A notice is hereby given td inform you that in case there is no response from you by (date) your complaint shall be processed on the basis of available information.

BY ORDER OF THE HONOURABLE WAFAQI MOHTASIB

Signature

{Name and designation of Investigating Officer}

(Name and address of the Complainant)

__________________________________

WMS Form "K"

[see regulation 33(2)]

WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETARIAT

Complaint No. ___________ (Station and Date)

_________________

(Name and address of the Agency)

Subject: Notice to Agency for Failure to submit Comments.

Whereas the above-mentioned complaint was accepted by the Wafaqi Mohtasib for investigation and a notice under Article 10(4) of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (President's Order No. 1 of 1983), was issued by this office calling upon you to meet the allegations contained in the complaint including rebuttal.

And whereas you were required to send your comments by (date) __________. A formal reminder was also issued asking for comments by (date) _________ No response has been received so far from you in this regard.

Now therefore, in accordance with the proviso to clause (1) of Article 10 and clause (9) of Article 10 of the President's Order No.1 of 1983, you are required to depute an officer fully conversant with the facts of the case to, attend the office of the undersigned along with the relevant original file on (date) ________at -_______ a.m./p: m. and to explain the reasons for non-submission of report.

BY ORDER OF'THE HONOURABLE WAFAQI MOHTASIB

Signature

[Name and designation of Investigation Officer]

WMS Form "L"

[see regulation 33(3)]

WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETARIAT.

Complaint No. ____________ [Station and Date]

____________

(Name and address of the Agency)

Subject: Notice to Public Servant for Disciplinary Action

Whereas the above-mentioned complaint is under investigation Secretariat, wherein on _____________ you were directed by the order of the Wafaqi to

________________________________________________

And whereas the record shows that you have not, so far, complied with the above directions of the Wafaqi Mohtasib.

Now therefore, in exercise of powers under Article 14(5) of the Establishment elf the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (P.O. No. 1 of 1983), you are called upon to show cause as to why the matter may not be referred to the competent authority of taking disciplinary action against you for disregarding the directions of the Wafaqi Mohtasib.

Your reply must reach the undersigned by or before ____________

BY ORDER- OF THE HONOURABLE WAFAQI MOHTASIB

Signature

[Name and designation of Investigating Officer]

WMS Form "M"

[see regulation 33(3)]

WAFAQI MOHTASIB (OMBUDSMAN)' S SECRETARIAT

Complaint No. ________ [Station and Date]

(Name and address of the

public servant or Agency)

Subject: Notice to show cause for Initiating Criminal/Disciplinary Proceedings.

Whereas, the above complaint is being investigated in this Office.

And whereas the Wafaqi Mohtasib has examined the available view that while ______________ you have acted in manner warranting criminal/disciplinary proceedings against you.

Now therefore, the Wafaqi Mohtasib has, in exercise of powers vested in him under Article 14(6) of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order 1983 (President's Order No. 1 of 1983), directed to call upon you to show cause as to why the above matter may not be referred to _________________________

______________________________________________________________________

(the appropriate authority)

for taking criminal/disciplinary proceedings against you within a period _______

your reply must reach the undersigned on or before the date of ___________ 20 _______.

BY ORDER OF THE HONOURABLE WAFAQI MOHTASIB

Signature

{Name and designation of Investigating Officer}

WMS Form " N"

[see regulation 33(4)]

WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETARIAT

Complaint No. _________ [Station and Date]

{Name and address}

Subject: Notice to show cause for Award of Compensation against the Complainant.

Whereas you made a complaint against which was investigated and finalized _______________

And whereas, in his findings, the Wafaqi Mohtasib has observed that your above said complaint was false/frivolous/vexatious and that you had intentionally made such a complaint to malign the Agency/ Mr. _________________________

(functionary /Public Servant)

Now therefore, the Wafaqi Mohtasib has in exercise of the powers vested upon him by Article 14(4) of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (President's Order No. 1 of 1983), that you should be called upon to show cause as to why a sum on ______________ should not be awarded to the Agency/Public Servant/Functionary concerned against you for making such complaint. The said amount shall be recovered from you as arrears of land revenue.

Your reply should reach the undersigned on or before the day of ________ 20 _________

BY ORDER OF THE HONOURABLE WAFAQI MOHTASIB

Signature

(Name and designation of Investigating Officer)

WMS Form "O"

[see regulation 33(5)]

WAFAQI MOHTASIB (OMBUDSMANS') SECRETARIAT

Complaint No. ________ (Station and Date)

[Name and address of the Agency]

Subject: Notice to show cause for Agency for Initiating Contempt Proceedings.

Whereas, the above' complaint is being investigated in this Office or by _________________________

And Whereas ___________________________________________

(give facts amounting to contempt of Wafaqi Mohtasib)

which amounts to contempt of Office of Wafaqi Mohtasib requiring action against you under Article 14(1) of the Establishment of the Office of Wafaqi Mohtasib (Ombdusman) Order, 1983 (President's Order No. l of 1983), hereinafter referred to as the Order.

Now, therefore, you are hereby called upon to show cause as to why you should not be punished, for committing the contempt of the Wafaqi Mohtasib, under the Orders.

Your reply must be handed over to the undersigned personally on _______ at _______hours

BY ORDER OF THE HONOURABLE WAFAQI MOHTASIB

Signature

[Name and designation of Investigating Officer]

WMS Form "P"

[see regulation 33(5)]

WAFAQI MOHTASIB (OMBUDSMAN)' S SECRETARIAT

Complaint No. _________ [Station and Date]

{Name and address}

Subject: Notice to show cause for Contempt to Complainant or Any Other Person.

Whereas on _____________at _______________- you __________________________

(give facts amounting to contempt of Wafaqi Mohtasib)

And whereas, you by the said letter/speech/action, abused/ interfered with/impeded/obstructed the proceedings of the Wafaqi Mohtasib.

Scandalized the Mtihtasib/staff/nominee/authorized person/officer of the office of Wafaqi Mohtasib which tends to bring the Mohtasib/his Office/Staff etc. into hatred/ridicule /contempt.

Committed ___________ which tends to prejudice the fair determination of a matter pending before the Wafaqi Mohtasib.

And whereas, this call for action against you for contempt under Article 16(1) of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (President's Order No.1 of 1983) hereinafter referred to as the Order;

Now, therefore, you are hereby called upon to show cause as to why you should not be punished, for committing the contempt of the Wafaqi Mohtasib, under the Order.

Your reply must be handed over to the undersigned personally on_______ at __________hours.

BY ORDER OF THE HONOURABLE WAFAQI MOHTASIB

Signature

{Name and designation of Investigating Officer)

WMS Form "Q"

[See regulation 33(6)]

WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETARIAT

Complaint No. ______________ (Station and Date)

(Name and address of the Agency)

Subject: Notice to Show Cause to the Agency for Awarding Compensation to the Complainant.

Whereas, the above complaint has been investigated in this Office and the Wafaqi Mohtasib has come to the conclusion therein that the complainant has suffered loss/damage of ______________ n account of the maladministration committed by you/Agency while ___________ (brief maladministration)

Now, therefore, you are hereby called upon to show cause as to r the costs/compensation in terms of Article 22 of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (President's Order No. 1 of 1983), for _ _ __ __ _ _ _

(amount or equivalent amount)

may not be awarded against you/the Agency which shall be recoverable as arrears of Land Revenue from you/the Agency.

Your reply must reach on or before the ____________day of __________ 20 ____

BY ORDER OF THE HONOURABLE WAFAQI MOHTASIB

Signature

[Name and designation of Investigating Officer]

WMS Form "R"

[see regulation 25(4)]

For Consignment to Record.

WAFAQI MOHTASIB (OMBUDSMAN)'S SECRETARIAT ISLAMABAD/REGIONAL OFFICE

INFORMATION ABOUT FINAL DISPLOSAL OF CASE No. ___________

1. _______________Name of the complainant

2. _______________ Name of the Agency

3. _______________ Name of Investigating Officer

4. _______________ Date of findings

5. _______________Time consumed in the investigation ______ Years _____Month _____Days

6. Nature of Recommendations, (Please tick [a] the relevant box)

(a) Any report required c

(b) Ay corrective

disciplinary action suggest c

or procedure indicated c

(d) Any- other direction

(Please specify)

7. Nature of maladministration _______________________

8. Nature of complainat/recommendations _______________________

9. Final outcome (Please tick [a] the relevant box)

(a) Complaint accepted (Relief) Provided) c

(b) Complaint rejected c

discontinued (Complaint closed) c

Signature

[Name and designation of Investigating Officer]

SCHEDULE

4[See regulation 3(2)]

TERRITORIAL JURISDICTION OF HEAD OFFICE AND REGIOANL OFFICES

OFFICE	TERRITORY/DISTRICTS.
Headquarters, Islamabad	Federal Capital Area Islamabad, Rawalpindi Attock, Jhelum, Chakwal, Sargodha, Mianwali, 1[xxxxxxxx] Khushab, Abbottabad, Batgram, Haripur, Mansehra, Kohistan, all Districts of AJ&K
	Federally Administered Tribal Areas, (FATA) Federally Administered Northern Areas (FANA)
Regional Office, Lahore	Lahore, Okara, Kasur, Gujranwala, Hafizabad, Sheikhupura, Sialkot, Narowal, Gujrat, Mandi Bahauddin and Papkattan.
Regional Office, Karachi	Karachi, Hyderabad, Thatta, Sanghar, Mirpur Khas, Badin, Tharparkar, Thar and Umarkot
Regional Office, Peshawar	Peshawar, Buner, Charsada, Chitral, Dir, Hangu. Hazro, Karak,. Kohat, Malakand, , Mardan, Nowshera, Swabi and Swat.

S.R.O. 79(KE)/2004 dated 30-6-2004. Amendment shall take effect from 1-7-2004

Regional Office, Quetta	All Districts of Balochistan.
Regional Office, Sukkur	Sukkur, Khairpur, Ghotki, Naushero Feroze, Nawabshah, Larkana, Jacobabad, Shikarpur and Dadu.
Regional Office, Multan	Multan, Vehari, Lodhra, Khanewal, p.G. Khan, Layyah, Muzaffargarh, Rajanpur, Bahawalpur, Bahawalnagar and Rahim Yar Khan.
Regional Office, Faisalabad	Faisalabad, Sahiwal, Jhang and Toba Tek Singh.
Regional Office, D. I. Khan	2[Bhakkar] D.I. Khan; Bannu, Lakki Marwat and Tank.
Regional Office, Gilgit*	Northern Areas

* Till the establishment of Regional Office at Gilgit the complaints shall continue to be investigated at Islamabad.

1. District "Bhakkar" omitted by S.R.O: 79(KE)/2004 dated 30-6-2004.

Amendment shall take effect from 1-7-2004.

2. District "Bhakkar" added by ibid. S.R.O; 79(KE)/2004 dated 30-6-2004.

Amendment shall take effect from 1-7-2004.

Pak Law

Monday, 26 January 2015

Wafaqi Mohtasib (Investigation and Disposal of Complaints) Regulations, 2003.

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