INQUIRY REPORT

Subject:- UNLAWFULLY FACILITATED/ MANAGED/ APPOINTED MISS

BEENA RANI JUNIOR CLER
!" ORDER OF INQUIRY:
The Chief Engineer (South) Public Health Engineering
Department (PHED) Khyber Pakhtunkhwa vie letter !o" #$%E&'(%South%PHE
ate )*&#+&)#'+ appointe Engr" ,bu- Sami. Superintening Engineer
PHE Circle Pe-hawar. an Engr" /a-ool Khan. E0ecutive Engineer PHE
Divi-ion Char-aa. a- member- of the 1n2uiry Committee to conuct formal
in2uiry uner Khyber Pakhtunkhwa 3ovt" -ervant- (Efficiency 4 Di-cipline)
/ule- )#'' in the above mentione ca-e again-t 5r" ,f-ar ,li 6ure-hi. the
then ,mini-trative 7fficer 7%o the Chief Engineer (South) PHED. pre-ently
po-te a- 8uget 4 ,ccount- 7fficer office of the Chief Engineer (!orth)
PHED (A##e$-I)"
%" PREAMBLE:
i" The PHE Department averti-e variou- po-t- incluing po-t- of 9unior
Clerk in aily new-paper- with -ubmi--ion of application- 4 relevant
ocument- by September '#. )##$ (A##e$-II)" 1n the -ai averti-ement
for the po-t of 9unior Clerk. the minimum 2ualification re2uirement- were
M&t'(c )' e*u(+&,e#t *u&,(-(c&t()# &,)#. /(t0 & 12ee3 )- 45 /)'31 2e'
6(#ute 10)'t0&#3 /'(t(#. &#3 47 /)'31 2e' 6(#ute1 -)' t82(#. 12ee3:
-imilarly the &.e ,(6(t /&1 'e*u('e3 t) be bet/ee# !9-45 8e&'1:
furthermore the nature or length of the po-t wa- mentione a- on c)#t'&ct
b&1(1" ,- per Service /ule- of the then ;ork- 4 Service- Department.
al-o applicable to Public Health Engineering Department at that time. for
the appointment of 9unior Clerk (8S&#<). *#= -houl be through initial
recruitment with (a) Seconary School Certificate or e2uivalent
2ualification- from a recogni>e boar: an (b) a -pee of (# wor- per
minute- in Engli-h Typing (A##e$-III)" , -tatement -howing name- of '?
caniate- recommene by the Departmental -election Committee
(DSC) for appointment again-t the po-t of Steno Typi-t 4 9unior Clerk
(A##e$-I:) an another -tatement -howing name of )$ caniate-
recommene by the Departmental -election Committee (DSC) for
placement on waiting li-t for appointment again-t future vacancie- for the
po-t of Steno Typi-t 4 9unior Clerk (A##e$-:) were pre-ente" The-e
-tatement- a- are anne0ure- to DSC meeting an ha- been -igne by 5r"
,khtar ,li Khan the then Director De-ign PHE a- Chairman. 5r" ,bul
8a-hir 4 Ha@i 3hulam 5uhamma the then ,D7- PHE Pe-hawar a-
member- an ,f-ar ,li 6ure-hi the then ,mini-trative 7fficer PHE a-
Secretary of DSC. while the minute- of the DSC have not been provie"
5inute- of the DSC meeting along with anne0ure- in original were -hown
to the in2uiry committee member- by the allege official in original in the
pre-ence of 5r" Sii2ue ,7 o%o CE(South) uring per-onal hearing on
'A%#<%)#'+" The accu-e official wa- a-ke to provie copy of the minute-
of the DSC meeting along with copy of covering%circulation letter" 8y
ob-ierriving the original minute- of the meeting an the anne0ture-. it wa-
note that the -ignature- of all the -ignatorie- appeare to be not fake"
Therefore it i- recommene to have the -ignature- on the original
minute- of the DSC meeting hel on )%')%)##$ verifie by an e0pert"
There i- no mention about the notification of DSC an ate on which thi-
meeting of DSC wa- hel!o ocument regaring con-titution of the DSC
an it- meeting on )%')%)##$ ha- been provie to the committee"" The
above mentione )
n
-tatement%li-t at A##e$-: -howing name of )$
caniate- recommene by the Departmental -election Committee
(DSC) for placement on waiting li-t for appointment again-t future
vacancie- for the po-t of Steno Typi-t 4 9unior Clerk al-o containe the
name of one 5i-- 8eena /ani at S"B)+ for appointment a- 9unior Clerk"
,ccoringly 5i-- 8eena /ani wa- appointe a- 9unior Clerk (8PS&#<)
vie Chief Engineer PHED letter !o" '#%'&+%PHE ate '<&')&)##$
(A##e$-:I)" The office orer -howe that the -o calle above mentione
DSC meeting wa- hel on 5%-!%-%55; Curthermore. contrary to conition
mention in new-paper-. in the above -ai appointment orer there i- no
mention that whether thi- appointment i- on regular. %contract or ahoc
ba-i-"
ii" During the fact fining in2uiry the original appointment orer wa- not
pre-ente an the )
n
copy of appointment orer which wa- -igne 4
enor-e by 5r" ,f-ar ,li 6ure-hi the then ,mini-trative 7fficer wa-
pre-ente /eportely. 5i-- 8eena /ani never performe uty but
regularly receive -alary without any check" 5r" ,f-ar ,li 6ure-hi at hi-
own mae entrie- in her -ervice book. marking her arrival report an
-igning DPC etc" The i--ue croppe up when 5i-- 8eena /ani wa-
tran-ferre an po-te in the office of Chief Engineer (!orth) an
-ub-e2uently applie for maternity leave" The Chief Engineer (!orth)
en2uire about her availability an place of uty but there wa- no
information about her e0i-tence"
iii" The Chief Engineer (!orth) PHE Department conucte fact fining in2uiry
through 5r" Sarfra> 9aehan Superintening Engineer PHE Circle 8annu
an in light of fact fining in2uiry the Chief Engineer (South) PHE
Department levele charge- with -tatement of allegation- again-t 5r"
,f-ar ,li 2ure-hi a- follow-:
!" U#,&/-u,,8 -&c(,(t&te3/ 6&#&.e3/ &22)(#te3 M(11 Bee#& R&#( &1
Ju#()' C,e'< /(t0)ut (#te'+(e// te1t/ &22,(c&t()# &#3 1(.#(#. t0e
)--(ce )'3e' )- t0e )--(c(&,= (# >FOR? b8 8)u"
%" Be(#. DDO u#,&/-u,,8 -&c(,(t&te3/ 6&3e 2&86e#t )- 6)#t0,8 1&,&'8
t) t0e )--(c(&,= /(t0)ut 2e'-)'6(#. &#8 G)+t" 3ut8 1(#ce 0e'
&22)(#t6e#t"
4" T0e I#*u('8 O--(ce' 0e,3 8)u 'e12)#1(b,e -&c(,(t&t(#. t0e (,,e.&,
&22)(#t6e#t )- M(11 Bee#& R&#( &#3 &,, 0e' 1e'+(ce 6&tte'1"
@" U#,&/-u,,8 u1e3 t0e 2)/e' )- Aut0)'(Ae3 O--(ce' b8 6&<(#. e#t'(e1
(# 0e' Se'+(ce B))< &#3 6&'<(#. 0e' &''(+&, 'e2)'t &#3 LPC (#
)--(ce )- t0e C0(e- E#.(#ee' BN)'t0C PDED <ee2(#. (# 3&'< t0e
c)62ete#t &ut0)'(t8 ("e" C0(e- E#.(#ee' BN)'t0C"
4" PROCEEDINGS:
i" 1n orer to procee with the in2uiry the accu-e official i"e" 5r" ,f-ar
,li 6ure-hi the then ,mini-trative 7fficer (8S&'<) 7%o the Chief
Engineer PHED. (pre-ently working a- 8uget 4 ,ccount- 7fficer
(8S&'<) 7%o Chief Engineer (!orth) PHED Pe-hawar an now
-u-pene vie Chief Engineer South letter !o" )#%E&$%PHE ate
'+&#+&)#'+) wa- -erve with charge -heet- an -tatement of
allegation- uly -igne by the Chief Engineer (South) Public Health
Engineering Department with the irection to furni-h hi- written
efen-e within -even (<) ay-" The office of the Chief Engineer
(South) PHE Department Pe-hawar wa- -imultaneou-ly re2ue-te
to provie the following e--ential ocument-E (') Copy of fact
fining in2uiry report ()) ,ppointment orer of 5i-- 8eena /ani with
minute- of Departmental Selection Committee (DSC) 4 DSC
notification (() !o-" of -anctione% vacant po-t- when -he wa-
appointe (+) ,verti-ement in new-paper- for filling vacant po-t-.
if any (A) !o-" of application- receive for appointment a- 9unior
Clerk (?) Detail of Te-t% interview of for 9unior Clerk- in the in-tant
ca-e (<) Service /ule- for appointment of 9unior Clerk (*)
6ualification of 5i-- 8eena /ani ($) Copy of Service 8ook with
copy of arrival report 4 meical fitne-- certificate ('#) Copy of pay
-lip ('') Service profile of 5i-- 8eena /ani (')) Copy of attenance
regi-ter -ince appointment of 5i-- 8eena /ani ('() Seniority Di-t of
9unior Clerk ('+) Detail of uty performe by 5i-- 8eena /ani
-ince her appointment
ii" The Chief Engineer (South)F- office replie vie letter !o" '(%E&
'(%South% PHE ate '(&#A&)#'+ (A##e$-:II)" 1n light of the
provie information it wa- re2ue-te to furni-h following aitional
ocument-% information%clarificationE (') 7riginal appointment orer
of 5i-- 5ena 8ena /ani ()) How many caniate- other than 5i--
8eena /ani. out of total inicate a- +A. in two li-t- have been
appointe" (() ;hether any >onal 2uota for appointment of the-e
caniate- wa- followe" However. on '#&#<&)#'+ a copy of
certificate -igne by 5r" ,khtar ,li Khan the then Director De-ign
pre-ently working a- Chief Engineer (!orth) PHED. Ha@i 3hulam
5uhamma the then ,DE pre-ently -tan- retire an 5r" ,bul
8a-hir the then ,DE pre-ently working a- S"E H%6 !orth PHED. the
then chairman an member- re-pectively of -o calle DSC
-ubmitte that the -ai DSC wa- never con-titute%notifie nor
recommene 5i-- 8eena /ani for appointment a- 9unior Clerk
an that they have never -igne any -uch minute- of the DSC
meeting (A##e$-:III)" , copy of another letter i--ue by the
,mini-trative 7fficer (South) to variou- official- incluing 5i--
8eena /ani ate. )?&#?&)#'(. for their 1llegal ab-ence wa- al-o
provie (A##e$-IE)"
ii" The accu-e officer 5r" ,f-ar ,li 6ure-hi 8uget 4 ,ccount 7fficer
7%o Chief Engineer (!orth) PHED -ubmitte hi- reply to the charge
-heet 4 -tatement of allegation- (A##e$-E)" The accu-e -tate
that reply ha- been -ubmitte ba-e on partial recor provie to
him by the epartment" ,- per hi- -tatement he being -erving in
8S&'<. the Chief Secretary i- empowere to -erve charge -heet
wherea- the Chief Engineer (South) ha- -igne the charge -heet
an -tatement of allegation-" The -tatement of accu-e i- not
-u-tainable becau-e for mini-terial -taff there i- no po-t for 8PS&'<
rather he wa- accore -election grae to the in-tant po-t" Even in
the buget book the po-t of ,mini-trative 7fficer in the office of
Chief Engineer (South) an Chief Engineer (!orth) ha- been
a--igne 8PS&'? (Annex-XI)" Thu- the Chief Engineer i-
competent to i--ue charge -heet" Curthermore. a- per hi- -tatement
he wa- neither in capacity nor empowere to make appointment i-
true to the e0tent that he wa- not the appointment authority but the
allegation- are that he ha- unlawfully facilitate% manage the
appointment of 5i-- 8eena /ani a- 9unior Clerk without
interview%te-t%application" He rather focu-e on a Show Cau-e
!otice i--ue a- a re-ult of fact fining in2uiry to 5i-- 8eena /ani
an her reply to the Show Cau-e notice. wherein -he ha replie
that -he wa- appointe after going through te-t%interview hel on
)A&''&)##$ 4 -ub-e2uent DSC meeting hel on #)&')&)##$" 1t i-
-trange to ob-erve that how accu-e got copie- of -uch confiential
ocument- which were i--ue by 3ovt" (PHED) an replie by a
3ovt" Servant to the epartment" 1t in other wor- al-o clearly
inicate- clo-e linkage-% contact of the accu-e with the entire
proce--"
iii" He further -tate that in ;rit Petition !o")'$&5%)#''%Pe-hawar
High Court 5ingora 8ench (Dar&ul&6a>a) in ca-e of Sai ,kbar S%o
member G- Chief Engineer an other-. the Chief Engineer (South)
ha- confirme that the appointment formalitie- a- Te-t%1nterview
were fulfille in the proce-- of appointment of 9unior Clerk- etc"
incluing 5i-- 8eena /ani" 1n thi- re-pect incumbent ,mini-trative
7fficer clarifie that the reference ca-e oe- not relate- to the
i--ue" However. the ,7 wa- a-ke to provie a copy of the plaint
an reply -ubmitte by the Chief EngineerF- office before the PHC
bench 5ingora Swat" &&&&&" 5oreover. he -ubmitte that the original
orer -igne by the Chief Engineer PHED ha- been taken over by
the 1n2uiry 7fficer 5r" Sarfra> 9ehan S"E" PHE 8annu uring in2uiry
proceeing-" , copy of the -ame ha- been obtaine (A##e$-:I)" He
-ubmitte that from minute- of the DSC meeting hel on #)&')&
)##$. +A appointment- were mae but none of the other officer of
the epartment hel liable for tho-e appointment- which i-
i-criminatory" 1n thi- re-pect it ha- alreay been i-cu--e that a
copy of certificate -igne by 5r" ,khtar ,li Khan the then Director
De-ign pre-ently working a- Chief Engineer (!orth) PHED. Ha@i
3hulam 5uhamma the then ,DE pre-ently -tan- retire an 5r"
,bul 8a-hir the then ,DE pre-ently working a- S"E H%6 !orth
PHED. the then chairman an member- re-pectively of -o calle
DSC -ubmitte that the -ai DSC wa- never con-titute%notifie nor
recommene 5i-- 8eena /ani for appointment a- 9unior Clerk
an that they have never -igne any -uch minute- of the DSC
meeting (A##e$-:III)" The accu-e -tate that 5i-- 8eena /ani
having the re2uire 2ualification got appointe her-elf an he ha-
no role in her appointment"
iv" ,ccu-e -ubmitte that a- DD7 he ha- mae entrie- in her -ervice
book @u-t like that of other employee-" The -alarie- are proce--e
by ca-h -ection a- per attenance regi-ter maintaine by
concerne -upervi-ing Superintenent" 1n ca-e of 8eena /ani no
aver-e report wa- note by the -upervi-ing Superintenent in A
year-" There i- nothing on recor for her ab-ence an -econly he
wa- nor not her -upervi-ing Superintenent"
v" /egaring verification of -ervice book% other ocument- he -tate
that the-e were re2uire to be -igne by the concerne DD7
incluing him-elf after checke by ca-hier% clerk" Curther. with
regar- to fact fining in2uiry he -tate that the in2uiry officer ha-
acte beyon manate an ha- mi-u-e power of 1n2uiry 7fficer"
He -tate that ,7 (South) ha- i--ue DPC an -igne her -ervice
book without any ob@ection" Per-onal hearing wa- not one an CE
(S) wa- mi-guie to i--ue Show Cau-e !otice to 5i-- 8eena
/ani" He informe that the -itting ,7 can al-o complete -ervice
book of any official working uner him incluing -ervice verification
from the office recor after checking by E-ttE clerk" 5oreover. arrival
report an DPC of 8eena /ani. by han. were hane over to the
iary clerk%ca-hier for nece--ary action which wa- the proper way
of i-po-al" The-e paper- were fir-tly put up to Chief Engineer an
afterwar marke to ca-hier% concerne ealing han"
vi" Cact fining report -ubmitte by 5r" Sarfra> 9ahan S"E" PHE Circle
8annu wa- al-o -tuie" The report ha- focu-e on mi-hanling the
arrival report an meical leave application of 5i-- 8eena /ani a- it
wa- proce--e by 5r" ,f-ar ,li 6ure-hi 84, officer PHE (!orth)
in-tea of 5r" Ha-in ,mini-trative 7fficer PHE (!orth)" The 1n2uiry
7fficer further ob-erve that the -ignature of 5i-- 8eena /ani on
Service 8ook. arrival report on her tran-fer to CE !orthF- office an
leave application an etc" i not matche" ;hich otherwi-e mean
that -omeone el-e ha- written an -igne the application in-tea of
applicant her-elf" 1f her hu-ban ha -ubmitte the application then
the -ignature of 8eena /ani -houl not have iffere from each
other" The original -ignature are not with fluent han writing while
the one written%-igne on arrival report an meical leave
application are comparatively with fluent han writing" 5r" ,f-ar ,li
6ure-hi 84, officer PHE (!orth) faile to guie the hu-ban of
8eena /ani for -ubmi--ion of arrival report 4 application for leave.
on both occa-ion-. to concerne ,mini-trative 7fficer PHE
(!orth)" Curther he marke arrival report irectly to ca-hier in-tea
of pre-entation to the Chief Engineer (!orth) through ,mini-trative
7fficer (!orth) PHED" The in2uiry officer ha- further ob-erve that
even the pre-cription paper for meicine. attache with the
application. wa- manipulate becau-e her age -hown over it i- )$
year- while at that time -he wa- actually (< year-" He al-o
inve-tigate that 8eena /ani never performe uty in the office of
Chief Engineer becau-e:
(a) all the ,mini-trative 7fficer- other than 5r" ,f-ar ,li 6ure-hi
have -tate that -he wa- never -een in the office uring their
incumbency (b) 8eena /ani uring per-onal hearing faile to
ientify any room where -he ha- ever worke (c) ,- per her verbal
-tatement -he u-e to come to 5r" ,f-ar ,li 6ure-hiF- office in
)##$&'# but even -he incorrectly ientifie hi- room () initial- of
5i-- 8eena /ani are not available in the ,ttenance /egi-ter"
,ppro0imately in + year- her initial- are available in -ome month-
only which clearly -eem- to be fake"
1n thi- conte0t copy of the ,ttenance /egi-ter wa- checke an it
wa- foun that -ince her appointment on '<&')&)##$ to December
)#'' (more than ) year-) her name wa- not entere in the
,ttenance /egi-ter to -how that whether -he wa- pre-ent or
ab-ent" Similarly from Ceb )#') to ,pril )#') regi-ter in front of her
name i- blank 4 there i- no mention that whether -he wa- pre-ent
or ab-ent" Crom 7ctober to December )#'( -he ha- been marke
ab-ent. when 5r" Saifur /ehman wa- po-te a- ,mini-trative
7fficer an on arrival of 5r" Sai2ue the incumbent ,mini-trative
7fficer -he wa- -erve with notice for e0planation for ab-ence" 1t
ha- been ob-erve that the initial- in the attenance column- are
with fluent han writing an the ob-ervation- of 1n2uiry 7fficer -eem
correct"
vii. Cact fining report further e0plore that the appointment orer of
5i-- 8eena /ani i- invali becau-e:
(a) 7n ')&#)&)##$ when -o calle DSC wa- hel her age wa- ()
year- #< month- an '< ay-" ;herea- the upper limit for
appointment of 9unior Clerk a- per prevailing Service /ule- at that
time wa- )A year- -o -he wa- over age by #< year- #< month-
an '< ay- an at that time there wa- no authority for granting -o
much age rela0ation" (b) her C!1C i- with the name of her hu-ban
but in the appointment letter an Service 8ook her father name ha-
been u-e" Thu- -he entere in the 3ovt" organi>ation with invali
information becau-e the C!1C i- one of the ba-ic vali information
for ealing with 3ovt"%public organi>ation-"
Though in averti-ement upper age limit wa- mentione a- (#
year- again-t the provi-ion in Service /ule- but even then on the
la-t ate of -ubmi--ion of application i"e" '#&#$&)##$. -he wa- over
age by ) year-. + month- an )A ay-" 7therwi-e a- per Service
/ule-. a- pointe out by 1n2uiry 7fficer. -he wa- overage by #<
year- + month- an )A ay-" However. -he wa- appointe without
any age rela0ation"
viii. The 1n2uiry 7fficer wa- ha- al-o confirme that the po-t wa- not
averti-e" He further argue that the DSC meeting wa- not hel
becau-e: (a) 8eena /ani in her written -tatement -ubmitte that
-he wa- not interviewe (b) !o DSC meeting minute- are available
(c) 5r" ,f-ar ,li 6ure-hi ha- not given any -ati-factory reply"
He further -tate that a- per S43,D notification the DSC i-
re2uire to be heae by ,ppointing ,uthority a- Chairman. ,n
officer nominate by ,mini-trative Department a- member an an
officer nominate by appointing authority a- member but in the
in-tant committee Director De-ign wa- mae Chairman of the
committee an there wa- no nomination from ,mini-trative
Department thu- thi- committee wa- not vali"
1n thi- re-pect it ha- alreay been i-cu--e that a copy of
certificate -igne by 5r" ,khtar ,li Khan the then Director De-ign
pre-ently working a- Chief Engineer (!orth) PHED. Ha@i 3hulam
5uhamma the then ,DE pre-ently -tan- retire an 5r" ,bul
8a-hir the then ,DE pre-ently working a- S"E H%6 !orth PHED. the
then chairman an member- re-pectively of -o calle DSC
-ubmitte that the -ai DSC wa- never con-titute%notifie nor
recommene 5i-- 8eena /ani for appointment a- 9unior Clerk
an that they have never -igne any -uch minute- of the DSC
meeting (A##e$-:III)"
1t ha- al-o been ob-erve that on #)&')&)##$ another meeting of
DSC wa- al-o hel wherein 5r" ,llauin the then Chief Engineer
PHED acte a- Chairman. 5r" 8a2ir Shah the then Section 7fficer
(E-tabli-hment&11) PHED an 5r" ,bul 8a-hir the then ,DE PHED
a- member- an 5r" ,f-ar ,li 6ure-hi a- -ecretary -igne the
minute-" 1n another in2uiry 5r" ,bul ba-hir ha- categorically
enie that he ha- never attene any -uch meeting or -igne the
ocument-" 1t i- -trange to ob-erve that two ifferent DSC meeting-
hel uner two ifferent chairmen while 5r" ,bul 8a-hir ,DE
remaine member to both DSC- an 5r" ,f-ar ,li 6ure-hi remaine
-ecretary of both of the DSC-" ,- -uch it -upport- the view- of 5r"
Sarfra> 9ahan 1n2uiry 7fficer an the certificate at ,nne0&G111"
i0" The 1n2uiry 7fficer 5r" Sarfra> 9ahan S"E" PHE Circle 8annu
clo-ely ob-erve that 5r" ,f-ar ,li 6ure-hi inappropriately involve
in the appointment an all -ervice matter for the following rea-on-:
(a) ,f-ar ,li 6ure-hi ha- facilitate her illegal appointment. her
getting pay without performing uty (c) He inFt tell her hu-ban to
han over her arrival report. on her tran-fer to CE !orthF- office. to
concerne ,mini-trative 7fficer !orth" He un&authori>ingly took it
from her hu-ban () He unauthori>ingly -ubmitte her arrival
report to Diary Clerk of CE !orthF- office an then got it back an
marke to Cahier for nece--ary action (e) He unauthori>ingly acte
in getting her DPC an Service 8ook from 5r" 1h-an ca-hier CE
SouthF- office (f) He wa- member an Secretary of the DSC but he
conceale the fact- that -he wa- overage (g) He ha-
unauthori>ingly -igne her Service 8ook a- ,mini-trative 7fficer
while he wa- not holing the po-t of ,mini-trative 7fficer on #'&
')&)#'' an #'&')&)#') (h) She wa- appointe on '<&#)&)##$.
-ubmitte arrival report on '*&#)&)##$ an he i--ue her Service
Car on #'&')&)##$ (i) the contact B of 8eena /ani wa- entere in
the -ai -ervice car a- #$'$'(<)# which wa- the official phone B
of 5r" ,f-ar ,li 6ure-hi (@) He entere the name of 8eena /ani with
hi- father in-tea of her hu-ban a- per C!1C
0" He finally conclue that the appointment orer of 5i-- 8eena /ani
wa- illegal an 5r" ,f-ar ,li 6ure-hi ha facilitate the illegal
appointment of 8eena /ani an all her -ervice matter-"
iii" ,ll the available ata incluing fact fining report -ubmitte by 5r"
Sarfra> 9ahan S"E" PHE Circle 8annu an reply of 5r" ,f-ar ,li
6ure-hi wa- analy>e" ,- per hi- -tatement he being -erving in 8S&
'<. the Chief Secretary i- empowere to -erve charge -heet
wherea- the Chief Engineer (South) ha- -igne the charge -heet
an -tatement of allegation-" The -tatement of accu-e i- not
-u-tainable becau-e for mini-terial -taff there i- no po-t for 8PS&'<
rather he wa- accore -election grae%promotion to the in-tant
po-t" Even in the buget book the po-t of ,mini-trative 7fficer in
the office of Chief Engineer (South) an Chief Engineer (!orth) ha-
been a--igne 8PS&'? (Annex-XIV)" Thu- the Chief Engineer i-
competent to i--ue charge -heet" Curther. hi- -tatement that PHED
i- e0clue for recruitment through Public Service Commi--ion for
appointment of 8PS&'' to '? i- incorrect becau-e etail in A##e$-II
it-elf e0plain- that + Data Entry 7perator- were recommene by
PSC in September&7ctober )##<" 5oreover. he faile to -ubmit any
-oli rea-on in hi- efen-e e0cept that he enie- allegation- a- he
wa- neither in capacity nor empowere to appoint hi- -on a- he
wa- -imply an ,7%87" 8ut the allegation- are that he ha-
manage%facilitate the appointment of hi- -on"
iv" The accu-e officer 5r" ,f-ar ,li 6ure-hi i not re2ue-te for
per-onnel hearing but the 1n2uiry Committee ecie to give him an
opportunity for further clarification-" He appeare before the 1n2uiry
Committee for per-onnel hearing on '$&#(&)#'+" The per-onnel
hearing proceeing- wa- conucte in the pre-ence of 5r"
Sai2ue incumbent ,mini-trative 7fficer 7%o the Chief Engineer
(South) PHED" The accu-e officer wa- a-ke that the appointment
again-t the po-t of Data Entry 7perator fall- uner the purview of
Public Service Commi--ion then why PSC wa- not approache but
he repeate hi- written efen-e an -tate that earlier Chief
Engineer PHED ha repeately re2ue-te higher&up- that PSC i-
not going to entertain re2ue-t of the epartment for appointment of
re2ui-ite mini-terial an technical -taff but without any re-ult" The
accu-e in thi- re-pect coul not provie any evience" 1n etaile
i-cu--ion it wa- conclue that PSC ha recommene + DE7
therefore plea of accu-e regaring no role%@uri-iction of PSC i-
not @u-tifie"
v" During hearing he informe that no averti-ement etc" wa- mae
rather name- of caniate- were inclue in the li-t through political
contact-. he wa- al-o unable to confirm that the DSC wa- properly
notifie" To a 2uery initially he replie that application- of
caniate- were available an properly e0amine by the committee
an te-t%interview wa- hel an DSC in it- meeting recommene
their appointment-" However. when hi- attention wa- invite to /ule
+,(b) 4 /ule&(# of Khyber Pakhtunkhwa 3overnment Servant-
Conuct /ule- '$*<. an /ule ()()) of Khyber Pakhtunkhwa Public
Service Commi--ion /egulation )##( rea with the E-tabli-hment
Department in-truction- that no officer -hall -it a- member of
Departmental Selection Committee or 8oar before where hi-
relative i- to appear before -uch boie- a- caniate- an that in
violation the concerne officer will rener him-elf liable to
i-ciplinary action uner Khyber Pakhtunkhwa 3overnment
Servant- (Efficiency 4 Di-cipline) /ule-. )#'' (Annex-XV) he
change hi- in-tance an -tate that no regular meeting of DSC or
other activitie- for the-e appointment wa- hel or the caniate-
appeare before a boar%panel" /ather on the appearance of a
caniate. a- an when. the committee member- -igne hi-
ocument- an hi- appointment orer- were i--ue" /egaring
-pecific ca-e of hi- -on. a- mentione above. a- per hi- -tatement
-ince there wa- no proper mechani-m for interview%te-t etc"
therefore hi- etachment from the appointment proce-- wa- not
re2uire an it wa- @u-t a formality" The involvement of ,--i-tant
De-ign Engineer it-elf -peak- about the tran-parency of -ai
committee who ha- no role%concern with the -ai appointment-" 1n
thi- re-pect regaring -tatement of ,D7. being member of DSC.
ha- categorically -ubmitte that no -uch meeting wa- hel the
accu-e reply that he ha- -igne the minute- but ,D7 ha- refu-e
in writing that he ha not -igne the minute-" /egaring
2ualification re2uire for DE7 he -tate that hi- -on wa- 2ualifie
for the po-t becau-e he i 5a-ter in Political Science. DD8.
Diploma in computer an having a -pee of '#### Key
epre--ion%hour" He wa- a-ke to provie copy of any -uch
ocument-" The accu-e -tate that he will -ubmit the -ai
ocument within couple of ay-" He further -tate that he ha-
followe the in-truction- of higher&up- an playe the role of
Secretary of the committee to arrange DSC meeting. recor
minute- an circulate the -ame a- official uty" He al-o claime that
the relative 4 -on- of other -taff member- have al-o been
appointe in ifferent care but only he ha- been targete which i-
i-crimination"
vi" /egaring change in care. appointment an conver-ion of
-ervice- of hi- -on from Data Entry 7perator (8S&'') to ,--i-tant
(8S&'+) without any rule- 4 regulation- it wa- again i-cu--e that
the appointment to the po-t of ,--i-tant (8S&'+) fall- uner the
purview of PSC then how epartment ha violate rule-%regulation"
The accu-e -tate that epartment wa- facing ifficultie-
regaring court matter-. -pecifically in Di-trict 5aran. therefore the
then Chief Engineer. who wa- -ati-fie with hi- performance 4
2ualification- becau-e he wa- holing 5ater- in Political Science
al-o having DD8. reali>e to appoint 5r" 5urta>a a- ,--i-tant (8S&
'+) to eal with court matter-" He -tate that no averti-ement wa-
mae but the DSC a- per above proceure for hi- appointment a-
DE7 recommene hi- appointment a- ,--i-tant but accu-e i
not provi any -uch evience" He -ubmitte that he will furni-h
minute- of the DSC meeting an any other relevant ocument-
within couple of ay-. however he faile to o the neeful"
Page ? of $
4" FINDINGS
i" ,- per EST, coe the appointment of 8PS&'' an above fall- uner the
purview of PSC" The PSC wa- con-ulte for recruitment of DE7 in PHE
;ing of ;4SD an + caniate- were recommene who @oine the
epartment accoringly while the one po-t wa- left unfille probably ue to
non&availability of -uitable caniate from >one&A" Dater on. the li-t of )$
caniate- provie. by the Political Secretary of the then Chief 5ini-ter
!;CP. wa- con-iere" 1n thi- re-pect neither any averti-ement wa-
mae in new-paper- nor any application were receive% -crutini>e" The
DSC wa- not officially notifie an even an ,D7 having no concern with
appointment etc" wa- eclare a- member of the DSC @u-t to fulfill the
formalitie- without any legal value" The ,D7 ha- refu-e hi- involvement
in the proce-- an ha- enie that he attene any -uch meeting of DSC
or -igne the minute-" !o te-t%interview wa- conucte by DSC an the
li-t pre-ente by political -ecretary wa- enor-e through
recommenation- of their appointment incluing appointment of 5r"
5urta>a 6ure-hi a- Data Entry 7perator (8S&'')" Thu- recruitment of 5r"
5urta>a 6ure-hi wa- illegal an unlawful an thu- on the irection of
Supreme Court of Paki-tan the recruitment of -ai official along with
other- wa- reviewe an re-ultantly hi- -ervice- have been terminate
vie office orer !o" (A%E&+%PHE ate '+&#)&)#'+ (A##e$-E)
ii" 1n light of /ule +,(b) 4 /ule&(# of Khyber Pakhtunkhwa 3overnment
Servant- Conuct /ule- '$*<. an /ule ()()) of Khyber Pakhtunkhwa
Public Service Commi--ion /egulation )##( 4 -ub-e2uent in-truction- of
E-tabli-hment Department no officer -hall -it a- member of Departmental
Selection Committee or 8oar before where hi- relative i- to appear
before -uch boie- a- caniate-" 1n violation of the rule- the concerne
officer will rener him-elf liable to i-ciplinary action uner Khyber
Pakhtunkhwa 3overnment Servant- (Efficiency 4 Di-cipline) /ule-. )#''"
5r" ,f-ar ,li 6urehi well knowing that in the -ai li-t of caniate- the
name of hi- -on 5r" 5urta>a i- inclue for appointment a- Data Entry
7perator but he intentionally i not etache from the DSC an officially
remaine a- Secretary of the DSC" He -houl have brought the factual
po-ition in the notice of chairman DSC an -houl have re2ue-te for
nomination of -ome other official for the -pecific ta-k%a--ignment" Since
5r" ,f-ar ,li 6ure-hi ha- -igne the minute- a- Secretary of the DSC an
remaine involve in the recruitment of hi- -on thu- in violation of the rule-
the concerne officer 5r" ,f-ar ,li 6ure-hi ha- rener him-elf liable to
i-ciplinary action uner Khyber Pakhtunkhwa 3overnment Servant-
(Efficiency 4 Di-cipline) /ule-. '$<(%)#''"
iii" 5r" 5urta>a 6ure-hi wa- on probation for a minimum perio of two year-
i"e" upto )#&#*&)#'# but within -i0 month- he wa- appointe a- ,--i-tant
(8S&'+) an hi- -ervice wa- unlawfully converte into the po-t of ,--i-tant
(8S&'+)" The fre-h recruitment to the po-t of ,--i-tant fall- uner the
purview of PSC but it wa- again bypa--e an not approache for
appointment or !7C" The -ignature of the Chief Engineer on the office
orer i- al-o -eem- oubtful" 1n thi- entire perio 5r" ,f-ar ,li remaine a-
,mini-trative 7fficer with Chief Engineer PHED"
iv" 5r" 5urta>a wa- further po-te a- Hea Clerk by the Chief EngineerF-
office an the orer wa- -igne by 5r" ,f-ar ,li 6ure-hi on behalf of Chief
Engineer PHED"
Page < of $
@" CONCLUSIONS
i" The appointment to the po-t of DE7 (8S&'') an ,--i-tant (8S&'+) fall-
uner the purview of PSC which wa- not con-ulte an recruitment wa-
mae unlawfully by the epartment" Even the DSC wa- formulate @u-t to
fulfill the minimum re2uirement but without any proper notification"
Curthermore. 5r" ,bul 8a-hir the then ,D7. -hown a- member of DSC.
ha- enie hi- involvement in the DSC proceeing- an hi- -ignature" The
-o calle DSC without the approval%!7C from PSC mae illegal
appointment again-t variou- po-t- incluing 5r" 5urta>a 6ure-hi a- Data
Entry 7perator (8S&'') an then ,--i-tant (8S&'+)"
ii" 5r" 5urta>a S%o 5r" ,f-ar ,li 6ure-hi name wa- inclue in the li-t of
caniate- provie by political -ecretary but 5r" ,f-ar ,li 6ure-hi
remaine involve in the recruitment of hi- -on thu- i not fulfille hi-
moral re-pon-ibility rather e0po-e hi- integrity an in violation of the rule-
the concerne officer ha- rener him-elf liable to i-ciplinary action uner
Khyber Pakhtunkhwa 3overnment Servant- (Efficiency 4 Di-cipline)
/ule-. )#''"
iii" Curthermore. 5r" 5urta>a after hi- appointment a- Data Entry 7perator.
within -i0 month- of hi- -ervice wa- unlawfully appointe ,--i-tant (8S&
'+) through conver-ion of hi- -ervice-" ,pparently all thi- happene on the
behe-t of hi- father 5r" ,f-ar ,li 6ure-hi who uring the entire perio
remaine a- ,mini-trative 7fficer with Chief Engineer PHED"
iv" ,pparently. the -ignature of 5r" ,llauin Khan. the then Chief Engineer
PHED on office orer !o" #?%E&$%PHE ate ')&#)&)##$ for appointment
a- ,--i-tant (8S&'+) through conver-ion of -ervice- -eem- to be
ubiou-%fake an i- not like other -ignature- of the concerne officer" 1n
-uch ca-e it will be a ca-e of frauulent 4 re2uire further criminal in2uiry"
Such incient- of irregularitie- have never been reporte% ob-erve earlier
in the epartment wherea- all the-e regularitie- were committe openly
without any fear an probably with full -upport of political authoritie-"
v" The appointment of 5r" 5urta>a 6ure-hi Data Entry 7perator wa-
reviewe by the Chief Engineer (South) PHED on the irection of Supreme
Court of Paki-tan an hi- -ervice- ha- been terminate vie office orer
!o" (A%E&+%PHE ate '+&#)&)#'+ (A##e$-:III)
vi" The fact fining in2uiry al-o conclue that he remaine involve in the
illegal appointment an -ub-e2uent promotion to the po-t of ,--i-tant
(A##e$- )"
vii" Thu- the charge- levele again-t the accu-e i- true to the e0tent that 5r"
,f-ar ,li 6ure-hi fully remaine involve in the appointment of hi- -on 5r"
5urta>a a- Data Entry 7perator (8S&'') an -ub-e2uent appointment a-
,--i-tant (8S&'+) through conver-ion of hi- -ervice"
viii" During per-onnel hearing accu-e -tate that he will -ubmit aitional
ocument-%information regaring charge -heet to be i--ue by Chief
Secretary. the corre-ponence with PSC regaring purview of the PSC for
recruitment again-t variou- care po-t- an reply of PSC. minute- of the
DSC meeting for appointment of 5r" 5urta>a 6ure-hi a- ,--i-tant (8S&'+)
an 2ualification ocument- of 5r" 5urta>a 6ure-hi re2uire for
appointment a- DE7 etc". but he faile to o the neeful in hi- efen-e"
7" RECOMMENDATIONS
a" The Coren-ic Science Daboratory having writing e0pert -houl be
con-ulte to verify the -ignature of 5r" ,llauin Khan. the then Chief
Engineer PHED on hi- !1C or any other authentic ocument- an office
orer !o" #?%E&$%PHE ate ')&#)&)##$ for appointment a- ,--i-tant
(8S&'+) through conver-ion of -ervice- an to take further action
accoringly"
b" 5r" ,f-ar ,li 6ure-hi (the then ,mini-trative 7fficer 7%o the Chief
Engineer (South) PHED) pre-ently working a- 8uget 4 ,ccount- 7fficer
(8S&'<) 7%o Chief Engineer (!orth) PHED Pe-hawar ha- facilitate%
manage appointment of hi- -on 5r" 5urta>a 6ure-hi a- Data Entry
7perator without fulfillment of coal formalitie- i"e" by pa--ing PSC an
without any averti-ement. te-t. interview etc" an -ub-e2uent
appointment to the po-t of ,--i-tant through conver-ion of hi- -ervice an
ha committe mi-conuct through proviing a--i-tance in making
appointment on both occa-ion- an on e0traneou- groun- in violation of
law 4 rule- an mae liable him-elf to ma@or penalty uner Khyber
Pakhtunkhwa 3ovt" -ervant- (Efficiency 4 Di-cipline) /ule- )#''" The
Committee therefore. recommen- hi- compul-ory retirement to protect
the epartment from any likewi-e eventualitie- in future"
FINDINGS
i" The po-t- of 9unior Clerk- were averti-e in the aily ,a@ an aily
5a-hri2" They upper age limit for the po-t of 9unior Clerk wa-
mentione a- (# year- in the averti-ement contrary to the -ervice
rule- which -how- the upper age limit for the -ame po-t a- )A
year-"
ii" !o evience of the formation%notification of DSC ha- been foun
iii" Director De-ign i- not authori>e to act a- chairman of DSC a- ha-
been one in ca-e of the -o calle DSC for appointment- of 9unior
Clerk-
iv" The -o calle DSCF- chairman. the then Director De-ign. an
member- have enie their -ignature on the minute- of the -o
calle DSC meeting an anne0ure- to the meeting"
v" ,nother meeting of DSC wa- being hel on the -ame ate uner
the chairman-hip of the then Chief Engineer PHED 5r" ,llauin
Khan. wherein one member 5r" ,bul 8a-hir ha- been -hown a- a
member 4 5r" ,f-ar ,li 6ure-hi a- Secretary in both the DSC
meeting-"
vi" 5-t" 8eena /ani wa- appointe a- 9unior Clerk out of the li-t of )$
caniate- on waiting li-t an -he wa- on )+
th
number in the waiting
li-t while '? other caniate- were recommene by the -o calle
DSC which were before the caniate- on waiting li-t on merit (get
information about appointment of ++ caniate-)
vii" The -ignature- of 8eena /ani in her -ervice book an on other
ocument- -eem to be ifferent an not of the -ame per-on"
viii" 8eena /ani ha- not performe uty -ince her appointment"
i0" 8eena /ani wa- overage at the time of appointment while no age
rela0ation by the competent authority ha- been foun on recor
0" The -ignature of the then Chief Engineer PHED on the appointment
orer of 8eena /ani cannot be confirme a- the then Chief
Engineer PHED i- not available%coul not be contacte
0i" The Chief Engineer (South) PHED i- competent to i--ue%-ign
charge -heet an -tatement of allegation a- there ha been no
po-t of grae '< for mini-terial -taff an the buget book al-o
-howe the po-t of ,mini-trative 7fficer a- of grae '?
0ii" ;rit Petition !o")'$&5%)#''%Pe-hawar High Court 5ingora 8ench
(Dar&ul&6a>a) in ca-e of Sai ,kbar S%o member G- Chief Engineer
an other-. oe- not relate to the ca-e of 8eena /ani
0iii" Entrie- in the -ervice book of 8eena /ani have been mae by 5r"
,f-ar ,li 6uri-hi an he ha- al-o verifie her -ervice a-
,mini-traive 7fficer
0iv" The -ignature- of 8eena /ani in the -ervice book. on the arrival
report on her tran-fer to Chief Engineer (!orth) PHED. an her
leave application etc o not match
0v" the arrival report an meical leave application of 8eena /ani wa-
proce--e by 5r" ,f-ar ,li 6ure-hi 84, officer PHE (!orth) in-tea
of 5r" Ha-in ,mini-trative 7fficer PHE (!orth). without bringing it
into the notice of Chief Engineer (!orth)
0vi" The accu-e got copie- of the -how cau-e notice i--ue to 8eena
/ani an her reply to the -how cau-e notice without havi ng acce--
to the -ame a- 84, officer"
0vii" the C!1C of 8eena /ani i- with the name of her hu-ban but in the
appointment letter an Service 8ook her father name ha- been
u-e" Thu- -he entere in the 3ovt" organi>ation with invali
information becau-e the C!1C i- one of the ba-ic vali information
for ealing- in 3ovt"%public organi>ation-
CONCLUSIONS
i"
(ENGR. RASOOL KHAN) (ENGR. ABDUS SAMI)
Member Inquiry Committee Member Inquiry Committee
EXECUTIVE ENGINEER SUPERINTENDING ENGINEER
PHE Division Charsadda PHE Circle Peshawar.
Page $ of $
Service rule- )##*
Gerification of -ignature
EST, coeE to not atten interview%te-t%member of meeting if clo-e relative like -on i-
appearing for -election
Pay -lip of 5urta>a a- DE7 4 ,--i-tant
Sanction Strength of ,--i-tant on ''&)&)##$
Service rule- of ;SD for appointment of DE7 in )##* an promotion to ,--i-tant in
)##$