INQUIRY

REPORT

UNDER

KHYBER

PAKHTUNKHWA

GOVERNMENTS SERVANTS (EFFICIENCY & DISCIPLINE)

RULES 2011 AGAINST MR. AURANGZEB KASHMIRI, JUNIOR
CLERK C&W (BUILDING) DIVISION MARDAN REGARDING
AGGRESSIVE ATTACK ON FEMALE D.E.O IN OFFICE.

I.

ORDER OF INQUIRY:
The

Competent

Authority

(Chief

Engineer

(Centre),

Communication & Works Department, Khyber Pakhtunkhwa Peshawar)

has been pleased to order an Inquiry against Mr. Aurzngeb Kashmiri,
Junior Clerk, Presently posted in the O/O XEN C&W (Building) Division
Mardan, vide his office No. 75-E/1083/CE/C&WD dated 16/09/2014
(Copy of letter along with enclosures attached at (Annex-A (i) ---- A (xi))

II.

TERMS

AND

REFERENCE

(TOR)

STATEMENT

OF

ALLEGATIONS AGAINST THE OFFICIAL:

Following is the statement of Allegations/Charge Sheet against
the above-named official.

As reported by District Education Officer

(Female) District Mardan, he has threatened abused and
aimed pistol at her in her officer for want of an illegal official

favour, thus he found guilty of harassing the lady officer.

Therefore his this act tentamounts to serious mis-conduct
under Rule-3(b) of the Khyber Pakhtunkhwa Efficiency and
Discipline Rules, 2011.

III.

INQUIRY PROCEEDINGS:
1.

On receipt of the afore-mentioned Inquiry letter in the office

of the under-signed, Chief Engineer (Centre)/The competent Authority

was initially requested for withdrawal of undersigned as the Inquiry
Officer vide No. 507/3-E dated 25-09-2014, due to the reason
mentioned therein (Annex-B).

2.

The above request of the undersigned was not acceded to

by the Competent Authority vide No. 75-E/1172/CEC&WD dated

30.09.2014 (Annex-C).

3.

The accuesed official Mr. Auragnzeb Kashmiri submitted

his Reply to the Charge Sheet / Statement of Allegations along with

enclosures vide letter dated 21.09.2014 (Annex-D (i) (xix)).
4.

The reply of the accused along with enclosures was also

communicated to the undersigned vide Chief Engineer (Centre) No. 75E/1252/CE/C&WD dated 20.10.2014 (Annex-E).

5.

After receiving the reply of accused, the accused official

was directed to intimate to the undersigned If he desired his personal

hearing and to produce any witness/evidence on affidavit and any
additional documentary material in his support/defence vide Letter No.
692/3-E dated 27/10/2014 (Annex-F).

6.

Miss. Zuhra Begum Ex-D.E.O (Female) Mardan was also

asked to produce witness/evidence on affidavit and any additional

documentary material in support of her allegations against the accused
and to intimate if personal hearing is desired by her vide Letter No.
691/3-E dated 27/10/2014 (Annex-G).

7.

The District Education Officer (Female), Mardan was requested

to provide the Report of preliminary Inquiry against the accused,

conducted at the level of Elementary & Secondary Education
Department, along with relevant record vide Letter No. 690/3-E dated
27/10/2014. (Annex-H).

8.

In response to the Inquiry officer/letter dated 27/10/2014, the

accused official neither submitted any additional documentary material

in his support nor responded to the option of his personal hearing

9.

Miss Zuhra Begum, Ex-D.E.O (Female) Mardan submitted her

statement along-with some supporting additional documents vide letter

No. 5850 dated 15/11/2014 (Annex-I (i) (xxxiii)).

10.

Some additional documents were received in the office of the

under-signed, without any covering letter, apparently from accused

official as found written on the covering envelop (Annex-J (i vi)).

IV.

CHARGES & REPLY OF THE ACCUSED:

S#
1.

Charges
As

reported

Education
District

Reply of Accused

by

Officer

Mardan,

District That the allegation leveled against me

(Female) in

you

charge

sheet/statement

of

have allegation is totally incorrect, denied. I

threatened abused and aimed am a peaceful citizen and obedient

pistol at her in her officer for civil servant and known for my best
want

of

an

illegal

official performance for the welfare of Clerks

favour, thus you found guilty of Community in entire KPK as well as

1.

harassing
Therefore

the

lady

your

officer. Mardan

this

District,

within

the

legal

act parameters.

tentamounts to serious mis- The true facts are that I visited the
conduct under Rule-3(b) of the Office
Khyber
Efficiency
Rules, 2011

of

DEO

(Female)

District

Pakhtunkhwa Mardan along with Awal Khan (Land

and

Discipline Doner) in connection with preferential

treatment for appointment of son of
said, Awal Khan as Class-IV being
Land Doner who donated his valuable
piece of land measuring (1 Kanal)
for GGPS Khat Kaly Mardan, as per
judgment of Hounourable Supreme
Court of Pakistan coupled with Policy
of Education Department.
I submitted of my said request in a
very polite and decent method but she
although obligated under the Law
being Public Servant, to deal us in a
smooth environment became flared up
and shouted in a threatening Voice to
GET OUT OF MY OFFICE and
later-on it revealed that she appointed
one Mr. Tufail against the said ClassIV post for vested interest.

Sir, I swear ALLMIGHTY ALLAH and

even on Oath on HOLY QURAN that I
neither threatened nor abused nor
aimed Pistol at her for illegal favour.
I have been tortured as FIR No. 12
dated 04.01.2014 which is still under
trail regarding same false allegation, 3
MPO remained behind the Bar for 18
days, due to undue influence of her
brother namely Yahya Akhoon Zada
earlier D.C Malakand and presently
P.A. Bajaour, Double trial/enquiry are
prohibited as per Art 13 of Constitution
of Pakistan 1973. I am innocent and
falsely charged. Charge Sheet may
please be filed, without any further
action.

V.

WITNESS / EVIDENCE ON AFFIDAVIT:

The accused official and the complainant both were asked to

produce respective witnesses/evidences on affidavits in their defence/

support (Annex F & G) but no such response from either of them was
received.
VI.

FINDINGS:

From the perusal of the record/documentary materials

provided to the undersigned, it is revealed that:

i).

The accused has visited the office of DEO (Female),

Mardan on 04.01.2014 during the office/duty hours without prior

permission/approval of his officer Incharge or the Executive Engineer of
the Division.

ii).

The accused has visited the office of DEO (Female) in

connection with a business/activity which falls out-side the ambit of his

official duties in the capacity of a Public servant. Even as a
member/office bearer of an Association, as claimed by the accused, he
was not allowed, as per statutory provisions of NWFP Govt: Servants
(conduct) Rules, 1987, to get involved in individual cases neither public
nor private. As an office bearer of an Association, he is not allowed to
participate in such activities at the cost of his official duties, as per
above quoted conduct rules.
iii).

As no witness/evidence an affidavit was produced by either

party, in support of their respective statements, therefore, it is not

possible to buy the version of incident of any party in wholeness.
However, it do transpires from the perusal of record that the accused
has interfered unlawfully in the official business of District Education

Officer (Female), Mardan. This is also reflected in the Judgment of

Peshawar High Court, Peshawar, dated 08.01.2014 in write Petition No.
31-P of 2014 filed by the accused regarding the same incidence
(Annex-K).

iv).

At present, Both the parties have now got affected a

compromise and have reached an agreement regarding the above

incident. The compromise statement has been given by both the parties
in each others favour Miss. Zuhra Begum Statement of (Annex-J (iii) &
(iv)) and the accuseds at (Annex-I (v)).

v).

According to the Compromise statements, the accused has

withdrawn all of his complaints/allegations against the D.E.O (Female)

Miss. Zuhra Begum declaring them to be false and baseless. While
Miss. Zuhra Begum has forgiven the accused in an agreement that both
the parties shall refrain from taking hostile actions against each other, in
connection with the above incident.

VI.

CONCLUSION:
1.

The changes/Allegation leveled against the accused do are

found partially established. The accused intended to draw an illegal

official favour from D.E.O (Female) Mardan. His adopted course of
actions tentamount to misconduct as defined in the Khyber

Pakhtunkhwa Government Servants (Efficiency & Discipline) Rules

2011. While the other allegations of threatening, abusing and aiming
pistol at D.E.O (Female) Mardan could not be found established in light
of the available record. Similarly the charge of harassing her could also
not be established, as per definition of harassment elaborated in the
Women Harassment Act.
2.

At present both the parties have affected a mutual

agreement/compromise regarding this incident, bound by the tendon of

withdrawing the allegations and being non-hostile to each other in
future.

(Engr: Amir Jamal)

Inquiry Officer /
Executive Engineer
C&W Division Torghar

No: __________/___________

dated Torghar the 28/11/2014

Chief Engineer (Centre)

C&W Department,
Peshawar

Subject:

AGGRESSIVE ATTACK ON FEMALE D.E.O IN OFFICE

Reference:

Your office No. 75-E/1083/CE C&WD dated 16/09/2014.

Kindly refer to above and find enclosed herewith the Inquiry Report

regarding the subject matter in, 3-copies, for favour of further process please.
Enclosed: As Above

(Engr: Amir Jamal)

Inquiry Officer /
Executive Engineer
C&W Division Torghar
Copy to:
i.

Chief Engineer (North), C&W Department Peshawar for information please.

ii.

Superintending Engineer C&W Circle Mardan for information please.

(Engr: Amir Jamal)

Inquiry Officer /
Executive Engineer
C&W Division Torghar

INQUIRY REPORT
INQUIRY

REPORT

PAKHTUNKHWA
(EFFICIENCY

UNDER

GOVERNMENTS

&

DISCIPLINE)

KHYBER
SERVANTS

RULES

2011

AGAINST MR. AURANGZEB KASHMIRI, JUNIOR

CLERK C&W (BUILDING) DIVISION MARDAN
REGARDING AGGRESSIVE ATTACK ON FEMALE
D.E.O IN OFFICE.

Conducted By:

ENGR: AMIR JAMAL

EXECUTIVE ENGINEER
C&W DIVISION BUNER
(NOVEMBER 2014)