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STATE VS.

RASHEED AHMED

REPORT OF PRELIMINARY INQUIRY AGAINST RASHEED


AHMED, NAIB NAZIR, TEHSIL KHANPUR, DISTRICT, RAHIM
YAR KHAN.

INQUIRY REPORT.

Consequent to a complaint dated 28.03.2016 against Rasheed

Ahmed the then Naib Nazir, Tehsil Khanpur, District, Rahim Yar Khan by the

then Magistrate 1st Class, Mr. Muhammad Shafique, Rahim Yar Khan a

preliminary inquiry was required to be conducted to fix the responsibility of

the delinquent, vide orders dated 29.03.2016. The learned Civil Judge 1st

Class/inquiry officer, reported on 15.04.2016 wherein he was of the view that

Abdul Rasheed, Naib Nazir was not at fault, rather he declared Muhammad

Shakeel process Server and Habib-Ul-Rehman, Ahlmad (Civil) responsible,

however, the then learned Senior Civil Judge, Rahim Yar Khan found the said

report incomplete. So, he again sent the inquiry to Mr. Tahir Mehmood,

learned Civil Judge 1st Class, Rahim Yar Khan to distinguish the faults, if any

of the said official.

The learned inquiry officer summoned the accused persons and

considering the said inquiry as a regular inquiry inadvertently framed the

charge against accused/officials. The instant pending inquiry later on was

entrusted to undersigned by the orders of the then learned Senior Civil Judge,

Rahim Yar Khan on 17.02.2017. I have gone through the available record i.e

statements of the accused/officials and documents annexed. It was complaint

against Rasheed Ahmed Naib Nazir, Tehsil Khanpur, district Rahim Yar
Khan that in execution petition titled “Gulshan Bibi etc. Vs. Muhammad

Yousaf” summons were issued to judgment debtor vide orders dated

18.02.2016 wherein the next date was fixed for 26.03.2016 but on the said

date the summons after report from said Naib Nazir had not been submitted.

Ahlmad of the complaining court as well as Abdul Gahfoor Naib Nazir had

stated that they had sent those summons from Rahim Yar Khan vide packet

No.190 dated 25.02.2016. The perusal of relevant page of Dak Bahi of the

complaining court it reveals that on 25.02.2016 the summons were sent to the

concerned corner while the same had been mentioned at No.190 of the same

register. However, the register of the process server namely Muhammad

Shakeel manifests that he received summons from Khanpur but did not hand

over the same to the Ahlmad (Civil) of the complaining court, because at the

relevant column no signatures of the Ahlmad are present, for any of such

receiving. Moreover, those summons have not been annexed with the file. It

was duty of the process server to hand over the same to the concerned Ahlmad

and take signatures on his register. The then Naib Nazir Khanpur namely

Rasheed Ahmed performed duty on his part and he was not any fault.

For what has been discussed above, I am of the view that none
other than the process server namely Muhammad Shakeel was responsible for
said anomaly. It is proposed that the process server namely Muhammad
Shakeel may be put to regular inquiry for even deeper probe of the matter or
may be warned to be careful in future.
With these observations, report and file of this preliminary
inquiry be respectfully placed before the learned Senior Civil Judge, Rahim
Yar Khan for appropriate orders.
Announced:
04.06.2018. FAHAD-UR-REHMAN,
Inquiry officer/Magistrate Section 30,
Rahim Yar Khan.
04.06.2018.
O R D E R:
Vide my separate detailed order of even date in English version,

instant preliminary inquiry has been decided. The file of this preliminary

inquiry and report is hereby sent to the learned senior civil Judge(Admin),

Rahim Yar Khan for further actions.

Announced
04.06.2018. FAHAD-UR-REHMAN,
Inquiry officer/Magistrate Section 30,
Rahimyarkhan.

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