Ayesha A. Malik J: Through this petition, the Petitioner has impugned order dated 21.02.2015 issued by Respondent No.2 on the ground that the stated Respondent lacks jurisdiction to probe into the private complaint of Respondent No.5.
2. The basic case is that the Petitioner is a Cooperative Housing Society registered under Section 10 of the Cooperative Societies Act, 1925 ("Act"). Respondent No.5 filed several complaints against the Petitioner before various different forums including a complaint under Section 44-A of the Act.
These applications have been decided by the competent forums/officers and yet repeatedly Respondent No.5 moved applications time and again to harass the Petitioner. In this way, Respondent No.5 filed an application before Respondent No.3 levelling allegations of fraud and corruption against the Petitioner Society and its management. On the basis of the said application, Respondent No.2 issued a letter to Respondent No.3, Chairman, Chief Minister Inspection Team ("CMIT") on 21.02.2015, which reads as follows:- "On presentation of the enclosed application of Mr. Muhammad Zubair Rafiq and other resident of T&T ECH Society, Lahore, on the subject noted above, Chief Minister has been pleased to desire that in the interest of justice and fair play the matter be probed and outcome of the same may be put up for his information/orders."
It is noted on the said letter that Member General-V ("MG-V") may conduct this enquiry and submit report within two weeks. On 26.02.2015 MG-V issued a letter to the District Officer (Cooperative), Lahore calling for the complete record of the Petitioner Society including registration, layout plan, total membership, sale of land, development, commercialization, audit reports and for reply on the complaint. Subsequently, another letter was issued by MG-V on 25.08.2015 wherein it is mentioned that Respondent No.5 has complained that he was not given an opportunity to submit his evidence nor was he heard properly during the inquiry by the District Officer (Cooperative) hence he should be heard and that he has raised further allegations with respect to the management of the Society which requires a response from the District Officer (Cooperative). The said District Officer (Cooperative) was called on to the MG-V office along with complete record pertaining to the allegations highlighted in the letter dated 03.03.2015 as well as with respect to the further allegations raised in letter dated 09.05.2015.
3. It is argued on behalf of the Petitioner that Respondent No.4 does not have the jurisdiction to conduct an inquiry on the complaint of Respondent No.5. The jurisdiction of such a complaint vests with the District Officer (Cooperative)/Respondent No.6 who has already decided upon several complaints filed by Respondent No.5 including one under Section 44 and 44 A of the Act and has enquired into all allegations and passed its order on 03.03.2015. Under these circumstances, the power under the Act to inquire into complaint vests with District Officer (Cooperative), the CMIT cannot conduct parallel enquiries.
4. On behalf of Respondent No.5 whose learned counsel has argued his complete case on a previous date of hearing, it was urged that he has serious grievances against the Petitioner, which could not be looked into under the Act, hence he moved a complaint before the CMIT. With respect to the other applications moved before the DOC/DR, DG Anti-Corruption, Additional Secretary Cooperatives, Lahore, Secretary Cooperatives Department, Director Anti-Corruption, Lahore etc as well as to the Police department, he admitted that the same have been moved and that orders have been passed on some applications.
5. On behalf of Respondents No. 1,2,3 and 4 learned Law Officer has stated that CMIT oversees the working of all the departments in terms of the Punjab Government Rules of Business, 2011 ("Rules of Business"). The CMIT is directly answerable to the Chief Minister and conducts its business under his orders. As per the second schedule of the Rules of Business, CMIT can inspect important matters affecting Government/public interest and seek appropriate action where required by the Chief Minister. Learned Law Officer stated that MG-V has merely called for the record of the Society so as to enquire into the issue and to place a comprehensive report before the Chief Minister in the public interest. He stated that it is not the intention of the stated Respondent to usurp the jurisdiction given to the Registrar Cooperative Housing Societies, Punjab under the Act.
6. Heard and record perused.
7. The Rules of Business framed under Article 139 (3) of the Constitution of Islamic Republic of Pakistan, 1973 ("Constitution"), provides that the Provincial Government shall also make rules for the allocation and transaction of its business. Under Rule 17 of the Rules of Business there is a CMIT, which is directly answerable to the Chief Minister of the Province and shall conduct business under his orders. As per the Rules of Business CMIT is deemed to be a department and it has a Chairman and a Secretary of the Department. Second Schedule of the Rules of Business provides for the distribution of business among departments. In terms of the schedule the CMIT has 12 functions as listed below:-
1. Inspect sample development projects throughout the province with the following objectives:
(a) That development projects are properly planned and are executed efficiently, expeditiously and economically with effective quality controls and to recommend appropriate action against the defaulting officials/departments.
(b) That directives/orders of the Government regarding development projects are being fully implemented. c) That officials of Nation Building departments and contractors are carrying out their duties, responsibilities and tasks properly and efficiently.
2. Inspect or cause to be inspected all Government departments including Police, Autonomous/Semi-Autonomous Bodies/Corporations, Institutions and Local Bodies to see whether or not these departments/Agencies discharge their duties/functions efficiently and expeditiously and to bring serious observations to the notice of the Government together with recommendations for improvement.
3. Take cognizance of any important matter affecting Government/public interest and draw attention of the authorities concerned for appropriate action and place it before the Chief Minister for his consideration/order.
4. Entertain complaints of serious/urgent nature and pass these on to the concerned quarters for expeditious disposal or carry out investigation/probe directly as may be appropriate.
5. Undertake special assignments which may be entrusted to it under orders of the Chief Minister on any matter not specified in this Charter.
6. Any requisition made or assistance required by the Inspection Team in these regards shall be complied with promptly by all concerned.
7. Other departments may assign specific important tasks to the Inspection Team with prior permission of the Chief Minister.
8. The Chairman, Chief Minister's Inspection Team shall submit his reports to the Chief Minister directly. Copies may be endorsed to the concerned departments/officials except those which may be of confidential nature.
9. The Chief Minister's Inspection Team shall maintain close liaison with Anti-Corruption Department and pass on cases which may be appropriate to be dealt with by them.
10. Budget, accounts and audit matters.
11. Purchase of stores and capital goods for the department.
12. Service matters except those entrusted to Service and General Administration Department.
On a plain reading of the Rules of Business, it is evident that the CMIT is an independent department whose basic function is to inspect government departments and government officers to ensure that they are doing their duties and functions efficiently and expeditiously. Where the work is not being done or matters are delayed by a department or an officer, the CMIT has the jurisdiction to inspect that department to see whether it has discharged its functions and duties expeditiously and to bring it to the notice of the Chief Minister. In this context if there are important matters related to the functioning of government departments and government officers, the CMIT is to bring it to the notice of Chief Minister for his consideration and necessary orders. In the same context where there are complaints pertaining to the discharge of duty by a department or an officer, the CMIT can entertain such a complaint and after obtaining necessary orders require the department or officer to carry out its functions efficiently and expeditiously. So the purpose of the CMIT is to ensure that government departments and government officers carry out their functions as required under the law. The Rules of Business do not permit the CMIT to assume an investigative power on a private complaint, where a forum for such investigative powers has been provided under a statute, to a specific authority. In this case, Section 43 to 44-E of the Act gives specific powers to the Registrar Cooperative Department to conduct inquiries and inspect the books of any Cooperative Society. Furthermore, Section 44-E gives him Special Powers for adopting special measures. Section 44D of the Act provides for the Registrar's powers (1) Where the Registrar is satisfied that in the public interest or to prevent the affairs of any Society from being conducted in a manner detrimental to the interest of its members of depositors or the Society or to secure the proper management of any Society generally, it is necessary to issue directions to the Societies generally or to any Society in particular, it may issue necessary direction and the Societies or as the case may be the Society shall be bound to comply with such directions. (2) The Registrar may on a representation made to him or on his own motion modify or cancel any direction issued under sub-section (1) and is not modifying or cancelling any direction impose such conditions as he may think fit subject to which the modification or cancellation shall have effect.
8. Admittedly, Respondent No.5 moved a complaint under Section 44 of the Act and an inquiry was held under Sections 44 and 44-A of the Act vide letter dated 14.11.2014. The Petitioner Society and its management filed replies, the matter was enquired into and ultimately, an order was issued on 03.03.2015 dismissing the complaints and applications filed by Respondent No.5. Respondent No.5 then moved a complaint before CMIT on 17.02.2015. On that complaint an order was issued by Respondent No.2 that the Chief Minister is required in the interest of justice and fair play that the matter be probed into and the outcome of the same may be put up for his information/orders. On the order of Chief Minister, Respondent No.4 was directed to conduct an inquiry and submit his report. In terms of the Rules of Business, the CMIT can look into the functioning of Provincial Government departments and its officers to ensure that they are performing their duties and functions efficiently and expeditiously. The CMIT can on its own initiative look into the departments and its officers where matters of public interest are under consideration, to ensure its efficient handling and working. In fact the purpose and scope of the CMIT is to keep a watching eye on the departments and officers, who are state functionaries carrying out public service. In the event that a department or officer fails to perform its/his duty or is slow to perform, the CMIT can inquire and recommend action against it/him. However, it cannot initiate an inquiry on a private complaint which complaint can be filed and decided under a statute before a statutory authority which is a proper forum to deal such like complaints. The CMIT is not an additional or alternate forum for private complaints such as that of Respondent No.5. It is a forum strictly required to ensure good governance from Provincial Government departments and officers. It can carry out special assignments related to the working of the departments and officers on the instructions of the Chief Minister, however, it cannot conduct inquiries on the basis of private complaints where such inquiries are catered for under a statute. That is why the Rules of Business require the CMIT to maintain a close liaison with the Anti-Corruption Department so that it can ensure good governance from its departments and officers.
8. Under the circumstances, this petition is accepted and the impugned order is set-aside as it is against the mandate of Rules of Business.