Full Judgment Text & Judicial Ruling

2008 P L C (C

2008 P L C (C.S.) 188

[Supreme Court of Pakistan]

Present: Falak Sher and Syed Jamshed Ali, JJ

TAHIR LATEEF SHEIKH

Versus

GOVERNMENT OF PAKISTAN through Secretary, Establishment Division and another

Civil Petition No.1982-L of 2005, decided on 10th October, 2005.

Constitution of Pakistan (1973)---

----Art. 212(3)---National Accountability Ordinance (XVIII of 1999), Ss.15 & 25(b)---Removal from Service (Special Powers) Ordinance (XVII of 2000), S.3---Dismissal from service---Petitioner having been proceeded against by the National Accountability Bureau for acquiring assets through corruption or corrupt practices culminating into defraying of Rs.31.05 million to the exchequer; upon his entering the plea bargain within the contemplation of S.25(b) read with S.15 of National Accountability Ordinance, 1999, was subsequently subjected to the rigours of disciplinary proceedings within the contemplation of Removal from Service (Special Powers) Ordinance, 2000, resulting into imposition of major penalty of dismissal form service---Same, on appeal, was maintained by Service Tribunal by impugned judgment---Validity---Petitioner had sought leave to appeal pressing into service violation of Arts.13 & 25 of the Constitution, viz. double jeopardy and discrimination---Former plea had been advanced in oblivion of the fact that criminal proceedings were independent of the disciplinary proceedings, while on the latter count viz. two of his contemporaries had been awarded the penalty of compulsory retirement---Supreme Court declined to interfere in its extraordinary jurisdiction---Petition for leave to appeal was dismissed.

Noor Muhammad Khan Chandia, Advocate Supreme Court and Mehmood-ul-Islam, Advocate-on-Record for Petitioner.

Nemo for Respondents.

ORDER

FALAK SHER, J.---Petitioner an Officer of the Income Tax Group in BS-20 having been proceeded against by the National Accountability Bureau for acquiring assets through corruption or corrupt practices culminating into defraying of Rs.31.05 million to the exchequer, upon his entering the plea bargain with the National Accountability Bureau within the contemplation of section 25(b) read with section 15 of the National Accountability Bureau Ordinance, 1999, was subsequently subjected to the rigours of disciplinary proceedings within the contemplation of the Removal from Service (Special Powers) Ordinance, 2000 resulting into imposition of major penalty of dismissal from service on 11-11-2004, which on appeal was maintained by the Federal Service Tribunal, Lahore vide the impugned judgment dated 26-7-2005, has sought leave to appeal pressing into service violation of Articles 13 and 25 of the 1973 Constitution viz. double jeopardy and discrimination.

2. With which we are not impressed because the former plea has been advanced in oblivion of the fact that criminal proceedings are independent of the disciplinary proceedings while on the latter count viz. two of his contemporaries have been awarded the penalty of compulsory retirement, on the circumstances of the case we are not inclined to interfere in this extraordinary jurisdiction. Accordingly, the same fails and is hereby dismissed. Leave declined.

H.B.T./T-5/SC Leave refused.

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