Full Judgment Text & Judicial Ruling

2012 P L C (C.S.) 1353

[Federal Service Tribunal]

Before Moazzam Hayat and Mehmood Salim Mahmood, Members

Syed HAYAT SHAH

Versus

SECRETARY, MINISTRY OF NARCOTICS CONTROL, GOVERNMENT OF PAKISTAN, ISLAMABAD and another

Appeal No.2209(R)CS of 2011, decided on 16th May, 2012.

Removal from Service (Special Powers) Ordinance (XVII of 2000)---

----Ss. 3, 5 & 10---Service Tribunals Act (LXX of 1973), S.4---Dismissal from service---Appellant was dismissed from service after charge-sheeting him and holding inquiry against him on ground that he had accepted illegal gratification---Charge against the appellant was very serious---Full-fledged inquiry was held against him in which he was given every opportunity to cross-examine the witnesses---Legal and codal formalities had fully been observed by the authorities in the case---In view of the gravity of the charges, proved in the inquiry; and also for the reason that the appellant was a fugitive from justice, appellant was not entitled to any relief since he was himself running away from justice.

PLD 1978 SC 102 rel.

M. Owais for Appellant.

Ch. Muhammad Zahid with Amir Mukhtar, Assistant as Departmental Representative for Respondents.

Date of hearing: 16th May, 2012.

JUDGMENT

MOAZZAM HAYAT (MEMBER).--- Appellant Syed Hayat Shah was a Sub-Inspector in the Anti-Narcotics Force. He was dismissed from service vide order dated 10-8-2011. His departmental appeal dated 30-8-2011 was not responded. Hence this appeal.

2. An order of inquiry was passed against the appellant on 14-4-2011. He was issued a statement of allegations. On the basis of inquiry report dated 7-6-2011 he was served with a show-cause notice.

3. The appellant was appointed as A.S.I. on 1-1-2010 and was promoted as S.I. on 23-1-2008. A Naka Party had arrested Najeeb-ur -Rehman and Muhammad Adil with arms and ammunition. The allegation against the appellant was that he had accepted illegal gratification from them and got them released. A call was made from Mobile No.0308-4412547 at 20-30 hours on 1-1-2011 to Rana Muhammad Azam, Incharge NBP, Sambrial Dry Port Branch, not to divulge anything about the transaction that had taken place in his presence through the courtesy of one Muhammad Asghar, account holder of UBL. On 11-3-2011 the appellant had gone to the said Bank and had collected Rs.240,000 out of which he had given Rs.18,000 to Naib Subedar Zafar Iqbal.

4. According to the respondents the appellant had been declared as absconder in the criminal case registered against him under the Control of Narcotic Substances Act, 1997 pending in the CNS Court Lahore, therefore, he was not entitled to any relief.

5. We have heard the learned counsel for the parties and have also perused the record.

6. The contention of the respondents that the appellant is an absconder in the criminal case has not been controverted. In PLD 1978 SC 102 it was held that an absconder was a person who was intentionally evading and avoiding service of notices, summons or warrants issued to him and intentionally making himself inaccessible to the process of law. When the appellant is making him inaccessible to the process of law he cannot seek remedy in this Tribunal, set up under Article 212 of the Constitution of Pakistan and is in fact a court of law. A fugitive from justice cannot seek justice from another judicial forum. We are constrained to hold that the appellant is not entitled to any relief since he is himself running away from justice. This appeal is nothing but an abuse of process of law.

7. The charge against the appellant was very serious. A full-fledged inquiry was held against him. He was given every opportunity to cross-examine the witnesses. The legal and codal formalities had fully been observed by the respondents in this case.

8. In view of the gravity of the charges, proved in the inquiry and also for the reason that the appellant is a fugitive from justice, we are constrained to dismiss his appeal.

9. There shall be no order as to costs.

10. Parties shall be informed.

H.B.T./3/FST Appeal dismissed.

Related Legal Research & Directories

• Browse all judgments from FEDERAL-SERVICE-TRIBUNAL
• Search Pakistani statutes: Constitution of Pakistan 1973, PPC, CrPC, CPC & Family Laws
• Analyze this case with Al Wakeelo AI Legal Assistant