Full Judgment Text & Judicial Ruling

1995 P L C (C

1995 P L C (C.S.) 640

[Supreme Court of Pakistan]

Present: Abdul Qadeer Chaudhry and Saleem Akhtar, JJ

KARAMAT HUSSAIN

Versus

WATER AND POWER DEVELOPMENT AUTHORITY and another

Civil Petition No. 993/1, of 1993, decided on 11th May, 1994.

(On appeal from the judgment/order, dated 6‑4‑1993, of the Federal Service Tribunal, Islamabad, passed in Appeal No. 195(L)/93).

Constitution of Pakistan (1973)‑‑‑‑

‑‑‑‑Art. 212(3)‑‑‑Reversion‑‑‑Validity‑‑‑Leave to appeal was granted to consider the contention; that service Tribunal had not applied its mind to the facts of the case; that report of the Inquiry Officer was factually incorrect; that there was no direct evidence against the misconduct attributed to civil servant; and there was no allegation that civil servant was reported to be corrupt.

Ch. Mushtaq Masood, Advocate Supreme Court instructed by Sh. Masood Akhtar, Advocate‑on‑Record for Petitioner.

Date of hearing: 11th May, 1994.

ORDER

ABDUL QADEER CHAUDHRY, J.‑‑‑The Petitioner seeks leave to appeal against the judgment of the Federal Service Tribunal dated 6‑4‑1993.

2. The petitioner was charge‑sheeted for corruption. An inquiry was conducted against him, and was found guilty of the charge. He was reduced to the post of Assistant Budget and Accounts Officer (B‑16) for a period of three years. His appeal has been dismissed by the Service Tribunal. The learned Service Tribunal has based its judgment on the report of the Inquiry Officer and then observed as under:‑‑

"The appellant was furnished copy of inquiry report and no prejudice has been alleged or caused to him. He was also given personal hearing. Therefore, we are of the opinion that the second charge against the appellant has rightly been proved, and the impugned order of his reduction to the post of Assistant Budget and Accounts Officer for a period of three years is rather a lenient view taken by the respondents, otherwise in cases of corruption, dismissal from service would have been the appropriate punishment. We, therefore, uphold the impugned order and dismiss the appeal with costs."

3. The learned counsel for the petitioner has submitted that the learned Tribunal has not applied its mind to the facts of the case; that the report of the Inquiry Officer, that P.W. Muhammad Hayat Yaqoob and P.W. Sarfraz Khan are independent witnesses, is not correct, as both these witnesses were also contractors and directly interested in levelling allegations against the Petitioner. There is no direct evidence of receiving bribe from the contractors, and there is no allegation that the petitioner is reported to be corrupt.

Leave is granted to consider the contentions of the learned counsel.

AA./254/S Leave granted

Related Legal Research & Directories

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