2008 PLP (C (PLC(CS))
GHULAM MUSTAFA Versus SENIOR MEMBER, BOARD OF REVENUE, SINDH and another
| Citation | 2008 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Rana Bhagwandas and Saiyed Saeed Ashhad, JJ |
| Parties | GHULAM MUSTAFA Versus SENIOR MEMBER, BOARD OF REVENUE, SINDH and another |
| Primary Law | Sindh Civil Servants (Efficiency and Discipline) Rules, 1973 |
Q1: What are the key laws and sections cited in 2008 PLP (C (PLC(CS))?
This judgment primarily cites: Sindh Civil Servants (Efficiency and Discipline) Rules, 1973 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Rana Bhagwandas and Saiyed Saeed Ashhad, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP (C (PLC(CS)) (GHULAM MUSTAFA Versus SENIOR MEMBER, BOARD OF REVENUE, SINDH and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Akhlaq Ahmad Siddiqui, Advocate on-Record for Petitioner.
- Nemo for Respondents.
Headnotes / Summary
R. 4(1)(b)(iv)
Sindh Service Tribunals Act (XV of 1973), S.4
Constitution of Pakistan (1973), Art.212(3)
Appeal against-Appellant serving as Junior Clerk was dismissed from service after serving upon him show-cause notice and holding inquiry against him on allegations of forgery and embezzlement
Embezzlement of huge amount came 'to light as a result of audit of accounts in the office
Petitioner in his reply to show-cause notice, did not deny act of forgery and embezzlement and in the face of admission by the petitioner accepting his liability for commission of act of embezzlement, hardly there was any need to hold a regular inquiry against him in view of settled facts that facts admitted need not be proved
Rules of natural justice were fully complied with and observed before taking action against petitioner and imposing penalty upon him
No question of law of public importance being spelt out, petition was dismissed.
Judgment & Decree
RANA BHAGWANDAS, J.
Petitioner seeks leave to appeal against the judgment, dated 14-12-2004 passed by Sinn Service Tribunal dismissing his appeal against dismissal from service and direction for payment of defaulcated amount of Rs.2,37,174.
2. The petitioner was serving as junior clerk in the Office of Executive District Officer (Revenue), Dadu. He was served with a show-cause notice on 28-12-2001 calling upon him to explain several acts of forgery and embezzlement of Government money. Although he denied the allegations and approached the Senior Member, Board of Revenue, he was asked to approach the proper forum. The embezzlement of huge amount came to light as a result of audit of accounts in the office of then Deputy Commissioner, Dadu consequent upon enquiry held, by the then Additional District Magistrate, Kotri. From the record it appears that in his reply to the show-cause notice the petitioner did not deny the act of forgery and embezzlement except that these transactions took place with the approval of the then Additional Deputy Commissioner, Dadu Mr. Riaz Abroad Massan. In the face of admission by the petitioner accepting his liability for commission of act of embezzlement there was hardly any need to hold a regular enquiry against him as it is well-settled that facts admitted need not be proved. In any event rules of natural justice were fully complied with and observed before taking action and imposition of penalty upon the petitioner. No question of law of public importance is thus, spelt out.
3. For the foregoing reasons the petition is devoid of any merit and substance. It is accordingly dismissed and leave to appeal refused. H.B.T./G-14/SC Leave refused.