2008 PLP (C (PLC(CS))
TAHIR LATEEF SHEIKH Versus GOVERNMENT OF PAKISTAN through Secretary, Establishment Division and another
| Citation | 2008 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Falak Sher and Syed Jamshed Ali, JJ |
| Parties | TAHIR LATEEF SHEIKH Versus GOVERNMENT OF PAKISTAN through Secretary, Establishment Division and another |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2008 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan (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: Falak Sher and Syed Jamshed Ali, 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)) (TAHIR LATEEF SHEIKH Versus GOVERNMENT OF PAKISTAN through Secretary, Establishment Division and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Noor Muhammad Khan Chandia, Advocate Supreme Court and Mehmood-ul-Islam, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
Headnotes / Summary
Art. 212(3)
National Accountability Ordinance (XVIII of 1999), Ss.15 & 25(b)
Removal from Service (Special Powers) Ordinance (XVII of 2000), S.3
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
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.
Judgment & Decree
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.