2007 PLP (C (PLC(CS))
Qazi MUHAMMAD ISMAIL Versus DIRECTOR FOOD, PUNJAB, LAHORE and another
| Citation | 2007 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ |
| Parties | Qazi MUHAMMAD ISMAIL Versus DIRECTOR FOOD, PUNJAB, LAHORE and another |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2007 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 2007 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP (C (PLC(CS)) (Qazi MUHAMMAD ISMAIL Versus DIRECTOR FOOD, PUNJAB, LAHORE and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ozair Chughtai, Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
- Date of hearing: 18th November, 2005.
Headnotes / Summary
(On appeal from the judgment, dated 29-8-2002 by the Punjab Service Tribunal, Lahore, in Appeal No.2614 of 2001).
Art. 212(3)
Punjab Civil Servants (Efficiency and Discipline) Rules, 1999, R.4(1)(b)(v)
Petitioner, who was a Food-grain Supervisor, was proceeded against along with others for huge shortfall of wheat procured by them at their centre
In regular inquiry, petitioner was found guilty and on recommendations of Authorized Officer, competent Authority passed order whereby petitioner was dismissed from service along with order for recovery of value of shortfall of wheat to be made from' petitioner--Departmental appeal and then appeal before Service Tribunal, was dismissed by impugned judgment
Petitioner had filed petition for leave to appeal against judgment of Service Tribunal
Inquiry Officer and competent Authority had satisfied themselves on the basis of record that petitioner was guilty of the charge
Petitioner had himself given in writing that there was shortfall of wheat stock and that he had prepared a bogus record for fictitious dispatches of bags of wheat
Petition for leave to appeal did not involve any substantial question of law of public importance within the meaning of Art.212(3) of the Constitution, so as to call for interference by Supreme Court.
Judgment & Decree
FAQIR MUHAMMAD KHOKHAR, J.
The petitioner seeks leave to appeal from judgment, dated 29-8-2002, passed by the Punjab Service Tribunal, Lahore, in Appeal No.2614 of 2001.
2. The petitioner was a Foodgrain Supervisor. He was proceeded against along with other officials for the huge shortfall of wheat procured by them at their centre. A regular inquiry was held in which he was found guilty. Therefore, on the recommendations of the Authorized Officer, the Deputy Director, Food, Bahawalpur Division, being the competent authority, passed an order, dated 7-6-2000 whereby the petitioner was dismissed from service along with recovery of the value of the shortfall of the wheat to be made from the petitioner and other delinquent officials in equal proportion. The petitioner filed departmental appeal, which was dismissed by the order, dated 19-10-2001, passed by the Director, Food, Punjab, Lahore. Therefore, he preferred Appeal No.2614 of 2001, which was also dismissed by the impugned judgment, dated 29-8-2002, passed by the Tribunal. Hence this petition for leave to appeal.
3. The learned counsel for the petitioner argued that the co-accused Muhammad Riaz had taken full responsibility for the entire shortage of the wheat stock. It was further contended that a criminal case was also registered against the petitioner and others in which the petitioner had been acquitted by the Court of competent jurisdiction on 2-2-2002. It was lastly submitted that the charge against the petitioner was not proved by the Inquiry Officer.
4. We have heard the learned counsel for the petitioner at some length and have also gone through the available record. We find that the Inquiry Officer, the Authorized Officer and the competent authority had satisfied themselves on the basis of record that the petitioner was guilty of the charge. It was found that the petitioner had also given in writing on 13-7-1999, that there was a shortfall of the wheat stock and that he had prepared the bogus record for the fictitious dispatches of 1770 bags of wheat. We are not supposed to hold a partial inquiry in order to determine the guilt or otherwise afresh. This petition does not involve any substantial question of law of public importance within the meaning of Article 212(3) of the Constitution of Islamic Republic of Pakistan so as to warrant interference by this Court.
5. For the foregoing reasons we do not find any merit in this petition which is dismissed and leave to appeal is refused accordingly. H.B.T./M-106/SC Petition dismissed.