1996 PLP (C (PLC(CS))

‑‑‑‑R. 4‑‑‑Consititution of Pakistan (1973) Art 212(3)‑‑‑Dismissal from service‑‑‑Petitioner, a Customs Inspector inspected cartons and examined 20 per cent. of goods contained therein, in presence of Clearing Agent, which were intended to be exported to U.S.A. and found to have contained surgical instruments and other goods as per invoice and packing list‑‑‑At the port of destination in U.S.A. upon making of enquiry of Customs Authorities, such consignments were found to be consisted of surgical instruments, handicrafts etc. ‑‑‑Petitioner was charge‑sheeted for having caused loss to national exchequer which was paid as rebate to exporters‑‑‑Petitioner was dismissed from service after holding necessary enquiry‑‑‑Validity‑‑Leave to appeal was granted to consider whether U.S. Customs Report without its formal proof was sufficient to hold petitioner as guilty or whether there was any corroborative material before Enquiry officer indicating petitioner's guilt. Sardar Muhammad Akram, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 31st January, 1995. AJMAL MIAN, J.‑‑‑This is a petition for leave to appeal against the judgment dated 11‑7‑1993 passed by the Federal Service Tribunal, Camp at Lahore, hereinafter referred to as the Tribunal, in Appeal No. 116(L) of 1993 filed by the petitioner against his dismissal from service vide order dated 28‑8‑1991, dismissing the same.

2. The relevant facts are that the petitioner, while working as an Inspector of Customs in the Export Section at Lahore Airport, inspected 98 cartons and examined 20 % of goods contained therein in presence of clearing agent, which were intended to be exported to U.S.A. and found to have contained surgical instruments and G/goods as per invoice and packing list. However, when the above consignment reached the port of destination in U.S.A., upon making of enquiry by the U.S. Customs Authorities, it transpired that the said consignments consisted of surgical instruments, handicrafts (footballs), even less than 20 % quantity reported to have been examined by the petitioner. The petitioner was, charge‑sheeted for having caused loss to the national exchequer to the tune of Rs.12,87,007 which was paid as rebate to the exporters. After holding necessary enquiry, the petitioner was dismissed from service. His appeal before the Tribunal also failed. He has, therefore, filed the present petition for leave to appeal.

3. In support of the above petition, Sardar Muhammad Akram, learned A.S.C. appearing for the petitioner, has contended that neither any affidavit of any Customs official of U.S. Customs was produced nor the above U.S. Customs Report was produced nor the above U.S. Customs Report was proved and, therefore, there was no evidence on the basis of which finding of guilt could have been recorded by the Enquiry Officer against the petitioner.

4. We art inclined to grant leave to consider, whether the above U.S. Customs Report without its formal proof was sufficient to hold the petitioner as guilty or whether there was any other corroborative material before the Enquiry Officer indicating the petitioner's guilt. Leave is, accordingly, granted. A.A.IM‑3044/S Leave granted.