2002 PLP 1104 (YLR)

Mirza Muhammad Iqbal and others v. Government of Punjab PLD 1991 Lah. 109 ref. M. Aftab Iqbal Chaudhary for Petitioner: Through this Constitutional petition, the petitioner seeks quashment of case F. I. R. No.3 of 2002 dated 11‑1‑2002 under sections 409/420/468/471, P.P.C. read with section 5 of the Prevention of Corruption Act, 1947 registered at Police Station ACE, Faisalabad.

2. Brief facts of the case are that respondents No.5 and 6 made a complaint against the petitioner that the petitioner had misappropriated an amount of Rs.1,85,000 in the purchase of empty bags and the petitioner had built a house worth Rs.30,00,000 which has been constructed beyond his known sources of income. C.O., ACE, held inquiry into the allegation and found the facts mentioned in the complaint bogus vide report dated 30‑11‑2000 and recommended for droppage of proceeding. All the proceedings were brought before respondent No.1, who again appointed another Inquiry Officer, Ata Ullah Khan, D.S.P. who vide report dated 30‑11‑2000 also recommended that the proceeding against the petitioner be dropped. It is submitted that in the said two thorough inquiries the petitioner was exonerated, but respondent No.3 on a third inquiry has recommended that a case under the Anti -Corruption Law be registered, the quashment of the same has been sought in this Constitutional petition.

3. The learned counsel for petitioner contends that action of respondent No. 1 is tainted with mala fide and he could not order for registration of the case in presence of earlier two inquiries, and on the basis of finding by two Inquiry Officers that the case is false and is liable to be quashed as it is in violation of Anti‑Corruption Establishment Rules, 1985. It is further contended that in the departmental inquiry the petitioner has also been found innocent and no action has been taken against the petitioner on departmental side. It is further contended that the F.I.R. is false and this Court can interfere while exercising its jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan to save the petitioner from facing investigation in the above said case.

4. I have heard the learned counsel for petitioner at length and have also perused the documents attached with the file. The learned counsel for petitioner has failed to show any Rule, which bars respondent No.1 from holding third inquiry as result of which the case has been registered. The contention of the learned counsel that this case has been registered in violation of Anti‑Corruption Establishment Rules, 1985 has no force. The Rules are framed by the Executive Authorities and not by the Parliament and these rules are not mandatory, but are directory in nature. Even any action is taken in violation of the Rule that will not sufficient ground for quashment of the F.I.R. as serious allegation has been levelled against the petitioner and a prima facie case is made out against him. In case Mirza Muhammad Iqbal and others v Government of Punjab (PLD 1991 Lahore 109) it has been held as under:‑ "Rules have to remain within the para‑meters of the Act/Ordinance and the moment the same or some of them travel beyond the provisions of parent law, the same are struck down as ultra vires." Prima facie a case is made against the petitioner which requires recording of evidence and collection of the evidence is duty of the Investigating Officer as is defined in section 4, of Cr.P.C. This Court while exercising powers under Article 199 of the Constitution cannot stay the investigation of the case and restrain the Invistagating Officer to collect evidence. Hence this petition has no merit. It is dismissed in limine. N.H.Q./M‑1055/L Petition dismissed.