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2008 PLC (C.S.) 317

GHULAM MUSTAFA vs SENIOR MEMBER, BOARD OF REVENUE, SINDH and

Citation2008 PLC (C.S.) 317
CourtSupreme Court of Pakistan
Case No.Civil Petition No,198-K of 2005
Date2005-08-31
Judge(s)Rana Bhagwan Das, Sayed Saeed Ashhad
ResultLeave refused

ORDER

' RANA BHAGWANDAS, J.--- Petitioner seeks leave to appeal against the judgment, dated 14-12- 2004 passed by Sindh 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 Ahmad 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.

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