' Muhammad Younis Thaheem, J.--This judgment is directed to dispose of instant writ petition whereby petitioner seeks the constitutional jurisdiction of this Court with the following prayer: "On acceptance of this writ petition in hand the respondents may kindly be restrained from lodging FIR, prosecuting the petitioner, recovery of amount from the petitioner and from illegal harassment and'any adverse action."
2. Brief facts of the case leading to this petition are that petitioner is serving medical doctor of Khyber Pukhtunkhwa Health Department, who was transferred in the month of February 2012 to the Rural Health Centre known as Civil Hospital Akora Khattak.
3. According to petitioner hospital was under political influence of local political figure and its condition was badly affected by the flood and in these circumstances took charge of the hospital and he cut supaida trees which were dangerous for human particularly when storm hit and wind blown. These trees were either cut or de-branched upon the verbal permission of DHO Noshehra upon the requests of resident staff of the hospital. He sold all cut trees and branches and earned Rs, 82000/- and deposited the same amount in the government, exchequer, but on complaint of political figure Mr. Wali Muhammad Khan and his son Pervaiz Ahmad. An open inquiry has been initiated by the Anti Corruption establishment which is illegal and on the basis of same open inquiry the respondents are adamant to lodge FIR against him which amounts to his illegal harassm ent.
4. Comments were submitted by Respondent # 1 and same comments were relied upon by Respondent # 2 wherein respondents alleged that petitioner is involved in corruption and corrupt practices and during performance of his duties being in charge of RHC Akora Khattak caused loss to Khyber Pakhtunkhwa exchequer to the tune of Rs, 250000 by cutting and selling trees and anti corruption establishment being competent investigating agency had lawfully initiated open inquiry and case of petitioner is under investigation. Para # 17 and 23 are reproduced: "17. Incorrect, the petitioner did not obtain proper permission from District Forest Officer Noshera about cutting of trees standing whether the compound wall of RHO Akora Khattak and published no auction notice in daily news paper about sale of cut trees, as such the petitioner along with his subordinate staff and contractor were proceeded against under provision or Rule 3 of NWFP now KPK after obtaining proper order from worthy Director ACE KPK dated 08.01.2013, copy of order on the application dated 08.01.2013 and letter # 404/ACE dated 15.01.2013 are enclosed as annexure-A & A/1.
23. Incorrect no comments, however, according to audit report submitted by senior auditor ACE Peshawar vide # 4255-57/ACE dated 24.4.2015, the (copies enclosed as annexure-C) petition alongwith subordinate RHO Akora Khattak and contractor caused loss of Rs, 25000/-to government exchequer out of which an amount of Rs, 82000/-are deposited in government treasury under head C-084/health dated 03.12.2012 cony of cheque enclosed as annexure-C/1 while remaining amount of Rs, 168,000/-is still out-standing against the petitioner and his subordinate staff and contractor which are mandatory to be deposited in government treasury."
5. Arguments heard and record perused.
6. From the perusal of record it reveals that an open inquiry # 01/2013 health against petitioner has been initiated along with other complaint # 248 which has been ordered by the Assistant Director Crimes ACE to be investigated together with open inquiry # 01/2013. According to the findings of audit report in Open inquiry # 1 conducted by Circle Officer, 33 trees were cut and sold without prior approval from the competent authority and after constant pressure had deposited Rs, 82000/-in the government exchequer out of Rs'. 250000/-besides petitioner's other immoral activities in the hospital.
7. According to learned AAG and counsel for petitioner, investigation in connection with open inquiry is under way. This is case of corruption and corrupt practices against petitioner initiated by Anti-Corruption Establishment; about unauthorized cutting of trees and thereafter its selling is under investigation as order for open inquiry has been already passed by Assistant Director Crimes ACE, this Court could not interfere in inquiry proceedings.
8. Thus in the light of above discussion, this petition is being bereft of merit is dismissed.
(R.A.) .