The Deputy Director, F.I.A. Has produced a copy of Federal Government's Letter No. 1/176-FIA(i), dated 28th June, 1976, whereby the Director-General, F.I.A., Islamabad, has been apprised of the decision that 'in cases where written complaint is received by the F.I.A. Regarding any fraud, forgery, embezzlement, etc., from members of the general public, appropriate action should only be initiated after approval of Chairman Banking Council or, in his absence, of a member of the Council, has been received in writing and thereafter investigation should be carried out strictly in accordance with the law'.
2. The offence of embezzlement, if committed, by an employee of a Nationalized Bank is a cognizable offence and it being a scheduled offence, investigation into it has to be conducted exclusively by the Federal Investigation Agency and the case has also to be registered by the said Agency. Under section 154, Cr.P.C. An officer of the F.I.A. Exercising the powers of a S.H.O. Is under legal obligation to register a case if he is informed of the commission of a cognizable offence. In this view of the matter, the instructions/policy decision contained in the Federal Government Circular letter, dated 28th June, 1976, is ultra vires to the provisions of section 154, Cr.P.C. No other provision of any other law for the time being in force has been pointed out.
3. For the foregoing reasons, the writ petition is allowed and the respondent is directed to register a case on the application of the petitioner and to investigate into the same in accordance with law.
No order as to costs.