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1990 SCMR 1004

NAWABUD DIN vs WAPDA and others

Citation1990 SCMR 1004
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 252 of 1988
Date1989-09-16
Judge(s)Saad Saood Jan, Syed Usman Ali Shah
ResultPetition dismissed

ORDER

' SAAD SAOOD JAN, J.--The petitioner was posted as Accounts Assistant (Power) in the Area Electricity Board at Faisalabad. On the allegation, mainly, that he had fraudulently prepared additional sheets of pay bills in fictitious names of defunct and surplus staff and had drawn the amounts of the said bills, departmental proceedings were initiated against him. After a regular inquiry he was removed from service. He preferred an appeal before the Authority which proved unfruitful. He then filed an appeal before the Service Tribunal. This was dismissed. He now seeks leave to appeal from this Court.

2. It appears from the record that before the inquiry and during the course of inquiry he admitted the allegation against him and refunded the amounts drawn by him.

3. The case of the petitioner is that he was innocent and that his immediate superior was responsible for the preparation of the false bills and drawal of the amounts thereof. He relied upon certain receipts which were allegedly given to him by his immediate superior officer. As regards the admissions attributed to him he alleged that these were extracted from him under threats of physical violence.

4. The departmental authorities and the learned Tribunal have acted on the admissions made by the petitioner. They do not appear to have accepted his explanation with regard to the circumstances under which these were made. The departmental authorities have declared the receipts upon which the petitioner relies to be forgeries. The controversies raised in support of this petition relate to questions of fact. No question of law of public importance arises for consideration of this Court. The petition is dismissed.

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