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1999 SCMR 1901

MUHAMMAD ASHIQ vs SETTLEMENT COMMISSIONER (LANDS) THE SECRETARY,

Citation1999 SCMR 1901
CourtSupreme Court of Pakistan
Judge(s)Muhammad Arif, Ajmal Mian, Sh. Riaz Ahmad
ResultAppeal dismissed

' SH. RIAZ AHMED, J.---This appeal through leave of this Court is directed against the judgment and order, dated 17-2-1993, delivered by the Federal Service Tribunal whereby the appeal preferred by the appellant assailing his dismissal from service was rejected.

2. The facts giving rise to the institution of this appeal are that the appellant at the relevant time was an employee of the Government of Pakistan as Field investigating Officer in the Narcotics Control Board. On 31-5-1991 the Director (Intelligence), Pakistan Narcotics Control Board, Islamabad, conducted a surprise inspection of the Board's Regional Office at Lahore and unearthed serious irregularities. The Director submitted report on the basis of which the appellant was suspended from service w.e.f, 9-6-1991 and thereafter, he was served with a charge-sheet dated 20-7-1991 containing charges of inefficiency, misconduct and corruption. The statement of allegations against the appellant was as follows:-- "(1) During the inspection of P.N.C.B., Regional Directorate, Lahore by Director (Intelligence), 28.500 Kgs of hashish and 375 grams of heroin was found in possession of Mr. Muhammad Ashiq, F.1.0., P.N.C.B., Lahore (now at P.N.C.B., Islamabad). He could not give any explanation of this illegal act.

(2) An amount of Rs,27,931 was recovered from his almirah, which he could not account for.

(3) All the drugs recovered as case property were kept with him in the almirah without a seal or mention of F.I.R. Number on it.

(4) He failed to deposit the above drugs in the Malkhana and kept these in the almirah of the Unit, which is a grave irregularity.

(5) He is alleged to be a member of the gang of P.N.C.B. Officials, who-have been receiving bribe money from drug dealers/barons at Lahore."

3. The appellant submitted reply to the charge-sheet in writing and he stated that the quantity of narcotics found in excess of the case property was the test purchase and such purchases are made within the department as a matter of routine and in the past as well such purchases were made by the department and the record can vouch for them. With regard to the amount found in the almirah, the appellant stated that the money belonged to him and he had not kept the same at his residence due to the fear of theft and dacoity. In respect of the allegations 3 and 4, appellant stated that he could not seal the case property and deposit the same in Malkhana because he was extremely busy in conducting raids and official work and, therefore, this lapse had occurred. An inquiry was conducted and the Inquiry Officer reported that there was cogent evidence to establish beyond all doubt the truth of the allegations and, thus, on the basis of the finding of the Inquiry Officer, a final show-cause notice, dated 15-12-1991 was served upon the appellant. After his explanation in writing, personal hearing was afforded to the appellant, but his explanation was found unsatisfactory and resultantly the appellant was dismissed from service. The appellant assailed his dismissal through an appeal before the Federal Service Tribunal, which was dismissed vide order impugned.

4. We have heard the learned counsel and the Deputy Attorney-General for Pakistan at length and after going through the record of this case, we have come to the conclusion that in the appellant's lengthy and mostly out of place pleadings, nothing could be detected indicating the existence of any irregularity or violation of law or rules with regard to the conduct of the inquiry proceedings.

The appellant had been served with a charge-sheet accompanied by statement of allegations.

Even the copy of the preliminary report submitted by the Director (Intelligence) of the Board was .

Also provided to the appellant alongwith the relevant documents to enable the appellant to defend himself. There is no flaw in the conduct of the inquiry and it was thereafter that a final show-cause notice was given and the appellant was also provided with an opportunity for being heard in person. It is, thus, abundantly clear that the appellant cannot complain about any irregularity in the inquiry. To the contrary, we find that the appellant has in fact admitted the recovery, but stated that the quantity of the narcotics in excess of the case property was test purchase. Unfortunately, the appellant failed to bring anything on record to show that such purchase was sanctioned by the department. No evidence worth the name was brought on the record to substantiate the said plea. Half-hearted attempt was made to contend that such admission was the result of coercion and intimidation. We are not impressed by this argument and the same is hereby repelled. The recovery of cash amounting to Rs,27,931 from the almirah broken in presence of the officials of the Board and the defence of the appellant that it was his personal property did not find favour because the explanation was lame as the appellant stated that he did not keep the money in his house on account of fear of dacoity and theft. This hardly constitutes a satisfactory explanation. No satisfactory explanation was rendered by the appellant in respect of his failure to deposit the narcotics in the Malkhana.

5. The above narration of facts established through an inquiry is the proof of misconduct as well as inefficiency and corruption. The inquiry conducted strictly in accordance with the rules is flawless.

In this view of the matter, we do not find any substance in this appeal. The same is hereby dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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