' Mirza Muhammad Iqbal, through this Constitutional petition has challenged the validity of F.I.R. No, 2 of 1999 registered with Anti-Corruption Establishment, Narowal on 17th of March, 1999 under section 161, P.P.C. Read with section 5(ii) of the Prevention of the Corruption Act, 1947.
2. Briefly the facts to be dilated upon for effective adjudication of the case are that the petitioner was posted as Senior Headmaster of Government High School, Narowal in Grade BPS-18. On 1st of March, 1999, he addressed a letter to the Director, Public Instructions (E.E.), Punjab, Lahore stating that he is senior most officer in BS-18 and being a compiler of 42 collections/books on service matter, his experience (sic) and he be posted as Deputy Director, (Admn.) Gujranwala Division, Gujranwala.
3. An Application found favour with the Director Public Instructions, Elementary Education, Punjab, Lahore i,e, respondent No,2 who vide his order, dated 2nd of March, 1999 transferred and posted the petitioner as a Deputy Director in the office of Director of Elementary Education, Gujranwala Division, Gujranwala with immediate effect. On 3rd of March, 1999, the petitioner handed over the charge of the Headmaster of Government High School, Narowal and on the same day assumed the charge of Deputy Director (Admn.) Gujranwala Division, Gujranwala. During his charge as Deputy Director (Admn.), the petitioner accepted the appeal of one Raheela Shahzadi, P.T.C.
Teacher, Government Girls Primary School, Kotli Nathu Mahli, Tehsil and District, Narowal, against the order of the District Education Officer (EE), Narowal and further disposed of three letters. On 2nd of March, 1999, vide Order bearing No,143/PA/D(4), posting the petitioner as Deputy Director (Admn.) office of Director Elementary Education, Gujranwala Division, Gujranwala was cancelled with immediate effect.
4. The petitioner wrote a letter to the Director of Public Instructions (ED), Punjab, Lahore that on 3rd of March, 1999 at about 6-30 p.m. That he was informed by the Director of Elementary Education, Gujranwala Division, Gujranwala that his transfer has been cancelled but no copy of cancellation order was provided to him despite his repeated demands up to 4th of March, 1999 so as to chalk out his further course of action. However, order of cancellation, dated 2nd of March, 1999 was received by the petitioner on 5th of March, 1999 at 12-30 p.m. And he immediately relinquished the charge. Further on 8th of March, 1999, the petitioner after reaching the age of superannuation was retired. Director Public Instructions (E.E.) Punjab, Lahore on 17th of March, 1999 at 5-20 p.m. Got a case registered with the Anti-Corruption Establishment against the petitioner under section 161, P.P.C. Read with section 5(ii) of the P.C.A. 1947 which as stated above, has been the impugned in this writ petition.
5. The F.I.R. Is to the effect that Mirza M. Iqbal, Ex-Senior Headmaster, Government High School, Gujrat was posted as Deputy Director (Admn.) in the office of Director of Education (E.E.)
Gujranwala Division, Gujranwala vide order, dated 2nd of March 1999. However, this order was withdrawn on the same day because of certain apprehensions about the conduct of Mirza Muhammad Iqbal. The officer never assumed the charge of the post of Deputy Director (Admn.) in the office of Director, Elementary Education, Gujranwala because of withdrawal of the order on the same day, the apprehension about the conduct of the said officer, however, proved true and the said gentleman entertaining and accepting the appeals against the dismissal of the teachers in the wake of army survey.
6. Petitioner was transferred on 2nd of March as Deputy Director (Admn.) in the Directorate of Education Department, Gujranwala Division and the said order was delivered to him on the same day. However, various orders appended with the writ petition clearly show that order of withdrawal of transfer of the petitioner as Deputy Director (Admn.) was received by him on 5th of March, 1999 at 2.30 p.m. On 3rd March, 1999, while acting as Deputy Director, he accepted an appeal of one Raheela Shahzadi, P.T.C. Teacher mention of which has been made above. Order of his posting as Deputy Director (Admn.) may have been withdrawn on 2nd of March, 1999 but was not received by him till 5th of March, 1999. So much so that he was honest enough to inform the Director of Public Instructions (E.E.), Punjab, Lahore that on 3rd of March at about 6.30 p.m. He was informed by the Director, Elementary Education, Gujranwala Division, Gujranwala on telephone that his posting as Deputy Director (Admn.) was cancelled on 2nd of March, 1999. After receiving the verbal orders of cancellation in the evening on 3rd March, 1999, the petitioner did not pass any orders in that capacity either on 4th March, 1999 or on 5th of March, 1999 till 12.30 p.m. When he received a written communication about the withdrawal of his order of posting. The matter does not end here. The petitioner took pains to write to the Post Master-General (Central) Punjab, Lahore regarding the communication of the orders of the cancellation of his posting as Deputy Director (Admn.) and vide letter, dated 12th May, 1999 bearing No,SS/UMS/22/99, the Assistant Post Master-General (E&IP) informed the petitioner that the inquiries. Made in the case revealed that the letter of cancellation was booked from the Rotorary Centre Muslim Town Post Office, Lahore vide No,805, dated 4th of March, 1999 and was delivered to the petitioner on 5th of March, 1999. The first informant without taking into consideration all these facts hurriedly lodged the First Information Report probably on the direction of some high-up who was inimically bent upon towards the petitioner. The appeal of Mst. Raheela Shehzadi accepted by the petitioner is not denied to have been done so in the exercise of jurisdiction of the petitioner duly vested in him as Deputy Director (Admn.). There is no evidence available on the record to suggest that the petitioner received any illegal gratification from the said PTC Teacher as a motive or reward for doing favour to her by accepting her appeal.
7. The assumption of charge of the petitioner as Deputy Director (Adam.) was certainly not unlawful because order of cancellation were not conveyed to him in time. These orders were conveyed to him as late as on 5th of March, 1999 at 12-30 p.m. The petitioner retired from service on 8th of March, 1999 and instead of appreciating his service, he was presented with the registration of a case through instant F.I.R., now impugned. The case registered against him is a glaring example mala fides. The respondents should have not humiliated the petitioner who has, to his credit thirty three years dedicated service offered to the Education Department.
8. The learned Additional Advocate General Punjab appearing for the State candidly admitted that the petitioner has been victimized and he cannot sustain the order of the registration of criminal case.
9. The upshot of the discussion is that F.I.R. No,2 of 1999 registered with Anti-Corruption Establishment, Narowal on 17th March, 1999 under section 161; P.P.C., read with section 5(ii), P.C.A.
1947 is quashed as being based on mala fides and without disclosing any offence, being case of no evidence.
F.I.R. Quashed.