The appellant has been convicted by Special Judge (Central), Karachi for offences under section 409, P. P. C. And 5(2) of the Prevention of Corruption Act (Act II of 1947) for having in his capacity as Chief Instructor, N. D. V. P. Typing and Shorthand Training Institute spent lacs of rupees from N. D. V.
P. Funds on his personal requirements and he has been sentenced to undergo R. I. For 2 years and to pay a fine of Rs. 5,000 or in default to suffer R. I. For 2 years more.
2. The Director-General, N: D. V. P., Karachi obtained a feasibility report for establishing training facilities for shorthand and typing. This report having been agreed to in principle, appellant Ashraf Tariq was appointed as Chief Instructor in the Institute in Grade No. 19. Mr. Ashraf Tariq thereafter fixed his own salary and emoluments and he drew an amount of Rs. 3,180 per month without obtaining any approval of sanction from the Ministry of Industries. Mr. Ashraf Tariq after assuming charge re designated himself as Director and he appointed under himself one Mr. Johar as Deputy Director also in Grade No. 19 on a total salary of Rs. 3,180 per month. He appointed various other officers in Grade No. 17 and below. On the recommendations of Mr. Johar Hussain, Deputy Director Mr. Ashraf Tariq appointed his own wife, Mrs. Anoopa Haider as social adviser. He also opened a chain of centres or institutes at Quetta, Peshawar, Lahore, and Islamabad. In Karachi Mr. Ashraf Tariq was occupying first floor and one room on the second floor of a house belonging to Mr. Wafa Rasool Hashmi being House No. 3/6 F-4, Nazimabad, Karachi on rent of Rs. 750 per month from 28- 2-1974. But from 1 October; 1974, this Ist floor and the one room on the second floor of the house was rented out to N. D. V. P. For the so-called Guest House and Rs. 6,000 were paid by cheque on behalf of N. D. V. P. As annual rent. Mr. Ashraf Tariq however, continued to occupy the same house as his residence. In April, 1974 a Toshiba T. V. Set was purchased by Mr. Ashraf Tariq from Radiost Palace, Karachi along with an Akai Stereo Tape Recorder with one speaker. The cost of the T. V. Was Rs. 3200 while the tape recorder was purchased for Rs. 7,000. The amount was paid by cheque from the funds of N. D. V. P. On 3-l I-1974 Mrs. Anoopa. Wife of the appellant purchased two wooden beds, 4 mattresses, one dining table, 6 dining chairs and 6 foam sheets from Waheed Furniture Centre Liaquatabad for an amount of Rs. 4,000 and this amount was paid out of the N. D. V. P. Funds and the purchase was shown to be for the Guest House of Typing Insitution. In fact an amount of Rs.
10,00,000 was drawn by the appellant for expenses during this period of less than one year and this amount was spent lavishly on fully carpetting his office and getting 7 air-conditioners fixed, apart from his spending huge amounts on taxi hire etc. All these appointments and purchases were made without the concurrence of the A. G. P. R. And the Ministry.
3. In December, 1974 Mr. Muhammad Ilyas. Joint Secretary in the Ministry of Industries, Islamabad was given additional charge as Director --General, N. D. V. P., Karachi. He stayed in a Guest House which had been rented out to N. D. V. P. At Rs. 1,800 per month by Wing Commander Wasimuddin who was the Regional head of N. D. V. P. At Karachi. This was situated in Defence Housing Society.
Mr. Ilyas found that the Chief Instructor had re designated himself as Director N. D. V. P. And on further check he found that the typing and short hand institution had been converted into a Directorate and more than Rs. 10,00,000 were released by the then Director-General from March, 1974 to December, 1974 to the appellant for the same. A building opposite Quaid's Mazar was hired at monthly rent of Rs. 2500. The office was raided during the night on 1 February, 1975 and various documents were seized. A report was forwarded to Director. F. I. A. For further investigation. Under instructions from the Director, F. I. A., a case was registered. On 18-3-1975 the house of appellant Ashraf Tariq in Nazimabad was searched in presence of mashirs and from the said house the police recovered one Toshiba T. V. Set, dining table with six chairs, two wooden beds, transistor radio, projector etc. Belonging to N. D. V. P. The appellant was then sent up in the Court of the Special Judge.
4. Thus the appellant who was a mere Instructor of short hand typing assumed office as Director and he and his wife Anoopa an employee of Radio Pakistan spent lacs of rupees on their personal comforts from funds of N. D. V. P. And made several appointments unauthorisedly and without any sanction. They converted the property purchased on behalf of the N. D. V. P. To their own use and they even arranged to have the rent of their house said from the funds of N. D. V. P. By showing the premises as Guest House and they used the T. V. Set and furniture etc. Purchased for the said Guest House. These facts are more or less undisputed.
5. The charge framed against the appellant was a simple one, in respect of the use of T. V. Set purchased for Rs. 3,200, two wooden beds and matresses dining table and six chairs. This use constituted temporary misappropriation. The learned Special Judge found chat these articles had been converted by the appellant to his own use and regarding the T. V. Set even a note had been put up by the Accountant that the same was missing frog: the store of the N. D. V. P. Centre. He accordingly convicted the appellant and sentenced him as above. The other allegations regarding payment of rent for his residence from funds of N. D. V. P. And his drawing of further rent at 50 % of his salary, the irregular mode of appointments of various officers and payments of salary to them and spending of hune amount of Rs. 10,00,000 without sanction etc. Did not form part of this charge. The appellant was examined on oath and he also led evidence of six defence witnesses However, from the evidence it was established that the premises in question had originally been occupied by the appellant and they continued to occupied as such though from October, 1974 they were retained on account of N. D. V. P. As Guest House. The above articles, namely, T. V. And furniture were recovered from the said house. They were actually being used by the appellant.
But for all these irregularities the appellant alone could not be held responsible. These irregularities could not have escaped notice of the then Director-General, N. D. V. P. Who went on makingst payments and releasing huge funds and placing them at the disposal of the appellant without further check. It was lack of proper administration which was responsible for waste of the public funds in this manner. Every one in the department tried to obtain pecuniary advantage at the cost of the public funds. The amount was spent lavishly and their own houses were converted into Guest House while their friends, kith and kin got huge salaries as employees of N. D. V. P. The appellant played just a minor role and the appellant and his wife tried to have good time at the expense of N.
D. V. P.
6. The appellant was convicted on 31st October, 1977 and although h was granted bail by this Court he could not furnish the surety. He ha accordingly continued to remain in jail for nearly 10 months and 22 days. His wife has been made to vacate the premises in question and they have been sufficiently punished for their extravagance. Therefore, while maintaining the conviction of the appellant for the above offences I would reduce the sentence from 2 years, R. I. To the period already undergone and fine o Rs. 5,G00 or in default of payment of fine further R. I. For 6 months.
With this modification in the sentence the appeal is otherwise dismissed.