| Citation(s) |
|---|
| 2007 SLG 3499 2007 SLD 3499 2007 PLJ 24 |
Lahore High Court
W.P. No. 19462 of 1999, heard on 14.12.2006
SAYED ZAHID HUSSAIN, J
Mr. Riyasat Ali Chaudhry, Advocate for Petitioner. Mr. Ahmer Bilal Soofi, Advocate for
Respondents
W.P. No. 19462 of 1999, heard on 14.12.2006
SAYED ZAHID HUSSAIN, J
Mr. Riyasat Ali Chaudhry, Advocate for Petitioner. Mr. Ahmer Bilal Soofi, Advocate for
Respondents
MUHAMMAD AZHAR BUTT
VS
Law:
Section:
Constitution of Pakistan, 1973-- ----Art. 199--Locus standi--Departmental action--Defect course of disciplinary proceedings--Contentions--Maintainability--Assailed--Matter purely between employer and employee--Central Board of Revenue being the competent authority possessed of relevant record/dossiar of respondent has if on consideration of the matter chosen not to take any action against respondent-Court is not in a position to substitute its view on the basis of mere allegations of the petitioner--High Court in writ jurisdiction can neither hold roving inquiry nor act as an inquisitorial forum--Petition dismissed. PLD 1983 SC 163; 1983 SCMR 906, ref. PLD 1975 SC 331, fol. Judgment Through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 it is prayed that: "appropriate order may be issued to the Respondents to take immediate departmental action against Respondent No. 1 on the basis of enquiry report submitted by the Enquiry Officer/Director Enquiry Wing of Central Board of Revenue and the Chairman C.B.R be further directed to charge sheet him in accordance with law by quashing his refusal to issue the charge-sheet and further FIA may be directed to register a criminal case for misappropriation/ embezzlement of a sum of Rs. 2,11,669/- and to further probe the receipt of crores of rupees by Respondent No. 1 by becoming a fake informer as ABC and take action according to law; Collector Respondent No. 6 be directed to pay the amount of reward in accordance with Reward Scheme equal to two years salary to the petitioner." The case of the petitioner is that being one of the members of the Detecting Team as Inspector, Sales Tax he was also entitled to the share of reward which was denied to him due to the alleged abuse of official position by Respondent No. 1 who allegedly made an entry "Mr. ABC C/o Deputy Collector Central Excise and Sales Tax (South) Lahore" and, thus, he himself became informer. 2. It is contended by the learned counsel that not only that reward was denied to the petitioner, no action was taken against Respondent No. 1. Qua the report and parawise comments filed by the Deputy Collector (HQ) Sales Tax…
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