Law: Pakistan Penal Code, 1860

Section: 409,21

Law: Constitution of Pakistan, 1973

Section: 199

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Penal Code (XLV of 1860)--- ----Ss. 409 & 21---Prevention of Corruption Act (II of 1947), S.5(2)---Constitution of Pakistan, Art.199---Constitutional petition---Criminal breach of trust by public servant, criminal misconduct---Petition for quashing of proceedings, dismissed of---"Public servant"---Definition---Scope---Community Board utilizing public funds provided by Government exchequer---Status of official of such Community Board as public servant---Scope---Officials of Community Board (petitioners) were alleged to have misappropriated a huge amount during the completion of a project, which was partly funded by the District Government---Contention of said officials was that they did not fall under the definition of "public servant", therefore, proceedings before Judge, Anti-Corruption were coram non-judice and were liable to be quashed---Validity---Community Board in question did fall within the definition of S.409, P.P.C. which was triable by Judge, Anti-Corruption---Where funds were provided to any Board by the Government exchequer for use of public purposes, the persons, associated with discharging their functions by using such public funds were deemed to be public servants even though they might not be government employees or were not receiving their salaries/ remuneration from the Government---Officials of Community Board in question also sought to resolve factual controversies through present constitutional petition, which was the job of the Judge, Anti-Corruption---Constitutional petition was dismissed accordingly. PLD 1963 Dhaka 839; PLD 1963 Dhaka 139 and 1991 SCMR 994 ref. Nida-e-Millat, Citizen Community Board, Multan through Chairman v. Director Anti-Corruption Establishment, Multan Region, Multan and 8 others 2010 YLR 643 rel. ORDER ABDUL SAMI KHAN, J.---Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner has sought quashing of proceedings pending before learned Special Judge, Anti-Corruption Establishment, Multan camp at Khanewal in case F.I.R. No.34 of 2009, dated 13-6-2009 registered at Police Station Anti-Corruption Establishment, camp at Khanewal in respect of an offence under…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492