| Citation(s) |
|---|
| 2013 SLG 1995 2013 SLD 1995 2013 PLC 1487 |
Supreme Court of Pakistan
Civil Appeal No.159 of 2011, decision dated: 10-07-2013.
MIAN SAQIB NISAR AND AMIR HANI MUSLIM, JJ
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Civil Appeal No.159 of 2011, decision dated: 10-07-2013.
MIAN SAQIB NISAR AND AMIR HANI MUSLIM, JJ
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MUHAMMAD ASLAM
VS
AUDITOR-GENERAL OF PAKISTAN, ISLAMABAD MUHAMMAD ASLAM vs AUDITOR-GENERAL OF PAKISTAN, ISLAMABAD
Law:
Section:
National Accountability Ordinance (XVIII of 1999)-------Ss. 25(b), 15(a), proviso & 9---Punjab Removal from Service (Special Powers) Ordinance (IV of 2000), S.5(5)---Government official entering into a plea bargain with National Accountability Bureau (NAB)---Disqualification of such official from holding public office---Scope---Removal of such official from his department without conducting of a regular inquiry---Legality---Accused while serving as Divisional Accounts Officer was alleged to have committed irregularities and corruption---Accused was arrested by National Accountability Bureau (NAB) , but entered into a plea bargain, which was accepted and he was released under S.25(b) of National Accountability Ordinance, 1999---Chairman NAB informed department of accused that he had entered into a plea bargain, which implied that he was deemed to have been convicted under the National Accountability Ordinance, 1999 and should cease to hold public office forthwith---Resultantly accused was issued a show cause notice by his department and consequently removed from service---Appeals filed by accused against his removal were also dismissed by his department and Federal Service Tribunal respectively---Plea of accused that his department did not conduct a regular inquiry before removing him from service, and that he could only be disqualified from holding public office if he was convicted of committing any offence mentioned under S.9 of National Accountability Ordinance, 1999---Validity---Case of accused was regulated by S.25(b) of National Accountability Ordinance, 1999, as he had entered into a plea bargain during pendency of his trial, and National Accountability Court ordered his release under the said section---Consequence of such an order by the National Accountability Court was provided under proviso to S.15(a) of National Accountability Ordinance, 1999, which provided that on approval of plea bargain in term of S.25(b) of National Accountability Ordinance, 1999, the accused stood disqualified for a period of ten years from holding any public office---Accused had not denied entering into a plea bargain---Since documents on basis of which departmental…
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