Case Details

Citation(s)
2014 SLG 2734 2014 SLD 2734 2014 PLD 109
Balochistan High Court
Constitutional Petition No. 258 of 2013, decided on 13th November, 2013. heard on: 10th September, 2013.
JAMAL KHAN MANDOKHAIL, JUSTICE AND SHAKEEL AHMED BALOCH, JUSTICE
Muhammad Aslam Chishti and Abdul Rasheed Khokhar for Petitioner.

ASHFAQUE AHMED AND 4 others

VS

NATIONAL ACCOUNTABILITY BUREAU THROUGH CHAIRMAN AND 3 others

Law:

Section:

(a) Words and phrases---.--- ---.---"Complaint"---.---Definition. (b) National Accountability Bureau Ordinance (XVIII of 1999)---.--- ---.----S. 18(a)---.---Constitution of Pakistan, Art.199---.---Constitutional petition---.---Reference to Accountability Court---.---Initiation of proceedings on the directions of Service Tribunal---.---Scope---.---Petitioner/civil servant challenged penalty order passed by the departmental authority before the Service Tribunal---.---Petitioner was found involved in embezzlement, therefore the Service Tribunal referred the matter to National Accountability Bureau for initiation of proceedings---.---National Accountability Bureau, in pursuance of the directions of Service Tribunal, sanctioned investigation into the matter and finally submitted a reference against the petitioner before Accountability Court---.---Contention of the petitioner was that cognizance of any offence could only be taken on a reference made by the Chairman National Accountability Bureau and as such proceedings initiated on the directions of Service Tribunal were coram non judice---.---Validity---.---Anybody or any authority could inform the National Accountability Bureau that a person holding a public office was involved in an offence punishable, such information could be termed as complaint---.---National Accountability Bureau authorities could initiate proceedings against a person on its own accord, only on coming to know about an offence from any source, including a reference received from government or upon receipt of a complaint---.---Such information could also be gathered from a or order of Tribunal or Court, forming basis to initiate proceedings by the Chairman NAB on its own accord---.---Reference submitted on the directions of a Tribunal, did not vitiate the investigation or proceedings before the Trial Court---.---Constitutional petition was dismissed. THIS JUDGMENT DELIVERED BY: JAMAL KHAN MANDOKHAIL, JUSTICE:---.---- Background of the case is that a departmental inquiry was initiated against the petitioners, and subsequently, they were punished by the competent authority. Being aggrieved, they preferred Service Appeals Nos. 8, 10, 11, 12, 13 and…
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