Law:

Section:

Khyber Pakhtunkhwa Anti-Corruption Establishment Ordinance (XX of 1961) --------- ----------S.3 --------- Criminal misconduct --------- Inquiry proceedings before Anti-Corruption Establishment not subject to interference by High Court --------- Anti-Corruption Establishment, after open inquiry, initiated investigation against the petitioner for unauthorized cutting and selling of trees and depositing only part of the total sale proceeds --------- Validity --------- Findings of the audit report in the open inquiry showed that trees in question had been cut and sold by the petitioner without prior approval from the competent authority and after constant pressure had deposited partial sale amount in the Government Exchequer, and that the petitioner also had other immoral activities in the hospital --------- Investigation in connection with the open inquiry was already under way; therefore, High Court could not interfere in the inquiry proceedings --------- Constitutional petition was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD YOUNIS THAHEEM, JUSTICE:---------- This judgment is directed to dispose of instant writ petition whereby petitioner seeks the constitutional jurisdiction of this court with the following prayer:- "On acceptance of this writ petition in hand the respondents may kindly be restrained from lodging FIR, prosecuting the petitioner, recovery of amount from the petitioner and from illegal harassment and any adverse action" 2. Brief facts of the case leading to this petition are that petitioner is serving medical doctor of Khyber Pukhtunkhwa Health Department, who was transferred in the month of February 2012 to the Rural Health Centre known as Civil Hospital Akora Khattak. 3. According to petitioner hospital was under political influence of local political figure and its condition was badly affected by the flood and in these circumstances took charge of the hospital and he cut supaida trees which were dangerous for human particularly when storm hit and wind blown. These trees were either cut or de-branched upon the verbal permission of DHO Noshehra upon the requests of resident staff of the hospital. He sold all cut trees and…

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