Law:

Section:

(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 15 & 25(b)---Petitioner serving as Member (Technical) Pakistan Telecommunication Corporation Limited, was arrested by National Accountability Bureau and released as he entered into plea bargain under S.25(b) National Accountability Ordinance, 1999---Petitioner was dismissed from back date and disqualified from holding public office---Prosecution contended that although the Pakistan Telecommunication Corporation Limited was made a company subsequently, but the petitioner had served under statutory rules, therefore constitutional petition was not maintainable---Validity---Petitioner was employee of Pakistan Telecommunication Corporation having statutory rules; later on corporation was converted into company but service of the petitioner was to be governed under the statutory rules, therefore, the constitutional petition was competent---Provincial and Federal public servants when proceeded under the Prevention of Corruption Act, 1947 or Federal Investigation Agency Act, 1974 and convicted were not automatically dismissed or removed from service by virtue of their conviction---Departmental authority in such a case, had to proceed separately under the relevant laws and passed an independent order, but the National Accountability Ordinance, 1999, provided different mechanism---Section 25(b) read with S. 15 of the National Accountability Ordinance, 1999, described that when plea bargain was opted by an accused and approved by the court, he at once/immediately/without any further delay ceased to hold public office---Admittedly, the plea bargain was opted by the petitioner on 17.3.2003, therefore, for all practical purposes the petitioner ceased to remain on job---Department took up the matter of the petitioner and purely on the basis of his conviction by the National Accountability Bureau vide order dated 24.3.2005, he was dismissed from service with effect from 17.3.2003, the date of conviction by the National Accountability Bureau---Order dated 24.3.2005 being though for departmental purpose, yet the same in fact was implementation of specific provision of S. 15 of the National Accountability…

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