| Citation(s) |
|---|
| 2018 SLG 1427 2018 SLD 1427 2018 PCRLJ 964 |
Peshawar High Court
Writ Petition No. 2872-P of 2016 with I.R., decision & hearing Dated: 06-02-2018.
IKRAMULLAH KHAN, JUSTICE, MUHAMMAD GHAZANFAR KHAN, JUSTICE
Qaisar Ali and Ghulam Nabi for Petitioner. Zahid Aman, D.P.G. for
Respondents.
Writ Petition No. 2872-P of 2016 with I.R., decision & hearing Dated: 06-02-2018.
IKRAMULLAH KHAN, JUSTICE, MUHAMMAD GHAZANFAR KHAN, JUSTICE
Qaisar Ali and Ghulam Nabi for Petitioner. Zahid Aman, D.P.G. for
Respondents.
AMJAD PERVEZ
VS
KHYBER PAKHTUNKHWA EHTESAB COMMISSION THROUGH DIRECTOR-GENERAL AND 7 OTHERS
Law:
Section:
Khyber Pakhtunkhwa Ehtesab Commission Act (I of 2014)--- ----Ss. 13(b) & 35---National Accountability Ordinance (XVIII of 1999), S. 18(c)---Call up notice---Ehtesab Commission---Jurisdiction assailed call up notice issued to him by Ehtesab Commission---Validity---No inquiry or investigation was pending before National Accountability Bureau, therefore, provision of S. 35(3) & (4) of Khyber Pakhtunkhwa Ehtesab Commission Act, 2014, had no bearing on inquiry initiated by Ehtesab Commission against petitioner---Khyber Pakhtunkhwa Ehtesab Commission was not restricted by any provision of law either by National Accountability Ordinance, 1999, or Khyber Pakhtunkhwa Ehtesab Commission Act, 2014, to inquire or investigate matter which was not pending before any Federal Agency---In case of inquiry by both Federal and Provincial Agencies, at the same time, the provisions of S. 35(3) of Khyber Pakhtunkhwa Ehtesab Commission Act, 2014, would come into play---Exclusive jurisdiction was conferred under S. 35(1) of Khyber Pakhtunkhwa Ehtesab Commission Act, 2014, upon Director General, to order an inquiry or investigation into any incident or an act or omission of a person or accused that reasonably appeared to constitute an offence under Khyber Pakhtunkhwa Ehtesab Commission Act, 2014--- Cons. P. was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: IKRAMULLAH KHAN, JUSTICE:---.--- On the allegation that petitioner had illegally invested the General Provident Investment Fund and Pension Fund in risky business of Stock Exchange Commission of Pakistan, the Bureau of Ehtesab Commission initiated an inquiry against the petitioner under the Provisions of Khyber Pakhtunkhwa Ehtesab Commission Act, 2014. In this regard, Call-up notice was issued to the petitioner in term of section 13(b) of the Khyber Pakhtunkhwa Ehtesab Commission Act, 2014. Petitioner apprehending his arrest instead of participating in the proposed inquiry filed the instant Cons. P. with the following prayer:- "On acceptance of this Writ Petition, may kindly hold, direct and declare:- (i) That after closure of the case by National Accountability Bureau after extensive probe and Final Inquiry against…
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