Law:

Section:

Constitution of Pakistan--- ----Art. 212(3)---Employee of Pakistan Rangers---Misappropriation/ embezzlement---Recovery of embezzled amount and award of sentence of imprisonment---Appellant was appointed as a clerk (munshi) at a petrol station owned by the Pakistan Rangers---Accused was alleged to have misappropriated money from the petrol station, whereafter he was charge sheeted and ultimately awarded 89 days rigorous imprisonment along with a direction to deposit his share of the misappropriated money; held, that the appellant was provided full opportunity to defend himself---Deposit of portion of the embezzled amount made by the appellant appeared to be voluntary---Even otherwise, the charge of misappropriation/embezzlement, being a question of fact, had been scrutinized and proved before the three forums (below) concurrently and appeared to be in consonance with the record---Regarding a "No Demand Certificate" issued to the appellant after serving out his punishment, bare perusal of such certificate revealed that it was a "No Demand" by various branches of Rangers including officers mess, canteen, washer man, barber, tailor etc. a pre-requisite of transfer of every soldier from one unit to another and not a "No Demand Certificate" in respect of mis-appropriation as claimed by the appellant---No question of law of public importance had been pointed out by the appellant calling for interference by the Supreme Court while exercising powers under Art. 212(3) of the Constitution---Appeal was dismissed accordingly. THIS ORDER PASSED BY: SAJJAD ALI SHAH, JUSTICE:---.--- Through the instant appeal, the appellant has challenged the order dated 9.4.2015 whereby the Service Tribunal while sustaining the punishment order had dismissed his appeal. 2. Briefly, the appellant on 21.4.2005 was enrolled as Sepoy in Pakistan Rangers and at the relevant time, was posted at Shahbaz Rangers Welfare Project (Petrol Pump). It appears that on 5th January, 2011 on account of certain misappropriation, the entire staff of the petrol pump (who consisted of officials of Pakistan Rangers of different ranks) except the appellant, were arrested. The appellant along with three others, was…

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