Law: Service Tribunals Act, 1973

Section: 4

Law: National Accountability Ordinance, 1999

Section: 25

Service Tribunals Act, 1973 (LXX of 1973)-- ----S. 4--National Accountability Ordinance, (XXV of 1999), S. 25 r/w S. 15--Allegation of corruption--Plea bargain--Dismissal from service--Challenge to--Admission of offence--Misconduct--Benefit of plea bargain , as per his claim, was not beneficiary of Plea Bargain, he could have challenged same before any Court of Law or at best to Chairman, NAB denying Plea Bargain but he kept silent till day and now raising technical ground of non-holding departmental inquiry before passing impugned order--It is settled principle of law of administration of justice that technicalities would be avoided and matter may be decided on merits--This brings us to merit of case--On merit, appellant has no case--On perusal of record right from arrest of appellant till his release after acceptance of Plea Bargain application, order of Accountability Court shows his active acquiescence by conduct in plea of bargaining , thus, could not be allowed to approbate and reprobate in same breath--Acceptance and availing benefit of Plea Bargain under Section-25 of National Accountability Ordinance, 1999, would be deemed to have been convicted for offence under Section 15 NAO, 1999 and by operation of law he ceased to hold his office held by him--We have also observed that no exception or reservation was expressed by appellant when produced in Accountability Court--Accountability Courts order would show that appellant was specifically informed that approval by Court of their Plea Bargain would amount to admission of accusation and guilt which he categorically accepted and he was also informed that penal consequences as provided under law would follow which too was accepted by him--Statutory provisions of law on subject takes its own effect which cannot be made subject to consent of accused or approval of Plea Bargain by Court and thus, consequences of Statute would follow being mandatory in nature--Fact that appellant entered into Plea Bargain with NAB and paid misappropriated amount voluntarily is admission of offence which is misconduct for commission and omission committed by him--Major penalty of dismissal from service imposed on him is in…

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