Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 3(1)

Law: National Accountability Bureau Ordinance, (XVIII of 1999)

Section: 9,10,15,25

Law: Constitution of Pakistan, 1973

Section: 25

(a) Removal from Service (Special Powers) Ordinance (V of 2000) [since repealed]--- ---S. 3(1)---National Accountability Ordinance (XVIII of 1999), Ss. 9, 10, 15 , 25---Pro-forma promotion---Scope---Civil servant released after plea bargain with National Accountability Bureau (NAB) dismissed from service by his department---Whether upon retirement such civil servant could seek pro-forma promotion having admitted to his guilt---Held, that respondent-civil servant was arrested by NAB for his involvement in corruption and corrupt practices; he confessed to his guilt and put forward an application for plea bargain; he also surrendered Rs.17.5 million which he gained on account of corruption or corrupt practices was a civil servant and once he availed the benefits of plea bargain and his request was accepted by the court, he would be deemed to have been convicted of the offence of corruption and corrupt practices---Section 15 of the National Accountability Ordinance, 1999 (‘the Ordinance’) stipulated that if an accused person was convicted under S. 9, he shall forthwith cease to hold public office if any held by him and further he shall be disqualified for a period of ten years to be reckoned from the date of his release---Proviso attached to said section provided that any accused person who had availed the benefit of subsection (b) of S. 25 (plea bargain) shall also be deemed to have been convicted for offence under the Ordinance and shall forthwith cease to hold public office --- In such circumstances the respondent was not entitled to claim pro-forma promotion as a vested right---Direction issued by the High Court to grant pro-forma promotion to the respondent was not based on correct exposition and elucidation of law and facts---Appeal was allowed and impugned of High Court was set aside. State through Chairman NAB v. Hanif Hyder and another 2016 SCMR 2031; Muhammad Aslam, Ex-Deputy Director (Audit) District Govt. Lahore v. Auditor-General of Pakistan, Islamabad 2013 SCMR 1904 and Suo Motu Case No. 17/2016. (Unreported Order dated 24.10.2016) ref. (b) Constitution of Pakistan--- ---Art. 25---Civil service---Wrong benefit/order passed in favour of a civil…

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