Law:

Section:

Keywords: Compulsory Retirement, Proceedings, Office, Leave, Public Servant, Fine, Parties, Retirement, Order, Conditions, Period, Without Jurisdiction, Departmental Appeal, Prosecution, Government, Trial Court, Notice, Conviction, Commission, Jurisdiction, Set Aside, Offences, Protection, Government Servant, Provisions, Description, Prevention, Public Servants, Illegal, Vehicle, Charge-Sheet Result: Appeals allowed JUDGMENT The appellant Ghulam A.I Jinnah was tried by the Special Judge (Central) Karachi on charges under section 409, P. P. C. Read with section 5(2) of the Prevention of Corruption Act. Six separate reports were filed before him in regard 4o six different items of embezzlement and separate trials were instituted against him. Although it is not necessary for the purpose of this judgment to state the facts in detail, the prosecution case against the appellant was that by changing the denomination of motor vehicle tax stamps he had collected a higher amount from the owners of the vehicles and credited a lesser amount to the Government and by so doing misappropriated the balance of the amount. 2. The Special Judge received the charge-sheets submitted by the Investigating Agency on the 27th of August 1971, and the trials in each one of the six cases opened on the 26th of January 1872. The judgments in each one of these cases were recorded on the 21st of January 1973. By separate judgments in each one of the six cases the appellant was con victed of the offences alleged against him and was sentenced to pay varying amounts of fine in each one of these cases although he was ordered to suffer R. I. Until the rising of the Court in each case. The appellant has challenged these convictions and the consequent sentences by filing six separate appeals through Mr. S. M. A. Mahmood who has appeared for him; the State has been represented before me by Mr. Usman Ghani Rashid, Assistant Advocate-General. 3. The contention of Mr. S. M. A. Mahmood, Advocate for the appellant is that the trial of the appellant was without jurisdiction as no sanction for his prosecution had been obtained by the Investigating Agency or by the trial Court in accordance with the…

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