Law: Constitution of Pakistan, 1973

Section: 199

Frontier Corps Ordinance (XXVI of 1959)--- ----S. 9(p)---Constitution of Pakistan, Art. 199---Constitutional petition---Punishment in less heinous offences---Non-availability of sufficient material before High Court---Effect sought acquittal and setting aside of his conviction besides his dismissal from service---Validity---Serious allegations of fraud and corruption were levelled against the petitioner and he was found involved in issuance of fake appointment letters in Frontier Corps by receiving monetary gain---Prior to his conviction and dismissal from service he was charge-sheeted and thereafter statement of witnesses were recorded by the court of inquiry and final order was issued, duly endorsed by the Inspector General, Frontier Corps---Petition lacked sufficient documentary proof to hold that the proceedings were defective or that the punishments of conviction and dismissal from service were not compatible with the allegations levelled against him---Constitutional petition was dismissed, in circumstances. JUDGMENT MUHAMMAD NASIR MAHFOOZ, J.--- Through the instant petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioner has prayed this Court for the following relief:- It is, therefore, humbly prayed that on acceptance of this writ petition, this Honourable Court may graciously be pleased:- i. To kindly set aside the punishment awarded to accused/petitioner. ii. To acquit the petitioner from all the charges levelled against him. 2. Brief facts of the case as per contents of the writ petition are that the petitioner was appointed as Tindal in the respondent department in the year, 2010 and remained on the same post till August, 2019. The petitioner was allegedly charged for the issuance of fake appointment/enrolment letter and was tried by the department and resultantly, convicted with two years rigorous imprisonment under section 9(P) of Frontier Corps Ordinance, 1959. Against that, petitioner submitted a departmental appeal on 28.12.2019 before respondent No.1 i.e. Secretary Interior, Government of Pakistan, Islamabad which is still pending without any response. Thereafter, petitioner filed W.P.No.2276-P/2020…

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