Law: West Pakistan Government Servants (Conduct) Rules, 1966

Section: 11

Law: West Pakistan Government Servants (Conduct) Rules, 1966

Section: 11

West Pakistan Government Servants (Conduct) Rules, 1966--- ----R. 11---Judicial Officer---Compulsory retirement---Involvement of officer in sale and purchase of property---Misconduct and corruption---Abuse of judicial powers---Permission to be sought by public servant for transaction of immovable/movable property exceeding a certain value---Scope---Declaration by public servant of asset received as 'Amanat' (on trust)---Scope---Judicial Officer (accused/appellant) was alleged to have received a sum of money in his bank account from the complainant for purposes of selling land to the complainant---Judicial Officer allegedly only transferred half of the agreed land in the name of the complainant---Inquiry conducted by departmental authority found Judicial Officer guilty of charges of misconduct and corruption and orders were given for his compulsory retirement from service with immediate effect---Appeal against order of departmental authority was dismissed by High Court---Contentions of Judicial Officer were that in order to facilitate the complainant, he arranged with his brother to purchase some property for the complainant and in this connection he received money in his account, as his brother did not have a bank account of his own at that time; that money received from the complainant was an 'Amanat' which was transferred to the vendors of the property within a few days, therefore, neither any permission from concerned authority was needed nor it was required to be declared in the statement of assets; that he had only acted in good faith to facilitate the complainant and was not involved in any manner with the transaction except in the capacity of a go-between the complainant and his brother, and that he had always declared all transactions in his bank account related to purchase of property and other assets---Validity---Prima facie Judicial Officer, in connivance with his brothers and nephews, facilitated the complainant in order to defraud him---In view of principles of accountancy even if some money, received as 'Amanat' or on trust, was lying in the bank account on the date of declaration of assets, same should be declared as an asset and on the liability…

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