Law:

Section:

(a) Civil service-------Disciplinary proceedings after acquittal of civil servant in criminal case, initiation of---Scope---Department not barred from conducting departmental inquiry or imposing a penalty after such acquittal. Government of Pakistan through Secretary M/o Finance and others v. Asif Ali and others 2006 SCMR 1005 ref. Arif Ghafoor v. Managing Director, H.M.C. Taxila and others PLD 2002 SC 13 and Government of Pakistan through Secretary M/o Finance and others v. Asif Ali and others 2006 SCMR 1005 rel. (b) Civil service--- ----"Disciplinary proceedings" and "criminal proceedings"---Distinction stated. "Disciplinary proceedings" and "criminal proceedings" cannot be termed as synonymous and interchangeable. "Disciplinary proceedings" and "criminal proceedings" are quite distinct from each other having altogether different characteristics and there is nothing common between the adjudicative forums by whom separate prescribed procedure and mechanism is followed for adjudication and both the forums have their own domain of jurisdiction. Decision of one forum would have no bearing on the decision of the other forum in any manner whatsoever and it would be a misconceived notion to consider the acquittal as an embargo against disciplinary proceedings. [p. 1315] B Government of Pakistan through Secretary M/o Finance and others v. Asif Ali and others 2006 SCMR 1005 distinguished. Arif Ghafoor v. Managing Director, H.M.C. Taxila and others PLD 2002 SC 13 and Government of Pakistan through Secretary M/o Finance and others v. Asif Ali and others 2006 SCMR 1005 rel. Raja Imtiaz Ahmad Kiani for Petitioner. Atiq-ur-Rehman Kiani, Standing Counsel. ORDER C.Ms. Nos.189 and 190 of 2011 CH. MUHAMMAD TARIQ, J.--- For the reasons recorded therein, the C.M. is allowed and the writ petition is restored to its original number. C.M. stands disposed of. Main Case This single order shall dispose of Writ Petition No.2530 of 2005 and Writ Petition 3147 of 2005, as common questions of law and facts are involved therein. 2. Learned counsel for the petitioners contends that petitioners are low grade civilian employees of CMT and SD Golra Depot. In the year 1997, a criminal case…

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