Law:

Section:

(a) Constitution of Pakistan-------Art. 13---Initiation of disciplinary proceedings against an employee after his acquittal in criminal case---Validity--Criminal proceedings and disciplinary proceedings were not synonymous or interchangeable for having distinct features and characteristics --- Provisions of Art. 13 of the Constitution and maxim "nemo debt bis vexari prouna et causa" (no person should be twice disturbed for the same cause) would not apply to such case. Bejoy Dutta v. The King AIR 1951 Cal. 452; Bejov Datta v. The King ILR 1950 1 Cal 502; A.M. Rangachariar v. Venkataswami AIR 1935 Mad. 56; Public Prosecutor v. Sabapathy Chetty AIR 1938 Mad. 847 and Rahman Samail v. Emperor 39 Cri L Jour 712 rel. (b) Constitution of Pakistan--- ----Art. 13---Provisions of Art. 13 of the Constitution---Applicability---Essential conditions stated. Article 130 of the Constitution sanctifies the well-settled principle of law that no person will be tried for an offence on the same set of facts on which he has already been acquitted or convicted. For applicability of the rule of "autre fois acquit", essential conditions to be satisfied are: (1) there must have been a trial of the accused for the offence charged against him, (2) the trial must have been by a court of competent jurisdiction, and (3) there must have been a or order of acquittal, (4) the parties in the two trials must be the same, (5) fact-in-­issue in the earlier trial must be identical with what is sought to be re-agitated in the subsequent trial. Ismail A. Rehman v. Muhammad Sadiq PLD 1990 Kar. 286; Ramzan Bibi v. Muzaffar Hussain PLD 1967 Lah. 186 and State v. Muhammad Moosa PLD 1970 Kar. 386 rel. Sheikh Masood Akhtar, Advocate Supreme Court/Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 3rd November, 2010. JUDGMENT JAVED IQBAL, J.---This petition for leave to appeal is directed against judgment dated 19-10-2009 whereby appeal preferred on behalf of petitioner has been dismissed. 2. Precisely stated "the facts of the case are that the appellant was served with a show-cause notice dated 13-11-2004 on the charge that one Khuram Shahzad was taken to Police Station in connection…

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