Law: National Accountability Ordinance, 1999

Section: 9

JUDGMENT SHEET

        MIANGUL HASSAN AURANGZEB, J:-Through the instant writ petition, the petitioner, Shoaib ur Rehman, former General Manager (Digital Switching) in the Telephone Industries of Pakistan          (“T.I.P.”),     impugns    notification dated          03.12.2014 whereby the petitioner’s pensionary benefits were forfeited, and all other facilities availed by him and his family from the T.I.P. were recalled as a consequence of the petitioner’s conviction and sentence of rigorous imprisonment for a period of five years vide judgment dated 27.11.2014, passed by the learned Judge Accountability Court No.1, Islamabad, in Reference No.15/13-IBD, titled “State Vs. Azad Bakht etc”.

2. The position taken by the petitioner in his writ petition was that the National Accountability Bureau had filed Reference No.15/13-IBD titled “State Vs. Azad Bakht etc”, before the learned Accountability Court, Islamabad; that the petitioner was one of the accused in the said reference; that in the said reference, it was alleged that the petitioner had committed an offence under Section 9 of the National Accountability Ordinance, 1999, and had caused a loss amounting to Rs.26.85 Million to the T.I.P.; that the trial culminated in the judgment dated 27.11.2014, whereby the petitioner was convicted, and was sentenced for a period of five years rigorous imprisonment with a fine of Rs.5 Million; that the said judgment has been challenged before this Court in writ petition No.4904/2014; that vide order dated 12.05.2015, this Court has suspended the operation of the said judgment; that the appeal of the National Accountability Bureau against the said order dated 12.05.2015 has been dismissed by the Hon'ble Supreme Court; and that respondent No.1, vide impugned notification dated 03.12.2014, forfeited the petitioner’s pension, and recalled all other facilities availed by the petitioner and his family.