Law: Penal Code (XLV of 1860)

Section: 409, 405

Law: Prevention of Corruption Act (11 of 1947)

Section: 5(2)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Penal Code (XLV of 1860)    S. 409 read with. S. - 405 .and Prevention of Corruption Act (Il of 1947), S. 5(2) read with Pakistan Criminal Law Amendment Act (XL of 1958), S. 5(6)-Criminal breach of trust-Public servant entrusted with private property as a responsible man but not as public servant-Held, cannot be c barged, incapacity of public servant, for offence of dishonestly misappropriating such property. Order granting sanction for prosecution of such public servant-Held, void altogether and without lawful authority and consequential order -of suspension also falls through.-[Sanction for prosecution].   (b) Constitution of Pakistan (1973)   Art. 199-Writ jurisdiction-Conduct of petitioner always relevant in relation to relief sought by him-Relief to be refused to petitioner who comes to Court with unclean bands-Relief, however; cannot be declined only because petitioner produces a, document ultimately, to be put in Court by other side and to which he'-would be entitled to refer.     Date of hearing : 17th May .1981.                                                                                                                                                           JUDGMENT   ABDUL SHAKURUL SALAM, r.-The appellant was employed as Inspector, Central Excise and Land Customs, Rawalpindi Range. It was stated in the petition that he served the Department for 31 years with unblemished record. A Welfare Committee constituted by the employees for their benefit ran a Fair Price Shop at Rawalpindi. The Committee was independent and distinct from the Department. The funds, profits and losses of the shop belonged to the Committee and were no part of the Government Funds. Shortage of goods worth Rs. 17,689.42 in the shop was discovered on'…