| Citation(s) |
|---|
| 1980 SLG 223 1980 SLD 223 1980 SCMR 268 |
Supreme Court of Pakistan
Cr. Appeal No. K 32 of 1969, Criminal Appeals Nos. K 31 and K-347 of 1969, decision dated: 20th January 1974.
HAMOODUR RAHMAN, C.J., WAHEEDUDDIN AHMAD AND MUHAMMAD GUL, JJ
Zafar Hussain Mirza, Advocate General Sindh (S. Murtaza Hussain, Advocate Supreme Court with him) instructed by Shafiq Ahmad, Advocate-on-Record for Appellant (in both Appeals).
Respondent No. 2 in person (in Cr. Appeal No. 31 of 1969).
Cr. Appeal No. K 32 of 1969, Criminal Appeals Nos. K 31 and K-347 of 1969, decision dated: 20th January 1974.
HAMOODUR RAHMAN, C.J., WAHEEDUDDIN AHMAD AND MUHAMMAD GUL, JJ
Zafar Hussain Mirza, Advocate General Sindh (S. Murtaza Hussain, Advocate Supreme Court with him) instructed by Shafiq Ahmad, Advocate-on-Record for Appellant (in both Appeals).
Respondent No. 2 in person (in Cr. Appeal No. 31 of 1969).
Cr. Appeal No. K- 31 of 1969 THE STATE
VS
MUHAMMAD ISMAIL AND OTHERS Cr. Appeal No. K- 32 of 1969 THE STATE vs MASOOD HUSSAIN
Law:
Section:
General Clauses Act (X of 1897) -----S. 21 Locus poenitentiae Sanction for prosecution Earlier order for departmental inquiry given effect to and an Enquiry Officer appointed in pursuance of such order Decisive step taken No locus poenitentiae, held, left in Government to revise such order and accord sanction for prosecution of Government servant Pakistan Criminal Law Amendment Act (XL of 1958) S. 5(6) [Jalal Din v. M. Sheikh Muhammad Rafiq P L D 1965 S C 261 and Abdul Majid v. Chief Settlement Commissioner P L D 1967 S C 437 held not applicable].[Sanction for prosecution]. Shahbaz v. The Crown P L D 1956 F C 46 and Pakistan v. Muhammad Himayatullah P L D;1969 S C 407 distinguished. Lt. Col. G. L. Bhattacharya v. The State P L D 1964 S C 503 and Masood Hussain's case Appeal No. K 32 of 1969 and West Pakistan Land Commission v. Fateh Ullah Khan P L D 1971 S C 393 ref. Jalal Din v. M. Sheikh Muhammad Rafiq P L D 1965 S C 261 and Abdul Majid v. Chief Settlement Commissioner P L D 1967 S C 437 held not applicable. JUDGMENT HAMOODUR RAHMAN, C. J. These two appeals, by special leave arise out of two judgments and orders of the High Court of West Pakistan, Karachi Bench, in two different revisional applications, which were disposed of by the same learned Judge .on the same day. The facts giving rise to Criminal Appeal No. K 31 of 1969 are briefly as follows: In 1955 service road No. 10 within the P. W. D. Main Line Division of Tando Muhammad Khan was found to be in unserviceable condition. The Superintending Engineer ordered Muhammad Ismail, the Sub Divisional Officer, Tail Regulator Sub Division, to get this road repaired immediately. His repair .work was carried out by Azmatullah, a contractor, who submitted a bill for Rs. 4,200. This was passed by the respondent Muhammad Ibrahim Parekb, the Executive Engineer of the Division and payment thereof was made to the contractor on the 12th of May, 1955. Three years later, on the 29th of November, 1958, the local Anti Corruption Inspector, after holding an enquiry lodged a report that this amount had been misappropriated by the above mentioned three persons and one Muhammad Bashir. In due course, after completion of the…
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