Law:

Section:

(a) Constitution of Pakistan (1973)----Art. 185(3)---Leave to appeal was granted to the petitioner in view of conflicting decisions of same High Court on the same subject. Muhammad Faiq Khan Khattak v. The Managing Director/Chairman, Board of Directors, Agricultural Development Authority, N,-W.F.P. Writ Petition No.42 of 1981, decided on 8-12-1984 and Writ Petition No.210 of 1986 and Safiullah v. The Managing Director, Agricultural Development Authority, N.-W.F.P., Peshawar PLD 1989 Pesh. 124 ref. (b) Constitution of Pakistan (1973)--- - ----Art. 199---Constitutional jurisdiction---High Court, held, was justified in refusing to grant discretionary relief to a civil servant on the basis of element of corruption. (c) Constitution of Pakistan (1973)--Art. 185---Appeal to Supreme Court---High Court had dealt with the case legally and properly and no violation of law was involved for decision--­Supreme Court declined interference. JUDGMENT ABDUL QADEER CHAUDHRY, J.---Leave to appeal was granted to the appellant in view of conflicting decisions on the same subject in Muhammad Faiq Khan Khattak v. The Managing Director/Chairman, Board of Directors, Agricultural Development Authority, N.-W.F.P. (Writ Petition No.42 of 1981, decided on 8-12-1984 and judgment corrected on 21-5-1985) and Writ Petition No.210 of 1986, Safiullah v. The Managing Director, Agricultural Development Authority, N.-W.F.P., Peshawar PLD 1989 Pesh. 124. The impugned judgment in this appeal is dated 25-1-1988. 2. The facts of the case are that cases of embezzlement of funds were registered against Major (Retd.) Sattar Muhammad, ex-Director, Agricultural Development Authority, on 2-6-1977, 24-10-1977 and 16-8-1977. He was tried by a Military Summary Court. He was convicted and awarded the sentence of fine of rupees one lac. The Deputy Martial Law Administrator set aside the conviction in one case and acquitted him. In another case, he was granted pardon. A direction was issued on behalf of the Deputy Martial Law Administrator that he shall be reinstated in service without affecting his 'seniority and shall also not be liable to any departmental action. He was reinstated in service in consequence of…

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