Case Details

Citation(s)
2006 SLG 2466 2006 SLD 2466 2006 SCMR 508
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.977-K of 2001, decision dated: 24-07-2002 (On appeal from the judgment, dated 17-9-2001, passed by the Federal Service Tribunal, Islamabad, in Appeal No.308(K) of 1998)
SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ

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MUSHTAQ HUSSAIN QAZI, ADDITIONAL COMMISSIONER OF INCOME TAX, Karachi High Court

VS

AUTHORIZED OFFICER, THE CHAIRMAN, CENTRAL BOARD OF REVENUE, GOVERNMENT OF PAKISTAN, Islamabad High Court High Court and 2 others

Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973-------Rr. 3(b)(c), 4(1)(a)(ii), 5 & 6-Government Servants (Conduct) Rules, 1964, Rr.11 & 12(2)---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art.212(3)---Withholding of one annual increment---Penalty of withholding of one annual increment for a period of 3 years was imposed upon petitioner after issuing him show-cause notice, charge-sheeting him and holding inquiry against him on charge of misconduct because of being corrupt and his failure to file annual declaration of his assets---Allegations against petitioner had fully been proved and impugned order passed against petitioner was well reasoned and was based on law---Question of general public importance as contemplated under Art.212(3) of the Constitution being not involved in petition for leave to appeal, said petition, which otherwise was barred by time, was dismissed and leave to appeal was declined: Muhammad Saleem v. Superintendent of Police PLD 1992 SC 369; Imtiaz Ahmed v. Ghulam Ali PLD 1963 SC 382; A.U. Musarrat v. Government of West Pakistan PLD 1977 SC 24; M.A. Rahman v. Federation of Pakistan 1988 SCMR 691 and Samiuddin Qureshi v. Collector of Customs PLD 1989 SC 335 ref. Muhammad Naseem, Advocate Supreme Court and Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 24th July, 2002. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---Petitioner seeks leave to appeal against the judgment of the Federal Service Tribunal, Islamabad, (hereinafter referred to as the Tribunal), dated 17-9-2001, passed in Appeal No.308(K) of 1998. 2. The facts, in brief, are that the petitioner while serving as Deputy Commissioner, Income Tax, Circle-3, Companies-III, Karachi, initially applied through proper channel for grant of house building advance for the purchase of plot at Nawab Shah, vide letter, dated 6-8-1995. His request was acceded to through letter, dated 30-8-1995, whereby an amount of Rs.2,88,468 was sanctioned in his favour. Vide notification dated 9-4-1997, the Secretary, Central Board of Revenue, Government of Pakistan, suspended as many as 14 Officers of Income Tax…
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