Law:

Section:

Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)---------S.3---Constitution of Pakistan (1973), Art. 212(3)---Civil servant, a Deputy District Attorney', was compulsorily retired from service on the complaint/charge that while he was posted as such in the Court of Additional District Judge, he took Rs.3,52,000 as bribe from a litigant in the name of the Presiding Officer and thereby was guilty of misconduct and corruption within the meaning of S.3(b)(c) of the Punjab Removal from Service (Special Powers) Ordinance, 2000---Competent Authority had ordered for initiation of enquiry against the accused civil servant under the Ordinance and he was supplied statement of allegations---Civil servant submitted his written defence to the Enquiry Officer denying such allegation--- Enquiry Officer, however, conducted detailed enquiry, examined the witnesses from both sides, and concluded that the accused civil servant was guilty of charges and recommended his compulsory retirement to the Competent Authority---Copy of the said report alongwith show-cause notice was supplied to the civil servant--­Competent Authority after compliance of S.3(2) of the Ordinance imposed penalty of compulsory retirement upon the civil servant with all pensionary benefits---Civil servant made representation, which was rejected against which he filed appeal before the Service Tribunal which was dismissed---Complainant had moved the Anti-Corruption Establishment against the civil servant but he alongwith witnesses resiled under pressure and hoped that the amount of bribe taken by the accused civil servant would be returned to him when the Anti-Corruption Establishment not only dropped the proceedings but also recommended for initiation of proceedings against the complainant under S.182, P.P.C.---Here the accused civil servant played clever as instead of returning bribe amount, coercion was practiced to browbeat the complainant on which complainant revived his grievance ---Effect--­Investigation or the inquiry conducted by the Anti-Corruption Establishment which was dropped could not be equated with an enquiry held subsequently under law---Rule of double jeopardy thus would not…

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