| Citation(s) |
|---|
| 2007 SLG 1813 2007 SLD 1813 2007 PLC 165 |
Supreme Court of Pakistan
Civil Petitions Nos.3376-L to 3378-L, 3526-L, 3540-L and 3580-L of 2002, decision dated: 17-12-2002. (On appeal from the judgment dated 12-7-2002 of the Punjab Service Tribunal, Lahore passed in Appeals Nos.580 of 2000, 668 of 2000, 841 of 2000 and 668 of
MUNIR A. SHEIKH, FAQIR MUHAMMAD KHOKHAR AND KARAMAT NAZIR BHANDARI, JJ
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Civil Petitions Nos.3376-L to 3378-L, 3526-L, 3540-L and 3580-L of 2002, decision dated: 17-12-2002. (On appeal from the judgment dated 12-7-2002 of the Punjab Service Tribunal, Lahore passed in Appeals Nos.580 of 2000, 668 of 2000, 841 of 2000 and 668 of
MUNIR A. SHEIKH, FAQIR MUHAMMAD KHOKHAR AND KARAMAT NAZIR BHANDARI, JJ
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PROVINCE OF PUNJAB through Secretary, Agriculture Department, Lahore and others
VS
SHAHID PERVAIZ and others PROVINCE OF PUNJAB through Secretary, Agriculture Department, Lahore and others vs SHAHID PERVAIZ and others
Law:
Section:
Service Tribunals Act (LXX of 1973)-------S. 4---Constitution of Pakistan (1973), Art.212(3)---Financial loss, recovery of---Fraudulent withdrawal of G.P. Fund---Petitioners along with other Government officials were allegedly responsible for withdrawal of G.P. Fund fraudulently---Authorities held the petitioners liable to return the amount so withdrawn---Service Tribunal in appeal maintained the finding of the authorities---Plea raised by the petitioners before High Court was that they being not party to the fraud and cashier being the only person responsible to have caused loss to the State and being beneficiary of the withdrawal, recovery of specific amount from them could not be justified---Authorities contented that the penalties imposed by them were justified---Validity---Leave to appeal was granted by Supreme Court to further examine the entire case. Muhammad Sharif Butt, Advocate Supreme Court with Rao Muhammad Yusuf Khan, Government Advocate-on-Record for Petitioners (in C.Ps. Nos.3376-L to 3378/L of 2002). Hafiz Tariq Naseem, Advocate Supreme Court with M. Aslam Chaudhry, Advocate-on-Record for Respondents (in C.Ps. Nos.3376-L to 3378/L of 2002). Ch. Muhammad Hussain Naqshbandi, Advocate Supreme Court with Muhammad Ozair Chughtai, Advocate-on-Record for Petitioner (in C.P. No.3526-L of 2002). Nemo for Respondents (in C.P. No.3526-L of 2002). Faizur Rehman, Advocate-on-Record for Petitioner (in C.P. No.3540-L of 2002). Nemo for Respondents (in C.P. No.3540-L of 2002). Hafiz Tariq Nasim, Advocate Supreme Court with Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioner (in C.P. No.3580-L of 2002). Nemo for Respondents (in C.P. No.3580-L of 2002). Date of hearing: 17th December, 2002. ORDER MUNIR A. SHEIKH, J.--- By this judgment we propose to decide the titled civil petitions involving identical questions of law and facts. 2. The petitioners in Civil Petitions Nos.3526-L, 3540-L of 2002 and 3580-L of 2002 along with cashier were proceeded against regarding fraudulent withdrawal of certain G.P. Fund advances on the bills bearing their signatures. The Inquiry Officer was of the opinion that though negligence on the part of these petitioners in…
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