Qazi MUHAMMAD ISMAIL vs DIRECTOR FOOD, PUNJAB, LAHORE and another
This petition for leave to appeal arose from a service dispute involving a Food Grain Supervisor who was dismissed from service following a regular inquiry into a significant shortfall of wheat at his procurement center. The petitioner challenged the dismissal, arguing that a co-accused had accepted full responsibility for the shortage and that he had been acquitted in related criminal proceedings. The Supreme Court reviewed the findings of the lower authorities and the Service Tribunal, noting that the Inquiry Officer, Authorized Officer, and competent authority had collectively established the petitioner's guilt based on evidence, including his own written admission regarding the shortfall and the creation of bogus records for fictitious wheat dispatches. The Court held that it would not conduct a fresh inquiry into the factual findings of guilt or innocence. Concluding that the petition failed to raise any substantial question of law of public importance as required for interference under Article 212(3) of the Constitution, the Court dismissed the petition and refused leave to appeal.
- Does a criminal acquittal automatically invalidate departmental inquiry findings regarding the same misconduct?
- What constitutes a substantial question of law of public importance under Article 212(3) of the Constitution of Pakistan?
- Can the Supreme Court re-examine factual findings of guilt established by departmental inquiry officers in a service matter?
- Article 212(3), Constitution of Islamic Republic of Pakistan 1973
' FAQIR MUHAMMAD KHOKHAR, J.--- The petitioner seeks leave to appeal from judgment, dated 29- 8-2002, passed by the Punjab Service Tribunal, Lahore, in Appeal No,2614 of 2001.
2. The petitioner was a Food grain Supervisor. He was proceeded against along with other officials for the huge shortfall of wheat procured by them at their centre. A regular inquiry was held in which he was found guilty. Therefore, on the recommendations of the Authorized Officer, the Deputy Director, Food, Bahawalpur Division, being the competent authority, passed an order, dated 7-6- 2000 whereby the petitioner was dismissed from service along with recovery of the value of the shortfall of the wheat to be made from the petitioner and other delinquent officials in equal proportion. The petitioner filed departmental appeal, which was dismissed by the order, dated 19- 10-2001, passed by the Director, Food, Punjab, Lahore. Therefore, he preferred Appeal No,2614 of 2001, which was also dismissed by the impugned judgment, dated 29-8-2002, passed by the Tribunal. Hence this petition for leave to appeal.
3. The learned counsel for the petitioner argued that the co-accused Muhammad Riaz had taken full responsibility for the entire shortage of the wheat stock. It was further contended that a criminal case was also registered against the petitioner and others in which the petitioner had been acquitted by the Court of competent jurisdiction on 2-2-2002. It was lastly submitted that the charge against the petitioner was not proved by the Inquiry Officer.
4. We have heard the learned counsel for the petitioner at some length and have also gone through the available record. We find that the Inquiry Officer, the Authorized Officer and the competent authority had satisfied themselves on the basis of record that the petitioner was guilty of the charge. It was found that the petitioner had also given in writing on 13-7-1999, that there was a shortfall of the wheat stock and that he had prepared the bogus record for the fictitious dispatches of 1770 bags of wheat. We are not supposed to hold a partial inquiry in order to determine the guilt or otherwise afresh. This petition does not involve any substantial question of law of public importance within the meaning of Article 212(3) of the Constitution of Islamic Republic of Pakistan so as to warrant interference by this Court.
5. For the foregoing reasons we do not find any merit in this petition which is dismissed and leave to appeal is refused accordingly.