KARAMAT HUSSAIN Versus WATER AND POWER DEVELOPMENT AUTHORITY

ORDER

ABDUL QADEER CHAUDHRY, J.‑‑ ‑The Petitioner seeks leave to appeal against the judgment of the Federal Service Tribunal dated 6‑4‑1993.

2. The petitioner was charge‑sheeted for corruption. An inquiry was conducted against him, and was found guilty of the charge. He was reduced to the post of Assistant Budget and Accounts Officer (B‑16) for a period of three years. His appeal has been dismissed by the Service Tribunal. The learned Service Tribunal has based its judgment on the report of the Inquiry Officer and then observed as under:‑‑

"The appellant was furnished copy of inquiry report and no prejudice has been alleged or caused to him. He was also given personal hearing. Therefore, we are of the opinion that the second charge against the appellant has rightly been proved, and the impugned order of his reduction to the post of Assistant Budget and Accounts Officer for a period of three years is rather a lenient view taken by the respondents, otherwise in cases of corruption, dismissal from service would have been the appropriate punishment. We, therefore, uphold the impugned order and dismiss the appeal with costs."

3. The learned counsel for the petitioner has submitted that the learned Tribunal has not applied its mind to the facts of the case; that the report of the Inquiry Officer, that P.W. Muhammad Hayat Yaqoob and P.W. Sarfraz Khan are independent witnesses, is not correct, as both these witnesses were also contractors and directly interested in levelling allegations against the Petitioner. There is no direct evidence of receiving bribe from the contractors, and there is no allegation that the petitioner is reported to be corrupt.

Leave is granted to consider the contentions of the learned counsel.

AA./254/S Leave granted