TAHIR LATEEF SHEIKH Versus GOVERNMENT OF PAKISTAN through Secretary, Establishment Division

ORDER

FALAK SHER, J.--- Petitioner an Officer of the Income Tax Group in BS-20 having been proceeded against by the National Accountability Bureau for acquiring assets through corruption or corrupt practices culminating into defraying of Rs.31.05 million to the exchequer, upon his entering the plea bargain with the National Accountability Bureau within the contemplation of section 25(b) read with section 15 of the National Accountability Bureau Ordinance, 1999, was subsequently subjected to the rigours of disciplinary proceedings within the contemplation of the Removal from Service (Special Powers) Ordinance, 2000 resulting into imposition of major penalty of dismissal from service on 11-11-2004, which on appeal was maintained by the Federal Service Tribunal, Lahore vide the impugned judgment dated 26-7-2005, has sought leave to appeal pressing into service violation of Articles 13 and 25 of the 1973 Constitution viz. double jeopardy and discrimination.

2. With which we are not impressed because the former plea has been advanced in oblivion of the fact that criminal proceedings are independent of the disciplinary proceedings while on the latter count viz. two of his contemporaries have been awarded the penalty of compulsory retirement, on the circumstances of the case we are not inclined to interfere in this extraordinary jurisdiction. Accordingly, the same fails and is hereby dismissed. Leave declined.

H.B.T./T-5/SC Leave refused.