NAZAR HUSSAIN vs COMMISSIONER, FAISALABAD DIVISION and another
The petitioner, a former Revenue Patwari, sought leave to appeal against the judgment of the Service Tribunal upholding his dismissal from service. The petitioner was proceeded against under the Efficiency and Disciplinary Rules for entering, putting up, and getting attested a mutation that transferred valuable property to a private party contrary to law and instead of correctly giving effect to a High Court order. The competent departmental authorities and the Service Tribunal examined the record and dismissed the petitioner's appeal, holding the charges proved. The Supreme Court of Pakistan examined the charges and documents, finding that the petitioner had been derelict in discharging his duties in a manner that favored an undeserving party. The Court held that the finding of fact and the punishment awarded were sustainable on the material produced. Consequently, the Supreme Court refused leave to appeal, affirming the dismissal.
- Whether a revenue official can be dismissed from service for entering and processing a mutation contrary to the requirements of law and court orders?
- Does the Supreme Court interfere with concurrent findings of fact by departmental authorities and the Service Tribunal when the punishment is sustainable on material produced?
' SHAFIUR RAHMAN, J.---The petitioner, formerly a Revenue Patwari, seeks leave to appeal against the judgment of the Service Tribunal, dated 6-3-1986 whereby his service appeal against order of dismissal from service, was dismissed.
2. The petitioner was proceeded against under the Efficiency and Disciplinary Rules for having entered, put up and got attested the Mutation whereby valuable property was transferred to a private party. The defence of the petitioner was that it was on the written orders received from the superior officers and the attestation of the mutation itself was done by his seniors and he was in no way involved with it. The competent authority and the departmental appellate authority examined the plea of the petitioner and held the charge proved and dismissed him from service. The Service Tribunal examined the entire background and upheld the order of his dismissal from service.
3. Ch. Qadir Bakhsh, Senior Advocate, the learned counsel for the petitioner has urged the same grounds for advancing the case of the petitioner as were taken note of by the Service Tribunal and by the departmental authorities.
4. We have examined the charges and the documents on which they are based. It appears that there was an order of the High Court which had to be given effect to and instead of complying with that order of the Court the petitioner selected the area indicated in the application made by one of the parties to the litigation for the purposes'of entering and ultimately getting registered a mutation of transfer of land. That mutation was ultimately reviewed and the damage done reversed. Nevertheless the petitioner had been derelict in not discharging his duties in the manner in which it was to be discharged but in a manner against the requirement of law and likely to profit a party which, but for the act of the Patwari, was undeserving of it, The finding of fact and the punishment awarded both are sustainable on the material produced before us. No ground is made out for further examination of the questions involved. Leave to appeal is, therefore, refused.