MUHAMMAD TAHIR KHAN vs CENTRAL BOARD OF REVENUE and others
This matter concerns a petition for leave to appeal against a judgment of the Federal Service Tribunal, which upheld the dismissal of the petitioner, a Customs Inspector, from service. The petitioner was dismissed following allegations that he negligently inspected export goods, resulting in a significant financial loss to the national exchequer due to fraudulent rebate claims. The core legal question before the Supreme Court is whether an unproven foreign report—specifically, a report from United States Customs Authorities—can serve as sufficient evidence to establish the guilt of a civil servant in a departmental inquiry without formal proof or corroborative material. The Supreme Court, noting the petitioner's contention that the report was neither produced nor proved, found merit in the petition. Consequently, the Court granted leave to appeal to determine if such a report, absent formal proof, constitutes valid evidence for a finding of guilt or if additional corroborative material is required to sustain disciplinary action against a public servant.
- Whether a foreign customs report, without formal proof, is sufficient evidence to establish the guilt of a civil servant in a departmental inquiry?
- Is corroborative material required to support a finding of guilt in a disciplinary proceeding when relying on an unproven foreign report?
ORDER
' AJMAL MIAN, J.---This is a petition for leave to appeal against the judgment dated 11-7-1993 passed by the Federal Service Tribunal, Camp at Lahore, hereinafter referred to as the Tribunal, in Appeal No, 116(L) of 1993 filed by the petitioner against his dismissal from service vide order dated 28-8-1991, dismissing the same.
2. The relevant facts are that the petitioner, while working as an Inspector of Customs in the Export Section at Lahore Airport, inspected 98 cartons and examined 20% of goods contained therein in presence of clearing agent, which . Were intended to be exported to U.S.A. And found to have contained surgical instruments and G/goods as per invoice and packing list. However, when the above consignment reached the port of destination in U.S.A., upon making of enquiry by the U.S. Customs Authorities, it transpired that the said consignments consisted of surgical instruments, handicrafts (footballs), even less than 20% quantity reported to have been examined by the petitioner. The petitioner was charge-sheeted for having caused loss to the national exchequer to the tune of Rs,12,87,007 which was paid as rebate to the exporters. After holding necessary enquiry, the petitioner was dismissed from service. His appeal before the Tribunal also failed. He has, therefore, filed the present petition for leave to appeal.
3. In support of the above petition, Sardar Muhammad Akram, learned A.S.C. Appearing for the petitioner, has contended that neither any affidavit of any Customs official of U.S. Customs was produced nor the above U.S. Customs Report was produced nor the above U.S. Customs Report was proved and, therefore, there was no evidence on the basis of which finding of guilt could have been recorded by the Enquiry Officer against the petitioner.
4. We are inclined to grant leave to consider, whether the above U.S. Customs Report without its formal proof was sufficient to hold the petitioner as guilty or whether there was any other corroborative material before the Enquiry Officer indicating the petitioner's guilt. Leave is, accordingly, granted.