ANWAR HUSSAIN (Recd.) DEPUTY COLLECTOR vs DIRECTOR-GENERAL, PAKISTAN BROADCASTING CORPORATION HEADQUARTERS, ISLAMABAD and 2 others

' FALAK SHER, J.---Petitioner while posted as Deputy Controller High Powers Transmitting Station Pakistan Broadcasting Corporation, Multan, pursuant to a written complaint, which was entrusted to a three Member Committee for preliminary inquiry, on its report was subjected to disciplinary proceedings vide show-cause notice dated 12-2-1998 enshrining the following: "Show-cause notice: ' Whereas you, Mr. Anwar Hussain, DC, HPT, PEC, Multan, misused PEC vehicles including the private vehicle hired, on the cost of PCB, as reported by Mr. Saeed Ahmed Ansari, Assistant Account Officer, HPT, Multan, in his report dated 25-7-1997, levelling serious allegations against you; and

2. Where in the light of report dated 19-1-1998, submitted by Mirza Muhammad Sarwar, Assistant Account Officer, PBC, Multan (Member of Inquiry Committee), the charges levelled against you have been proved (copy enclosed), and thus you caused a loss of Rs,74,163 to the Corporation; and

3. Whereas your above act amounts to Misconduct and Corruption under the PBC Employees (E&D)

Regulations, 1979.

4. Whereas it has been provisionally decided to recover an amount of Rs,74,163 from you; and

5. Now, therefore, you are directed to show cause within 7 days of the receipt of this notice as to why recovery of an amount of Rs,74,163 may not be effected from you. In case you fail to put forward any reply within the specified period, ex parte action will then be taken against you, presuming that you have no defence to put forward. Youmay also state in writing whether you wish to be heard in person."

2. On which count after considering the petitioner's reply and the material adduced recovery of Rs,74,163 was ordered to be effected from his dues payable by the Pakistan Broadcasting Corporation on the eve of his retirement on 21-2-1998.

3. Legality whereof, subsequent to the turning down of his appeal by the Chairman Pakistan Broadcasting Corporation on 27-5-1998, was assailed in Appeal (No,581(L/98) before the Federal Service Tribunal, which meted with the same . Fate vide the impugned order dated 5-10-2000, concluding the following: "4. We have gone through the appeal file and have also considered the arguments of the parties counsel. The appellant was found involved in the commission of serious misconduct of over-stated millage and short service of hired taxi and has failed to controvert the findings of Mirza Muhammad Sarwar, Member of the Inquiry Committee. The deficiency pointed out by the appellant in the disciplinary proceedings has not caused any prejudice to the appellant. The penalty of recovery of Rs,74,163 is justified from the facts and circumstances of the case. The appellant appeared to have misused his powers and has committed financial irregularities and illegalities which were also found established against him."

4. Against which leave to appeal is being sought, primarily contending that report of the three- Member Inquiry Committee is only signed by one Member and the recovery could not be effected from his pensionary benefits, consequent upon his retirement.

5. We are afraid the former contention has been advanced in oblivion of the fact that the three- Member Inquiry Committee was constituted to conduct a preliminary inquiry into the complained of allegations prior to the issuance of.The charge-sheet, as a fact-finding body and not as Inquiry Officer under the disciplinary rules.

Likewise, the second submission is of no avail because the employer while defraying the sums could legitimately adjust the amounts due.

6. Resultantly, the petition being devoid of any substance, fails and is hereby dismissed, leave declined.

Leave declined.