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GOVERNMENT OF PAKISTAN THROUGH SECRETARY M/O FINANCE AND OTHERS versus ASIF ALI AND OTHERS


RR 2 (a) and 5 (1) (ii) Criminal Procedure Code (V9 1898), Section 265K Effect of Recovery by Criminal Court on Misappropriation of Government Funds Employed as a Government Officer while in the National Savings Center Was found involved in deployed financial irregularities. The departmental authority passed the order dismissing him from employment. In addition to the court proceedings, government employees were also prosecuted on charges of misappropriation of public servants, in which they were charged under Section 265, C.R.P.C. Under the service tribunal, the offender was acquitted of being acquitted. The charge sets aside the dismissal of a civil servant and instructs him to reinstate himself in the service. The standard of proof before the regular court and the method of proving misconduct and criminal charges were not the same, therefore, a person was acquitted on a charge of criminal misconduct. Criminal court may have a relevant factor in determining the nature of misconduct in court proceedings but not in the way voting is conducted, exempted from charges of misconduct under the Public Employees (Discipline and Discipline) Rules, 1973 One of the reasons for the allegation of corruption against a civil servant was based on allegations of corruption and misconduct for personal gain. The direct evidence of this was brought to the record but the Service Tribunal for misunderstanding of the law, forwarding the order passed by the competent authority based on the decision of the competent court, without regard to such evidence, The appeal was allowed by the tribunal's decision

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