354/2024 Const. P. Mumtaz Ali (Petitioner) V/S Province of Sindh & Others (Respondent)

354/2024 Const. P. Mumtaz Ali (Petitioner) V/S Province of Sindh & Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 23-SEP-24

There is no cavil to the proposition that this court has no jurisdiction to take suo moto action under Article 199 of the Constitution. However, the Supreme Court of Pakistan held in the case of Divisional Superintendent, Postal Services, Gujranwala and another vs. Muhammad Arif Butt (2021 SCMR 1033) that any government servant who misappropriates public money, regardless of the amount, has breached the trust and confidence placed in them. This is considered dishonesty and misconduct, and such an employee has no place in government service. It is well-settled that based on sheer technicalities, the persons cannot be exonerated from serious charges of misappropriation and fraud, if any, and that needs proper inquiry and investigation by the investigating agency to unearth the truth for placing the same before the competent Court of law. Therefore the titled Constitution Petitions are maintainable on various accounts, Articles 9 (security of person), 14 (inviolability of dignity of man), 24 (protection of property rights), and 25 (equality of citizens) of the Constitution and affecting the public at large because unlawful diversion of State resources from public development projects to private use leads to poverty, declining quality of life and injustice, as such these petitions can be heard and decided on merits.