FAYYAZ ULLAH KHAN vs PESHAWAR HIGH COURT, PESHAWAR S — 2021 PLC(CS) 1140 SUPREME-COURT

Case information

Citation: 2021 PLC(CS) 1140 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: PLC
Parties: FAYYAZ ULLAH KHAN vs PESHAWAR HIGH COURT, PESHAWAR S
Provisions referred to: S. 6---D

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FAYYAZ ULLAH KHAN VS PESHAWAR HIGH COURT, PESHAWAR S.6---District and Sessions Judge---Charges of corruption and living beyond ostensible legal means---Compulsory retirement---Subordinate Judiciary Tribunal had rightly noted that reply of the petitioner-Judge to the show cause notices showed that he had accepted the allegation of leading a stylish life which was beyond his lawful means; that on admission, he was required to discharge the burden which he took upon his shoulders but he did not produce any iota of evidence to that effect; that had he not taken the plea, which he took, then of course burden would have been on the Establishment to substantiate its charge but once the petitioner admitted that he was a Grade-21 Officer with a handsome salary, and that his wife was a specialist doctor having served abroad for a long time and that he had sufficient means of livelihood from his ancestral property, then, upon taking such plea, he was bound to produce some material in support of his plea, which he did not do---No evidence of any nature whatsoever was placed on record to show the earnings of petitioner's wife as a doctor or the earnings of the petitioner from his alleged ancestral property---Neither during the course of hearing of present petition nor before the Tribunal, the petitioner filed any material to substantiate his plea that he possessed the means to live a lifestyle beyond his known means as alleged in the show cause notices---Petition for leave to appeal was dismissed and leave was refused.

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