NAVEED NAZEER vs NATIONAL DATABASE AND REGISTRATION AUTHORITY (NADRA) Rr — 2023 PLC(CS) 1330 ISLAMABAD

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NAVEED NAZEER VS NATIONAL DATABASE AND REGISTRATION AUTHORITY (NADRA) Rr. 2(k), 4 & 16---National Database and Registration Authority Employees' (Service) Regulations, 2002, Regln. 23---Government Servants (Efficiency and Discipline) Rules, 1973, Preamble---Constitution of Pakistan, Art. 199---Misconduct---Major penalty---Dismissal from service---Constitutional petition filed by employee of NADRA---Maintainability---Allegation against employee (Data Entry Operator) of National Database and Registration Authority ('NADRA') was that he was involved in illegal processing of CNICs of non-nationals---On rejection of departmental appeal, the employee invoked constitutional jurisdiction of the High Court---Contention of the petitioner (employee) was that competent authority could not enhance the quantum of punishment from reduction to a lower post for a period of two years, as recommended by the inquiry committee to dismissal from service---Validity---Record revealed that confessional statement was made by the petitioner which was in his own writing; he affixed his thumb impressions and signatures on it; and while admitting receiving Rs. 15,000/= as bribe for the illegal processing of CNIC form each person, he had stated that he had processed about 40 forms, meaning thereby that as per his own confession he had taken bribe amounting to Rs. 600,000/=---All the legal and codal formalities had been completed, in the present case, by the respondents/department---Even otherwise, the employees of National Database and Registration Authority ('NADRA') were to be proceeded against under the Government Servants (Efficiency and Discipline) Rules, 1973, as the same were adopted by NADRA under the non-statutory Regln. 23 of the National Database and Registration Authority Employees' (Service) Regulations, 2002 ('the Regulations 2002')---Constitutional petition filed against the NADRA was not maintainable, the terms and conditions of the services of employees of NADRA are governed under master and servant rules, as the Regulations 2002 are non-statutory---Petitioner failed to point any violation of Rules and Regulations---Constitutional petition, being not maintainable, was dismissed, in circumstances.

NAVEED NAZEER vs NATIONAL DATABASE AND REGISTRATION AUTHORITY (NADRA) Rr — 2023 PLC(CS) 1330 ISLAMABAD

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