Muhammad Yar

Before the Provincial Chairman, Zakat Council, Lahore.

Muhammad Yar S/o Nusrat Ali, caste Tur Sial, R/o Chak No. 93/10R, Tehsil & District Khanewal. Appellant VERSUS 1.

Major (R) Khadim Hussain, District Chairmn, Zakat Committee, Khanewal.

2.

The Zila Zakat & Ushr Committee, Khanewal.

3.

Malik Mushtaq, District Zakat Officer, Khanewal.

4.

Habib Ahmad Saeedi, Member Jahez, Zila Zakat & Ushr Committee, Khanewal.

5.

The Chairman Yasin Welfare Society, AL-Awan Building Chak Shahana Road, Khanewal. Respondents

Appeal against the order No. DLC/KWL/02 dated 6.3.2002 passed by respondent No. 1, vide which the respondent illegally and without jurisdiction cancelled the membership of the appellant of the Local Zakat & Ushr Committee and as such dismissed him from the Chairmanship of Local Zakat & Ushr Committee of Chak No. 93/10-R Khanewal. CLAIM IN APPEAL: To set aside the impugned order dated 6.3.2002 and restore the Chairmanship and membership of the appellant

Respectfully Sheweth: 1.

That the appellant was unanimously elected as Chairman of the Local Zakat & Ushr Committee, Chak No. 93/10-R Tehsil & District Khanewal for a period of three years and in this regard Thereafter, the respondent No. 1 issued Notification No. 584-1115 dated 9.6.2001. The photocopy of the Notification is annexed as Annex “A”.

2.

That the Government of Punjab Zakat & Ushar Department vide letter No. SO (X&U) 5-12/2001 dated Lahore the 2nd May 2001 announced to grant stipend to deserving (Mustahiq) students out of Zakat Fund. The students of the area for the grant of stipend to the appellant. The appellant sent those applications along-with list of Mustahiq students to the respondent. The appellant time and again asked about the fund, but the respondent every time has said that no funds are available. But instead of supplying money for this purpose. The respondents sent the list of students of one Dastkari School of Chak No. 93/10-R alng-with cheque No. 144417/62 dated 26.10.2001 amounting to Rs. 156,000/- to the appellant and ordered that the list of student be attached with record and after en-cashing the cheque, give the amount to the respondent. List of the students given by the appellant is Annex “B”, the photo-copy of cheque is annexed as Annex “C” and the list of Dastakari School is Annex “D”.

3.

That the appellant made enquiry about the Dastkari School of Chak No. 93/10-R and the students of that so-called school and came to the conclusion that the list of the students supplied by the respondent was also bogus one.

4.

That thereafter, the appellant met the respondent and told him that the appellant had not recommended the list of Dastakari School’s students, more the list is bogus one, therefore, the appellant could not give the amount to respondent. He also requested the respondent No. 1 to initiate penal action against

the concerned persons who had committed fraud. But instead of taking action against the culprits, the respondent threatened the appellant that if he did not pay the amount to him then he would have to face the dire consequences. 5.

That the appellant did not become the part of this fraud and decided to face the circumstances. When the appellant did not obey the illegal order of the respondent, he received the impugned order on 15.3.2002. The copy of orders is annexed Annex “E”.

6.

That the impugned order is illegal, ultra-vires, without jurisdiction, with malafide intention, against law, facts and circumstances of the case and as such liable to be set aside on the following amongst other GROUNDS a)

That the appellant was unanimously elected by the inhabitants of the locality as member and Chairman of the Local Zakat & Ushr Committee. There is no complaint of any kind of corruption or misuse of Zakat fund against the appellant. The only fault of appellant is that he has not become the part of forgery which was going to be committed by the respondents. He has not released the amount in the name of fictitious school and students and handed over the amount to the respondents.

b)

That according to law if members of the Local Zakat Committee are not satisfied about the working of their Chairman, then they will send the case for removal of the Chairman to the District Zakat Committee. The Chairman of Zila Zakat Committee after holding enquiry and providing opportunity of hearing may pass the order of dismissal of that person. But in the case of the appellant no complaint has ever been made by the members of Local Zakat

Committee to the respondent, thereafter, the respondent is not empowered to initiate any kind of action against the appellant and pass the impugned order. c)

That according to the impugned orders, the House of the Zila Zakat Committee in its meeting No. 35 dated 13.11.2001, has decided to dismiss the membership and Chairmanship of the appellant. This order has been conveyed to the appellant after lapse of more than three months. This act of the respondents is the proof of the malafide intention of the respondents.

d)

That the impugned order is not a speaking order. It has not explained that why and how the proceedings against the appellant had to be initiated in the meeting of the Zila Zakat Committee. It is silent that under what circumstances, the House had to initiate the proceedings against the appellant and pass the impugned order.

e)

That the respondent has not given any notice for hearing, to the appellant. He has not given any show cause notice in this regard. They have not given any kind of opportunity of hearing to the appellant. Had the respondent given the chance of hearing to the appellant, he would have been in a position to explain his case. By not giving the chance of hearing, the respondent has snatched the precious right of the appellant. “One should not be condemned unheard”

f)

That in the interest of justice, before starting any proceedings or passing any order against the effected person, opportunity of hearing must be provided to him. If the opportunity of hearing is not provided then that amounts the violation of the four-corners of natural justice. The Hon’ble Superior Courts of the country have rigorously condemned such kind of actions of the authorities.

g)

That by passing this order that respondent has violated the principle of “Audi Alterm Partem” and as such the order is illegal and not sustainable.

PRAYER: Under these circumstances, it is humbly prayed that the impugned order dated 6.3.2002 and dated 13.11.2001 of the respondent may very graciously be set aside and the Chairmanship and membership of the appellant may very graciously be restored. Humble Appellant, Dated: ________

Through: Syed Muhammad Afaaq Shah, Advocate High Court, 93-District Courts, Multan.

Before the Provincial Chairman, Zakat Council, Lahore.

Muhammad Yar

VS.

Major (R) Khadim Hussain etc.

Application for suspension of impugned order dated 6.3.2002. The applicant respectfully sheweth as under: 1.

That the above mentioned appeal is going to be filed before this Hon’ble Court.

2.

That the contents of the appeal be considered part of this application.

3.

That the respondents are banked upon to appoint the chairman of their own liking.

4.

That the applicant has a good prima facie case.

5.

That balance of convenience lies in favour of the applicant.

6.

That if the impugned order is not suspended the applicant will have to suffer irreparable loss. Under these circumstance, it is humbly prayed that the impugned order may very graciously be suspended till the final disposal of the appeal. Applicant,

Dated: ________ Through: Syed Muhammad Afaaq Shah, Advocate High Court, 93-District Courts, Multan.

Before the Provincial Chairman, Zakat Council, Lahore.

Muhammad Yar

VS.

Major (R) Khadim Hussain etc.

Application for suspension of impugned order.

AFFIDAVIT of: Muhammad Yar S/o Nusrat Ali, caste Tur Sial, R/o Chak No. 93/10-R, Tehsil & District Khanewal.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned petition are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT

Verification: Verified on oath at Multan, this _____ day of March 2002 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT

To, The Provincial Chairman, Zakat Council, Lahore.

Subject: -

Application for taking action against: 1. Major (R) Khadim Hussain, District Chairmn, Zakat Committee, Khanewal. 2. Malik Mushtaq, District Zakat Officer, Khanewal. 3. Habib Ahmad Saeedi, Member Jahez, Zila Zakat & Ushr Committee, Khanewal. 4. Muhammad Rafique, the Chairman of Yasin Welfare Society, AL-Awan Building Chak Shahana Road, Khanewal.

The applicant respectfully submits as under: 1.

That the applicant is Chairman of Local Zakat & Ushar Committee Chak No. 93/10-R, Kahanewal.

2.

That as per procedure, the Local Zakat Committee sends the list of the Mustahiqeen to the Zila Zakat Committee, who oon the recommendation of the Local Zakat Committee pass the bill and supply the amount for the distribution/disbursement to the Mustahiqeen.

3.

That the applicant supplied the forms and list to the respondents No. 1 & 2 of the students residing the Local limits of the Zakat Committee and recommended about grant of stipend to them. But the respondent refused to do so. They sent the list of students of one Dastakar School along-with cheque of Rs.

. They ordered that after encashing

the cheque, the money should be handed over to them. 4.

That the applicant with the help of other members personally visited the spot, made enquiry and found that the list of the

student supplied by the respondents was bogus. Therefore, the applicant did not withdraw amount and handed over to the respondents. 5.

That the respondents with connivance of each other, have committed fraud and dishonestly misappropriated the funds of Zakat & Ushar. Under these circumstances, it is humbly prayed that penal action may very graciously be taken against the respondents. Humble Applicant,

Dated: ___________ (Muhammad Yar) S/o Nusrat Ali, caste Tur Sial, R/o Chak No. 93/10-R, Tehsil & District Khanewal.