Law:

Section:

Punjab Civil Services Pensions Rules, 1963-- ----R. 1.8--Shortage of stock--Direction to start proceedings against during whose tenure such shortage was detected--Penalty of compulsory retirement from service and recovery--Recovery from pensionary benefits--Applicability of Rule 1.8--Jurisdiction of tribunal--Validity--Appellant was not responsible for alleged shortage thereby appellant was reinstated in service--Not applicable in case of appellant because during service of appellant no misconduct was proved or established as he was exonerated from charge of shortage of wheat as is evident from orders whereby departmental appellate authority accepted appeal of appellant against penalties on allegation and he was reinstated in service. Punjab Civil Services Pensions Rules, 1963-- ----R. 1.8 & Scope of--Grave misconduct--Spirit and essence of Rule 1.8 is that there would be conviction of serious crime and or be found to have been guilty of grave misconduct either during or after completion of his service--No such findings was in field against civil servant, therefore, it is found food department erred in law while invoking jurisdiction. Punjab Civil Services Pensions Rules, 1963-- ----R. 18--Proviso--Date of retirement--Such departmental proceedings shall not be instituted after more than a year from date of retirement of a civil servant/pensioner--Proviso creates a new circumstance for applicability of Rule 1.8 i.e. that it should be initiated within one year from date of retirement. THIS JUDGMENT DELIVERED BY: JAWAD-UL-HASSAN, MEMBER-I:---.--- The appellant has invoked the jurisdiction of the Tribunal seeking the following relief: "In view of the circumstance expounded above, it is therefore, most respectfully prayed that the same order be declared being violative of Articles, 4, 13 and 14 of the Constitution of the Islamic Republic of Pakistan, 1973 hence not sustainable under the law in the interest of safe administration of justice. It is further prayed that the instant appeal may very graciously be accepted and the impugned order dated 20.12.2012 passed by the Respondent No. 2 and order dated 21.6.2010 passed by the Respondent No. 3 respectively be set…

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