Law:

Section:

Punjab Civil Servants Act (VIII of 1974)-------S. 2(b)---Punjab Civil Servants Pension Rules, 1963, R.1.8(a)(b)---Constitution of Pakistan, Art.199---Constitutional petition---Recovery of amount from employee's pension was ordered after 11 years of his retirement---Person who had retired from service did not fall within the ambit of expression of 'Civil Servant'---Petitioner/employee had no alternate remedy against the impugned order except to invoke the constitutional jurisdiction of High Court in terms of Art.199 of the Constitution---Certificates issued to employee by Authority at the time of his retirement had shown that he was given clean chit---Nothing was on record to show that employee was ever served with any show-cause notice or any charge-sheet relating to any departmental proceedings during his service or after his superannuation---Inquiry report was submitted after 11 years of retirement of the employee---No such inquiry could be conducted against the employee after one year of his superannuation as manifested in proviso of R.1.8(b) of the Punjab Civil Servants Pension Rules, 1963---Disciplinary proceedings against employee, if any, stood abated on his superannuation---Inquiry conducted at the back of a retired government servant without issuance of any charge-sheet before his superannuation could not be termed as valid departmental proceedings---Impugned inquiry held against employee after 11 years of his retirement, was without lawful authority and not sustainable in the eye of law---Letter issued to the employee for recovery of amount from his pension, was declared illegal, violative to the Pension Rules and was set aside. Bilquis Nargis v. Secretary to Government of Punjab, Education Department 1983 PLC (C.S.) 1141 rel. Muhammad Atif Qureshi for Petitioner. Muhammad Iqbal Mahr, A.A.-G. along with Muhammad Nawaz Jaffari, Admn. Officer, Irrigation Department, Bahawalpur for Respondents. ORDER ABDUS SATTAR ASGHAR, J.--- Ehsan-ul-Haq petitioner retired as Sub-Engineer, Bahawalpur Canal Division attaining the age of superannuation on 2-10-1990. On 14-6-2001 after 11 years of his retirement Executive Engineer, Ahmadpur Canal Division Ahmadpur…

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