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Constitution of Pakistan (1973)-----Art. 185(3)--West Pakistan Civil Service Pension Rules, 1963, r.1.8(b)--Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--Petitioner, a retired Headmaster, charged for drawing some un-authorised amounts while in service--Proceedings, taken against him by Department under Efficiency and Discipline Rules, 1975, set aside by Service Tribunal with direction that Department could proceed against him under Pension Rules, 1963--Proceedings taken by Department under Pension Rules, 1963, held, would be in continuation of same action commenced under Efficiency and Discipline Rules, and would not be hit by time bar prescribed in r. 1.8(b) of Pension Rules, 1963--Mere change of provision of law mentioned in two proceedings, would not have effect of changing character of action taken by Government--Since petitioner did not agitate matter after decision of Tribunal that Department could proceed against petitioner under Pension Rules, further proceedings were taken by Government in pursuance of earlier action-­Leave to appeal refused. S. Safdar Hussain Advocate-on-Record, for Petitioner. Nemo for Respondent. Date of hearing: 19th October, 1985. ORDER ZAFFAR HUSSAIN MIRZA, J.--Syed Nasir Ali Shah, petitioner, was in the service of the Government of Punjab and was Headmaster, Government Hatim High School, Kumharpura, Lahore, when on attaining the age of superannuation, he retired from service on 28th August, 1982. 2. On 10th March, 1983, the petitioner was served with a charge-sheet alleging drawing of unauthorised amounts etc. As the proceedings pursuant to the charge-sheet were being held under the Punjab Civil Servants (Efficiency and Discipline) Rules, the petitioner challenged the legality thereof by filing an appeal before the Punjab Service Tribunal, Lahore. This appeal was accepted vide order dated 12th January, 1984, in which the Tribunal held by consent of the parties that the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, were not attracted in the case of the petitioner as he had already retired from Government service and that the proceedings could be taken under the West Pakistan Civil Service Pension…

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