Law:

Section:

(a) Punjab Civil Servants Act (VIII of 1974)-------S.2(b)---Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, Rr. 4 & 5--- Pension Rules, 1963, R. 1.8---Disciplinary proceedings against retired civil servant--- Civil servant on the eve of his retirement would cease to be a civil servant for the purpose of Punjab Civil Servants (Efficiency and Discipline) Rues, 1975 and was not amenable to disciplinary proceedings after his retirement---Such civil servant could only be proceeded in terms of R.1.8 of the Pension Rules, 1963. (b) Pension Rules, 1963--- ----R. 1.9---Imposition of penalty---Rule 1.9 of Pension Rules, 1963 was exhaustive because in the said rule not only the grounds of action had been enumerated, but the penalties liable to be imposed had also been enlisted--­Procedure regarding imposition of penalty of removal was to be observed in the proceedings under that rule. (c) Words and phrases--- ----"Retire"---Connotation---Word "retire" means to terminate employment or service upon reaching retirement age. (d) Punjab Civil Servants Act (VIII of 1974)--- ----S.18---Punjab Service Tribunals Act (IX of 1974), S.2(b)---Pension--­Pension was part and parcel of terms and conditions of service---Civil servant was well within his right to agitate matter of pension before the Service Tribunal. Hassan Bakhsh Khan's case 1983 PLC (C.S.) 795; Samee-ur-Rehman's case 1983 PLC (C.S.) 832; Muhammad Ramzan's case 1983 PLC (C.S.) 956; Muhammad Sharif's case 1985 PLC (C.S.) 907; Brig. Imtiaz's case 1994 SCMR 2142; M. Abdul Latif's case 1981 SCMR 1101 and Muhammad Ramzan's case 1998 PCr.LJ 828 ref. (e) Criminal Procedure Code (V of 1898)-- ----S.154---Constitution of Pakistan (1973), Art. 199---Quashing of F.I.R.--­Jurisdiction of High Court---High Court had no jurisdiction to quash F.I.R. Khawaja Nazir Ahmad's case AIR 1945 PC 18 and Shehnaz Begum's case PLD 1971 SC 677 ref. (f) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ----Rr. 4 & 5---Constitution of Pakistan (1973), Arts. 13 & 199---Protection against double punishment---Constitutional petition---Petitioner had contended that he having been exonerated earlier, Authority could…

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