Case Details

Citation(s)
2010 SLG 3041 2010 SLD 3041 2010 PLC 71
Lahore High Court
Writ Petition No. 16560 of 2009, decided on 23rd October, 2009.
IJAZ-UL-AHSAN, J

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MUHAMMAD ARSHAD KHAN

VS

DIRECTOR-GENERAL AGRICULTURE (WATER MANAGEMENT) PUNJAB, LAHORE and 2 others

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)---   ----Art. 199---Constitutional petition---Civil service---Transfer---Withholding the salary---Petitioner on transfer contacted concerned department to issue relieving certificate so that he could join his next place of posting---In the meantime an inquiry was initiated against petitioner for alleged unauthorized absence from duty---Petitioner had contended that unless such certificate was issued, it would not be possible for Aim to receive his salary---Despite the petitioner had joined new place of working last pay certificate and relieving report was not issued to the petitioner, in consequence the petitioner was not being given his salary---Validity---No lawful reason was available to withhold last pay certificate and relieving report---Inquiry pending against the petitioner was stated to be in limbo, which could not furnish sufficient cause for the department to withhold the salary of the petitioner---Allowing petition, High Court directed the department to issue last pay certificate and relieving report to the petitioner within specified period.    ORDER IJAZ-UL-AHSAN, J.--- Parawise comments have been filed and examined. It appears that the petitioner who is working as senior clerk with the office of Farm Water Management Department, Jhelum was transferred from the said office to the office of respondent No.3 vide order dated 19-2-2009. On being transferred, the petitioner contacted respondent No.2 to issue reliving certificate, so that he could join his next place of posting. It is submitted that unless such certificate was issued, it could not be possible for the petitioner to receive his salary. 2. It is pointed out that in the meantime an inquiry was initiated against the petitioner for alleged unauthorized absence from duty. During Pendency of…
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