Law: Punjab Local Councils (Contract,) Rules, 1981

Section: 199

Law: Constitution of Pakistan, 1973

Section: 2(b)

Law: Punjab Civil Servants Act, 1974 

Section:

(a) Punjab Local Council Servants (Efficiency and Discipline) Rules, 1981-------Constitution of Pakistan (1973), Art. 199---Constitutional petition Pension and gratuity---Withholding of---Inquiry was initiated during his service wherein petitioner was absolved---Petitioner retired on attaining the, age of superanauation and pension was sanctioned to him which he had been getting for previous five years---Pension was subsequently stopped to recover loss---Validity---Inquiry was not concluded during petitioner's stay in service and after five years of his retirement his pension was stopped---Such order was against the spirit of law---Order was set aside and department was directed to release the pension of the petitioner forthwith from the date it was stopped.1995 PLC (C.S.) 817; 1983 PLC (C.S.) 832 and PLD 1973 SC 514 quoted.(b) Civil service-------Retirement---As per Government of the Punjab, Services, General Administration, Information Department Notification No. SO(s) 12-�12/82 dated 17th of September, 1982, civil servants, after retirement, were no longer civil servants and disciplinary proceedings against them stood abated.1994 PLC (C.S.) 454 quoted.(c) Punjab Civil Servants Act (VIII of 1974)-------S. 2(b)---Inquiry---Notice---Notice issued after four, years of retirement is against the spirit of law.Ch. Muhammad Ashraf and M.R. Khalid Malik Addl. A.-G. for Petitioner.Syed Shahid Hussain and Sabtain Ahmad, Suptt., WASA for Respondents.Date of hearing: 26th May, 2004.JUDGMENT Briefly the facts giving rise to the filing of this writ petition are that petitioner had been serving in respondent WASA department and retired from service as Head Draftsman on 14-10-1996 on attaining the age of superannuation vide order dated 10-6-1996. During his stay in service, some tenders were called by the respondent department for Sharifpura Disposal Work, Multan. According to the petitioner, after opening of the tenders these were entered by him in the relevant register and after preparation of comparative statement he forwarded the results to the concerned Executive Engineer. At some later point of time the estimated cost of the- project was enhanced. Regarding…