Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Civil service---Pendency of criminal proceedings against civil servant---Withholding of pension and gratuity---Criminal proceedings were pending against petitioner for the last 10 years and pension and gratuity of petitioner were being withheld on account of pendency of said criminal proceedings; though Departmental proceedings in respect of the same charge were dropped against petitioner---Validity---Law did not contemplate a retired government servant to be deprived of his retirement benefits endlessly---Department had concluded its own proceedings against petitioner. in his favour---Department ought to have brought such finding on the record of the Special Judge Anti-Corruption before whom prosecution was under adjudication for last 10 years---Punjab Civil Servants Pension Rules, 1963 were silent with respect to consequence of a pending third party prosecution of a retired civil servant to receive pensionary dues---Proceedings being pending against civil servant before Judge Anti-Corruption, no direction was issued by the department in that regard--Petitioner, however, would be at liberty to approach High Court after four months, if by such time, Authority, who was so directed, would not co-operate to get criminal case against petitioner concluded in accordance with law. Muhammad Akram Javed for Petitioner. ORDER UMAR ATA BANDIAL, J.--- Learned counsel submits that the criminal prosecution of F.I.R. No.44 of 1996 registered on 13-6-1996 with the DACE, Punjab at Lahore has been pending for the last 10 years…

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