' 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 without conclusion. According to the parawaise comments the pension and gratuity of the petitioner are being withheld on account of the pendency of the aforesaid criminal case although departmental proceedings in respect of the same charge were dropped against the petitioner on 12-10-2004.
2. The law does not contemplate a retired Government servant to be deprived of his retirement benefits endlessly. The department has concluded its own proceedings against the petitioner in his favour. It should bring such findings on the record of the learned Special Judge, Anti-Corruption before whom the prosecution under the aforesaid F.I.R. Is under adjudication for last 10 years. As the Punjab Civil Servants Pension Rules are silent with respect to the consequence of a pending third party prosecution of a retired civil servant on his entitlement to receive pensionary dues and in this case proceedings are pending against him before learned Judge Anti-Corruption, therefore, no direction is presently issued in this regard.
3. However, the petitioner shall be at liberty to approach this Court after four months if by such time the respondent, who is so directed, does not cooperate to get the criminal case against the petitioner concluded in accordance with law. This petition is disposed of.