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2007 PLC (C.S.) 24

KHURSHID AHMAD KHAN vs BAHAUDDIN ZAKRIYA UNIVERSITY, MULTAN

Citation2007 PLC (C.S.) 24
CourtLahore High Court
Case No.Writ Petition No,1899 of 2006
Date2006-09-18
Judge(s)Muhammad Saeed Akhtar
ResultPetition dismissed

ORDER

' MUHAMMAD SAYEED AKHTAR, J.--- The petitioner retired on 31-3-2005 as Registrar of Baha-ud-Din Zakriya University, Multan. He was not paid the pensioner benefits. Learned counsel for the petitioner has placed reliance on para.1.8(b) of the Pension Rules stating that the Government reserves the rights of the recovery from the pension of the Government pensioner on account of losses found in judicial or departmental proceedings to have been caused to the Government and by the negligence or in lieu thereof during his service provided that such departmental proceedings shall not be instituted after more than one year from the date of retirement of the Government servant. Learned counsel urges that even after lapse of more than one year no proceedings have been initiated against the petitioner as such the pensionary benefits may be released. Reliance is placed on 2006 SCM R 600.

2. I have gone through the relevant rules and the parawise comments. It is stated in the parawise comments that a complaint dated 28-2-2005 was filed by one Syed Mehboob Shah through the Governors' Secretariat, which was received in the office on 10th of March, 2005. The allegation against the petitioner is that he defalcated Rs,37 crore. The Vice-Chancellor appointed a Fact- finding Committee and after the approval from the syndicate/competent authority the formal inquiry and charge-sheet against the petitioner has been issued. The complaint against the petitioner was received within one year of his retirement. The authority relied upon by the learned counsel for the petitioner is not applicable to the facts of the instant case. I do not find any substance in this petition, therefore, dismiss the same. However, the respondents are directed to complete the inquiry within six months. With this direction the petition stands disposed of.

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