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K.L.R. 2009 Supreme Court 27

The Chief Secretary, Government Of Sindh, Karachi And Another vs Umar-

CitationK.L.R. 2009 Supreme Court 27
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 723-K of 2005
Date2005-10-31
Judge(s)Abdul Hameed Dogar, Sayed Saeed Ashhad
ResultLeave refused

ORDER

ABDUL HAMEED DOGAR, J.- Petitioners seek leave to appeal against the judgment dated 12.8.2005 passed by the learned Sindh Service Tribunal, Karachi in appeal was accepted and the impugned orders dated 2.1.2003 and 16.5.2003 passed by the petitioners were set aside.

2. It is contended by Kazi Khalid Ali, Additional Advocate-General Sindh that respondent is involved in the embezzlement of Rs. 1,10,85,834.80 and that embezzlement according to him took place during 1994 to 1997 while respondent was posted as Additional Deputy Commissioner/Additional District Magistrate, Jacobabad. He referred to show-cause notice dated 5.3.2002 whereby embezzlement has been shown from 1991 to 1995-1996. He also referred to another Notification dated 5.3.2002 wherein it was mentioned that the respondent has retired on attaining the age of superannuation on 29.1.2002.

3. Though heard at length, but the learned Additional Advocate-General appearing on behalf of the petitioners has not been able to point out any irregularity or illegality in impugned judgment.

Admittedly, the case of the petitioners hit by Rule 18 West Pakistan Civil Servants Rule, whereby it is mandatory that departmental proceedings shall not be instituted after more than a year from the date retirement of Government pensioners, In. The instant case, it has been admitted that no such proceedings have yet commenced.

4. Accordingly, finding no merit in the petition the same dismissed and leave to appeal refused.

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