IJAZ-UL-AHSAN, J.--- Parawise comments have been filed and examined. It appears that the petitioner who is working as senior clerk with the office of Farm Water Management Department, Jhelum was transferred from the said office to the office of respondent No,3 vide order dated 19-2- 2009. On being transferred, the petitioner contacted respondent No,2 to issue reliving certificate, so that he could join his next place of posting. It is submitted that unless such certificate was issued, it could not be possible for the petitioner to receive his salary.
2. It is pointed out that in the meantime an inquiry was initiated against the petitioner for alleged unauthorized absence from duty. During Pendency of the inquiry the Inquiry Officer observed that since the petitioner had been posted out, his jurisdictional competence to continue the inquiry had ceased and the inquiry, if it was required, should be conducted by a new Inquiry Officer, at the place where the petitioner had been posted.
3. The learned counsel for the petitioner submits that despite a report that the petitioner had joined duty in the office of the Deputy District Officer Farm Water Management, Ferozewala District Sheikhupura, the Last Pay Certificate and Reliving Report is not being issued by respondent No,2. In consequence the petitioner is not being given his salary.
4. I have gone through the record with the assistance of learned counsel for the petitioner and the learned Law Officer. From the record as well as the parawise comments filed by the respondents there does not appear to be any lawful reason to withhold Last Pay Certificate and Reliving Report.
The inquiry pending against the petitioner is stated to be in limbo. This does not in my opinion furnish sufficient cause for the department to withhold the salary of the petitioner.
5. In view of the above this petition is allowed, respondent No,2 is directed. To issue,. Last Pay Certificate and. Reliving Report to the petitioner within a period of seven days from today. It is however clarified that nothing stated in this order shall have any effect on the merits of the ongoing inquiry against the petitioner which may continue in accordance with law. Disposed of.