2007L2002 (PLP)
KHURSHID AHMAD KHAN Versus BAHAUDDIN ZAKRIYA UNIVERSITY, MULTAN through Vice-Chancellor and 3 others
| Citation | 2007L2002 (PLP) |
| Forum / Court | Lahore High Court |
| Bench Members | Muhammad Sayeed Akhtar, J |
| Parties | KHURSHID AHMAD KHAN Versus BAHAUDDIN ZAKRIYA UNIVERSITY, MULTAN through Vice-Chancellor and 3 others |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2007L2002 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007L2002 (PLP)?
The case was heard and decided by the Lahore High Court bench comprising: Muhammad Sayeed Akhtar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007L2002 (PLP) (KHURSHID AHMAD KHAN Versus BAHAUDDIN ZAKRIYA UNIVERSITY, MULTAN through Vice-Chancellor and 3 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mumtaz Hussain Bazmi for Petitioner.
- Malik Muhammad Tariq Rajwana for Respondents.
Headnotes / Summary
Art. 199
Constitutional petition
Allegation against petitioner was that he defalcated huge amount
Fact Finding Committee was appointed and after approval from competent Authority and formal inquiry, charge-sheet was issued against petitioner
Complaint against petitioner was received within one year of his retirement
In absence of any substance in constitutional petition filed against refusal to grant pensionary benefits, same was dismissed with direction to competent Authority to complete inquiry against petitioner within specified period. 2006 SCMR 600 ref.
Judgment & Decree
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 pensionary 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 SCMR 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. H.B.T./K-65/L Petition dismissed.