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Case No. 405/327 of 1983, decided on 12th January, 1984.

‑‑ R. 1(2)‑Punjab Pension Rules, r. 1.8‑Retired civil servant -Departmental proceedings under Punjab Civil Servants (Efficiency and Discipline) Rules. 1975‑Held, proceedings can only be initiated under r. 1.8 of Punjab Pension Rules.

Ch. Mushtag Masood for Appellant.

A. G. Humayun, District Attorney for the Respondents.

‑Syed Nasir Ali Shah (Retd.) Headmaster has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Secretary to Government of the Punjab, Education Department, Lahore, the Director of Public Instructions, Punjab, Lahore and Mr. Iqbal Ahmad Khan Lodhi, O. S. D. (Enquiries), S. G. A. & I. Department, Lahore as respondents.

2. By virtue of this appeal he has prayed that the enquiry proceedings so pending against him under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, may be set aside as the same cannot be conducted under the law.

3. Brief facts of the case are that the appellant was the Headmaster, Government Hatim High School, Lahore, working in the Education Department and retired on 28th August, 1982. However, after his retire ment the proceedings under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 have been taken up against him on account of alleged embezzlement etc. An enquiry was being conducted against him but before the completion of the enquiry, the appellant has approached this Tribunal that as he has been retired from service, no action can be taken against him under the Efficiency and Discipline, Rules.

4. We have heard the learned counsel for the appellant as well as the learned District Attorney assisted by the representative of the Department. We have perused the comments so submitted by the Department/ respondents in which it has been submitted that the correct position of the case would be that he could be proceeded under the rule 1.8 of the Pension Rules and not under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 as there are not applicable in his case being a retired Civil Servants.

5. In view of the above circumstances, we accept the appeal, set aside the proceedings so taken against hits under the Punjab Civil Servants (Efficiency and Discipline) Rules 1975, which the direction that the Department can proceed under the Pension Rules if they desired so. There will be no order as to costs.

M. M. Y. Appeal accepted.

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