Mst. KAUSAR KHATOON vs INSPECTOR GENERAL OF POLICE Rr — 2024 PLC(CS) 529 LAHORE-HIGH-COURT-LAHORE

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Mst. KAUSAR KHATOON VS INSPECTOR GENERAL OF POLICE Rr.1.8(a) & 1.8(b)---Constitution of Pakistan, Art.199---Constitutional petition---Pensionary benefits---Inquiry proceedings abating after the demise of government servant---Deceased servant was recruited as Constable in police department and was promoted up-to the rank of ASI---Said servant was dismissed from service in consequence of an inquiry, however, he was reinstated into service by the order of Supreme Court---Later on another inquiry proceedings were initiated against him and he died during said inquiry proceedings before its finalization---Department withheld the pensionary benefit and also recovered some amount from his pension---Validity---Record showed that the other inquiry was initiated against deceased servant on 12.09.2011 who passed away on 27.09.2015 during his service---Inquiry was finalized by the concerned inquiry officer on 25.12.2015 after more than four years of its initiation and about three months after the death of the deceased---Such proceedings were intended to impose departmental penalty and would abate on account of death of a civil servant and such purpose of imposing penalty could only be achieved if the official was in service---Deceased passed away on 27.09.2015 during the pendency of the inquiry proceedings and inquiry was finalized on 25.12.2015 wherein the deceased official was held responsible for embezzlement of amount mentioned therein---Any subsequent action of the inquiry officer in the said proceedings was illegal and not sustainable in the eyes of law---Adverse order was passed against the deceased official when he was no more employee of the respondents---Respondents could not with-held the pensionary benefits of the petitioners under the garb of the inquiry report---Petitioners being widows of the deceased official were entitled to get all the pensionary benefits in respect of their late husband---Constitutional petition was accepted, orders impugned were set aside and respondents were directed to release pension and other remaining benefits of the deceased official in favour of the petitioners as per rules.

Mst. KAUSAR KHATOON vs INSPECTOR GENERAL OF POLICE Rr — 2024 PLC(CS) 529 LAHORE-HIGH-COURT-LAHORE

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