SAFDAR IQBAL CHAUDHRY vs CHIEF OPERATING OFFICER, TECHNICAL EDUCATION AND VOCATION TRAINING AUTHORITY (TEVTA)

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SAFDAR IQBAL CHAUDHRY VS CHIEF OPERATING OFFICER, TECHNICAL EDUCATION AND VOCATION TRAINING AUTHORITY (TEVTA) F.R. 54-a---Departmental proceedings---Retirement from government service---Effect---Departmental proceedings, pending against government service, stand abated under R. 54-a of Fundamental Rules, in the event of his retirement from government service. Citation Name: 2024 PLC(CS) 661 LAHORE-HIGH-COURT-LAHORE SAFDAR IQBAL CHAUDHRY VS CHIEF OPERATING OFFICER, TECHNICAL EDUCATION AND VOCATION TRAINING AUTHORITY (TEVTA) art. 199---Constitutional petition---Maintainability---Civil service---Service matter---Principle---When no final order has been passed against a petitioner and he cannot approach Service Tribunal, such petitioner becomes remediless and his only option is to approach High Court. Citation Name: 2024 PLC(CS) 661 LAHORE-HIGH-COURT-LAHORE SAFDAR IQBAL CHAUDHRY VS CHIEF OPERATING OFFICER, TECHNICAL EDUCATION AND VOCATION TRAINING AUTHORITY (TEVTA) art. 199---Constitutional petition---Maintainability---Show cause notice---Principle---In routine, Constitutional petition against issuance of show cause notice is not maintainable, however, where show cause notice has been issued in violation of law on the subject, the same can be challenged in constitutional petition. Citation Name: 2024 PLC(CS) 661 LAHORE-HIGH-COURT-LAHORE SAFDAR IQBAL CHAUDHRY VS CHIEF OPERATING OFFICER, TECHNICAL EDUCATION AND VOCATION TRAINING AUTHORITY (TEVTA) R. 1.8 (a)---Pensionary emoluments, withholding of---Inquiry after retirement---Effect---Petitioner / retired government servant was aggrieved of withholding of his pensionary emoluments on the basis of de novo inquiry initiated after his retirement---Validity---Competent Authority can proceed against a retiree if he is found involved in any activity prejudicial to good conduct of a government servant/retiree but not after his retirement---Disciplinary proceedings pending against a government servant abate after retirement and the same cannot be switched over to those under R.1.8(a) of Punjab Civil Services Pension Rules, 1963---Departmental proceedings against serving government servant and those against retiree are governed under distinct laws/rules and they have no overlapping effect on each other---Departmental proceedings pending against petitioner could not be converted into those under R. 1.8(a) of Punjab Civil Services Pension Rules, 1963, during service of petitioner---High Court set aside the notification withholding certain amount of petitioner as it was illegal and conditions envisaged under R. 1.8(a) of Punjab Civil Services Pension Rules, 1963, were not attracted---High Court directed the authorities to release the amount withheld from pensionary emoluments of petitioner---High Court quashed all proceedings initiated by authorities against petitioner---Constitutional petition was allowed accordingly.

SAFDAR IQBAL CHAUDHRY vs CHIEF OPERATING OFFICER, TECHNICAL EDUCATION AND VOCATION TRAINING AUTHORITY (TEVTA) F — 2024 PLC(CS) 661 LAHORE-HIGH-COURT-LAHORE

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