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LHC cancels secy’s notice four years after retirement – Journal

 


LAHORE: The High Court of Lahore (LHC) quashed a notice of justification issued by the secretary of the communications and works department to an officer four years after his retirement for pension termination.

Khalid Imran Khan Barki, who retired as chief engineer at BS-20 in 2012, filed a petition challenging the notice of justification sent to him on September 22, 2016 for illegality.

Counsel for the petitioner argued that their client had retired without any stigma, but the respondent gave him notice after the expiration of four years and nine months without mentioning the relevant legal provision and the sub-regulation of Punjab Civil Service Pension Rules, 1963 (Pension Rules). . Rule 1.8 (b) of the Pension Regulations made it clear that the one year limit for instituting ministerial proceedings against the retired official.

Deputy Advocate General Hassan Khalid Ranjha, on behalf of the government, opposed the continuation of the petition, saying the petitioner was prosecuted under Rule 1.8 (a) of the Pension Regulations, which empowered the government to withhold or withdraw a pension or part of it. .

Judge Jawad Hassan, in his verdict delivered a day ago, observes that rule 1.8 (b) empowers the government to order the recovery of the pension pension of all or part of any pecuniary loss caused to the government, if the retiree is found in the department or legal proceedings for gross misconduct or negligence during his service.

However, he notes that the file reveals that the petitioner retired in 2012 and that he received the notice of show cause in 2016 from the respondent.

The judge further observed that during his service, the applicant was neither convicted nor found guilty of misconduct, neither by the government itself, nor by any other body.

He points out that it is a well-established principle of law that under the Punjab’s Employees, Efficiency, Discipline and Accountability Act 2006, legal action against the retired employee can be brought during his service or within one year of retirement.

Therefore, the petitioner cannot be prosecuted after one year of his retirement, Judge Hassan ruled in the verdict allowing the petition and quashed the contested procedure.

Posted in Dawn, November 29, 2020

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