The back drop of this writ petition is that the petitioner while serving Divisional Forest Officer was retired w.e.f .14.4.2Q01 on attaining the age of superannuation.
2. On the petitioner's retirement NOC was issued by the Departmental Authorities, pension papers were prepared and finally the petitioner started drawing pension and according to the petitioner he is drawing the same even today but on 18.12.2007 a show cause notice for the recovery of sum of Rs, 98,382/- was issued. The same was replied. However, through an order dated 1.09.2007, 25% of pension of the petitioner was ordered to be confiscated for making up the loss to the tune of Rs, 98,382/-. Petitioner filed representation but with no result, whereas on 23.3.2008, the District Account Officer, District Jhang wrote a letter to the Manager National Bank of Pakistan, Shahrah-e- Quaid-e-Azam, Chiniot, District Jhang to stop the payment of the pension to the petitioner.
3. Learned counsel submits that through another letter dated 7.5.2008, Accounts Officer of the Office of the Accountant General Punjab, Lahore addressed a letter to the District Account Officer, Jhang, directing to deduct a sum of Rs, 1.05.432/- from the pension of the petitioner, which has caused a serious prejudice, hence this writ petition.
4. Learned counsel for the petitioner submits that according to Rule 1.8 of the Pension Rules the petitioner could have been proceeded against only within one year of his retirement and not later than, whereas the petitioner, who was retired from service w.e.f 14.4.2001, cannot be made subject of impugned penalty.
5. Learned AAG submits that the department's action is a justified one and no exception can be taken to that because due to audit pares it was noticed that the petitioner was guilty, of certain lapses and was liable to recover.
7. Arguments heard. Record perused.
8. It shall be advantageous to reproduce the provisions of Rule 1.8 of the Pension Rules:--
(b) "Government reserves to themselves the right of recovery from pension of Government pensioner on account of losses found in judicial of departmental proceedings to have been caused to Government by the negligence, or fraud of such Government pensioner during his service, provided that such departmental proceedings shall not be instituted after more than a year from the date of retirement of the Government pensioner."
9. Such like controversy was resolved by this Court as well as by the Hon'ble Supreme Court of Pakistan. Reliance can be placed on Province of the Punjab through Secretary, Livestock and Dairy Development Department Punjab, Lahore vs. Syed Munir Hussain Shah (1998 SCMR 1326), Khuda Bakhsh vs. Board of Intermediate and Secondary Education Faisalabad and others (2004 PLC (CS)
824); Chief Secretary, Government of Sindh and another vs. Umar-ud-Din (2007 PLC (CS) 662) and case titled Rana Muhammad Ali us. Food Department (CA-70 of 2006) decided by the Hon'ble Supreme Court of Pakistan on 10.05.2007, wherein it is held that after one year of retirement no order under Rule 1.8 of the Pension Rules can be passed. Resultantly the impugned order is declared illegal and set aside. Writ petition is allowed in the above terms.