Moazzam Hayat, Member.--Appellant Muhammad Suleman, an Upper Division Clerk in the service of respondents, was proceeded against under the Civil Servants (E&D) Rules, 1973 and was awarded the penalty of dismissal from service vide order dated 27.07.2011. His departmental appeal dated 13.08.2011 was not responded. Hence this appeal.
2. The appellant was earlier retired from service on 13.02.2007 under the Removal from Service (Special Powers) Ordinance, 2000. This penalty was challenged by him in Appeal No, 132(R)CS/2007 which was decided by the Tribunal on 01.04.2010. A direction was issued that the departmental appeal of the appellant be decided. The said appeal was rejected on 06.06.2010. The penalty of the retirement of the appellant dated 13.02.2007 was maintained. The appellant then filed another Appeal No, 971(R)CS/2010 challenging his retirement. It was decided on 07.12.2010. The retirement of the appellant was set aside subject to the condition that the pensionary benefits shall be refunded by him. It transpires from the record that the respondents filed an appeal in the Supreme Court of Pakistan against the judgment of the Tribunal dated 17.12.2010, recorded by Mr. Moazzam Hayat, Member. The Civil Petition No, 263/2011 filed by Chairman, PAC Board, Kamra was dismissed. The Apex Court was also pleased to award cost of Rs,10,000/- to the appellant.
3. The learned counsel for the appellant has submitted that the respondents had taken offence of the cost imposed upon them by the Apex Court, therefore, on the pretext of non-refunding of the pensionary benefits they had awarded the appellant the penalty of dismissal from service on 27.07.2011, subject matter of the present appeal.
4. The appeal is resisted by the respondents. It is stated that that despite show cause notices dated 01.07.2011 and 18.07.2011, the appellant had not refunded the pensionary benefits received by him, therefore, there was no alternative but to dismiss him from service. Thus the contention of the respondents is that the appellant was dismissed from service strictly in accordance with law.
5. We have heard the learned counsel for the appellant and departmental representative of respondents. The record has also been perused by us.
6. Earlier the appellant had been retired from service. His retirement order was set aside by the FST.
The judgment of the FST was upheld by the Supreme Court of Pakistan and the respondents herein were directed to pay costs of Rs,10,000/- to the appellant. The contention of the appellant is that to date. This amount has not been paid to him. The appeal of the appellant is thus liable to succeed for this very reason.
7. For non-refunding of pensionary benefits the appellant could not be dismissed form service. He was required to make refund under Civil Service Regulation (CSR) 512. We also agree with the learned counsel for the appellant that the respondents should have calculated the total claim of the appellant with regard to payment of dues form the date of his retirement till his reinstatement Only the balance could be recovered from him and that too under the. CSR 512.
8. We accordingly accept the appeal and set aside the penalty of dismissal from service awarded to the appellant vide order dated 27.07.2011. He is reinstated into service. The respondents shall prepare a statement wherein the amount due to the appellant, and the amount due from him shall be mentioned. The amount due from him shall be adjusted from the amount due to him. The remaining amount, if there is any, shall be recovered from him strictly under the CSR 512.
9. There shall be no order as to costs. Parties shall be informed.