ALI BAQAR NAJAFI, J. - The petitioner was serving as Block Officer in the Forest Department, West Block, Rawalpindi and has retired from service on attaining age of superannuation on 9.10.2010 but he has not been given the pensionary benefits till today on account of disciplinary proceedings initiated against him vide order dated 18.1.2012 whereby a show-cause notice was issued to the petitioner as to why one or more of minor or major punishment including recovery of Government loss' may not be imposed upon him.
2. The learned counsel for the petitioner contends that no show- cause notice or charge-sheet was served upon the petitioner during service or within one year of his retirement relating to any departmental proceedings; that no such inquiry could be conducted against the employee after one year of his superannuation as contemplated in proviso of Rule 1.8(b) of the Punjab Civil Servants Pension Rules, 1963; that the initiation of proceedings and withholding of pensionary benefits of the petitioner is totally illegal.
3. Conversely, the learned A.A.G. Submits that the petitioner has retired from service on 9.10.2010 and his pension case has already been sent to the quarter concerned on 26.10.2011; that as per provisions of Punjab Civil Servants Pension Rules official retired from service can be proceeded against after his retirement, as he was involved in embezzlement of trees during service and caused loss of Rs. 25,54,747/- to the Government exchequer; that the recovery proceedings are underway against him and his service companions. Further submits that disciplinary proceedings were initiated against the petitioner within the limitation period as per Rule 1.8(a)(b)(c).
4. I have heard the learned counsel for the parties and perused the record annexed. With this petition.
5. Admittedly, the petitioner having retired from service on 9.10.2010 is no more member of civil service; therefore, was not amenable to the rules and regulation. Under Article 4 of the Constitution of Islamic Republic of Pakistan, 1973 the public functionaries are required to act strictly in accordance with law. Applicability of Rule 1.8(a)(b)(c) of Punjab Civil Servants Pension Rules is reproduced below :-- 1.8(a) Good conduct is an implied condition of every kind of pension, Government may withhold or withdraw a pension or any part of it if the pensioner be convicted of serious crime or be found to have been guilty of grave misconduct either during or after the completion of his service, provided that before any order to this effect is issued, the pension sanctioning authority shall give full opportunity to the pensioner to vindicate his position.
(b) Government reserves to themselves the right of recovery from the pension of Government pensioner on account of losses found in judicial or 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.
6. The applicability of Rule 1.8 of the said Rules is still being extended to the petitioner. Reliance can be had-to Ehsan-ul-Haque Vs. Executive Engineer, Ahmadpur Canal Division, Ahmadpur East and 2 others (2011 PLC (C.S.) 1523), The Chief Secretary, Government of Sindh, Karachi and another Vs. Umar-ud-Din (2009 PSC 274); Government of Pakistan through the Deputy Attorney General High Court, Karachi and 2 others Vs. Mst. Sarta Bibi and another (2009 PSC 276). The person who has retired from service does not fall within the ambit of expression of "Civil Servant". Therefore, the petitioner has no alternate remedy against the impugned order except to invoke the Constitutional jurisdiction of this Court in terms of Article 199 of the Constitution. There is nothing on record from the respondent's side to show that the petitioner was ever served with any show-cause notice or any charge-sheet relating to any departmental proceedings during his service or after a period of one year of his superannuation. The inquiry proceedings were initiated against the petitioner after a period of one year of his retirement; therefore, the same are illegal and not backed by any provisions of law.
7. In view of what has been, discussed above, this writ petition is allowed and respondent- department is directed to extend benefit of Rule 1.8 of, the Punjab Civil Servants Pension Rules, 1963 and release the pension of the petitioner forthwith.