ROZI KHAN BARRECH, J.---The instant Constitutional Petition, filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, carries the following prayer clause:- "It is therefore, respectfully prayed that this Honourable Court may be pleased to pass judgment in the following terms: a) to declare that the action of official respondents for withholding and non-payment of pensionary benefits to the petitioner are unjust, without lawful basis and jurisdiction. b) To direct respondents to make payment of pensionary benefit to the petitioner . c) To declare that the action of official respondents for non-payment of pensionary benefit is against the rules and regulation. d) To pass any other appropriate order , which this Honourable Court may deem fit and proper in the circumstances of the case, in the interest of justice."
2. Relevant facts for disposal of the instant petition appears that the petitioner Sher Zaman was performing his duties as Assistant Excise and Taxation Officer (B-16) in the Board of (Excise and Taxation Branch) Directorate of Excise and Taxation and Anti-Narcotics Balochistan, Quetta and retired from the service on 12.4.2018 on account of attaining the age of superannuation. He was refused his pensionary benefits on account of his involvement in a Reference, filed against him by the National Accountability Bureau, Balochistan.
3. We have heard Mr. Muhammad Riaz Ahmed, learned counsel for the petitioner , Mr. Khalil-uz-Zaman Alizai, learned Additional Advocate General and Mr. Jaffar Raza Khan, learned Senior Special Prosecutor , NAB, Balochistan and also perused the available record.
4. The moot question which requires to be answered in the instant petition is whether a civil servant can be deprived of his pensionary benefits merely on the basis of his involvement in a criminal case or pendency of an appeal against his acquittal in this Court. This controversy has already been set at rest by this Court in a Constitutional Petition No. 992 of 2014 while folding that: "At the very outset, it may be stated that we have come across a number of cases, where the civil servants have been deprived of their right of postings, promotions monthly salaries and pensionary benefits on the eve of their retirements due to pendency of enquiries with the ACEQ and NAB authorities etc. The view of Director General, QDA, that the cases of the aforesaid incumbents are to be deferred till such time, the inquiry and the criminal proceedings are finalized, is in our opinion cannot be subscribed, because it is settled law that a person is presumed innocent until found guilty . The civil servant cannot be punished departm entally for alleged crime, which, ultimately , he may not be found guilty of by a competent Court of law after a full-fledge trial."
5. Similarly , the Hon'ble Supreme Court in the case of "Muhammad Ismail Memon : In the matter of , (PLD 2007 Supreme Court 35 ) in Paras Nos. 4 and 7 observed as under: "4. It may be noted that it is not only the case of late Prof. Ghazi and his wife who had died allegedly due to starvation as they had no financial resources to feed themselves but there are a large number of identical case of the retired government officers/officials as well as widows and their children which are being reported from time to time in the media. Predecessors of deceased government servants have to wait for a long period to get cleared their pension papers. It is also an admitted fact all over the country the offices of Accountants General usually raise baseless, frivolous and technical objections for causing delay in finalizing the pension case with ulterior motives, of course, known to them best, However , when this case was taken up, we were informed that in the month of January , 2006, there were several pension cases pending in the office of Accountant General, Sindh, and the majority of them, have been cleared and on the last date of hearing, it was pointed out by Mr, Fateh Muhammad Qureshi, Deputy Accountant General that about 100 cases of pension were still pending for clearance, He was directed to finalize these cases without any further delay . Today , he has made a categorical statements before the Court that all such cases have been cleared Mr, Zuiflqar All Kadri, Accountant General, Sindh, also appeared and stated the following measures have been adopted for disposal of pension and G.P. Fund cases expeditiously in future:-- '
7, It is pathetic condition that Government servants, cuter having served for a considerable long period during which they give their blood and sweat to the department had to die in a miserable condition on account of non- payment of pension/pensionary benefits etc. The responsibility , of course, can be fixed upon the persons who were directly responsible for the same but at the same time we are of the opinion that it is an overall problem mostly in every department where public functionaries failed to play their due role even in accordance with law. Resultantly , good governance is suffering badly . Thus everyone who is responsible in any manner in delaying the case of such retired officers/official or widow or orphan children for the recovery of pension/gr atuity and G.P. Fund has to be penalized. As their such lethargic action is in violation of Articles 9 and 14 of the Constitution of Islamic Republic of Pakistan, 1973. Admittedly , it is against the dignity of a human being that he has to die in miserable condition and for about three years no action has been taken by the concerned quarters in finalizing the pension case and now when the matter came up before the Court, for the first time, they are moving in different directions just to show their efficiency and to clear their position before the Court. Such conduct on their behalf is highly condemnable and cannot be encouraged in any manner ."
6. Likewise, the NAB (Balochistan) has also issued Letter No.2007 / Estb/IW -1/NAB(B)/Quetta/2469 dated 10 October 2007, wherein the following directions were issued:- "1. This Bureau is receiving number of complaints from different Government servants stating that their pension cases are not being processed by their departments. Invariably these Government servants requested for an NOC from NAB (B). National Accountability Bureau position on such issue was clearly stated in above referred letter . It is once again clarified that NAB (B) has not issued any directions/instructions to stop the pension benefits of any such individuals.
2. Foregoing in view, it is requested that necessary instructions may be issued to all the departments on this matter and all pension cases be processed by the respective departments as per rules and regulations."
7. In pursuance of the said clarification, Finance Department, had also issued certain directions, vide Notification dated 26th November 2007, which read as under: "Subject: PENSION CASES OF RETIRING GOVERNMENT EMPLOYEES UNDER INVEST IGATION/INQUIR Y BY NATIONAL ACCOUNT ABILITY BUREAU, BALOCHIST AN.
The undersigned is directed to refer to above cited subject and to state that the NAB (B) has clarified that they have not issued any instructions regarding with-holding pension cases of retiring Government employees against whom investigation/inquiry is under process in NAB (B).
2. Explaining further the position it is intimated that if any such action would be required the concerned Department/offices will be intimated accordingly on case-to-case basis for the purpose. However withholding of such cases may not be attributed to NAB (B), unless otherwise instructed in specific case.
3. It is added that Rule 1.8 of the Baloc histan Civil Servants (Pension) Rules, 1989 clearly envisages that good conduct is an implied condition for every kind of pension and Government grants pension to retired employees as a reward on account of their past meritorious services. Besides under Rule 5.3(2) of the above mentioned pension rules head of department/attached department/office shall certify that character , conduct, and past services of Government Servant are such as to entitle him to the favourable consideration of Government. He shall also record there his own opinion whether the service claimed has been established or not.
4. In view of the above, it is advised that the clarification of NAB (B) be taken into consideration while processing pension cases of employees of Government of Balochistan against whom investigation/inquiries are pending before the Bureau. However , pension sanctioning authority at its own discretion in consideration of nature/gravity and overall departmental conduct of the officer during his entire service either withholds or process such pension cases of employees against whom inquiries are under process."
8. Gratuity and pension are not bounties. An employee earns these benefits by dint of his long, continuous, faithful and unblemished service and it cannot be withheld during the pendency of departmental/criminal proceedings in absence of any provision in the Pension Rules. To receive gratuity and pension is always treated as right to property , which is guaranteed under Article 9 of the Constitution and no person can be deprived of his property save by authority of law .
9. In the instant case, though the petition er was booked in NAB Reference No.06/2015, yet he was, acquitted by a competent Court of law after a full-fledged trial, as such, in this background, there .was no occasion with the respondents to withhold the pensionary benefits of petitioner in presence of clear verdicts of the superior Courts, explanation issued by the NAB authorities as well as the Finance Department, Government of Balochistan. The petition is, accordingly , allowed and the respondents as directed to make payment of the pensionary benefit to the petitioner .
The Registrar is directed to send a copy of this judgment to the Chief Secretary , Govt. of Balochistan with direction to circulate the same among all the administrative Secretaries and the Head of attached Departments as well as to the Accountant General, Balochistan, for information and compliance,