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Petitioner: SAID ANWAR KHAN VS Respondent: CHIEF ENGINEER/CHAIRMAN, A.E.B., WAPDA, LAHORE
1992 P L C (C
1992 P L C (C.S.) 1211
[Federal Service Tribunal]
Before Ch. Hasan Nawaz and Misbah Ullah Khan, Members
SAID ANWAR KHAN
Versus
CHIEF ENGINEER/CHAIRMAN, A.E.B., WAPDA, LAHORE and another
Appeal No. 439(R) of 1987, decided on 5th October, 1991.
Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978---
----R. 4(1)(a)(iv)---Penalty---Penalty of recovery of amount for alleged, loss of goods was imposed by Authority on civil servant after his retirement from service in a case which was proceeded against him during his service---Civil servant admittedly no longer being in service at time order of penalty and consequent recovery of amount was passed against him, such order of Authority and consequent recovery of amount from civil servant's commuted pension were illegal and void---Recovery of amount could legally be made only from pay of employee and since civil servant no longer remained in receipt of such pay after his retirement, no recovery could legally be effected from his pension under Rules, 1978.
Mr. Muhammad Ehsan v. The Secretary, Corporation of the City of Lahore PLD 1957 (W.P.) Lah.119; Ranga Chari s case AIR 1937 PC 27 and Khan Khaliq Dad Khan's case PLD 1953 Lah.295 ref.
Raja Muhammad Asghar Khan for Appellant.
Sadiq Asghar for Respondents.
Date of hearing: 3rd October, 1991