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Petitioner: MUHAMMAD AFTAB ALI KHAN VS Respondent: PAKISTAN TELECOMMUNICATION COMPANY LIMITEDHonorable Justice QAZI MUAHMMAD HUSSAIN SIDDIQUIIrfanullah G. Ali for Appellant.,Abdul Majeed
2006 P L C (C
2006 P L C (C.S.) 617
[Federal Service Tribunal]
Before Qazi Muhammad Hussain Siddiqui and Rashid Ali Mirza, Members
MUHAMMAD AFTAB ALI KHAN
Versus
PAKISTAN TELECOMMUNICATION COMPANY LIMITED through Chairman and another
Appeal No.258(K)(C.S.) of 2004, decided on 5th April, 2006.
Civil Servants Act (LXXI of 1973)---
----S. 19---Service Tribunals Act (LXX of 1973), S.4---Pension, stopping of---Appeal---Appellant, after his retirement from service under voluntary retirement scheme, was drawing his pension, but same was stopped without any notice to the appellant on allegations that residential quarter allotted to him had been sub-let by him and that certain amount pertaining to rent and utilities was outstanding against him---Validity--Authorities, had a right to recover any amount outstanding against a retired employee, but that could be done only after issuing a show-cause notice to him and giving him opportunity to defend action against him---Pension of appellant could not have been stopped without issuing him any show-cause notice---Impugned order was set aside with direction to release pension of appellant---Authorities could take action against appellant after issuing proper show-cause notice.
2004 SCMR 656 ref.
Irfanullah G. Ali for Appellant.
Abdul Majeed for Respondents along with Departmental Representative Khalid Rasheed.
Abdul Majeed for Respondents.
Date of hearing: 5th April, 2006.
JUDGMENT
QAZI MUAHMMAD HUSSAIN SIDDIQUI (MEMBER).---Advocates for the parties are present. Heard them and perused the record of the case including the written comments filed on behalf of' the Respondents.
2. The Appellant retired from service on 29-2-1998 under voluntary retirement scheme. After his retirement, the appellant had been receiving his pension, but it was stopped w.e.f. April, 2004 by the Respondents, vide order dated 18-2-2004, without any notice to the appellant; hence, the appeal filed by the appellant on 4-12-2004 for setting aside the impugned order and for passing any appropriate order as deemed fit by the Tribunal in the circumstances of the case.
3. The learned counsel for the respondents admits that pension of the appellant had been stopped without any notice to the appellant. The reason for such action was given by the learned counsel that the appellant had not handed over the quarter allotted to him at the time of his retirement and had handed over the possession of the said quarter to one Haji Nawab Khan, to whom the said quarter was sub-let by him. An amount of Rs.30,078 pertaining to rent and utilities had been outstanding against the appellant, which could not be recovered from the said occupant of the quarter; hence, there was no alternative left with the respondents but to stop the pension of the appellant. The learned counsel has stated that no notice could be issued to the appellant, as his address was not known.
4. We have considered the above arguments of both sides. The respondents had right to recover any amount outstanding against a retired employee (i.e. the appellant) from his pension, but that could be done only after issuing a show-cause notice to him and an opportunity given to him to defend the action against him, but there is nothing on record to show that any notice was sent to the appellant on any address., Without show-cause notice to the appellant his pension could not be stopped as has been done by the respondents. Reliance is placed on 2004 SCMR 656. We, therefore, accept the appeal, set aside the impugned order dated 18-2-2004 and direct the respondents to release the pension of the appellant. The respondents shall be at liberty to take action, if any against the appellant for recovery of any amount outstanding against the appellant, after issuing proper show-cause notice to him. Appeal stands disposed of accordingly with no order as to costs.
5. Announced in open Court.
6. Copies of this Judgment be sent to the parties under registered cover and to the relevant quarters as per Rule-21 of the Service Tribunals (Procedure) Rules, 1974.
H.B.T./36/FST Appeal allowed.