2001 PLP (C (PLC(CS))

ABDUL MAJID KHANZADA (CHAIRMAN).‑‑‑This appeal was heard and was allowed vide our short order, dated 13‑2‑1999 and these are the reasons for our short order. The brief facts as stated by the appellant are that the appellant was appointed and posted as Resident Engineer of Sindh House, Islamabad b way of promotion. As such he joined the new assignment in the month c October, 1983. He was transferred from Sindh House and relinquished hi charge on 21‑11‑1988. That the appellant was served with a show‑cause notice on 19t September, 1993. The main ‑ allegations of the show‑cause notice are z under:‑‑ "(i) That Mr. Gut Dad Khan, Chowkidar, of Sindh House Rawalpind whose date of birth according to entry in his Service Book is 15‑6‑1927, was due to superannuate on 14‑6‑1987, on attaining the age of 60 years. However, you failed to take notice of his due date of retirement while you were posted as Resident Engineer, Sind House, Rawalpindi. Consequently, the official continued in service till 13‑8‑1990, when he was finally retired by you vide Order No.RE/SHR/EG‑55/1990, dated 12‑8‑1990. (ii) That as a result of your inaction the official continued in service beyond the age of his retirement which consequently put the Government considerable financial loss, in addition to the hardshi to the official concerned, in late decision of his pension. " The show‑cause notice was replied on 10th October, 1993. Respondent No. 1 in the capacity of 'Authorized Officer' considered the reply and imposed the penalty upon the appellant for the recovery of the pay and allowances paid to the Chowkidar Gul Dad Khan from 15‑6‑1.987 to 13‑8‑1990, from the pay of She appellant as pecuniary loss to the Government. Appellant being no satisfied with the above cited impugned order filed departmental appeal before the respondent No.2. which also met with the same fate and was rejected by the respondent No.2 vide order, dated 21st January, 1996. The main contentions of the learned counsel for the appellant are that there are 116 employees of the different categories in the Sindh House Their service record was maintained originally by the Provincial Building Division III, Karachi. He has also pointed out that for the first time record was transferred to Islamabad on 13‑12‑1988 while the appellant relinquishes the charge on 21‑11‑1988. He has also argued that it was the duty of hi successor to relieve the concerned Chowkidar after the record was received by him from Provincial Building Division III, Karachi. Prior to it according to him it was the responsibility of the Executive Engineer, Provincial Building Division III, Karachi, as it is an established rule that at least months prior to the retirement papers are processed for pension etc. He ha further argued that his client in no way can be penalized for the acts o another person viz. his successor officer. According to him either the Executive Engineer Provincial Building No.III, Karachi was responsible as the record was with him upto 12‑12‑1988 and after that the Resident Engineer of the Sindh House was responsible as he received the record on 13‑12‑1988. He has also argued that since Chowkidar Gul Dad Khan had performed his duty beyond his retirement and as such he is paid for the same, but there is no pecuniary loss to the Government as the post of the Chowkidar was not abolished after his retirement. He has also argued that after the amendment in General Clauses Act in section 24‑A reasons is to be recorded while rejecting the appeal but in the instant case appeal has been rejected without assigning any reason as such the order of the Appellate Authority is bad in law and is a void order. Mr. Zaidi, A.A.‑G. for the respondents has mainly argued as per. written statement but when he was asked whether the record was with the Executive Engineer Provincial Building Division III, Karachi up to 12‑12‑1988 his reply was affirmative. He was also asked whether as per pension rules and standing orders Drawing and Disbursing Officer who is incharge of the Service Book and record has to initiate the proceedings of preparing Service Book within 6 months prior to the retirement of a concerned official his reply was affirmative. We have heard arguments of the learned counsel of the appellant as well as A.A.‑G. and have also perused the record. Given under our hands and seal of this Tribunal this 24th day of February, 1999. It is an admitted fact that the Chowkidar Gul Dad Khan retired on 13‑8‑1990 while he was to retire on 16‑4‑1987. It is also an admitted fact that the record was available with the Executive Engineer Provincial Building Division III, Karachi upto 12‑12‑1988 and the same was received in the Sindh House on 13‑12‑1988. The appellant relinquished the charge of the post of Resident Engineer of Sindh House finally on 21‑11‑1988 and joined the post of Technical Officer in the office of the Chief Engineer Highways Sindh at Hyderabad on 22‑11‑1988. As such he cannot be penalized for the act which he has not done. Even otherwise Chowkidar Gul Dad Khan had worked all the time till his relief and the post was neither abolished nor any one was appointed in his place. Therefore, no pecuniary loss to Government is established. Under these circumstances we are fully satisfied that the impugned original and final appellate orders, dated 17th September, 1995 and 21st January, 1996 are not maintainable as they are not on the legal footings. We accordingly set aside the same with no orders as to cost. H.B.T./14/K (Sr. Trib) Appeal allowed.