1988 PLP (C (PLC(CS))

IHSANUL HAQ CHAUDHRY, (CHAIRMAN).‑‑The necessary facts for the decision of the appeal are that the appellant joined Finance Department in former Bahawalpur State in the year 1948. Thereafter he was absorbed in the West Pakistan. The appellant ultimately retired on 10th August, 1985 when he was posted at Bahawalnagar. It is alleged by him that his colleagues namely Messrs Ghulam Haider and Ashraf had opened a front against him and appellant duly reported their mischievous activities to the Accountant‑General.

2. The grievance of the appellant now is that he was served a show‑cause notice dated 18‑11‑1985. The appellant submitted reply thereto but that was found unsatisfactory. It is maintained that the appellant was being continuously hunted by his adversaries even after retirement. The appellant appeared before the Secretary, Finance Department on 3rd of April, 1986 and tried his utmost to convince him of the illegal and malicious treatment meted out to him. The Department had no jurisdiction to proceed against him but still the Respondent No.l imposed minor penalty of 'Censure'. The order of the Respondent No‑1 is dated 27th of July, 1986.

3. The appellant feeling aggrieved by this order decided to invoke the jurisdiction of this Tribunal through present appeal under section 4 of the Punjab Service Tribunals Act. The appeal came up for preliminary hearing on 20‑9‑1986. Thereafter the report was sent for from the respondent. The respondent failed to justify the action. Thereafter the appeal was admitted to the regular hearing on 16‑12‑1987. The respondents failed to submit the written objections in spite of the opportunities granted to them, therefore, they were proceeded ex parte.

4. We have heard the learned counsel for the appellant and gone through the record. The brief submission of the learned counsel in support of the appeal was that after retirement a Civil Servant cannot be proceeded under E&D Rules, 1975. On the other hand respondents have taken up the plea that the Government is fully competent to initiate proceedings against retired civil servant within one year of his retirement. In this behalf the reliance has been placed on Rule 1.8 of the Pension Rules. The same reads as under:‑ "1.8 (a) Good conduct is an implied condition of every kind of pension. Government ma with‑hold or withdraw a ‑‑pension or an art o it, ' the pensioner be convicted o serious crime or a 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 procedure regarding imposition of the penalty of removal from service shall be followed. (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 cause 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. (c) In case the amount of pension granted to a Government servant be afterwards found to be in excess of that to which he is entitled under the rules, he shall be called upon to refund such excess."

5. We have considered the arguments of the learned counsel in the light of the provisions of the law, rules and record. We find that a civil servant on the eve of retirement ceases to be civil servant for the purpose of E&D Rules, 1975.

6. We are fortified in our views by the definition of the civil servant as contained in section 2(b) of the Punjab Civil Servants Act 1974 which reads as under: ‑ 2-- (b) "Civil Servant" means a person who is a member of a civil service of the Province or who holds a civil post in connection with the affairs of the Province."

7. The legislature seems to have intentionally enacted this definition. This view is further supported by Rule 1.9 of the Pension Rules. The rule is exhaustive because in this rule not only the grounds of action have been enumerated but the penalties liable be imposed have also been enlisted. However, the procedure regarding imposition of penalty of removal is to be observed in the proceedings under this rule. The very word 'Retire' signifies that one has given position or the status. The word has been assigned following up the meanings in the Black's Law Dictionary and Ferozsons Dictionary:‑‑ LAW DICTIONARY: Retire . To terminate employment or service upon reaching retirement age. FEROZSONS DICTIONARY 'Retire Withdraw, retreat."

8. We are of the considered opinion that Civil Servant after his; retirement is not amenable to disciplinary proceedings under the E&D Rules. He can only be proceeded in terms of Rule 1.8 of the Pension Rules. Therefore, we have no hesitation to declare the action of the C Respondent as illegal and without jurisdiction.

9. The result is that we accept this appeal with costs and set aside the order dated 27‑7‑1986. A.A./173/ Sr.P Appeal accepted.