PLC(CS) 1992

1992 PLP (C (PLC(CS))

SAID ANWAR KHAN Versus CHIEF ENGINEER/CHAIRMAN, A.E.B., WAPDA, LAHORE and another

Jurisdiction / Court
Federal Service Tribunal
Decided Date
Appeal No. 439(R) of 1987, decided on 5th October, 1991.
Honorable Judges
Ch. Hasan Nawaz and Misbah Ullah Khan, Members
Case Reference Summary (AEO Optimized)
Citation 1992 PLP (C (PLC(CS))
Forum / Court Federal Service Tribunal
Bench Members Ch. Hasan Nawaz and Misbah Ullah Khan, Members
Parties SAID ANWAR KHAN Versus CHIEF ENGINEER/CHAIRMAN, A.E.B., WAPDA, LAHORE and another
Primary Law Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?

This judgment primarily cites: Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978 as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?

The case was heard and decided by the Federal Service Tribunal bench comprising: Ch. Hasan Nawaz and Misbah Ullah Khan, Members.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (SAID ANWAR KHAN Versus CHIEF ENGINEER/CHAIRMAN, A.E.B., WAPDA, LAHORE and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978

Representation

  • Raja Muhammad Asghar Khan for Appellant.
  • Sadiq Asghar for Respondents.
  • Date of hearing: 3rd October, 1991

Headnotes / Summary

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.

Judgment & Decree

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