Law:

Section:

(a) Pakistan Civil Service Pension Rules, 1963,r. 1.8-Govern­ment servant-Pension-No longer a bounty but a right-Cannot be reduced arbitrarily-Pension, however, not given as a matter of course and can be reduced if service not thoroughly satisfactory-Such power, however, exercisable only before pension actually sanctioned -­Civil Service Regulations, Art. 470. A person who enters Government service has also Something to look forward after his retirement, to what are called retirement benefits, grant of pension being the most valuable of such benefits. Pension like salary of a civil servant is no longer a bounty but is a right acquired after putting in satisfactory service for the prescribed minimum period. A fortiori, it cannot be reduced or refused arbitrarily except to the extent and in the manner provided in the relevant rules. Conversely full pension admissible under the rules is not to be given as a matter of course unless the service rendered has been duly approved (see Article 470, Civil Service Regulations). It is equally well-settled that if the service has not been thoroughly satisfactory, the authority sanctioning the pension is empowered under the said Article to make such reduction in the amount as it may deem proper. This power is however exercisable only before pension is actually sanctioned. (b) Pakistan Civil Service Pension Rules, 1963, r. 1.8 read with Civil Service Regulations, Art. 351-A - Pension, grant of-Word "misconduct"--Question whether allegations amount to "miscon­duct"-Essentially a question of fact determinable only after examin­ing all relevant facts-Imposing its own by Court for that of inquiry officer inquiring into conduct of officer with regard to admissibility of his claim for pension -Tantamount to frustration of inquiry-Executive responsible for maintenance of proper standards among Government servants and to take appropriate disciplinary action against those whose conduct appeared below required standard ­Such action permissible not only against serving officials but also against those who have retired provided their pensionary claims not yet settled-Whether upon facts official concerned was or was not guilty of "gross…

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