Law:

Section:

Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978- --R- 4(i)(a)---Pakistan WAPDA Pension Rules, R. 7---Penalty---Minor penalty---Imposition of---Retired employee---Minor penalty of recovery of pecuniary loss was imposed on civil servant after more than one and half years from his retirement from service---Rule 4(i)(a) of WAPDA Employees (Efficiency and Discipline) Rules, 1978 provided that a minor penalty for recovery could be imposed and recovered only from pay of WAPDA employees---Since civil servant was no longer in receipt of such pay after his retirement, no recovery could legally be effected from him---Even otherwise, according to R.7 of Pakistan WAPDA Pension Rules, all enquiries were to be initiated/finalised within one year of the retirement of WAPDA employees, failing which full pension/gratuity had to be sanctioned in favour of retired WAPDA employees---Imposition of penalty on civil servant after about more than six months from expiry of prescribed period of one year from retirement of civil servant, was in violation of WAPDA's own rules. Syed Anwar Khan v: Chief Engineer/Chairman, WAPDA 1992 PLC (C.S.) 1211 ref. JUDGMENT NOOR MUHAMMAD MAGSI (MEMBER): --The appellant has preferred this appeal to this Tribunal against the order dated 14-1-1995, whereby the minor penalty of recovery of the pecuniary loss of the whole amount Rs.61,56037 was imposed upon him. Copy of the punishment order was also endorsed to the Chief Engineer, Hydro Electric Planning Organisation WAPDA, Sunny View, Lahore and General Manager, Finance (Power) WAPDA, WAPDA House, Lahore, to recover the amount of Rs.61,56037 from the proportionately share of WAPDA's pension contribution in respect of appellant at the time of transfer of funds to A.-G. Punjab, as laid down under clause 7(ii)(a), Chapter-1 of WAPDA Pension Rules, 1977 (amended up to July, 1988). 2. The facts of the case are that the appellant who retired as Sub­ Engineer from WAFDA on 20-6-1993, was served with a charge-sheet on the allegation that while posted as Civil Overseer in T/L `C' Sub-Division, Kohat (under T&G Division, Peshawar) a contract for supply and…

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