NO.FD(SR-IH)3-1099/2021 GOVERNMENT OF SINDH FINANCE DEPARTMENT Karachi, dated the 01" August, 2022 1 ‘The Chief Secretary to Government of Sindh. 2. The Chairman, Planning & Development Department, Sindh, Karachi. 3. All Additional Chief Secretaries to Government of Sindh. 4: —The Senior Member, Board-of Revenue, Sindh. 5, All Administrative Secretaries to Government of Sindh. 6. The Principal Secretary to Chief Minister Sindh. 4 8. 9 The Principal Secretary to Governor, Sindh, Karachi. The Secretary to Provincial Assembly Sindh. All Heads of Attached Departments, Sindh. 10. All Regional Heads of Department, Sindh. 11. All District & Sessions Judges, Sindh. 12. The Registrar, High Court of Sindh, 13. All Commissioners in Sindh. 14. The Registrar, Sindh Services Tribunal, Karachi. 15. The Secretary, Sindh Public Service Commission, Karachi. 16. The Secretary, Provincial Ombudsman Secretariat Sindh, Karachi. SUBJECT: EXTRACT OF HONOURABLE SUPREME COURT OF PAKISTAN IN CIVIL APPEAL NO.561 OF 2020 AND HONOURABLE HIGH COURT OF SINDH JUDGMENT DATED 11.03.2022 IN C.P.NO.D-6863 OF 2019 Lam directed to refer to the subject noted above and to state that the good conduct is inseparable condition for grant of pension or continuance of pension to government servant, If a civil servant is convicted of moral turpitude, serious crime, felony entailing imprisonment for more than six or twelve months, he cannot be granted pension, This has been held by Honorable Supreme Court of Pakistan in its judgment dated 01.06.2021 in Civil Appeal No. 561 of 2020 and Honourable High Court of Sindh in its judgment dated 11.03.2022 in CP No. D-6863 of 2019. The extract of Honourable Supreme Court of Pakistan in in Civil Appeal No. 561 of 202 is reproduced as under:~ 9. This Court in the case of The Government of N.W.F.P. Through the Secretary to the Government of N.W.F.P. Communications and Works Department, Peshawar vs, Mohammad Said Khan and another (PLD 1973 Supreme Court 514), while considering Rule 1.8 of Pakistan Civil Service Pension Rules,1963 which to some extent is similar to Rule 2307 (C.S.R-351) ibid observed as follows:- “On the other hand under clause (a) maintenance of good conduct throughout his life is an inflexible obligation of a pensioner so that if he is found guilty of a serious crime or gross misconduct even after his retirement he is liable to suffer a diminution in the amount of his pension, no matter how long it happens after his retirement.” Contd.P/2Q) This Court thus, has laid down as a law that for being entitled to pension, a civil servant has to have good conduct throughout his life This means that the civil servant has to have and maintain good conduct before entering service, during the period of service and even afier retiring from service, or being paid pension. This Rule is an exception to the general rule which entitles the civil servant to a pension as of right after having rendered satisfactory qualifying service” We . However, the said Rule itself has provided two specific instances where the authority reserves to itself the right of withholding or withdrawing a pension or any part of it, ie, if the pensioner be convicted of a serious crime or be guilty of grave miscondu 15 “vssssssss The respondent has challenged the stoppage of pension to him and the appellants have taken a plea that such stoppage of payment of pension to the respondent is on account of his conviction and sentence in the criminal case. in our view, in such facts and circumstances of the matter, there was no violation of the universal principle of providing opportunity of hearing and no prejudice was caused to the respondent.” 16. “We also find that the Tribunal was not justified in giving meaning to Rule 2307 (C.S.R-351) that it applies only to good conduct of a pensioner after his retirement and to the crime committed by a pensioner after his retirement. This reading of the Tribunal was not only flawed but also run contrary to the interpretation already given by this Court to a similar rule which is cited above.” 17. “We are, therefore, of the opinion that the impugned judgment of the Tribunal suffers from inherent defect and illegality and thus, is set aside. The appeal is allowed with no order as to costs.” The extract of Honourable High Court of Sindh in CP No. D-6863 of 2 of is reproduced as under:~ 8 “ue.me are of the considered view that the Honorable Supreme Court has already settled this proposition of law in the case of Superintendent Engineer GEPCO Sialkot V/S Muhammad Yusuf vide order dated 23.11.2006 passed in Civit Petition No. 1097-1 of 2004 and in Ghulam Hussain V/S Chairman POF Board, Wah Cantt. and another, 2002 SCMR 1691... ea 10. “4 plain reading of clause (a) of the above cited rule would, however, make it absolutely clear that it is a self-contained and independent provision designed to cover two entirely different situations. Under clause (a) maintenance of “good conduct” is made an inseparable condition for the grant or continuance of pension to a government servant and the government reserves to itself plenary power to withhold or withdraw a pension or any part thereof if the pensioner is convicted for serious crime or found guilty of grave misconduct whether during or after completion of _ his service... Canta BIT6) 12. “It is also established law that when the competent Court of Jaw convicts a civil servant and if his conviction is maintained in appeal, then there is clear bar under Section 15 of the Sindh Civil ‘Servants Act, 1973, to retain him in service. In this regard, Rule 8 of the Sindh Civil Servants (Efficiency & Discipline) Rules, 1973, is clear, which articulates that upon conviction by a Court and sentence to imprisonment or fine on charge(s) involving moral turpitude, in such case the competent authority shall be legally obliged to dismiss the person from service if he is on duty.” 16. “In the light of Section 15 of the Sindh Civil Servants Act, 1973 and Rule 8 of Efficiency & Discipline Rules, 1973, the petitioner . is not entitled to the pensionary benefits as he was / is not qualified to retain the aforesaid post in public office due to his conviction in the criminal cases.” I7. “In the light of above facts and circumstances of the case as well as law referred to above, the instant petition is found to be devoid of merits and is accordingly dismissed along with the | listed application(s) with no order as to costs.” This is for your information and further necessary action, 19-4 IL AHMED SARAZ) (DEPUTY SECRETARY (SR) for Secretary to Government of Sindh FD(SR-ILL)3-1099/2021 Karachi, dated the 01" August, 2022 A copy is forwarded for information & necessary action to: - 1. The Accountant General Sindh, Karachi 2. The Director General, Audit, Sindh, Karachi 3. The Manager, State Bank of Pakistan, Ll. Chundrigar Road, Karachi. 4. The Director, Information, Government of Sindh, Karachi. \5C.L0., Finance Department, Govt. of Sindh, Karachi (upload on website). 6. All Officers in Finance Department, Government of Sindh, Karachi 7. The Director, Accounts (Inspection), Finance Department. 8. The Director, Local Fund Audit, Sindh, Karachi. 9. The District Accounts Officers in Sindh (All), 10. The Treasury Officer, Karachi. 1. R.O to Finance Secretary, Govt. of Sindh, Karachi. Ge 3 (IFTIKHAR ALAM BABLANI) SECTION OFFICER (SR-II1) for Secretary to Government of Sindh