𝐏𝐞𝐧𝐝𝐢𝐧𝐠 𝐈𝐧𝐪𝐮𝐢𝐫𝐲 𝐀𝐛𝐚𝐭𝐞𝐬 𝐢𝐟 𝐭𝐡𝐞 𝐎𝐟𝐟𝐢𝐜𝐞𝐫 𝐑𝐞𝐭𝐢𝐫𝐞𝐬 𝐝𝐮𝐫𝐢𝐧𝐠 𝐭𝐡𝐞 𝐈𝐧𝐪𝐮𝐢𝐫𝐲 𝐚𝐧𝐝 𝐇𝐞 𝐒𝐡𝐚𝐥𝐥 𝐑𝐞𝐜𝐞𝐢𝐯𝐞 𝐚𝐥𝐥 𝐭𝐡𝐞𝐁𝐚𝐜𝐤 𝐁𝐞𝐧𝐞𝐟𝐢𝐭𝐬: SC

𝐏𝐞𝐧𝐝𝐢𝐧𝐠 𝐈𝐧𝐪𝐮𝐢𝐫𝐲 𝐀𝐛𝐚𝐭𝐞𝐬 𝐢𝐟 𝐭𝐡𝐞 𝐎𝐟𝐟𝐢𝐜𝐞𝐫 𝐑𝐞𝐭𝐢𝐫𝐞𝐬 𝐝𝐮𝐫𝐢𝐧𝐠 𝐭𝐡𝐞 𝐈𝐧𝐪𝐮𝐢𝐫𝐲 𝐚𝐧𝐝 𝐇𝐞 𝐒𝐡𝐚𝐥𝐥 𝐑𝐞𝐜𝐞𝐢𝐯𝐞 𝐚𝐥𝐥 𝐭𝐡𝐞𝐁𝐚𝐜𝐤 𝐁𝐞𝐧𝐞𝐟𝐢𝐭𝐬: SC

The Supreme Court has recently rendered a decision in a service matter wherein the Court has held that if an officer reaches the age of superannuation while an inquiry into his conduct is pending, the inquiry shall abate and the officer shall be entitled to all back benefits, salary and pension etc.

The instant case came before the Court in the background of a retired employee of the postal service, Khyber paktunkhwa who stood retried in the 2015 but an inquiry was conducted after his retirement into his alleged misconduct. He challenged the inquiry order before the Federal Service Tribunal which gave a decision of withholding his two increments for one year period, but he was reinstated with all back benefits. The Department issued a subsequent order stating that as the officer was not acquitted honourably, thus he is not entitled for any benefit including salary for the intervening period which was two years. The same order along with the order of the FST was challenged by the officer before the Supreme Court and the Court referred to Article 417-A of the Civil
Service Regulations (“C.S.R.”)  which is reproduced for ease of reference :

“417-A. If an officer, who has been suspended pending inquiry into his conduct attains the age of superannuation before the completion of the inquiry, the disciplinary proceedings against him shall abate and such officer shall retire with full pensionary benefits and the period of suspension shall be treated as period spent on duty”.

The Court held that the said article also supports the claim of the officer who stood retired when an inquiry was directed to be conducted into his conduct as an officer. The said article benefits an officer who stands retired during the pendency of an inquiry against him. Thus, neither the order of the F.S.T nor that of the Department is tenable in the eye of law, being so, they are set aside.

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