WAPDA through Superintending Engineer (E) vs MUHAMMAD AYUB and another
This matter arises from a petition for leave to appeal against a judgment of the Federal Service Tribunal, which partly allowed the respondents' appeal by setting aside the forfeiture of pay for the suspension period while maintaining the stoppage of one annual increment under the WAPDA Employees (Efficiency and Discipline) Rules, 1978. The core legal question concerns whether the forfeiture of pay or emoluments during a period of suspension is permissible as a punishment under the applicable rules, and the legal nature of subsistence grants, allowances, and amenities admissible to employees under suspension as outlined in official instructions. The Supreme Court granted leave to appeal, holding that the questions involved regarding the nature of suspension benefits and whether their regulation constitutes a punishment are of general public importance requiring detailed examination.
- Does the WAPDA Employees (Efficiency and Discipline) Rules, 1978 permit the forfeiture of pay for a suspension period as a punishment?
- What is the nature of a subsistence grant and allowances allowed to an official during the period of suspension?
- Does the adherence to conditions governing payment and amenities during suspension involve the concept of punishment?
- Rule 4.1(a)(ii) and (iv), WAPDA Employees (Efficiency and Discipline) Rules 1978
ORDER
' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought in these two matters; against the judgment of Federal Service Tribunal; whereby, while partly allowing the respondents' appeal regarding "forfeiture of pay for the period of suspension" maintained the "second part of the punishment" which related to stoppage of one annual increment without future effect. The punishment which has been set aside reads as follows:-- "His balance of pay for the suspension period is forfeited and the intervening period is ordered to be treated as leave without pay (extraordinary leave)."
' Learned Members of the Tribunal were of the view that WAPDA Employees (Efficiency and Discipline) Rules, 1978 did not permit the forfeiture of the pay for the suspension period as a punishment.
' Learned counsel has read Rule 4.1(a)(ii) and (iv) to contend that the past emoluments could be forfeited as a punishment. After some discussion he felt difficulty in substantiating this argument.
However, we find that under the heading 'Payment and amenities admissible to Government servants under suspension' (Serial No,107 page 352 ESTACODE (1983 Edition)--amongst others following are the terms of service of Government servants as well as employees of Government controlled Corporations and autonomous Organizations. The relevant provision reads as follows:-- "Inquiries are being received in this Division in respect of payment of pay, allowances and other amenities to the suspended officers during the period of their suspension. The undersigned is directed to state that a Government servant, as well as an officer/employee of Government controlled Corporation/Autonomous Organisation under suspension is entitled to the following facilities:--
(i) Subsistence grant.--Equal to one-half of the pay of the suspended Government servant as laid down in the Ministry of Finance O.M. No,12(32)-R3/70, dated 14-2-1970.
(ii) Allowances.--Compensatory allowance as specified below if admissible before suspension:--
(a) Senior post allowance.
(b) House rent allowance.
(c) Local compensatory allowance.
(d) Conveyance allowance.
(iii) Residential telephone.--As is laid down in the Cabinet Division's O.M. No,5/1/70 (Cord. 1), dated 5-5-1970, the telephone, if installed officially, shall not be removed from the residence of an officer under suspension. But during the period of his suspension, while the rent for that telephone shall be paid by the Ministry/Division/Department/Organisation concerned (from where the suspended officer may draw his emoluments), payment on account of local and trunk calls shall be made by the officer himself.
(iv) Residence Orderly.--Naib-Quasid where provided will be withdrawn.
(v) Transport.--No official transport will be provided.
2. This issue with the approval of the Finance Division vide its U.O. No,1250-R-13/78, dated 21-12-1978.
3. The above instructions may please be circulated in the Departments/ Corporations/Autonomous Organisations under the administrative control of respective Ministries/Divisions: ' (Authority.--O.M. No,9/80/79-C, II. (A), dated the 28th December, 1978)."
It would require examination; whether, the adherence to and fulfilment of the afore stated conditions would involve concept of punishment in so far as the period under suspension is involved. If not, what is the nature of subsistence grant and/or allowances or other facilities/amenities allowed to the official concerned during the period he remained under suspension. The questions involved are of general public importance. Leave to appeal, accordingly, is granted..
' The appeal shall be prepared on the present record with direction to file all essential documents.