Mohamed Niswer Ismail vs Engineer Y. Abdul Majeed – SC FR APPLICATION NO. 389/2015-2016

Brief
In the case between Mohamed Niswer Ismail (petitioner, a retired Irrigation Engineer) and officers of the Irrigation Department, the Ministry of Irrigation and Water Management, the Public Service Commission, and the Attorney General (respondents), the court addressed the legality of the withholding of pension benefits upon the petitioner’s retirement. It was determined that the pension was withheld in contravention of Section 12 of the Minutes on Pensions and the mandatory requirements set out in Public Administration Circular 29/90. The findings established that no proper disciplinary proceedings were instituted prior to or at the time of retirement, and critical procedural safeguards—including timely issuance of a charge sheet—were ignored. As a result, it was concluded that the a