Before the insertion of Arts 212
& 240 in the constitution of the Islamic Republic of Pakistan 1973,
grievances of the Civil Servants
relating to terms & conditions were dealt with by High Courts through writ
Jurisdiction, but by insertion of Art 212 permitted the appropriate legislature
to establish Administrative Courts or tribunals with exclusive Jurisdiction in
certain matters, while according to Article 240 of the constitution, the terms
and conditions of Civil Servants were to
be determined by an Act of parliament, therefore Service Tribunal Act 1973 was
enacted to deal with the appeals by Civil
Servants against an order made by the departmental authority in respect
of any of the terms and conditions of their Service.
Meaning of Service Tribunal:
A Service Tribunal would refer to
such an adjudicating body which deals with matters relating to the Civil
Service.
Relevant Provision:
Section 3, 3A of the Service
Tribunal Act 1973.
Rules 3 & 4 of Service
Tribunals (Procedure) Rules 1974.
Article 212 & 240 of the
constitution of Pakistan 1973.
Section 3, 3A of the KP Service
Tribunal Act 1974.
Establishment of Service Tribunal:
The
President may by notification in the official Gazette, establish one or more
Service Tribunals. Where the President establishes more than one Service Tribunal,
he shall specify in the notification the territorial Jurisdiction / Limits and
class or classes of Civil Servants in respect of which each such Service
Tribunal shall exercise Jurisdiction.
Composition of Service Tribunal: U/S 3(3)
A Service Tribunal shall consist
of:
v Chairman is a person who is or has
been or is qualified to be a judge of the High Court.
v Such number of members not
exceeding three each of whom shall possess such qualification as may be
prescribed by rules.
Appointment:
The chairman and members of the
Service Tribunal shall be appointed by the president on such terms &
conditions as may be determined.
Resignation from Office:
The chairman or a member of a
Tribunal may resign his office by writing under his hand addressed to the
President.
Exclusive Jurisdiction of Service Tribunal:
A Service Tribunal shall have
exclusive Jurisdiction in respect of matters relating to the terms and
conditions of Civil Servants including disciplinary matters.
·
Benches of Tribunal: U/S 3A
The chairman of the Service
Tribunal shall be empowered to constitute Benches of the tribunal consisting of
not less than two members of the Tribunal.
·
Decision of The Bench on Any Point:
The point shall be decided by the majority
of opinion.
If the members are equally divided
on any point and the chairman is not a member of such bench, then the case
shall be referred to the chairman and the chairman and the decision of the
Tribunal shall be expressed in terms of the opinion of the chairman.
If the chairman is a member of the
Bench and equally divided at any point the opinion of the chairman shall
prevail and the decision of the Bench shall be expressed in terms of the
opinion of the chairman.
Exclusion of Jurisdiction of High Court:
U/A 212 of the constitution of
Pakistan 1973 the Jurisdiction of the High Court to entertain proceedings on
respect of matters exclusively fall under the Jurisdiction of the Service
Tribunal is completely ousted.
Appeal to Service Tribunal
Introduction:
Any person who is aggrieved by an
order passed by the departmental authority in respect of terms & conditions
of Service or disciplinary matters may refer an appeal under section 4 of the
Service Tribunal Act 1973 of the Federal Service Tribunal and such Tribunal has
authority to set aside reverse, modify or upheld surely impugned order.
Relevant Provision:
Section 4 & 5 of Service
Tribunal Act 1973.
Service Tribunal (Procedure) Rules
1974
Section 4 & 5 of Service
Tribunal Act 1974.
Meaning of The Service Tribunal:
A Service Tribunal would refer to
such an adjudicating body which deals with matters relating to the Civil
Services.
Who Can File an Appeal to the Service Tribunal?
Any Civil Servant aggrieved by any
order, whether original or appellate made by a departmental authority in
respect of any of the terms & conditions of his Service may, within 30 days
of the communication of such order to him prefer an appeal to Service Tribunal;
but
.
Appeal to Which Bench:
Where the appeal is against an
order or decision of a departmental authority imposing a departmental
punishment or penalty on a civil servant, the appeal shall be preferred—
(a) in the case of a penalty of
dismissal from service, removal from service, compulsory retirement, or reduction
to a lower post or time-scale or to a lower stage in a time-scale, to a
Tribunal referred to in sub-section (3) of section 3; and
(b) in any other case, to a
Tribunal referred to in sub-section (7) of that section.
Bar as To Right of Appeal: U/S – 4 Provision
No appeal preferred U/S 4 of the Service Tribunal shall
be maintainable/competent if comes under any of the following bars/limitations
which are as under.
·
Where an Appeal, Review, Or Representative to
A Departmental Authority Is Provided from The Impugned Order Passed.
·
Where the Civil Servants Act 1973 or any
rules provides an appeal, review, or representation to a departmental authority
from the impugned order, no appeal to the service tribunal shall lie
maintainable unless the aggrieved Civil Servant has firstly preferred an
appeal, review, or representation to such departmental authority and a period
of ninety (90) days has elapsed.
No Appeal Against the Order of Authority Determining
Fitness:
No appeal shall lie against the
order of the departmental authority determining the fitness of a Civil Servant
to appoint to or hold a particular post, to be promoted to a higher grade.
However, the aggrieved person may challenge the same by invoking the Continual
Jurisdiction U/A 199 of the Constitution 1973.
Order Passed by Departmental Authority Before The 1st
July 1969:
No appeal shall lie against any
order passed by any departmental authority before the 1st day of
July 1969.
Powers of Tribunals: U/S 5
For any Civil Servant who has
preferred an appeal before the Service Tribunal being aggrieved by an order
passed by a departmental authority, the Service Tribunal has the following
powers while hearing such appeal.
Power to Confirm Set Aside etc. The Order Appealed
Against:
The Service Tribunal has the power
to confirm, set aside very or modify the order appealed against.
Power of Civil Court:
A tribunal to decide appeal shall
have the power of a Civil court and the Code of Civil Procedure 1908 shall apply
to such tribunal.
·
Power to Enforce the Attendance of Any
Person:
The tribunal has the power to
enforce the attendance of any persons whose attendance is required by the
tribunal.
·
Power to Compel the Production of Documents:
The tribunal may compel the production
of any document of the person in whose possession such document is.
·
Power to Issue Commission:
The tribunal has the power to
issue a commission for the examination of witnesses and documents.
Period of Limitation for Filling an Appeal to Service
Tribunal:
The period of the limitation for filing
an appeal is 30 days.
In the
following cases;
where the impugned order passed by
departmental authority is communicated to him and there is no right of appeal,
review, or representation to the departmental authority, under the law; then a period
of limitation would be 30 days from the date of communication of impugned
order.
Where departmental remedy is
available in the shape of appeal, review, or representation to departmental
authority against the impugned order and the aggrieved Civil Servant has preferred a departmental appeal,
or filed review or representation against the impugned order no appeal shall
lie to the service tribunal under section 4 of the service tribunal act 1973
unless a period of ninety (90) days has elapsed from the date on which such
appeal, review or representation is preferred or decided which one is earlier.
Appeal Against Decision of Service Tribunal:
An appeal against the decision of the service tribunal lies to the Supreme Court of Pakistan under Article 212(3) of the Constitution of Pakistan 1973.
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