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THE CIVIL SERVANTS (APPEAL) RULES, 1977

THE CIVIL SERVANTS (APPEAL) RULES, 1977

THE CIVIL SERVANTS (APPEAL) RULES, 1977 The Civil Servants (Appeal) Rules, 1977, are a significant set of regulations in Pakistan that govern the process of appeals filed by civil servants against various administrative decisions and actions. These rules, enacted in 1977, provide a structured framework for the resolution of disputes and grievances within the civil service. In this introduction, we will explore the historical context, objectives, and legal significance of these rules.   In exercise of the powers conferred by section 25 of the Civil Servants Act, 1973 (LXXI of 1973), the President is pleased to make the following rules, namely :- (l) These rules may he called the Civil Servants (Appeal) Rules, 1977. (2)    They shall come into force at once. In these rules, unless there is anything repugnant in the subject or context,’ ‘appellate authority’ means the officer or authority next above the authority ; ‘authority‘ means the authority competent to appoint a civil servant under the rules applicable to him or an authority, [as defined in the Government Servants (Efficiency and Discipline) Rules, 1973] and ‘penalty‘ means a penalty provided for in the Government Servants (Efficiency and Discipline) Rules, 1973. Every civil servant shall be entitled to appeal, to the appellate authority from an order passed by an authority [or an authorized officer] imposing upon him any penalty: Provided that, where the penalty is imposed by an order of the President, the civil servant shall have no right -to appeal but he may apply for review of the order. ( 1) A civil servant shall be entitled to appeal to the appellate authority from an order passed by an authority which- niters to his disadvantage his conditions of service, pay, allowance or pension ; or interprets to his disadvantage the provisions of any rules whereby his conditions of service, pay, allowance or pension are regulated ; or reduces or withholds the maximum pension, including an additional pension, admissible to him under the rules governing pension ; or terminates his employment or gives notice of such termination otherwise than- on his reaching the age of superannuation, or in accordance with the provisions of the Civil Servants Act, 1973(LXXI of 1973): Provided that a person appointed by the President shall have no right to appeal from an order passed by the President, but he may apply for review of the order: Provided further that no appeal or review shall lie on matters relating to the determination of fitness of a person to hold a particular post or to he promoted to a higher post or grade. (2)    A member of an All-Pakistan Unified Grade serving under a Provincial Government may appeal from the order of the Provincial Government to the President. (3)    A civil servant appointed by the President may appeal to the President from an order passed by an authority subordinate to the President. ( 1) Every person preferring an appeal shall do so separately and in his own name. (2)    Every appeal preferred under these rules shall contain all material statements and arguments relied upon by the appellant, shall contain no disrespectful or improper language, and shall be complete in itself. (3)    Every appeal shall he submitted through the Head of the Office to which the appellant belongs or belonged, and through the authority from whose order the appeal is preferred. (4)    Every appeal shall he submitted within a period of thirty days of the communication of the order appealed against. ( 1) In the case of an appeal under rule 3, the appellate authority shall consider- whether the facts on which the order appealed against was based have been established; whether the facts established afford sufficient ground for taking action; and whether the penalty is excessive, adequate, or inadequate, and, after such consideration, shall confirm, set aside or modify the previous order. (2) In the case of an appeal under rule 4 the appellate authority shall pass such order as, having regard to all circumstances of the ease, appears to it Just and equitable. (3) The authority from whose order an appeal is preferred under these rules shall give effect to any order made by the appellate authority. (1) An appeal may be withheld by an authority not lower than the authority from whose order it is preferred if – it is an appeal in a case in which no appeal lies under these rules ; it does not comply with the provisions of sub-rule (1), (2) or (3) or rule 5; or it is not preferred within the time specified in sub-rule (4) of rule 5 and no reasonable cause is shown for the delay ; or it is addressed to authority to which no appeal lies under these rules ; or It is a repetition of a previous appeal and is made to the same appellate authority by which such appeal has been decided, and no new facts or circumstances are adduced which afford grounds for a reconsideration of the case: Provided that in every case in which an appeal is withheld, the appellant shall he informed of the fact and the reasons for it: Provided further that an appeal withheld on account only of failure to comply with the provisions of sub-rule (2) or (3) of rule 5 or clause (d) may he resubmitted within one month of the date on which the appellant is informed of the withholding of the appeal and, if resubmitted in a form which complies with those provisions or is addressed to the proper appellate authority, as the case may be, shall not be withheld. No appeal shall lie against the withholding of an appeal by an authority competent to do so. (l) Every appeal which is not withheld under these rules shall be forwarded to the appellate authority with an expression of opinion by the authority from whose order the appeal is preferred. (2)    Every appeal by a civil servant serving under a Provincial Government or a local authority, which is

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The Punjab Service Tribunals Act, 1974

The Punjab Service Tribunals Act, 1974

The Punjab Service Tribunals Act, 1974   The Punjab Service Tribunals Act, 1974, is a significant piece of legislation in Pakistan, particularly within the Punjab province, that establishes Service Tribunals to adjudicate on disputes and grievances related to the conditions of service of government employees. This act plays a pivotal role in safeguarding the rights and interests of government servants by providing them with a dedicated forum for the resolution of employment-related issues.   Contents     Preamble   1. Short title, commencement and application   2. Definitions   3. Tribunals   3-A. Constitution of Benches   4. Appeal to Tribunals   5. Power of Tribunals   6.      7.     8. Abatement of suits and other proceedings   9. Applicability of the provisions of the Limitation Act, 1908   10.     11. Rules   12. Repeal of Punjab Ordinance No. V of 1974     FIRST SCHEDULE     SECOND SCHEDULE     THE PUNJAB SERVICE TRIBUNALS ACT, 1974   IX OF 1974 20th June, 1974 An Act to provide for the establishment of [Service] Tribunals to exercise jurisdiction regarding matters relating to the terms and conditions of service in respect of services of the Province of the Punjab. Preamble: Whereas it is expedient to provide for the establishment of [Service] Tribunals to exercise exclusive jurisdiction regarding the matters relating to the terms and conditions of service in respect of the services of the Province of the Punjab and for matters connected therewith or ancillary thereto; It is hereby enacted as follows: Short title, commencement and application: (1) This Act may be called the Punjab [Service] Tribunals Act, 1974. (2) It shall come into force at once. (3) It applies to all civil servants wherever they may be. 2. Definitions: In this Act, unless there is anything repugnant in the subject or context: (a) ‘Chairman means the Chairman of the Tribunal; (b) ‘Civil Servant’ means a person who is or who has been member of a civil service of the Province or who holds or has held a civil post in connection with the affairs of the. Province but does not include:- (i) a person who is or who has been on deputation to the Province from the Federation or any other Province or authority; (ii) a person who is or who has been employed on contact, or on work-charged basis, or who is or has been paid from contingencies; or (iii) a person who is or has been a ‘worker’ or ‘workman’ as defined in the Factories Act, 1934 (XXV of 1934) or the Workmen’s Compensation Act, 1923 (VIII of 1923); (c) ‘Government’ means the Government of the Punjab; (d) ‘Governor’ means the Governor of the Punjab; (e) ‘Member’ means the Member of the Tribunal; (f) ‘Registrar’ means the Registrar of a Tribunal and includes any other person authorised by a Tribunal to perform the functions and duties of the Registrar; and (g) ‘Tribunal’ means a [Service] Tribunal established by this Act, or a Bench thereof. 3. Tribunals; (1) The Governor may, by notification in the official Gazette, establish one or more Service Tribunals, and, where there are established more than one Tribunal, the Governor shall specify in the notification the class or classes of civil servants in respect of whom all the territorial limits within or the class or classes of cases in respect of which each such Tribunal shall exercise jurisdiction under this Act. (2) A Tribunal shall have exclusive jurisdiction in respect of matters relating to the terms and conditions .of service of civil servants, including disciplinary matters. (3) A Tribunal shall consist of- (a) A Chairman, being a person who has been or is qualified to be judge of a High Court; and (b) two members each of whom is a person who possesses such qualifications as may be prescribed by rules. (4) The Chairman and members of a Tribunal shall he appointed by the Governor on such terms; and conditions as he may determine. (5) The Chairman or a member of a Tribunal may resign his office by writing under his hand addressed to the Governor. (6) The Chairman or a member of a Tribunal hall not hold any other office of profit in the service of Pakistan if his remuneration is hereby increased. (7) Notwithstanding anything contained in sub-section (3), sub-section (4), sub-section (5) or sub-section (6), a Tribunal established to exercise jurisdiction in respect of a specified class or classes of cases, may consist of one or more persons in the service of Pakistan to be appointed by the Governor.] 3-A. Constitution (if Benches: (i) Notwithstanding anything contained in Section 3, the Chairman may constitute a Bench consisting of himself or one member only or two Members without the Chairman or the Chairman and a Member and when so constituted a Bench shall be deemed to be a Tribunal. (2) If a Bench is unable to arrive at a unanimous decision in an appeal, the matter shall he placed before the full Tribunal and the decision of the Tribunal shall he expressed in terms of (he opinion of the majority: Provided that if the Chairman or the Member who was not already on the Bench cannot he associated or is unable for any reason to take part in the hearing of the appeal, the decision of the Tribunal shall be expressed in terms of the opinion of the senior member of the Bench. (3) The Chairman may, at any stage of hearing of any appeal, withdraw it from the Tribunal and entrust it to a Bench or may withdraw any appeal pending before a Bench and make it over to another Branch or to the Tribunal]. 4. Appeal to Tribunals: (i) Any civil servant aggrieved by any final order, whether original or appellate, made by a departmental authority in respect of any of the terms and condition of his service may, within thirty days of the communication of such order to him or within six months of

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Dive into The North-West Frontier Province Civil Servants (Appeal) Rules, 1986, key regulations governing the appeal procedures for civil servants in the NWFP, Pakistan. These rules outline the rights and processes for appealing administrative decisions, essential for civil servants, legal practitioners, and those involved in public administration and governance

The North-West Frontier Province Civil Servants (Appeal) Rules, 1986

The North-West Frontier Province Civil Servants (Appeal) Rules, 1986 The North-West Frontier Province Civil Servants (Appeal) Rules, 1986, refer to a set of rules and regulations specific to the province of Khyber Pakhtunkhwa (formerly known as the North-West Frontier Province) in Pakistan. These rules govern the process of appeals related to civil servants’ employment and service matters in that province.       Preamble 1 Short title, commencement and application 2 Definitions 3 Right of appeal 4 Form of memorandum 5 Action by appellate authority 6 Withholding of appeal in certain cases 7 Disposal of appeal 8 Savings 9 Pending appeals 10 Repeal     THE NORTH-WEST FRONTIER PROVINCE CIVIL SERVANTS (APPEAL) RULES, 1986 2nd June, 1986 In exercise of the powers conferred by section 26 of the North-West Frontier Province Civil Servants Act, 1973, (N.W.F.P. Act XVIII of 1973), read with section 22 thereof the Governor of the North-West Frontier Province is pleased to make the following rules, namely:- Short title, commencement and application.-(1) These rules may be called the North-West Frontier Province Civil Servants (Appeal) Rule 1986. (2) They shall come into force at once and shall apply to every person who is a member of the civil service of the Province or is the holder of a civil post in connection with the affairs of the Province and shall also apply to or in relation to a person in temporary employment in the civil service or post in connection with the affairs of the Province. Definitions.– In these rules, unless there is any thing repugnant in the subject or context; (a) ‘appellate authority’ means the officer or authority next above the competent authority; (b) ‘competent authority’ means the authority or authorized officer, as the case may be as defined in the North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973 or the authority competent to appoint a civil servant under the rules applicable/to him; and (c) ‘penalty’ means any of the penalties specified in rule 4 of the North-West Frontier Province Government Servants (Efficiency and Discipline), Rules, 1973. Right of appeal. -(1) A civil servant aggrieved by an order passed or penalty imposed by the competent authority relating to the terms and conditions of his service may, within thirty days from the date of communication of the order to him, prefer an appeal to the appellate authority: Provided that where the order is made by the Government, there shall be no appeal but the civil servant may submit a review petition [Provided further that the appellate or the reviewing authority, as the case may be, may condone the delay in preferring the appeal or the review petition, if it is satisfied that the delay was for the reasons beyond the control of the appellant or that the earlier appeal or review petition was not addressed to the correct authority]. Explanation.– For the purposes of the first proviso, the expression ‘appeal’, where the context so requires, shall mean the ‘review petition’ as well. (2) Where the order of the competent authority affects more than one civil servant, every affected civil servant shall prefer the appeal separately; (3) Where the aggrieved civil servant’ has died, the appeal may be filed, or if already filed by such civil servant before his death, may be pursued, by his legal heir or heirs; provided that the benefit likely to accrue on the acceptance of such appeal is admissible to such legal heir or heirs under any rules for the time being applicable to civil servants. Form of memorandum.-(1) Every memorandum of appeal shall– (a) contain full name and address, official designation and place of posting of the appellant. (b) state in brief the facts leading to the appeal. (c) be accompanied by a certified copy of the order appealed against and copies of all other documents on which the appellant wishes to rely. Explanation.– Where an aggrieved civil servant has died, his legal heir or heirs while filing the appeal or applying for review as the case may be, shall also add documents in support of his or their relationship with the deceased civil servant. (2) The appeal shall be submitted through the head of the office in which the appellant is posted at the time of filing the appeal or in the case of a deceased civil servant where he was last posted before his death. The head of the office shall forward the appeal to the competent authority shall after adding his own comments if any, transmit the appeal to the appellate authority for necessary orders. (3) No appeal shall be entertained if it contains abusive, disrespectful or improper language. Action by appellate authority.– (1) The appellate authority after making such further inquiry or calling for such information or record or giving the appellant an opportunity of being heard as it may consider necessary, shall determine’ (a) Whether the facts on which the order appealed against was based have been established; (b) Whether the facts established afford sufficient ground for taking action ; and (c) Whether the penalty is excessive, adequate or inadequate, and after such determination, shall confirm, set aside or pass such order as it thinks proper, provided that no order increasing the penalty shall be passed without giving the appellant an opportunity of showing cause as to why such penalty should not be increased. (2) The competent authority against whose order an appeal is preferred under these rules shall give effect to any order made by the appellate authority and shall cause the order so passed to be communicated to the appellant without undue delay. Withholding of appeal in certain cases.-(1) An appeal may be withheld by competent authority if- (a) it is an appeal in a case, in which no appeal lies under these rules; or (b) it does not comply with the requirements of rule 4; or (c) it is not preferred within the time limit specified in sub-rule(l) of rule 3 and no reason is given for the delay; or (d) it

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THE SECRETARIAT ALLOWANCE (RESCISSION OF ORDERS, ETC.) ORDINANCE, 2000

THE SECRETARIAT ALLOWANCE (RESCISSION OF ORDERS, ETC.) ORDINANCE, 2000

THE SECRETARIAT ALLOWANCE (RESCISSION OF ORDERS, ETC.) ORDINANCE, 2000 The Secretariat Allowance (Rescission of Orders, etc.) Ordinance, 2000, is a significant piece of legislation in Pakistan that addresses the issue of secretariat allowances within the government sector. This ordinance, enacted in 2000, deals with the rescission and modification of previous orders and regulations related to secretariat allowances. In this introduction, we will explore the historical context, objectives, and legal significance of this ordinance. Short title, extent, and commencement Rescission of certain orders Removals of difficulties   THE SECRETARIAT ALLOWANCE (RESCISSION OF ORDERS, ETC.) ORDINANCE, 2000 ORDINANCE No. XII of 2000 [30th March, 2000] An Ordinance to provide for rescission of certain orders relating to Secretariat Allowance WHEREAS it is expedient to provide for the rescission of certain orders relating to the Secretariat Allowance granted to certain employees of the Federal Government to provide for matters connected therewith and incidental thereto; AND WHEREAS the National Assembly and the Senate stand suspended in pursuance of the Proclamation of Emergency of the fourteenth day of October 1999, and the Provisional Constitution Order No. 1 as amended; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in pursuance of the Proclamation of the fourteenth day of October 1999, and Provisional Constitution Order No. 1 as amended as well as Order No. 9 of 1999, and in the exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:— Short title, extent, and commencement. ___ (1) This Ordinance may be called the Secretariat Allowance (Rescission of Orders, etc.) Ordinance, 2000. (2) It shall come into force at once. Rescission of certain orders. ___ (1) The orders, office memorandums, instructions, and other instruments whereby the Secretariat Allowance was granted to certain Federal Government Employees in the Federal Secretariat, President’s Secretariat, Prime Minister’s Secretariat, National Assembly Secretariat, the Senate Secretariat, and other organizations of the Federal Government and the orders, office memorandums, instructions, and other instruments amending the aforesaid orders office memorandums, instructions, and other instruments, hereinafter referred to as the orders, converting the Secretariat Allowance into Personal Allowance is hereby rescinded and shall be deemed always to have been so rescinded on the 1st July 1988, and no financial benefit whatsoever, save and except as provided in sub-section (2), shall accrue or be deemed to have accrued or become payable thereunder to the persons employed in the aforesaid Secretariats and other Organisations of the Federal Government notwithstanding any decision of any Court including the High Court and the Supreme Court. (2) Any order made, instruction issued, or decision of any Court including a High Court or the Supreme Court implemented immediately before the commencement of this Ordinance, shall be deemed to have been validly made, issued, and implemented, and the amount of Secretariat Allowance including Personal Allowance already paid thereunder shall be deemed to have been validly paid and shall not be recoverable from the recipients of such allowances. Removals of difficulties. ___ If any difficulty arises in giving effect to the provisions of this Ordinance, the Federal Government may make such order as it may deem just and equitable to provide recompense for the benefit of the Federal Government Servants who were recipients of the Secretariat Allowance or the Personal Allowance. Need more information Our panel of skilled Lawyers in Pakistan specializes in separation cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly. [wpforms id=”6422″]

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