Baluchistan Civil Servants (Appeal) Rules, 1983

Baluchistan Civil Servants (Appeal) Rules, 1983, represent a vital component of administrative justice in the province of Baluchistan, Pakistan. These rules, enacted in 1983, provide a structured framework for the process of appeals filed by civil servants against various administrative decisions and actions. In this introduction, we will delve into the historical context, key objectives, and legal significance of these rules.

In exercise of the powers conferred by section 25 of the Baluchistan Civil Servants Act, 1974 (IX of 1974), the Government of Baluchistan is pleased to make the following rules, namely:-

(1) These rules may be called the Baluchistan Civil Servants (Appeal) Rules, 1983.

(2) They shall come into force at once

In these rules, unless there is anything repugnant in the subject or context:-

(a) ‘appellate authority’ means the officer or authority next to the authority;

(b) ‘authority’ means the authority competent to appoint a civil servant under the rules applicable to him or an authority competent to impose a penalty; and

Every Civil Servant shall be entitled to appeal to the appellate authority from an order passed by an authority imposing upon him any penalty:

Provided that, where the penalty is imposed by an order of the Chief Minister, the Civil Servant shall have no right to appeal but he may apply for review of the order.

A Civil Servant shall be entitled to appeal to the appellate authority from an order passed by an authority which-

(a) alters to his disadvantage his conditions of service, pay allowances or pension; or

(b) interprets to his disadvantage the provisions of any rules whereby his conditions of service, pay, allowances or pension; are regulated; or

(c) reduces or withholds the maximum pension, including an additional pension, admissible to him under the rules governing pensions; or

(d) terminates his employment or gives notice of such termination otherwise than-

(i) on his reaching the age of superannuation, or

(ii) by

the provisions of the Baluchistan Civil Servants Act, 1974 (IX of 1974)

Provided that a person appointed by the Chief Minister shall have no right to appeal from an order passed by the Chief Minister, 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 be promoted to a higher post or grade.

(1) Every person preferring an appeal shall do so separately and in his 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 be submitted through the Head of the Office to which the appellant belongs or belongs.

(4) Every appeal shall be submitted within sixty days of the communication of the order appealed against.

(1) In the case of an appeal under rule 3 the appellate authority shall consider-

(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 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 case, 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:-

(a) it is an appeal in a case in which no appeal lies under these rules; or

(b) it does not comply with the provisions of sub-rule (1), (2), or (3) of rule 5; or

(c) 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

(d) it is addressed to the authority to which no appeal lies under these rules:

Provided that in every case in which an appeal is withheld, the appellant shall be informed of the fact and the reasons for it:

Provided further that an appeal withheld on account of only of failure to comply with the provisions of sub-rule (2) or (3) of rule 5 or clause (d) may be 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.

(2) No appeal shall lie against the withholding of an appeal by an authority competent to do so.

(1) Every appeal that is not withheld under these rules shall be forwarded to the appellate authority with comments by the authority from whose order the appeal is preferred.

(2) A list of appeals withheld under rule, 7, with reasons for withholding them, shall be forwarded quarterly by the withholding authority to the appellate authority.

(3) An appellate authority may call for any appeal admissible under these rules which has been withheld by a subordinate authority and may pass such order thereon as it considers fit.

(1) Nothing in these rules shall operate to deprive any person of any right of appeal that he would have had if these rules had not been made, in respect of any order passed before they came into force.

(2) All appeals pending immediately before the coming into force of these rules shall be deemed to be appeals under these rules.