THE
PUNJAB SERVICE TRIBUNALS (Procedure)
RULES, 1975
The Punjab Service Tribunals (Procedure) Rules, 1975, are a set of rules and regulations within the Punjab province of Pakistan that govern the procedures and processes related to the functioning of service tribunals. These rules are designed to ensure the fair and transparent resolution of disputes and grievances of government employees related to their service matters.
In exercise of the powers conferred by Section 11 of the Punjab Service Tribunals Act 1974 (Punjab Act. IX of 1974). the Governor of the Punjab is pleased to make the following rules. namely:-
1. These rules may be called the Punjab Service Tribunals (Procedure) Rules 1975.
2. (1) In these rules unless there is anything repugnant in the subject or context-
(a) ‘Act’ means the Punjab Services Tribunals Act, 1974 (IX of 1974);
(b) ‘Chairman’ means the Chairman of a Tribunal;
(c) ‘Member’ means of a Tribunal and includes the Chairman; and
(d) ‘Registrar* means the Registrar of a Tribunal and includes any other person authorized by the Tribunal to perform the functions of the Registrar under these rules.
(2) Words and expressions used but not denned in these rules shall have the same meaning as are assigned to them in the Act.
3. (1) The permanent seat of a Tribunal shall be at a place which the Government may by notification in the official Gazette appoint.
(2) A Tribunal shall ordinarily hold its sittings as its permanent seat but it may hold its sittings at any other place within its jurisdiction if in its opinion the holding of sittings- at such other place will be convenient to the parties to the proceedings before it.
4. (1) A Tribunal shall ordinarily observe the same hours as are observed by the offices of the Government.
(2) A Tribunal shall observe the holidays notified by the Government.
5. (1) An appeal to a Tribunal may be sent to the Registrar by registered post acknowledgement due or presented to him during office hours either by the appellant personally or through his advocate.
(2) Appeals presented to or received by any Member shall be deemed to be properly presented or received under this rule.
6. Every memorandum of appeal shall-
(a) be legibly, correctly and concisely written type-written or printed;
(b) divided into paragraphs numbered consecutively each paragraph containing as nearly as may be a separate assertion or averment;
(c) contain the full name, official designation and place of posting of each party ;
(d) clearly set out the relief claimed;
(e) be accompanied by-
(i) a copy of the final order, whether original or appellate and any other order of the competent authority in respect of any of the terms and conditions of service of the appellant against which the appeal is preferred; and
(ii) copies of rules, orders and other documents on which the appellant proposes to rely in support of his claim;
(f) be signed or thumb-impressed by the appellant; and
(g) be accompanied by three spare copies of the memorandum of appeal and as many other copies thereof duly signed or thumb impressed by the appellant and accompanied by the documents referred to in clause (e) as there are respondents.
Provided that where a Tribunal is satisfied that it is not possible for an appellant to produce any document referred to in clause (e) it may waive the provision of the clause.
7. In every memorandum of appeal the competent authority against whose orders the appeal is preferred and any other party to the dispute shall be shown as respondents.
8. Where an appeal is presented after the period of limitation prescribed in the Act it shall be accompanied by a petition supported by an affidavit setting forth the cause of delay.
9. No court-fee shall be payable for preferring an appeal to or filing exhibiting or recording any document with a Tribunal.
10. (1) The Registrar shall scrutinize every memorandum of appeal received by him, and shall-
(i) if it is drawn up in accordance with the provisions of rule 6 cause it to be registered in the register of appeals to be maintained in form appended to these rules and shall with the approval of the Chairman fix a date for its preliminary hearing before the Tribunal; and
(ii) if it is not drawn up in accordance with the provisions of rule 6, return it to the appellant for amendment within a time to be specified in an order to be recorded by him on the memorandum of appeal which shall in no case be less than fourteen days pointing out the deficiency.
(2) If the memorandum of appeal is not resubmitted within the period specified under clause (ii) of sub-rule (1) the appeal shall stand dismissed.
11. (1) A Tribunal may after hearing the appellant or his advocate dismiss the appeal in limine.
(2) If the appeal is not dismissed in limine notices of admission of . appeal and of the day fixed for its hearing shall subject to the provisions of sub-rule (3) be served on the appellant the respondents and on such other persons as the Tribunal may deem proper.
(3) The appellant shall within one week of the receipt of the notice of admission of his appeal or within such extended period as may be allowed by the Registrar, deposit with the Registrar-
(a) cash security for costs in the sum of Rs. 100; and
(b) cost of service of notice on the respondents.
(4) If the appellant does not comply with the provisions of sub-rule (3) his appeal may be dismissed by the Tribunal.
12. (1) A notice under sub-rule (2) of rule 11 shall be in such form as may be laid down by a Tribunal and may be served by registered post or in any other manner including publication in one or more daily news-papers, as the Tribunal may direct;
Provided that a notice shall not be issued for publication in a news-paper, until the costs of such publication are deposited by the appellant.
(2) The notice to a respondent shall, except where it is published in a newspaper, be accompanied by a copy of the memorandum of appeal and of the documents appended thereto.
(3) Service of notice in accordance with the provisions of this rule shall be deemed to be due notice and it shall not be necessary to prove that a party has actually received the notice.
13. (1) A respondent on whom a notice of appeal has been served under rule 12 may send his objections to the appeal by registered post acknowledgement due to the Registrar so as to reach him, or deliver the same to the Registrar either personally or through his advocate not later than seven days before the date specified in the notice for hearing of the appeal or within such extended period as may be allowed by the Registrar.
(2) The objection shall be legibly correctly and concisely written typewritten or printed shall be signed by the respondent or by a person authorised by him in that behalf and shall be accompanied by a copy of every document on which the respondent wishes to rely in support of his objections.
(3) The written objections shall be accompanied by four spare copies thereof complete in all respects for use of the members of the Tribunal and the appellant.
(4) In case objections are not received or delivered within the time allowed under sub-rule (1) the respondent may be proceeded against exparte.
14. Questions arising for determination by a Tribunal shall be decided ordinarily upon affidavits and documents proved by affidavits but the Tribunal may direct that such questions as it may consider necessary shall be decided on such other evidence and in such manner as it may deem fit.
15. (1) An application for summoning witnesses before a Tribunal shall be made as soon as possible after the issue of notice of admission of appeal under rule 11 and shall state-
(a) the names designations and addresses of the witnesses to be summoned and
(b) a brief resume of the evidence which each witness is expected to give.
(2) If the Tribunal is of the opinion that the evidence of any witness specified in the list of witnesses given under sub-rule (1) may be of material assistance in the disposal of an appeal before it, it shall direct him to be summoned on a date to be fixed by the Tribunal and direct that the daily allowance and travelling charges of such witness should be deposited by the person calling him within seven days of the date of the order.
(3) The Tribunal may by general or special order prescribe the rates of daily allowance and travelling charges to be paid to witnesses summoned by it.
(4) If a person applying for the summoning of a witness fails to deposit the requisite costs of the witness within the period specified in sub-rule (2) or within such extended period as may be allowed by the Tribunal the application for summoning of witnesses so far as it relates to such witness, shall be deemed to have been rejected.
(5) If the Tribunal is of the opinion that the evidence of any witness is necessary for the disposal of an appeal before it. It may direct him to be summoned.
(6) Where the Tribunal summons a witness under the provisions of sub-rule (5):-
(a) if such witness is a Government servant his travelling and daily allowances if any shall be payable by the Government as required by the provisions of the T.A. Rules applicable to such servant; and
(b) if such witness is a private person, his travelling and daily allowance shall be payable by such party and to such extent as may be determined by the Tribunal.
16. (1) A process for service on a witness of high rank shall be sent in the form of a letter.
(2) Except in urgent cases or as may otherwise be ordered by a Tribunal a summons to a Government servant shall be served through the head of his office.
17. (1) A Daily Cause List shall be prepared under the orders of the Registrar which shall be affixed on the notice board of the Court-room of the Tribunal.
(2) Except as otherwise directed by the Tribunal cases shall be set down in the Cause List in the order of the date of admission.
18. (1) Evidence of a witnesses examined by a Tribunal shall be taken down under the superintendence of a Tribunal ordinarily in the form of a narrative, and shall be signed by the members of the Tribunal and shall form part of the records.
(2) The parties or their advocates may suggest any questions to be put to a witness, and a member may, besides such questions put any other questions to the witness.
(3) A Tribunal may in the interest of justice close the evidence of any party if in its opinion the production or continuation of such evidence would involve . inordinate delay or unnecessary expenses.
(4) The Tribunal may record such remarks as it thinks material respecting the demeanor of any witness while under examination.
19. (1) If, on the date fixed for the hearing of an appeal, or on any other subsequent date to which the hearing may have been adjourned the appellant or his advocate is not present before a Tribunal, the Tribunal may dismiss the appeal or, if it thinks fit, may proceed to hear the other party and decide the appeal.
(2) If on the date fixed for the hearing of an appeal or any subsequent date to which the hearing may have been adjourned, the respondent of any or more of the respondents. In case there are more than one respondents of his or their advocates are not present before the Tribunal, the Tribunal may hear the appeal ex parte against all of any of the respondents who, and whose advocates, are so absent.
(3) Where an appeal has been dismissed under sub-rule (1) or ex parte proceedings have been taken under sub-rule (1) the Tribunal may, on such order as to costs as it may deem fit, restore the appeal or, as the case may be, set aside the ex parte order or allow the defaulting party to rejoin the proceedings.
20. (1) A Tribunal may make such order as to costs of proceedings before it as it may deem tit and such costs shall he paid out of the cash security deposited under clause (a) of sub-rule (3) of rule 11.
(2) If, after deduction of the costs of proceedings under sub-rule (1) any amount deposited under clause (a) of sub-rule (3) of rule 11 remains unutilized, it shall be returned to the appellant.
21. A copy of every order of final adjudication on an appeal shall be furnished by a Tribunal, free of costs, to the competent authority concerned.
22. Clerical or arithmetical mistakes arising in an order of final adjudication from any accidental slip or omission may, at any time, be corrected by a Tribunal either on its own motion or on an application made by any of the parties:
Provided that every such application shall be duly supported by an affidavit.
23. If a Tribunal is unable to arrive at a unanimous decision, its decision shall be expressed in terms of the views of the majority.
24. If any member of a Tribunal is, for any reason, unable to take part in the proceedings of the Tribunal, the other members may hear or continue to hear the appeal but the decision of the Tribunal shall be shown to the absentee member and if such member has any view to express the same may be recorded and the decision of the Tribunal shall be expressed in terms of the view of the majority.
25. A casual vacancy in the office of the Chairman or a member of a Tribunal caused by the absence on leave or otherwise of the Chairman or, as the case may be, a member may be filled by the Governor for a specified period by appointment of a person who is qualified to be the Chairman or, as the case may be, a member of a Tribunal.
26. A Tribunal may issue instructions in regard to supply of copies to and inspections of record by parties to proceedings before it.
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