Q # 1: What is delegated legislation?

What principles are adopted

for its judicial control?
1. Introduction
 Administrative law is such portion of law which determines the powers and duties of the
administrative authorities within Federal and Province. Administrative authorities exercise
their powers and provide remedies to aggrieved persons. It makes rules, regulations,
ordinances and by-laws etc. Keep under consideration the root requirements of law, they are
under obligation for administration of justice.

2. Definition of Administrative Law

 Administrative law is such portion of law which deals with the duties, rules, and powers of
government administrative authorities.

3. Sources of Administration Law

Followings are the major sources of administrative law in Pakistan.

1. The Constitution of
2. Legislation Acts and Statutes
3. Delegated Legislation
4. Judicial Decision

4. Purpose of Administrative law

Following are the purposes of administrative law.

1. To protect the interests of public

2. To resolve the disputes of the public
3. To provide justice to the public
4. To make the authorities accountable to the peoples
5. To check abuse of administrative power

5. Reasons for growth of Administrative Law

Following are the reasons of growth of administrative law. Details are as under.

1. Inadequacy of the courts

 All the courts of law are found inadequate to decide and settle the disputes of the people as
early as possible. The process of settlement of dispute was too slow and costly. It is the
reason of growth of administrative law.

2. Inadequacy of the traditional courts

  All the traditional courts of law are found inadequate to decide and settle the disputes of
the people as early as possible. The process of settlement of dispute was too slow and
costly. It is the reason of growth of administrative law.
3. Inadequacy of the legislation
 All the legislative authorities are found inadequate to enact detailed rules and regulations
and mostly these rules are found defective. It is the reason of growth of administrative law.

4. In ability to pass all laws

 All the legislative authorities are found inadequate to enact all kinds of laws for all the
localities of the state due to slower legislation system. It is the reason of growth of
administrative law.

5. Provision of punishment
 Administrative authorities have effective system of provision of punishment and these
authorities do not wait for the parties to come before them. As compare to courts of law,
administrative authorities have speedy and effective system of punishment. It is the reason
of growth of administrative law.

6. Solving disputes
 Our courts of law always determine the rights of the citizens of the state but do not resolve
the disputes and provide the remedy to the citizens as soon as possible it should be. But the
administrative authorities are resolving the disputes and providing speedy remedy to the
citizens. It is the reason of growth of administrative law.

7. Provision of justice
 Administrative authorities have effective system of provision of justice and these authorities
do not stretch the cases of the parties. As compare to courts of law, administrative
authorities have speedy and effective system of administration of justice. It is the reason of
growth of administrative law.

8. Emergency situations
 During the emergencies, the process of legislation is very lengthy because it takes too much
time to acquire the assent of president. But administrative authorities do not take too much
time to take a decision; it is the reason of growth of administrative law.

9. To avoid technicalities
 The administrative law is flexible and always avoids the technicalities, if it is found defective.
But if legislation is found defective, it takes too much time for alteration and modification. It
is the reason of growth of administrative law.

6. Difference between administrative law and constitutional

law
 Following are the differences between administrative and constitutional law.

1. As to power
 Constitutional law does not vest powers to institutions
 Administrative law vests powers to institutions

2. As to operation
 Constitutional law does not operate the institutions effectively
 Administrative law operates the institutions effectively

3. As to scope
 Constitutional law is limited in scope
 Administrative law is wider in scope

4. As to authority
 Constitutional law has supreme authority
 Administrative law has subordinate of constitutional law.

5. As to dealing
 Constitutional law deals with all the three organs of the state
 Administrative law deals with only administrative matters only.

7. Conclusion
 To conclude I can say that administrative law is a portion of law which deals with the
interests of the public and protects the citizens from the abusive use of powers of the
authorities. Keeping in view the importance of the administrative law, there is a check to
control the administrative authorities.
Q # 2: What is delegated legislation? What principles are adopted
for its judicial control?
1. Introduction
 Delegated legislation is a kind of subordinate legislation. Generally, the ‘delegated legislation’
means the law made by the executive authority, under the powers delegated to it by the
Supreme legislative authority. It comes in the form of orders, bye-laws etc. But the term
delegated legislation means the exercise of powers that are delegated to the executive
authority to make rules.

2. Definition of Delegated Legislation

 Delegated legislation is such legislation which is made by executive authority other than
parliament, but with the permission of parliament.

3. Types of delegated legislation

Following are the types of delegated legislation. Details are as under.

1. Regulation
 Regulation is meant a rule of order having the force of law and it is enacted by the executive
authority other than Parliament.

2. Rule
 Rule is meant a particular procedure of law such as court procedures e.g. the High Court
Rules.

3. Ordinance
 Ordinance is meant a law which is made by executive authority and it is applied on a
particular territory, is called ordinance.

4. By-law
 By-law is meant a law which is made by executive authority and it is applied on a particular
locality, is called by-law

4. Reasons for Delegated Legislation

Following are the reasons of delegated legislation. Details are as under.

1. Time factor
  Shortage of time is a major reason of delegated legislation because parliament has to deal
with other matters it has no time to enact social legislation in details. In this situation,
parliaments authorize executive authorities to delegate legislation.

2. Technical matters
 Some matters are so complicated and technical. All the parliamentarians may not know
them and cannot make any useful discussion on it. In this situation, Parliaments authorize
executive authorities to delegate legislation

3. Local Matters
 Some matters are related to a particular locality. Any legislation on these matters needs a
consultation with the people of that particular locality. In this situation, Parliaments
authorize executive authorities to delegate legislation.

4. Emergency
 During the time of emergency quick action is very necessary, but the procedure of
enactment in the Parliament is very slow and it cannot provide fastest solution, in this
situation, Parliaments authorize executive authorities to delegate legislation

5. Limitations on Delegated Legislation

Following are the limitations on delegated legislations.

1. Essential legislative functions

 Parliament does not delegate the legislative authority to executive by which executive can
amend the laws passed by parliament.

2. Future legislative functions

 Parliament does not delegate the legislative authority to executive by which executive can
amend the laws passed in future.

3. Modification
 Parliament does not delegate the legislative authority to executive to modify any important
laws.

4. Cancellation
 Parliament does not delegate the legislative authority to executive to cancel any important
laws.

5. Jurisdiction of courts
 Parliament does not delegate the legislative authority to executive to oust the jurisdiction of
the courts
6. Controls of delegated legislation
Following are the ways to control delegated legislation. Details are as under.

1. Judicial control
 Judicial control of delegated legislation is meant where the court of law determines the
legislations made by the executive authority.

Judicial control can be exercised by following two ways.

a) Unconstitutional delegation
 Under judicial control, the delegated legislation can be challenged in the court of law
as unconstitutional delegation

b) Improper delegation
 Under judicial control, the delegated legislation can be challenged in the court of law
as improper delegation that it was not granted in accordance with the prescribed law

2. Legislative control
 Legislative control of delegated legislation is meant where the Parliament determines the
legislations made by the executive authority.

Judicial control can be exercised by following two ways.

a) Direct General Control

 Under direct general control, the parliament serves notices to executive authority
and passes a resolution to determine the legislation made by the executive authority.

b) Direct Special Control

 Under special control, the parliament exercise his powers vested by the law to
determine the legislation made by the executive authority.

7. Conclusion
 To conclude I can say that the delegated legislation is a source of enactment of laws in the
country and some reasons have been defined in the law for which it is used. It is necessary to
establish a proper check on delegated legislation by judicial control and legislative control to
stop them to abusive use of powers
Q # 3: Please explain in detail the concept of rule of law as
enunciated by Prof. A.V. Dicey? Also critically analyze it with
French perception” Droit Administrate”.
1. Introduction
 Supremacy of the law is known as rule of law. It is a fundamental concept in a constitutional
democratic state. The rule of law makes prosperous and fair societies possible. The rule of
law is a system in which no one is above the law, including government; where laws protect
fundamental rights; and where justice is accessible to all. In the presence of rule of law no
one can make his own law

2. Relevant provision
 Article 4 and 25 of Constitution of Pakistan 1973, deals with the concept of rule of law.

3. Definition of Rule of Law

 Rule of law is meant the supremacy of the law over all the citizens, rulers, and government
and all of these are accountable to law.

4. Importance of Rule of law

 The government and its officials as well as individuals and private bodies are accountable
under the rule of law. Rule of law is the basic principle of the Pakistani Constitution. It
secures the liberty of the citizens of Pakistan. Law is the supreme over all person and all
persons needs to follow it for their convenience

5. Decay’s Explanation of the rule of law

The English jurist decay’s has given an explanation of the concept of the rule of law in his book”
Law of the constitution” published in 1885. He gave following meaning to this concept

1. No arbitrary (Man Maani) punishments

 No man is punishable by law until he breaches the law of the state. All of those persons who
have been accused of an offence should be presented before the court for the trial in legal
manner and no one can be deprived of his life ,liberty and property

2. Equality before law

 Secondly, rule of law indicates that in Pakistan every citizen, rich or poor, high or low is
subject to same law and the same courts of law. Pakistani law does not make any difference
between act of government and citizen. If any public officer does any wrong with an
individual, legal actions would be taken against him according to the existing law of the
state
 3. Judicial decisions
 Finally, rule of law means that the general objects of the constitutions are the result of
judicial decisions which are determining the rights of private persons in particular case
before the courts

6. Criticism on Decay’s explanation

Criticism on decay’s explanation is as under.

1. Crown is not responsible

 Crown is not responsible for the wrong done by his officers. A government official personally
will be responsible for his mistake made in his official capacity

2. Public officers are not responsible

 All the puublic officers are also not responsible for the wrong done by their subordinates
because there are certain privileges have given to public officers

3. Judges are not responsible

 The judges of the courts will not be hold responsible for anything done by them in the
official course of their business

4. Trade unions are not responsible

 Trade unions enjoys of lot of protection in Pakistan and they are not responsible for their
actions

5. Foreign rulers cannot be trialed

 Foreign ruler is not responsible for the wrong done by him in the Pakistan and he caanot be
trialed in any court of Pakistan

6. Diplomatic representatives cannot be trialed

 Diplomatic representatives cannot be trailed by any court in Pakistan for any wrong
committed by them

7. Instances of rule of law

Following are important examples of the rule of law

1. The right of personal freedom

  According to rule of law. People have personal freedom in Pakistan. No one can be arrested
without lawful reasons

2. The right of freedom of decision

 According to rule of law. People of Pakistan have right of freedom of decision or freedom of
speech. Media is independent even everyone can criticize to the government policies

3. The right to public meeting

 Rule of law provides a lot of freedoms, one of them are freedom of meeting. In Pakistan the
people have right of gathering or public meeting or to form a political parties

4. Ministerial responsibility
 Ministerial responsibility is important example of the theory of rule of law. If one minister
do wrong other ministers will be held responsible for his wrong action

8. Objectives of Rule of law

Following are the objectives of rule of law.

1. To make all the persons and organizations accountable to the law

2. To make the Court system is independent and enable to make fair decision
3. To protect all the innocent citizens from arbitrarily arrested, imprisoned
4. To protect all the right of the citizens and their properties

9. Conclusion
 The rule of law played a pivotal role in the administration of justice but currently it has been
quiet modified. There are a several limitations upon rule of law which indicate that the rule
of law is not fully followed in Pakistan today.
Q # 4: The principle of Natural Justice occupies a unique place in
Administrative law? Please elaborate and explain the concept.
1. Introduction
 The word “natural justice” has specific meaning in the law. Natural justice includes two rules,
1st rule which is against the Bias, and the 2nd rule which is in favor of Fair Hearing. Because it
is very necessary to maintain public confidence in the legal system. People who are engaged
in these cases feel that they have had a fair hearing and that there has been no bias.

2. Definition of Natural Justice

 Natural justice is meant to provide fair justice to a party without any bias and without
condemning unheard.

3. When does natural justice apply?

 It applies any time a tribunal, panel or hearing committee make decisions that seriously
affect the rights of the party to a case. All the decisions are ones that significantly affect the
rights of a party to a case and main object of this principle is to provide justice to both the
party.

4. Types of Natural Justice

Following are the two types of Natural justice according to the Latin Terms.

1. Bias
2. Audi Alteram Partem

5. Definition of Bias
 Bias is a Latin term which denotes that where a judge is not free to decide a case in
accordance with law and influences on the case due to his own interests. In this case such
decision shall be considered as suffering from bias.

6. Types of Bias
Following are the types of bias. Details are as under.

1. Personal bias
 Personal bias is such bias where there is a personal relationship between a judge and a
party to a case. Judge may have personal grudge with the party, in this case decision shall
be considered as suffering from personal bias.

 Example
You like red apples and you don’t like green apples. This is a personal bias; there
isn’t anything wrong with green apples, you just don’t like them.
 2. Pecuniary bias
 Pecuniary bias is such bias where a judge has pecuniary interest in the subject matter of
the case. In this case decision shall be considered as suffering from pecuniary bias.

3. Bias as to subject matter

 Bias as to subject matter is such bias where a judge has special interest in the subject
matter of the case such as departmental bias. In this case decision shall be considered as
suffering from departmental bias as to subject matter.

4. preconceived bias (Defined)

 Preconceived bias is such bias where a judge makes the decision without having the full
knowledge of the case. In this case decision shall be considered as suffering from
preconceived bias.

7. Definition of Audi Alteram Partem

 Audi Alteram Partem is a Latin term which denotes that no man should be condemned,
punished, or deprived of property in any judicial proceedings until he has been heard.

8. Elements of Audi Alteram Partem

Following are the elements of Audi Alteram Partem.

1. Notice
 It is a general rule before taken any actions against anyone, it is necessary that he should
be served with notice to show cause and justify himself before the tribunal. Any order
passed by without serving any show cause notice is against the principle of justice.

Conditions of service of notice

Following are the conditions of service of notice.

i. Notice to concerned person

 It is necessary that the notice should be served to concerned person only in a
proper way.

ii. Sufficient time be given

 It is necessary that a sufficient time should be given to the person who has been
served with notice so that he may prepare his case.

iii. Showing cause of action

 It is necessary that the notice is showing the cause of action clearly without any
ambiguity.
 iv. Modes of serving notice
 It is necessary that the notice should be delivered by hand, by post or affix it to the
outer door of the concerned person.

2. Hearing
 It is a general rule before taken any actions against anyone, it is necessary the person
concerned must be given an opportunity of being heard because no one can be
condemned unheard.

Conditions of hearing
Following are the conditions of hearing.

1. Right of provision of evidence

 It is necessary that the authority is under an obligation to give an opportunity to
the concerned person to produce all the evidence in support of his case.

2. Discloser of material
 It is necessary that the authority is under an obligation to disclose all the material
which was produced by concerned person before making any judicial decision.

3. Opportunity of cross-Examination
 It is necessary that the authority is under an obligation to give an opportunity to
the concerned person to cross-examination of the witness before judicial decision.

9. Conclusion
 To conclude I can say that principle of natural justice is helping to prevail justice because this
principle restricts the adjudicator to make any decision on the basis of bias or without
hearing any person. These principles help the people to rely on the judicial system without
any hesitation.
Q # 5: What do you know about judicial review? Please explain in
detail the landmark cases of judicial review? Marbury V Madison
(1803) and McCullochV Maryland (1819).
1) Introduction
 In the administrative law, judicial review is the ability of a court to examine and decide if
a statute or treaty violates the provisions of existing law of the Constitution. It is the power
of the Supreme Court to declare all the unlawful acts of the administrative authorities’
unconstitutional, acts which are in the opinion of the court is contrary to the constitution.

2) Definition of Judicial review

 Judicial review is the power of Supreme Court which is used to determine constitutional
validity of a legislative act, treaty or other law makings of sub-ordinate authorities.

3) Origin of judicial review

The power of judicial review was exercise by the court for the first time in 1803, in the following
case . Leading case of Marbury vs madison 1803.

1. Facts of the case

1) Marbury was appointed as a justice of peace, in the district of Colombia by
President Adam, on the last day of his office, but the commission didn’t be delivered
to him
2) The next president and his secretary Madison refused to deliver the commission of
Marbury
3) Marbury petitioned a writ in Supreme court under the judiciary act of 1798

2. Decision of the case

 It is written by Justice Marshall that Marbury, definitely, had a right to his commission.
But, more importantly, the Judiciary Act of 1789 was unconstitutional. In Marshall's
opinion, Congress could not give powers to the Supreme Court to issue an order granting
Marbury’s commission. Therefore, the Supreme Court could not force Jefferson and
Madison to appoint Marbury, because it did not have the power to do so

3. Brief arguments of chief justice marshal

1. The constitution is the supreme law of the land and the judges are bound to give value
to it
2. When courts are called to give value to a statute passed by congress if it is against the
interest of country ,court must give value to the latter statute
3. The powers of the legislatures are defined and limited therefore, legislature should
not breach their limits because constitution is written
4) Kinds of judicial review
Following are the kinds of judicial review. Details are as under.

1. Specific statutory review

 Under specific statutory review, the Supreme Court deals with specific laws such as
labour law, rent law, property laws etc.

2. General statutory review

 Under general statutory review, the Supreme Court deals with general laws of the land
such suit for damages, declaration, injunctions etc.

3. Non-Statutory review
 Under non-statutory review, the Supreme Court does not deal under the provision of
statute. It only takes judicial review for remedies.

5) Application of judicial review

Following are the application of judicial review

1) Judicial review apply on federal and state law

2) It also apply to constitution of the state
3) It also applies on the treaties made by the federal
4) It also applies on orders issued by the federal and the state of executive authorities

6) Reason for judicial review

Following are the reason for the exercise of powers of judicial review

1) To keep the authorities and the president within the limits of their powers
2) To increase the authority of Federal government
3) To defend the right of the property
4) To defend civil liberties and rights

7) Important cases of judicial review

Following are the important cases of judicial review

1) In McCollum vs. Maryland , the supreme court declared the state law,
unconstitional in which tax was imposed on the circulating notes of the bank
2) In 1952 the supreme court declared unconstitutional another law passed by the
congress, and gave authority to federal government to take over steel mill of the
state
8) Criticism on judicial review
The excessive use of powers of judicial review has raised the criticism on it

1. Supreme court’s sovereignty

 The critics fight that the Supreme Court has expended its authority by using this power
and due to this it has become more powerful in legislation

2. Domination of judiciary
 The power of judicial review of the supreme court to invalidate any law passed by the
congress , indirectly is the rejection of the mandate of the people

3. One man domination

 There is no power above courts that can control their decisions, or correct their errors.
There is no authority that can remove judges from office for any errors or lower their
salaries, and in many cases their power is superior to that of the legislature

4. Social progress
 The usage of power of judicial review of the supreme on constitutional questions, often
jam the wheel of social progress and becomes the reason of unwanted delay in official
administration

5. Stress only on legal aspects

 The judges pay more stress on legal aspect and not relies upon social aspects of life such
as economic etc. while declaring law unconstitutional

9) Conclusion
 The judicial power of the Supreme Court has not made the Supreme Court the father of the
constitution but it has vested in the final authority of legislation. Courts by this authority can
interfere with the acts and policies of other two organs of the government
Q # 6: Discuss the composition, role and effectiveness of the
Federal ombudsman in detail?
1. Introduction
 Ombudsman is also known as Mohtasib. Federal ombudsman examines complaints from
people who feel they have been unfairly treated by certain public bodies, for example,
government departments, local authorities, and publicly funded third level education bodies.
Ombudsman provides a free public service which is open and accountable. Ombudsman’s job
is to examine complaints in a fair and impartial way and rectify these complaints.

2. Definition of Federal Ombudsman

 Ombudsman is an official who receives complaints about government, investigates and
rectifies them in accordance with law.

3. Establishment of ombudsman office in Pakistan

 In 1983, the office of federal ombudsman was established in Pakistan by General Zia-Ul-Haq
through president order l. it has started functioning on 08 August 1983, and now it is an
integral part of Constitution of Pakistan 1973. Headquarter of federal ombudsman office is at
Islamabad and other branches are exist in all over the Pakistan.

4. Terms and conditions of appointment of Ombudsman

Following are the terms and conditions of appointment of ombudsman

1. Appointment of ombudsman
 Federal ombudsman is always appointed by the president of Islamic Republic of Pakistan as
mentioned under constitution 1973.

2. Removal of ombudsman
 Federal ombudsman is always removed by the president of Islamic Republic of Pakistan, on
the basis of misconduct, physical or mental incapacity, or due to some other reasonable
grounds.

3. Tenure of office
 Federal ombudsman is appointed for the period of four years only and his appointment is
not extendable at any cost

4. Salary and allowances

 Federal ombudsman’s salary and other all allowances are determined by the president of
Pakistan.

5. Office of profit
  Federal ombudsman cannot hold any office of profit within the Pakistan during the period of
his office or cannot be appointed in any other department for salary.

5. Role of Ombudsman
Following are the roles of federal ombudsman. Details are as under.

1. Determination of causes of corruption

 Federal ombudsman determines the causes of corruption and makes necessary
arrangements to root out such causes for administration of justice in all over the country.

2. Rectification of Maladministration
Federal ombudsman investigates and rectifies the maladministration, so that remedies may
be provided to the citizens against violations of their rights.

3. Accountability of administration
 Federal ombudsman is responsible for the accountability of administration so that
administration may be impeached against their actions which are out of their jurisdiction.

4. Awarding of Compensation
 Federal ombudsman has an authority to award compensation to those citizens who have
suffered damages as a result of violation of their rights by maladministration.

5. Improvement of Relationships between administration and

citizens
 Federal ombudsman plays vital role in order to create friendly relationship between the
administration and citizens for better administration of public affairs of the state.

6. Improvement of Administrative process and procedures

 Federal Ombudsman improves administrative process and procedures so that administrative
authority cannot misuse of administrative powers in order to save citizens from misuse of
administrative powers.

7. Checking of Misuse of Discretionary Powers

 Federal Ombudsman plays an important role in checking misuse of discretionary powers.
And checking of discretionary powers saves people from negative effects of misuse of
discretionary powers.

6. Powers of Ombudsman
Following are the powers of ombudsman. Details are as under.

1. Summoning powers
  The Ombudsman has summoning powers and he can send summons to accused and
witnesses, compelling the production of documents, and evidences relevant to cases.

2. Examination of witness
 The ombudsman has power to examine the witness in order to find reasonable evidences
relevant to case

3. Appointment of representative
 The ombudsman has an authority to appoint his representative to find the facts by
inspecting the books of accounts or other documents for administration of justice.

4. Establishment of inspection team

 The ombudsman has an authority to establish an inspection team to find the facts by
inspecting the books of accounts or other documents for administration of justice.

5. Transfer of case
 The ombudsman has an authority to transfer of case to the concerned authority for
appropriate actions for the better administration of justice.

7. Effect of removal of ombudsman

Following are the effects of removal of ombudsman.

1. Cannot hold an office of profit

2. Cannot become a member of Parliament
3. Cannot become a member of Provincial Assembly
4. Cannot become a member of local body

8. Conclusion
 To conclude I can say that the office of ombudsman is an important department of
government to grab administrative corruption and maladministration. Ombudsman is
responsible to investigation and rectifies all kinds of grievances of the citizens of the state. In
short institution of ombudsman is public safety value against maladministration.
Q # 7: What do you know about the growth of Administrative
tribunal? Where the appeal lies against the decision of the
administrative tribunals? How independent are the administrative
tribunals in Pakistan?
1. Introduction
 Tribunals have their own processes and rules to resolve disputes. Tribunals run parallel to the
court system. While tribunals may resemble courts because they make decisions about
disputes, they are not part of the court system. A tribunal is an institution or group of
people who are chosen by the government, to examine (legal)problems of a particular type.

2. Definition of tribunal
 A group of judges with the authority to pronounce judgment of a particular matter on the
basis of evidence at a place other than courts.

3. Tribunal must be a person or body

 Under the provision of Article 160 of Constitution of Pakistan 1956, a tribunal must be a
person or a body that is authorized to pronounce final judgment on a particular matter
before him, judgment of tribunal may be known as decree, order, and semblance.

4. Characteristics of Tribunals
Following are the characteristics of the tribunals. Details are as under.

1. Own rules and regulation

 All the tribunals have their own rules and regulations in accordance with; they decide the
cases before them. They do not follow the rules and regulations of the court of law.

2. Independency of tribunals
 All the tribunals are independent and they decide all the cases without any interference in
this regard. They follow the principles of natural justice.

3. Delegated judicial powers

 All the tribunals have judicial powers which have been delegated and entrusted by judicial
power of the state; all the tribunals are bound to act judicially.

4. Tribunals are not court

 All the tribunals neither the court nor the executive body. They are mixture of both because
they decide the cases in the light of facts and makes the final decision

5. Dealing of tribunals
  All the tribunals deal with disputes relating to taxation, land, unfair dismissal, employment
and immigration cases etc.
5. Difference between tribunal and courts
Following are the differences between the tribunals and the courts.

1. As to staff
 Official deputed in the court is always a judge
 Official deputed in the tribunal may be a judge or not

2. As to cases
 Official deputed in the courts deals with all the cases
 Official deputed in the tribunals deals with specific cases

3. As to discretion
 Official deputed in the courts cannot use discretionary powers
 Official deputed in the tribunals can use the discretionary powers

4. As to independency
 Officials deputed in the courts are independent in respect of their tenure and terms and
conditions
 Official deputed in the tribunals are dependent in respect of their tenure and terms and
conditions.

5. As to procedure
 Official deputed in the courts follows a code of procedure
 Official deputed in the tribunals does not follow a code of procedure

6. As to party
 Official deputed in the courts cannot become a party to a case
 Official deputed in the tribunal can become a party to a case

6. Reasons for Growth of Administrative tribunals

Following are the reasons for growth of administrative tribunals. Details are as under.

1. Inadequacy of Courts
 The judicial system proved inadequate to decide and settle all types of disputes between
the parties such as between employee and employer. It is the reason of growth of
administrative tribunal

2. Inadequacy of the Legislations

  The legislative system was also proved inadequate to lay down the detailed rules and
regulations and even when detailed provisions were made by the legislature, they were
found defective and inadequate. It was the reason of growth of administrative tribual

3. Slow judicial proceeding

 The slow judicial proceedings of the courts are the reasons of growth of administrative
tribunals. Because courts take too much time to decide any case.

4. Avoiding technicalities
 It is not possible for the courts to decide the cases without formality and technicality. The
administrative tribunals are not bound by the rules of evidence and procedure and they can
avoid the technicalities and procedure to decide a case. It was the reason of growth of
administrative tribunal.

5. Emergency situations
 During the situations of emergency, getting assent of the President is a lengthy process,
whereas it is very easy and quick to frame schemes and rules for meeting any emergency
situations that arise in a locality. Due to the flexibility of making the rules, obviously there is
a constant growth of administrative law making in the country.

7. Conclusion
 To conclude I can say that both the courts and the tribunals are established by the
Government, which possess judicial powers and have a permanent succession. Generally,
tribunals deal with specific cases for which they are formed, while rest of all the cases is dealt
in the courts, on which the judges gives their verdict.
Q # 8: What are the various prerogatives writs and constitutional
remedies available to the aggrieved person? Is there any
restriction on the exercise of writ jurisdiction?
1. Introduction
With the passage of time, the functions of the administrative authority are being increased,
and administrative authorities exercise vast powers in all the fields. Courts have been
empowered to keep all the administrative authorities in judicial control to prevent the
individuals from abusive use of power and injustice. In Pakistan, the development of judicial
review of administrative action is followed the pattern of British and U.S.A.

2. Definition of Judicial review

 Judicial review is the power of Court which is used to determine constitutional validity of a
administrative action, treaty or other law makings of sub-ordinate authorities.

3. Judicial review of administrative action

 In judicial review of administrative action, the court only inquires whether the administrative
action is taken according to the law or not. Because administrative authorities have been
empowered by law but these powers must be used within the limits. If an authority is using
his power within prescribed limits, in this case court cannot interfere. If an authority is using
his power outside his jurisdiction and someone makes an appeal against the decision made
by the authority, in this case the court shall take judicial review according to law.

4. Constitutional remedies in constitution of Pakistan

Following are the constitutional remedies in Constitution of Pakistan. Details are as under.

1. Article 199
 Article 199 of Constitution of Pakistan provides remedy of judicial review by the high court
which restricts the violation of fundamental rights of the citizens. It is judicial review of
administrative actions.

2. Article 184 and 188

 Article 184 and 188 of Constitution of Pakistan provides remedy of judicial review by the
Supreme Court of the Pakistan which restricts the violation of fundamental rights of the
citizens. It is judicial review of administrative actions.

3. Article 212
 Article 212 of Constitution of Pakistan provides remedy of judicial review of the decisions of
the tribunals where Article 199 is available against violation of fundamental rights of citizen
by administrative actions.
5. Reasons of control of administrative action
Following are the reasons of control of administrative action by judicial review.

1. Commission of outside the jurisdiction

 Under the provision of law, the High Court can take judicial review of administrative action,
if authority is exercising his powers outside his jurisdiction

2. Omission of the jurisdiction

 Under the provision of law, the High court can take judicial review of administrative
omission, if authority is omitted to exercise his powers inside the jurisdiction and he is
responsible for.

3. Departure from law

 Under the provision of law, the High Court can take judicial review of the administrative
action, if authority does not act according to prescribed manner in which he has to act, and
departs from the law.

6. Types of writs
Following are the types of writs under Article 199 of Constitution of Pakistan 1973.

1. Writ of Habeas Corpus

 Wirt of Habeas corpus is a judicial remedy by which a prisoner is released from an unlawful
custody or detention. The remedy can be followed by the prisoner or by another person on
behalf of prisoner.

2. Writ of Mandamus
 Writ of Mandamus is a judicial remedy which is in the form of an order from a superior court
to any subordinate court, organization or public authority to do or not to do some specific
act where that body is under a legal obligation to do or not to do that act.

3. Writ of Certiorari
 Writ of Certiorari is a judicial remedy where a lower court made a decision which is incorrect
or inappropriate in eyes of higher court. In this case higher courts are allowed to call for
record and revise the decision of lower courts or officials.

4. Writ of Quo Warranto

 Writ of Quo Warranto is a judicial remedy, it simply means “under what authority you are
holding this office”. This write is issued when a person claims any power without legal
authority behind it or when official done any act without legal authority to do this.
 5. Write of Prohibition
 Writ of prohibition is a judicial remedy, it is granted where the case is outside the
jurisdiction of lower courts, and the higher courts can issue the Write of Prohibition to stop
the lower court’s proceedings.

1) Origin of judicial review

The power of judicial review was exercise by the court for the first time in 1803, in the following
case . Leading case of Marbury vs madison 1803.

1. Facts of the case

1) Marbury was appointed as a justice of peace, in the district of Colombia by
President Adam, on the last day of his office, but the commission didn’t be delivered
to him
2) The next president and his secretary Madison refused to deliver the commission of
Marbury
3) Marbury petitioned a writ in Supreme court under the judiciary act of 1798

2. Decision of the case

 It is written by Justice Marshall that Marbury, definitely, had a right to his commission.
But, more importantly, the Judiciary Act of 1789 was unconstitutional. In Marshall's
opinion, Congress could not give powers to the Supreme Court to issue an order granting
Marbury’s commission. Therefore, the Supreme Court could not force Jefferson and
Madison to appoint Marbury, because it did not have the power to do so

3. Brief arguments of chief justice marshal

1. The constitution is the supreme law of the land and the judges are bound to give value
to it
2. When courts are called to give value to a statute passed by congress if it is against the
interest of country ,court must give value to the latter statute
3. The powers of the legislatures are defined and limited therefore, legislature should
not breach their limits because constitution is written

7. Conclusion
 To conclude I can say that Writ jurisdiction of high court under article 199 is available only
when no other remedy is available. The high court can issue writs on mandamus, prohibition
and certiorari on the application of the aggrieved person and it can also issue writ of habeas
corpus and writ on the application of interested party. In case of public interest the Supreme
Court also has the some power under article 199.
Q # 9: What is meant by judicial control of executive discretion?
Please explain the concept in detail.
1. Introduction
 Executive discretion is meant power of decision making of any executive authority on his
own. All the governors of the various states, trial and appellate judges, and administrative
authorities are making discretionary decisions in the discharge of public duties. All
discretionary decisions are subject to judicial control and are also subject to reversal or
modification if there has been an Abuse of Discretion.

2. Definition of Executive discretion

 Executive discretion is meant power of decision making of executive authority on his own, it
doesn’t matter whether the decision made is wrong or right

3. Definition of Judicial control

 Judicial control is a process under which executive and (in some countries) legislative actions
are subject to judicial review.

4. Reasons to vest discretionary powers

Following are the reasons to vest discretionary powers to the public officials. Detail are as under.

1. Complexity of problems
 In these days, the executive authorities has to resolve very complex problems, due to such
complexity of problems it has become difficult to resolve all the problem according to the
general rules, that' why discretionary powers have been vested to executive authorities.

2. New problems
 In these days, the executive authorities has to resolve new problems, due to lack of any
previous experience to deal with such problems it has become difficult to resolve all the
problem according to the general rules, that' why discretionary powers have been vested to
executive authorities.

3. Absence of specific rules

 In these days, absence of specific rules has become a reason to vest discretionary powers to
the executive authorities to resolve different types of problems arouse.

5. Abuse of executive discretions

Following are the circumstances which come under the category of abuse of executive
discretions.

1. Unreasonableness
  An executive authority is bound to exercise his powers reasonably. If authority exercises his
powers unreasonably, in this case it will be considered as abuse of executive discretions.
2. Mala-fide
 An executive authority is bound to exercise his power honestly. If authority passes some
orders dishonestly attain corrupt motives, in this case it will be considered as abuse of
executive discretions.

3. Improper purpose
 An executive authority is bound to exercise his powers for specific purposes, if such powers
are being used for different purposes, in this case it will be considered as abuse of executive
discretions.

4. Lack of jurisdiction
 An executive authority is bound to exercise his powers within the jurisdiction. If such powers
are being used outside the jurisdiction and violating the principle of natural justice, in this
case it will be considered as abuse of executive discretions.

5. Procedural defects
 An executive authority is bound to exercise his powers by following the procedures of law, if
the executive authority does not follow the procedural requirement, in this case it will be
considered as abuse of discretion.

6. Irrelevant consideration
 An executive authority is bound to exercise his powers by following the relevant
consideration, if the executive authority ignores relevant consideration, in this case it will be
considered as abuse of discretion.

6. Grounds of judicial control of executive discretions

Following are the grounds of judicial control of executive discretions. Details are as under.

1. Unreasonableness
 An executive authority is bound to exercise his powers reasonably. If authority exercises his
powers unreasonably, in this case the court of law shall take judicial review of such
unreasonableness.

2. Mala-fide
 An executive authority is bound to exercise his power honestly. If authority passes some
orders dishonestly attain corrupt motives, in this case the court of law shall take judicial
review of such mala-fie.

3. Improper purpose
  An executive authority is bound to exercise his powers for specific purposes, if such powers
are being used for different purposes, in this case the court of law shall take judicial review
of such improper purpose.

4. Lack of jurisdiction
 An executive authority is bound to exercise his powers within the jurisdiction. If such powers
are being used outside the jurisdiction and violating the principle of natural justice, in this
case the court of law shall take judicial review of such abuse of discretion.

5. Procedural defects
 An executive authority is bound to exercise his powers by following the procedures of law, if
the executive authority does not follow the procedural requirement, in this case the court of
law shall take judicial review of such procedural defects.

6. Irrelevant consideration
 An executive authority is bound to exercise his powers by following the relevant
consideration, if the executive authority ignores relevant consideration, in this case the
court of law shall take judicial review of such irrelevant consideration.

7. Reason for judicial review

Following are the reason for the exercise of powers of judicial review

1) To keep the authorities and the president within the limits of their powers
2) To increase the authority of Federal government
3) To defend the right of the property
4) To defend civil liberties and rights

8. Conclusion
 The judicial power of the Supreme Court has not made the Supreme Court the father of the
constitution but it has vested in the final authority of legislation. Courts by this authority can
interfere with the acts and policies of other two organs of the government
Q # 10: Write a note on the jurisdictional principle or doctrine of
Ultra vires.
1. Introduction
 Any act which requires legal authority and if it is done without such an authority, it is
considered as ‘ultra vires. All the acts that are ultra vires may be regarded as invalid acts. The
doctrine of ultra vires is a basic doctrine Administrative Law. In administrative law an
authority can exercise only so much power as these have been conferred on it by law.

2. Meaning of Ultra Vires

 The term Ultra vires is a Latin term which means “Beyond powers”

3. Definition of Ultra vires

 If the government and its administrative agencies are not using the powers within the
prescribed limits in the law, it is called ultra vires

4. Reasons of application of Ultra vires

Following are the reasons of application of Ultra vires. Details are as under.

1. Act ultra vires the constitution

 Under administrative law, if any act ultra vires the constitution, where authority violates the
rules and regulations of the statute and uses his powers outside his authority, in this case
such act will be considered as ultra vires.

2. Act ultra vires the provision

 Under administrative law, if any act ultra vires any provision of constitution, where authority
violates the provisions of the statute and uses his powers outside his authority, in this case
such act will be considered as ultra vires.

3. Act ultra vires the Enabling Act

 Under administrative law, if any act ultra vires any Enabling act, where authority violates the
enabling acts and uses his powers outside his authority, in this case such act will be
considered as ultra vires.

Following are the grounds of ultra vires act in respect of enabling act.

1. Act is ultra vires, if it is in excess of powers conferred by the enabling act

2. Act is ultra vires, if it is in conflict with the enabling act
3. Act is ultra vires, if it is unreasonable, arbitrary and discriminatory
4. Act is ultra vires, if it is mala-fide
5. Act is ultra vires, if it violates the common law
6. Act is ultra vires, if it violates the rules and regulations of some other statutes
5. Exception to the doctrine of ultra vires
There are a few exceptions to the Doctrine of Ultra Vires. They are listed out as follows.

1. An act which is within the scope of the object clause of the company but outside the
authority of directors can be approved by the share-holders
2. The share-holders have the authority to validate an intra vires act performed in irregular
manner in the company.
3. If the company acquires any property through an ultra vires investment, even then the
company right over that property shall be secured
4. An incidental or consequential effect of an act shall not be considered as ultra vires, unless
it is expressly prohibited by the statute.

6. Scope of the doctrine of ultra vires

 The doctrine of ultra vires is applicable to all those companies that have been incorporated
and have a separate existence in the eyes of law. All those companies that have not been
registered, such as partnerships and sole proprietorships will not come under the scope of
the doctrine of ultra vires. Only incorporated companies will be considered under this
doctrine.

7. Effects of Ultra-Vires Transactions

Following are the effects of ultra-vires transactions

1. Injunction
 Any member of the company can bring injunction against the company to restrain it from
doing ultra-vires acts.

2. Personal Liability of Directors

 The directors of the company are personally liable to return those funds of the company
which they have used for ultra-vires purposes. It is the duty of the directors of the company
to deploy funds and properties of the company for the purposes laid down in the
memorandum of association of the company.

3. Ultra-vires Borrowings
 A bank or other person giving loan to company for purposes ultra-vires the memorandum.
The bank or person cannot recover the money under that loan agreement.

4. Ultra-vires Lending
 If the money has been given by the company and the lending is ultra-vires, the contract
void. No action can be brought on it, but the company can sue for recovery of its money.
 This is because the borrower who has made a promise to repay that money cannot be
allowed to refrain from paying it back on the ground that it is without authority.

5. Ultra-vires Torts
 In order to make the company liable for the torts (civil wrongs) of its employees, it is to be
proved that:

1) The tort was committed in the course of an activity which falls within the purview of the
company’s memorandum.
2) The tort was committed by the employee in the course of his employment.

8. Conclusion
 To conclude I can say that the term Ultra vires is meant beyond the powers, which is also
regarded as an invalid act which is committed by the authority that is not entitled to do this
within the prescribed statute of law. This concept prohibits the authority from abusive use of
powers.
Q # 1: Define and explain the following under the civil servants
act 1973, Probation, promotion, termination of service?
1. Introduction
 Under civil service laws, probationary appointment is an initial step towards permanent
appointment on a civil post, in this period; the employer has a right to terminate the
appointee without assigning any reason.
 Promotion is also one of the modes of appointment of civil servant on a civil post; it is a
general rule that no civil servant can claim his promotion as a right.
 Termination of services is an end of life of employee’s job with the employer; employer
cannot terminate his employee without serving notice or may be terminated in some case
without serving notice.

2. Definition of Probation
 Probationary period is such period in which newly appointed employee has to show that he is
capable to perform the required duties of the job before he will be considered as permeation
on the position.

3. Probation rules under rule 7

Following are the probation rules under rule 7. Details are as under.

1. Period of probation
 Newly appointed person to a post will perform his duties on probation for the period of two
years, or will perform his duties under the directions of appointing authority for the period
of one year

2. Written record of probation

 The appointing authority will kept the written record of the probation period of newly
appointed person, so that it may be presented when needed.

3. Extension of probation
 During the probation or after expiring the period of probation, the appointing authority will
pass the orders for extension of probation period if authority thinks fit.

4. One year extension of probation

 If the appointing authority does not pass any order for extension of probation period, in this
case it will be considered that the probation has been extended for the period of one year.

5. Continuation of order
 During the extended period of probation, it will be considered that the appointment is
continued till further orders.
4. Definition of promotion
 In terms of employment, promotion is meant change of duties and title, it happens where an
employee has gained a particular experience as well as having better qualification for
promotion to higher post.

5. Conditions for promotion

Following are the conditions for promotion. Details are as under.

1. Qualification
 It is a necessary condition for the promotion of an employee from lower post to higher post
that he must possess minimum qualification for the prescribed post.

2. Experience
 It is a necessary condition for the promotion of an employee from lower post to higher post
that he must possess an experience for the prescribed post.

3. Board’s recommendation
 It is a necessary condition for the promotion of an employee from lower post to higher post
that the promotion board must recommend any employee for the prescribed post.

4. Reserved post
 It is a necessary condition for the promotion of an employee from lower post to higher post
that there should be a reserved post for departmental promotion.

5. Selection or Non-Selection post

 It is a necessary condition for the promotion of an employee from lower post to higher post
that there should be a selection or non-selection post for departmental promotion.

6. Definition of termination of service

 Termination of services is an end of life of employee’s job with the employer; employer
cannot terminate his employee without serving notice or may be terminated in some case
without serving notice.

7. General rule
 As it is a general rule that no civil servant shall be terminated without serving notice

8. Circumstances when civil servant can be terminated

without notice
 Following are the some circumstances where a civil servant can be terminated even without
serving notice to him. Details are as under.

1. On probation
 A civil servant can be terminated without notice from his service if he is performing his
duties on probation period. Appointing authority has discretionary power to terminate him
in this case

2. On expiry of contract
 A civil servant can terminated without notice from his service if his employment contract
with the employer has been expired, Appointing authority has discretionary power to
terminate him in this case.

3. On Ad-Hoc appointment
 A civil servant can terminated without notice from his service if he has been appointed on
Ad-Hoc basis because such appointment is terminable on the appointment of new civil
servant, Appointing authority has discretionary power to terminate him in this case.

9. Conclusion
 To conclude I can say that a civil servant can be promoted to higher post if he has gained an
experience as well as qualification for the higher post. A civil servant can be terminated from
service if he get failed to prove himself suitable for the post during the period of probation,
even without notice
Q # 2: Please specify the procedure to be observed by the inquiry
officer on inquiry committee during an inquiry of the accused
person under the Punjab Civil Servants Rules 1975?
1. Introduction
 Under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, whenever any civil
servant is found guilty of corruption and misconduct, in this case a special procedure of
inquiry is observed against that civil servant, for this purpose an inquiry officer is appointed
by the competent authority to investigate the matter.

2. Relevant provision
 Rule 5 to 12 of Punjab Civil Servants (E&D) rules 1975, deals with inquiry procedure.

3. Grounds for Inquiry against Civil Servant

Following are the grounds for inquiry against the civil servant.

1. Inefficiency
 If any civil servant is found inefficient towards his job and unable to perform his duties in
accordance with law, in this case inquiry will be set up: inefficiency is meant to ineligibility
towards official responsibilities

2. Corruption
 If any civil servant is found guilty of corruption, in this case inquiry will be set up against him,
corruption is meant to abuse of power by the civil servant for private gain

3. Misconduct
 If any civil servant is found guilty of misconduct, in this case inquiry will be set up against
him; misconduct is meant an unacceptable behavior of civil servant which is not in
accordance with the conduct rules 1966.

4. Subversion
 If any civil servant is found guilty of subversion, in this case inquiry will be set up against
him; subversion is meant dishonest and violent methods to make change in the official
records in order to conceal the facts and stealing source codes etc.

4. Modes of initiation of inquiry

Following are the modes of initiation of inquiry against any civil servant.

1. Suspension
 Before initiation of proceedings against civil servant, he may be suspended by the
authorized officer for the purpose of inquiry
 2. Leave
 Before initiation of proceedings against civil servant, he may be asked to avail the leave
from the authorized officer for the purpose of inquiry

5. Procedure observed for inquiry

Following are the procedures observed for inquiry by the inquiry officer. Details are as under.

1. Inform the accused

 An inquiry officer shall inform the accused by written order of action likely to be taken
against him.

2. Mention the grounds

 An inquiry officer shall mention the grounds in the written order of action likely to be taken
against him.

3. Opportunity of Show cause

 An inquiry officer shall give an opportunity of show cause to accused against that action,
within 14 days from the issuance of order of action.

4. Time for justification

 An inquiry officer shall give 14 days’ time to accused for justification against the charge
alleged to him, so that accused may collect all the evidences and ask the witnesses for
testimony in order to prove himself innocent.

5. Examination of evidence
 An inquiry officer shall examine the evidence provided by the accused, validity and legality
of the evidences will be assured before smooth judicial proceedings.

6. Cross examination of witnesses

 An inquiry officer shall cross-examine the witnesses appeared in order to give testimony in
favor of accused, reliability and legality of the witnesses will be assured before smooth
judicial proceedings.

7. Initiation of inquiry
 An inquiry officer after completion of examination of evidences as well as cross examination
of witness shall initiate the procedure of inquiry against accused.

8. Submission of report
 An inquiry officer shall submit a report to authorized officer after completion of procedure
of inquiry within the 10 days.
 9. Imposition of penalty
 At the end, if accused is found guilty of offence according to the report submitted, in this
case the authorized officer shall impose penalty on accused in accordance with law.

6. Kinds of penalties imposed on Civil servant

Following are the penalties which are imposed on civil servant under Punjab civil servant rules
1975.

1. Reduction to lower post

 Under rule 3, any civil servant who is found guilty, may be reduced to lower post

2. Recovery of loss
 Under rule 3, any civil servant who is caused to pecuniary loss of government, he will have
to pay damages to the government

3. Compulsory retirement
 Under rule 3, any civil servant who is found guilty, he may be punished with compulsory
retirement caused to pecuniary loss of government, he will have to pay damages to the
government

4. Removal form services

 Under rule 3, any civil servant who is found guilty, he may be removed from services

5. Dismissal from services

 Under rule 3, any civil servant who is found guilty, he may be dismissed from services ,
dismissal is more serious in nature than the removal from services

7. Conclusion
 To conclude I can say that a civil servant is under an obligation to perform his duties honestly,
but if he is found guilty of corruption, misconduct or subversion, in this case he shall be
punished in accordance with the rules of conduct and a proper procedure of inquiry by
inquiry officer shall be conducted in this regard.
Q # 3: Who is competent to file an appeal before service tribunal
under service tribunal act 1973? Discuss the procedure for filing
such an appeal.
1. Introduction
 Any civil servant aggrieved by any order of the service tribunal under Punjab Civil Servant Act
1974, has a right to file an appeal under section 4 of Punjab Service Tribunal Act 1974. An
appeal is a form of complaint which is made by the aggrieved civil servant before the superior
court against the decision of subordinate court in order to revise the decision. The aim of
making an appeal is testing the accuracy of the decision of the lower court.

2. Relevant provision
 Rule 4 and 5of Punjab Civil Service Tribunal Act 1974, deals with competency of aggrieved to
file an appeal before service tribunal.

3. Definition of tribunal
 A group of judges with the authority to pronounce judgment of a particular matter on the
basis of evidence at a place other than courts.

4. Tribunal must be a person or body

 Under the provision of Article 160 of Constitution of Pakistan 1956, a tribunal must be a
person or a body that is authorized to pronounce final judgment on a particular matter
before him, judgment of tribunal may be known as decree, order, and semblance.

5. Definition of Appeal
 Submission of an application by the aggrieved civil servant before the Punjab Service tribunal
for the judicial review of the decision of the lower court is called appeal

6. Who is competent to file an appeal?

 Any civil servant aggrieved by any order, whether original or appellate, made by the
departmental authority in respect of terms and conditions of his service. In this case
aggrieved civil servant can file an appeal before the service tribunal under section 4 of Punjab
Service Tribunal Act 1974.

7. Conditions in which appeal can be filed

Following are the conditions in which appeal can be filed.

1. Against original order

 Any aggrieved civil servant can file an appeal against original order by which terms and
conditions of his service have been violated.
 2. Against appellate order
 Any aggrieved civil servant can file an appeal against appellate order by which terms and
conditions of his service have been violated.

3. Against departmental authority

 Any aggrieved civil servant can file an appeal against departmental authority by which terms
and conditions of his service have been violated.

8. Cases in which appeal can be filed

Following are the cases in which appeal can be filed against the departmental authority,
appellate.

1. Reduction to lower post

 Under section 4 of Punjab Service Tribunal Act, a civil servant can file an appeal against his
reduction to a lower post.

2. Compulsory retirement
 Under section 4 of Punjab Service Tribunal Act, a civil servant can file an appeal against his
compulsory retirement.

3. Removal form services

 Under section 4 of Punjab Service Tribunal Act, a civil servant can file an appeal against his
removal from services.

4. Dismissal from services

 Under section 4 of Punjab Service Tribunal Act, a civil servant can file an appeal against his
dismissal from services.

9. Difference between tribunal and courts

Following are the differences between the tribunals and the courts.

1. As to staff
 Official deputed in the court is always a judge
 Official deputed in the tribunal may be a judge or not

2. As to cases
 Official deputed in the courts deals with all the cases
 Official deputed in the tribunals deals with specific cases

3. As to discretion
  Official deputed in the courts cannot use discretionary powers
 Official deputed in the tribunals can use the discretionary powers

4. As to independency
 Officials deputed in the courts are independent in respect of their tenure and terms and
conditions
 Official deputed in the tribunals are dependent in respect of their tenure and terms and
conditions.

5. As to procedure
 Official deputed in the courts follows a code of procedure
 Official deputed in the tribunals does not follow a code of procedure

6. As to party
 Official deputed in the courts cannot become a party to a case
 Official deputed in the tribunal can become a party to a case

10.Conclusion
 To conclude I can say that it is the right of the Civil Servant to file an appeal before Service
tribunal against an order of a departmental authority and the jurisdiction of the High Court is
barred under Article 212 of the 1973 Constitution of Pakistan.
Q # 4: What are the various kinds of penalties? What procedure to
be observed by the authorized officer in case of initiation of
proceedings against accused person under the Punjab Civil
Servant (E&D) Rules 1975?
1. Introduction
 Under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, whenever any civil
servant is found guilty of inefficiency, corruption, misconduct and engaged in revolutionary
activities, in this case such civil servant is punished with different types of penalties either
minor or major under Punjab Civil Servants (E&D) rules 1975. Grounds and types of penalties
are being mentioned below.

2. Relevant provision
 Rule 3 and 4 of Punjab Civil Servants (E&D) rules 1975, deals with imposition of penalties to
the Civil servants.

3. Definition of Penalty
 A penalty is a punishment which is given for doing something wrong which is against the rule
of law.

4. Grounds for Imposition of penalties

Following are the grounds for imposition of penalties against civil servants.

1. Inefficiency
 If any civil servant is found inefficient towards his job and unable to perform his duties in
accordance with law, in this case such civil servant will be punished: inefficiency is meant to
ineligibility towards official responsibilities

2. Corruption
 If any civil servant is found guilty of corruption, in this case such civil servant will be
punished, corruption is meant to abuse of power by the civil servant for private gain

3. Misconduct
 If any civil servant is found guilty of misconduct, in this case such civil servant will be
punished; misconduct is meant an unacceptable behavior of civil servant which is not in
accordance with the conduct rules 1966.

4. Subversion
 If any civil servant is found guilty of subversion, in this case such civil servant will be
punished; subversion is meant dishonest and violent methods to make change in the official
records in order to conceal the facts and stealing source codes etc.
5. Kinds of major penalties
Following are the kinds of major penalties which are imposed on civil servant under Punjab civil
servant rules 1975.

1. Reduction to lower post

 Under rule 3, any civil servant who is found guilty, may be reduced to lower post

2. Recovery of loss
 Under rule 3, any civil servant who is caused to pecuniary loss of government, he will have
to pay damages to the government

3. Compulsory retirement
 Under rule 3, any civil servant who is found guilty, he may be punished with compulsory
retirement caused to pecuniary loss of government, he will have to pay damages to the
government

4. Removal form services

 Under rule 3, any civil servant who is found guilty, he may be removed from services

5. Dismissal from services

 Under rule 3, any civil servant who is found guilty, he may be dismissed from services ,
dismissal is more serious in nature than the removal from services

6. Kinds of minor penalties

Following are the kinds of minor penalties which are imposed on civil servant under Punjab civil
servant rules 1975.

1. Censure
 Under rule 3, any civil servant who is found guilty, he may be awarded with the penalty of
censure as a minor penalty

2. Withholding of promotion
 Under rule 3, any civil servant who is found guilty, he may be awarded with the penalty of
withholding of promotion for a specific period as a minor penalty

3. Withholding of increment
 Under rule 3, any civil servant who is found guilty, he may be awarded with the penalty of
withholding of increment for a specific period as a minor penalty
 4. Withholding of salary
 Under rule 3, any civil servant who is found guilty, he may be awarded with the penalty of
withholding of salary for a specific period as a minor penalty

7. Requirements for imposition of penalty

Following are the requirements of imposition of penalty for civil servant. Details are as under.

1. Personal hearing
 Personal hearing is an essential requirement of imposition of penalty to the civil servant
either minor or major penalty. Because it is a rule of natural justice that no one should be
condemned unheard e.g. Audi Alterm Partem.

2. Show cause notice

 Show cause notice is an essential requirement of imposition of penalty order of dismissal of
the civil servant from services, will be considered as an invalid order if second show cause
notice has not been served to civil servant.

8. Conclusion
 To conclude I can say that the penalties may be awarded to civil servant if he is found guilty
of inefficiency, corruption, misconduct or is found in subversive activities under the Punjab
Civil Servant (E&D) Rules 1975. Before imposition of penalty it is necessary that a show cause
notice to be served to civil servant and should be mentioned the proposed action which will
be taken against him.