Final Project Repot II
Final Project Repot II
Final Project Repot II
Services
Presented to:-
Tribunals
By:-
Mr. Ahmed Nazir Warriach
Sl. No.
Contents Page No(s)
Preface / History 2
1 Tribunal 3
3
2 Constitutional Provisions
3 The Service Tribunals Act, 1973 4
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Preface / History
It is noted that complexity of modern industrialized and urbanized society compelled
the state to paly an effective role in establishing the rights of poor citizens and at the
same time to be active in securing the Public interest.
The establishment of the Federal Service Tribunal under the Service Tribunals Act,
1973 was one of the important steps taken in the direction of Administrative Reforms in
Pakistan. The Service Tribunal Act was passed by the Parliament in pursuance of Article 212
of the Constitution of 1973, Clause (1) (a) of the article 212, empowered the Parliament to
establish one or more Administrative Tribunals through proper legislation for dealing
exclusively with service matters of Govt servants, and the clause also provided for exclusion
of jurisdiction o fall the courts expecting the supreme courts.
The new system of Administrative Tribunals, introduced by Article 212 , is distinct from the
existing tribunal system, which was in function before 1973.
Section (3) of the Act empowers the President, to establish one or more Service Tribunals. He
shall specify, by Notification in the official Gazette, the territorial limits within which each
tribunal shall exercise jurisdiction. In 1978, a new section – 3(A) was inserted in the original
Act of 1973 by the service tribunal (Amendment) Act, 1978. Section 3(a) extended the powers
and functions of Tribunal to the benches consisting of not less than two members of the
Tribunal. Theses benches are to be constituted by the chairman. Currently, the Federal
Service Tribunal has Five benches, three benches at Islamabad and one each at Lahore &
Karachi. Islamabad is the Principal seat of the Tribunal.
1.
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Tribunal:-
Means a person or body of persons (not being a court of law or a tribunal constituted
or presided over by a Judge of the Supreme Court) who, to act in a judicial manner to
the extent of observing one or more of the rules of natural justice.
2.
Constitutional Provisions
Extract from the Constitution of the Islamic Republic of Pakistan, 1973.
Article 212-
by Act *[provide for the establishment of] one or more Administrative Courts or
Tribunals to exercise exclusive jurisdiction in respect of---
(a) Matters relating to the terms and conditions of persons ** [who are or have been] in
the service of Pakistan, including disciplinary matters;
(b) Matters relating to claims arising from tortious acts of Government, or any person in
the service of Pakistan, or of any local or other authority empowered by law to levy
any tax or cess and any servant of such authority acting in the discharge of his
duties as such servant; or
(c) Matters relating to the acquisition, administration and disposal of any property
which is deemed to be enemy property under any law.
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(3) An appeal to the Supreme Court from a judgment, decree, order or sentence of an
Administrative Court or Tribunal shall lie only if the Supreme Court, being satisfied that
the case involves a substantial question of law of public importance, grants leave to
appeal.
3.
The Service Tribunals Act, 1973 (Act No. LXX of 1973)
2) Definitions:–
In this Act, unless there is anything repugnant in the subject or context:-
(a) “Civil Servant" means a person who is, or has been, a civil servant
within the meaning of the Civil Servants Act, 1973 and shall include a
person declared to be a civil servant under section 2(A) i.e. “Service
under certain corporations, etc. to be service of Pakistan.–Service under
any authority, corporation, body or organization established by or under a
Federal law or which is owned or controlled by the Federal Government
or in which the Federal Government has a controlling share or interest is
hereby declared to be service of Pakistan and every person holding a
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post under such authority, corporation, body or organization shall be
deemed to be a civil servant for the purposes of this Act.”
3) Tribunals:–
(1) The President may, by notification in the official Gazette, establish one or more
Service Tribunals and, where there are established more than one Tribunal, the
President shall specify in the notification the class or classes of civil servants in
respect of whom or the territorial limits within which, 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 *[is, or] has been, qualified to be Judge of a
High Court;
b) Such number of members [not less than three] each of whom is a person who
possesses such qualifications as may be prescribed by rules, as the President
may from time to time appoint].
(4) The Chairman and members of a Tribunal shall be appointed by the President
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 President.
(6) The Chairman or a member of a Tribunal shall not hold any other office of profit
in the service of Pakistan if his remuneration is thereby increased.
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(1) The powers and functions of a Tribunal may be exercised or performed by
Benches consisting of not less than two members of Tribunal, including the
Chairman, constituted by the Chairman.
(2) If the members of a bench differ in opinion as to the decision to be given on any
point,–
(a) the point shall be decided according to the opinion of the majority;
(b) if the members are equally divided and the Chairman of the Tribunal is not
himself a member of the bench, the case shall be referred to the Chairman
and the decision of the Tribunal shall be expressed in terms of the opinion
of the Chairman; and
(c) if the members are equally divided and the Chairman of the Tribunal is
himself a member of the bench, the opinion of the Chairman shall prevail
and the decision of the Tribunal shall be expressed in terms of the opinion
of the Chairman].
1) Appeals to Tribunals.
(1) Any civil servant aggrieved by any order, whether original or appellate, made by
a departmental authority in respect of any of the terms and conditions of his
service may, within thirty days of the communication of such order to him, or
within six months of the establishment of the appropriate Tribunal, whichever is
later, prefer an appeal to the Tribunal]:
Provided that–
(a) where an appeal, review or representation to a departmental authority is
provided under the Civil Servants Ordinance, 1973, or any rule against any
such order, no appeal shall lie to a Tribunal unless the aggrieved civil
servant has preferred an appeal or application for review or representation
to such departmental authority and a period of ninety days has elapsed
from the date on which such appeal, application or representation was so
preferred;
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(b) no appeal shall lie to a Tribunal against an order or decision of a
departmental authority determining the fitness or otherwise of a person to
be appointed to or hold a particular post or to be promoted to a higher
grade;
(c) no appeal shall lie to a Tribunal against an order or decision of a
departmental authority made at any time before the 1st July, 1969].
(a) in the case of a penalty of dismissal from service, removal from service,
compulsory retirement or reduction to a lower post or time-scale or to a
lower stage in a time-scale, to a Tribunal referred to in sub-section (3) of
section 3 ;and
(b) in any other case, to a Tribunal referred to in sub-section (7) of that section.
2) Powers of Tribunals.
(1) A Tribunal may, on appeal, confirm, set aside, vary or modify the order appealed
against.
(2) A Tribunal shall, for the purpose of deciding any appeal, be deemed to be a civil
court and shall have the same powers as are vested in such court under the
Code of Civil Procedure, 1908 (Act V of 1908), including the powers of–
(a) Enforcing the attendance of any person and examining him on oath;
(b) Compelling the production of documents; and
(c) Issuing commission for the examination of witnesses and documents.
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3) Abatement of suit and other proceedings.
All suits, appeals, or applications regarding any matter within the jurisdiction of a
Tribunal pending in any court immediately before the commencement of this Act
shall abate forthwith:
Provided that any party to such a suit, appeal or application may, within ninety days
of the *[establishment of the appropriate Tribunal, prefer an appeal to it] in respect
of any such matter which is in issue in such suit, appeal or application.
4) Limitation
The provisions of sections 5 and 12 of the Limitation Act,1908 (IX of 1908),shall
apply to appeals under this Act.
5) Rules
(1) The Federal Government may, by notification in the official Gazette, make rules
for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters namely:–
(a) requirements as to the number of members of the Tribunal necessary for
hearings before, or order or decision by, a Tribunal or a Bench thereof.
(b) filling for a specified period any vacancy in the office of the Chairman or a
member of the Tribunal caused by the absence on leave or other-wise of
the Chairman or, as the case may be, a member.
6) Repeal
[Authority: The Act received assent of the President on 26-9-1973 and was published in
the
Gazette of Pakistan Extraordinary. Par I, dated 29-9-1973].
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4.
The Service Tribunals (Procedure) Rules, 1974
In exercise of the powers conferred by section 8 of the Service Tribunals Act, 1973
(LXX of 1973) the Federal Government is pleased to make the following rules, namely:-
1. These rules may be called the Service Tribunals (Procedure) Rules, 1974.
2. (1) In these rules, unless there is anything repugnant in the subject or context, -
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(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 be legibly, correctly and concisely
written, type-written or printed;
divided into paragraphs, numbered consecutively.
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 check that it is drawn up in accordance with the
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(3) 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.
16. (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.
17. (1) A Tribunal may make such order as to costs of proceedings before it as it may
deem fit.
18. (1) The Tribunal shall, after the order is signed cause certified copies thereof to
be sent under registered cover to the parties concerned and shall deliver a copy
to the Secretary, Establishment Division, **[and the Solicitor, Law Division].
19 If a Tribunal is unable to arrive at a unanimous decision, its decision shall be
expressed in terms of the view of the majority.
20. 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.
21 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 President 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.
22. The language of a Tribunal shall be English, but use may be made of the
National or any one of the regional languages subject to the prior permission of
the Tribunal.
23. A Tribunal may issue instructions in regard to supply of copies to, and
inspection of record by parties to proceedings before it.
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5.
Delegation of Powers to Deputy Registrar, Service Tribunal,
Lahore
In partial modification of Service Tribunal's notification of even number dated the 6th
December, 1975, and in exercise of the powers conferred by clause (1) (d) * of Rule (2) of
the Service Tribunals (Procedure) Rules, 1974, the Deputy Registrar, Service Tribunals,
Camp Office, Lahore is hereby authorized to perform the functions of the Registrar under the
Service Tribunals (Procedure) Rule, 1974 except:-
(1) the fixing of cases out of turn;
(2) transfer of cases from one station to another; and
(3) grant of extension for filing objections beyond 5 months.
6.
The Service Tribunals (Qualifications of Members) Rules, 1974
In exercise of the powers conferred by section 8 of the Service Tribunals ** Act, 1973 (LXX
of 1973), the Federal Government is pleased to make the following rules:-
7.
Permanent Seat of the Service Tribunal
In exercise of the powers conferred by sub-rule (1) of rule 3 of the Service Tribunals
(Procedure) Rules, 1974, the Federal Government is pleased to appoint Islamabad to be the
place at which the Service Tribunal established under the Establishment Division Notification
No. S.R.O. 242(1)/74, dated the 22nd February, *** 1974 , shall have its permanent seat.
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8.
Method, Qualifications and other Conditions for Appointment of
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8.2 Administrative Officer in Service Tribunal
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8.3 Appointment of the Deputy Registrar (Judicial) Grade 17
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9.
FUNCTIONS
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with the Law Division directly. Such cases need not to be referred to this Division for
examination.
1) The Ministries/Divisions are also requested kindly to inform the departments under their
administrative control to follow the above instructions.
1) Copy of letter No. 1(5)2006-AGP, dated 2-3-2006 (Sl. No. 11-B), received from the
Attorney General of Pakistan is enclosed herewith with the request that the instructions
contained in the enclosed letter may be complied with in letter and spirit.
2) The above instructions may also be circulated to the attached departments/ organizations
under the administrative control of each Ministry/Division.
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9.4 Letter of Attorney General of Pakistan Regarding
implementation of Orders of the Federal Service Tribunal and
High Courts Appealed Against in Supreme Court of Pakistan
It has been observed that orders passed in service matters by the Federal Service Tribunal
decided against the government are not implemented as per directions given in the respective
orders. The government departments postpone the implementation of the orders of the
Federal Service Tribunal on the grounds that CPLA is preferred against the order and wait for
the disposal of the matter by the Honorable Supreme Court of Pakistan.
The government departments are hereby informed that unless the order of FST is suspended
specifically by an order of the Supreme Court, the same must be implemented forthwith.
However, a clause may be added in the implementation orders that it shall be subject to the
final decision of the matter by the Honorable Supreme Court of Pakistan.
Thus all the matters which are decided by the FST or which arc pending in the Honorable
Supreme Court of Pakistan or which may be instituted before the Honorable Supreme Court
of Pakistan against any order passed by the FST, directing the reinstatement or granting
some other relief to a civil servant, be complied with forthwith, unless the order appealed
against is specifically suspended by the Honorable Supreme Court of Pakistan.
The Secretary Establishment is further requested to convey this message to all the
departments concerned of the government in respect of which the service matters crop up
before the FST or before the Honorable Supreme Court of Pakistan for necessary action.
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9.5 Implementation of Federal Service Tribunals Order Wherever
Appeals Not Filed
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4) The Ministries/Divisions/Departments are requested to strictly comply with the
government instructions referred to above.
10.
ASSESSMENT / EVALUATION
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11.
RECOMMENDATIONS:
It cannot be denied that performance of service tribunals in Pakistan leaves much to be
desired and reforms and are urgently needed. Before any reforms are suggested, it would be
necessary to identify specific areas of the law where action is needed immediately. No
proposal can be deemed final for the reason that problems will keep cropping up from time to
time and the recommendations at this point in time can at best be based upon the experience
with these tribunals over the last more than a decade. Some of the principal problems with the
tribunals can be identified as discussed below:
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tribunals. There is no statutory guarantee against their removal or premature retirement
and they serve at the pleasure of the executive of federation and provinces. Their
sense of insecurity is sometimes reflected in their judgments. It cannot be over
emphasized that if these tribunals are to be allowed to administer justice fearlessly,
then a fixed term of office with guarantee against arbitrary removal during such term
should be provided in the laws relating to these tribunals.
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for invoking constitutional jurisdiction of High Courts is the possibility of obtaining
interim order of suspension of challenged administrative act or order provided the High
Court agrees to exercise its constitutional jurisdiction. Although there is no specific
provision in any of the laws relating to service tribunals regarding passing of interim or
interlocutory orders, yet interlocutory orders suspending the challenged order or act
have been passed on the basis of the legal principle that the court that has jurisdiction
to pass a final order in a matter can also pass any incidental or supplemental order in
the proceedings pending before it. However, the statutory requirement to wait for ninety
days after filing departmental remedy before approaching service tribunal has rendered
the exercise of such jurisdiction as redundant in most cases. The result is that injury,
although may be temporary, is caused to aggrieved person and, at times, such injury,
although may be temporary, is caused to aggrieved person and, at times, such injury is
substantial to the terms and conditions of his service. This situation requires to be
remedied.
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are so remote or indifferent that they do not find or even care to find time to apply their
independent mind to the case so as to decide objectively. That is the reason why more
than 90% of the departmental appeals are not decided within 90 days allowed for the
purpose and the departmental remedies have just been turned into a frustrating waiting
game. In majority of decisions that are taken, mostly the higher departmental
authorities do not apply their minds and ask for comments from their subordinates who
have already taken the decision under challenge. In such cases, a note is put up from
below which is obviously adverse to the applicant and tends to justify decision already
taken. The appellate authority does not generally take departmental appeal is
communicated in very brief and mechanical terms, without assigning reasons for the
same. The only time an applicant gets any relief is when he happens to personally
approach such appellate authority who is favorably pre-disposed towards him through
personal recommendations or, may be times for some other consideration.
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Resultantly, there is at times, practically no remedy by way of appeal against or review
of erroneous, illegal and fanciful orders of tribunals. Reforms are urgently needed for
providing real and meaningful right of appeal and review.
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