Service Laws

                Service Laws

Annual Confidential Report.

-    ACR relied as “average” – held not to be an adverse entry – therefore, no representation necessary.

-    This reporting and counter signing must be by an officer superior to the officer concerned.

-    ACRs initiated by an officer of same grade Held, rightly challenged and quashed.
PLD 1995 SC 556
REL: 1992 SCMR 1427
PLD 1992 SC 144
1994 SCMR 544.

Govt. Servants (Efficiency & Discipline) Rules, 1973

RULES 5,6 & 7

-    The question as to whether evidence is to be led before inquiry officer depends upon circumstances of each case, disputed questions of fact can only be decided after the evidence and accused officer has the right to ask for production of defence, if opportunity not given inquiry report is violative of rules as well as natural justice.
PLD 1994 SC 275

-    R. 5(1) Suspension – Retrospectivity – Suspension orders or even other executive orders held cannot be enforced retrospectively.
PLD 1979 Note 80 Lah
Ref. PLD 1965 SC 106

Punjab Civil Servants Act (VIII of 1974)

Ss. 2(g-a) (g-b) & 8.

-    Working Paper for promotion made before appellants retirement – matter delayed – denial of promotion due to retirement – Service Tribunal Order to put the case before selection committee for promotion – Department’s unjustifiable delay could not be made appellants to suffer.
-    Appellants promotion after retirement would be pro forma promotion. Leave refused.
Secretary School of Education     Vs.    Rana Arshad Khan.
2012 SCMR 126
REL: 2010 SCMR 1466

Removal from Service (Special Powers) Ordinance (XVII of 2000)

Penal Code Ss. 302, 310
Cr.P.C. Ss. 345
Constitution Art. 212(3)

-    Civil servant acquitted from murder charge by paying Diyat – Service terminated due to absence being in detention and also the plea that payment of Diyat was equated with conviction – Held – offence was lawfully compromised. Such acquittal of civil servant could not be takne as his disqualification, coming in the way of his reinstatement.
Director General I.B.    Vs.    Muhammad Javed
2012 SCMR 165

Punjab Service Tribunal Act, 1974

Section-4 of Punjab Service Tribunal Act, 1974

-    Appeal to Tribunal will lie after exhausting remedies under the Service Rules itself i.e. representation, appeal revision. If no revision is provided then filing of revision will be of no avail – Police Rules provide one revision after appeal. S.C. held appeal not barred by time
PLD 1995 SC 546

SECTION 3- 3(A). SEC.2(g).

-    This judgment deals with three questions:
    (i)    EVEN A BENCH OF Tribunal as contemplated u/s 3(A), unless otherwise provided, would be empowered to exercise by the Tribunal itself. Power to constitute benches has been given to Chairman and the Bench so constituted is a Tribunal. The words a “Bench” consisting hiself or one member only interpreted.

Chairman and a Member.

-    Section 4(2) – Sec. 3(7) classify the cases to be heard by the Tribunal and does not control the constitution.
PLD 1995 SC 546

Federal Service Tribunal Act,

Section- 2(a)

 –     Civil Servant – Pakistan Broad Casting Corporation being Government controlled regimented corporation employees will be covered by definition of Civil Servant. Service Tribunal has the jurisdiction.
1995 SCMR 1593

Ex-employees of the former Government of East Pakistan (Appointment to Federal Posts) Ordinance (XI of 1983)

Section 3,4 & 5

-    Civil servant repatriated from former East Pakistan – time spent by such civil servant while waiting for appointment should be treated as period spend on duty for the purposes of seniority and pension – appeal accepted.
PLD 1994 SC 348

NWFP Civil Servants (Appointment, Promotion & Transfer Rules, 1975

RULE-3

-    Civil Servant (change of Women Culture of Abolition Classes Rules 1973, R-4.

-    Words “Post” and “Grade” – Connotation. While fixing the seniority list. It is the post which is considered and not the “Grade”.
1994 SCMR 1859