Federal

Services
Tribunals
Presented to:-
Mr. Ahmed Nazir Warriach
 By:-
Arshad Mahmood Mian Roll # 50
Kamran shaukat Roll # 51
Rehan aabid Roll # 52
Sajid Zaman Roll # 53
Aiyna Ali Roll # 54
Nasir Ali Roll # 55
Saher Idrees Roll # 56
Abdullah Javaid Roll # 57
Hifazat Hussain Roll # 58
Sundas Arshad Roll # 59
Waqqas Hanif Roll # 60
Tahir Abbas Roll # 62
Salman Shahid Roll # 63
Rashid-ul-Ghafoor Khan Roll # 136
Ehsan Malik Roll #

 
 
PRESENTATION Rashid-ul-Ghafoor Khan Roll # 136

SCHEDULE Benches of Tribunals / Appeals to Tribunals

Limitation / Rules / Repeal

Arshad Mahmood Mian Roll # 50
The Service Tribunals
Preface / History Rules 1974 (Procedure)
Tribunal Permanent Seat of the Service Tribunal
Constitutional / Provision
Sundas Arshad Roll # 59
The Service Tribunals Act, 1973 (Act
Assessment / Evaluation
No. LXX of 1973)
Recommendations
Composition of the Tribunals
Rehan Abid Roll # 52
Security of Tenure of Office
Defense of Cases in the Tribunal and Law Courts
(Efficiency & discipline) Rules
Independence from executives
Implementation of Judgments/Orders Passed by the
FST
Ayina Ali Roll # 54
Recommendations power to pass Interim
Implementation of Orders of the FST and Higher Orders
Courts

Ineffective Departmental Remedies:

Letter of Attorney General of Pakistan
Lack Of Authority For Execution Of Orders:

Right Of Appeal And Review

 The Service Tribunals

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

 The new system of Administrative Tribunals, introduced by Article 212

, is distinct from the existing tribunal system, which was in function
before 1973.
 The Service Tribunals

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, in arriving at the decision in question,
is or are by law required, whether by express direction or
not, to act in a judicial manner to the extent of observing one
or more of the rules of natural justice.
 The Service Tribunals
Constitutional
Provisions
Extract from the Constitution of the Islamic Republic of Pakistan, 1973.
Article 212-
 Matters relating to the terms and conditions of persons** [who are or have been]
in the service of Pakistan, including disciplinary matters;

 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.

 Matters relating to the acquisition, administration and disposal of any property

which is deemed to be enemy property under any law.

 No other court shall grant an injunction, make any order, or entertain any
proceeding in respect of any matter to which the jurisdiction of such
Administrative Court or Tribunal extends
 The Service Tribunals
Act, 1973 (Act No. LXX of 1973)
The Service Tribunals
Act, 1973 (Act No. LXX of 1973)
An Act to provide for the establishment of Service Tribunals to exercise
jurisdiction in respect of matters relating to the terms and conditions of service
of civil servants.

Short title, commencement and application:–

• This Act may be called the Service Tribunals Act, 1973.
• It shall come into force at once.
• It applies to all civil servants wherever they may be.
DEFINITIONS
:-
“Civil Servant" means a person who is, or has been, a civil servant within the
meaning of the Civil Servants Act, 1973

“Tribunal" means a Service Tribunal established under section:

 The Service Tribunals
Act, 1973 (Act No. LXX of 1973)
Benches of Tribunals:-
 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.

Appeals to Tribunals:-
 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.

 Where the appeal is against an order or decision of a departmental authority

imposing a departmental punishment or penalty on a civil servant, the appeal shall
be preferred

Explanation.– In this section, "departmental authority" means any authority other than a
Tribunal, which is competent to make an order in respect of any of the terms and conditions of
civil servants.
 The Service Tribunals
Act, 1973 (Act No. LXX of 1973)

Limitation
The provisions of sections 5 and 12 of the Limitation Act,1908 (IX of 1908),shall
apply to appeals under this Act.
Rules
 The Federal Government may, by notification in the official Gazette, make rules for
carrying out the purposes of this Act.
 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.

Repeal
The Service Tribunals Ordinance, 1973 (XV of 1973), is hereby repealed.
[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].
 The Service Tribunals
Rules 1974 (PROCEDURE)

THE SERVICE
TRIBUNALS
RULES 1974
PROCEDURE
 The Service Tribunals
Rules 1974 (PROCEDURE)

Procedure
 These rules may be called the Service Tribunals (Procedure) Rules, 1974.

 The permanent seat of a Tribunal shall be at a place which the Federal Government may,
by notification in the official Gazette, appoint.

 A Tribunal shall ordinarily hold its sittings at its permanent seat.

 A Tribunal shall ordinarily observe the same hours as are observed by the offices of the
Federal Government.

 A Tribunal shall observe the holidays notified by the Federal Government.

 An appeal to a Tribunal may be sent to the Registrar by registered post acknowledgement due.

 Every memorandum of appeal shall be legibly, correctly and concisely written, type-written or
printed.

 No court-fee shall be payable for preferring an appeal to, or filing, exhibiting or recording any
document with a Tribunal.
 The Service Tribunals
Act, 1973 (Act No. LXX of 1973)

Procedure
 The Registrar shall scrutinize every memorandum of appeal received by him, and shall check
that it is drawn up in accordance with the provisions of rule 6.

 A Tribunal may, after hearing the appellant or his advocate dismiss the appeal in limine or
otherwise.

 If a Tribunal is unable to arrive at a unanimous decision, its decision shall be expressed in

terms of the view of the majority.

 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.

 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.

 A Tribunal may issue instructions in regard to supply of copies to, and inspection of record by
parties to proceedings before it.
 The Service Tribunals
Act, 1973 (Act No. LXX of 1973)

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
 The Service Tribunals
(FUNCTIONS)

FUNCTIONS
 The Service Tribunals
(FUNCTIONS)

Defense of Cases in the Tribunal and Law Courts

The following guidelines and instructions are to be observed by the
Ministries/Divisions/Attached Departments in regard to Appeals/Writ
Petitions/Suits preferred by the aggrieved civil servants before Service Tribunals,
High Courts and Civil Law Courts against final orders affecting the terms and
conditions of service, including cases where penalty have been awarded under the
Government Servants

 In Appeals/Writ Petitions/Civil Suits against the orders passed by the

ministries/Divisions, he responsibility of defending such cases is of the
Ministry/Division/Attached Department concerned.
(Efficiency
 In cases & discipline)
where the Ministries/Divisions Rules
are the principal respondent, arrangement
for submission of Para wise comments well in time, and appointment of counsels
to defend the case should be made in consultation with the Law Division
 In defending the appeals, before the Service Tribunals the question of limitation
should be carefully examined, and the appeals contested on this ground where
appeals are time barred.
 The Service Tribunals
(FUNCTIONS)

Implementation of Judgments/Orders
Passed by the Federal Service Tribunal
On acceptance of an appeal by the Federal Service Tribunal, a written order is
communicated to the parties and respondent Ministries/ Divisions/Departments
concerned. On receipt, the judgment is to be examined on top priority basis with a
view to filing a Civil Petition for Special Leave to Appeal (CPSLA) before the
Supreme Court of Pakistan for which 60 days time is available to the aggrieved
parties. In case it is decided, in consultation with the Law and Justice Division, that
an order passed by the Tribunal does not involve any substantial question of law of
public importance for moving a CPSLA before the Supreme Court of Pakistan, the
order should be implemented forthwith under intimation to the Registrar, Federal
Service Tribunal, Islamabad.
 The Service Tribunals
(FUNCTIONS)

Implementation of Orders of the Federal Service

Tribunal and High Courts Appealed Against in
Supreme Court of Pakistan.
 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.

 The above instructions may also be circulated to the attached departments/

organizations under the administrative control of each Ministry/Division.  
 The Service Tribunals
(FUNCTIONS)

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

 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 has been advised 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.
 The Service Tribunals
(ASSESSMENT / EVALUATION)

ASSESSMENT
/
EVALUATION
 The Service Tribunals
(ASSESSMENT / EVALUATION)

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
below:

1. Composition of the Tribunals:

2. Security of tenure of office for Chairman and members:
3. Independence of these tribunals from the executive:
4. power to pass Interim Orders:
5. Ineffective Departmental Remedies:
6. Lack of authority for execution of orders:
7. Right of appeal and review:
 The Service Tribunals
(RECOMMENDATIONS)

RECOMMENDATIONS
 The Service Tribunals
(RECOMMENDATIONS)

COMPOSITION OF THE TRIBUNALS:

 It is generally believed that the retired civil servants who are appointed to the
Tribunals are interested in saving their job rather doing justice to civil servants
litigating before them
Therefore, it will be better to appoint fresh Judges as
chairman/member of tribunals.
 The Service Tribunals
(RECOMMENDATIONS)

SECURITY OF TENURE OF OFFICE FOR CHAIRMAN

AND MEMBERS:

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.
 The Service Tribunals
(RECOMMENDATIONS)

INDEPENDENCE OF THESE TRIBUNALS FROM THE

EXECUTIVE:

The service tribunals have not so far developed into

independent judicial bodies. The appointment and removal of
chairman and members of these tribunals should be
independent rather in the hands of the executive of the
federation or provinces, as the case may be.
 The Service Tribunals
(RECOMMENDATIONS)

POWER TO PASS INTERIM ORDERS:

There is no specific provision in any of the laws relating to

service tribunals regarding passing of interim orders,
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.
 The Service Tribunals
(RECOMMENDATIONS)

INEFFECTIVE DEPARTMENTAL REMEDIES:

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. Therefore, 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 persona recommendations or, may be times for
some other consideration. Situation should be addressed.
 The Service Tribunals
(RECOMMENDATIONS)

LACK OF AUTHORITY FOR EXECUTION OF ORDERS:

Service tribunals have not been vested with authority to

execute their own orders. They have no power to punish for
contempt of court. Consequently, their orders are frequently
ignored. This weakness has greatly undermined the authority,
prestige and public confidence in these tribunals. Reforms are
required in this respect as well.
 The Service Tribunals
(RECOMMENDATIONS)

RIGHT OF APPEAL AND REVIEW:

The appeal provided against decisions of service tribunals is

restricted to the Supreme Court of Pakistan only on grant of
special leave and not as a matter of right. Being the highest
court in the country and is already over-burdened, the chances
of grant of leaves to appeal are minimum. 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 the same