Updated: Thursday January 14, 2010/AlKhamis Muharram 29, 1431/Bruhaspathivara Pausa 24, 1931, at 07:12:15 PM

Course Contents:

1.      The course contents would be the Basic Principles of Law of Civil Service, with reference to Federal statutes as applicable to Pakistan.

Book Recommended:

1.      A Hand Book for the Punjab Civil Service Laws by S. A. Abid and S. A. Haider.

Ground of penalty: Penalty cannot be imposed unless some material facts do not prove the guilt on the part of employee. Following are the guilt on the part of employee:

1.      Cessation of efficiency.

2.      Guilty of misconduct.

3.      Commission of corruption.

4.      Engagement in subversive (seditious, rebellious) activities.

5.      Association with subversive activists.

6.      Guilty of the disclosure of official secrets.

7.      Retention in service is prejudicial (disadvantageous, injurious, counterproductive) to national security.

Classifications of penalties: Penalties are categorized into two classes, i.e., minor and major penalties. Detail is as follows:

1.      Minor penalties such as: Following are minor penalties:

a)      Censure (criticism, condemnation, or disapproval).

b)      Withholding of financial advancement such as stop of increment.

c)      Stop of promotion.

d)     Stoppages at efficiency brain the time-scale.

2.      Major penalties: Following are major penalties:

a)      Demotion (reduction to lower grade).

b)      Recovery of loss caused to government.

c)      Compulsory retirement.

d)     Removal from service. It does not disqualify from future service.

e)      Dismissal from service. It disqualifies from future service.

Holding of inquiry: Inquiry is held in such the following way:

1.      Authority may initiate proceedings.

2.      Authorized officer by the authority may also hold inquiry.

Powers of Inquiry Officer and Inquiry Committee: Law prescribes following powers to IO and IC:

1.      Summoning and enforcing the attendance of the person.

2.      Requiring and production of the documents.

3.      Receiving evidence on affidavits.

4.      Issue of commission for the examination of witnesses or documents.

5.      The proceedings under these rules shall be deemed to be judicial proceedings within the meaning of Ss. 193 and 228 of the Pakistan Penal Code.

Appeal: Appeal follows the rules such as:

1.      Appeal can be made in the form of writ to authority prescribed.

2.      Limitation for appeal is thirty days from the date of communication of the order.

3.      Writ is preferred in writing.

4.      Writ is set forth concisely the grounds of objection.

5.      Writ contains respectful and proper language.

6.      Writ is filed with the authority made original orders.

7.      Appeal is forwarded to appellate authority within a fortnight with comments.

Hearing of appeal: Following procedure is adopted to hear appeal:

1.      Fixation of venue:

2.      Fixation of day:

3.      Fixation of time:

4.      Information to penalty imposition authority:

5.      Requiring of record:

6.      Regular hearing:

Determination of appeal: Appellate authority has certain powers such as:

1.      May dismiss appeal where there is no sufficient ground for interfering exists.

2.      May reverse the finding and acquire the accused.

3.      May order for further or fresh inquiry.

4.      May reduce the penalty.

5.      May enhance the penalty.

Second appeal: Second appeal cannot be made in each and every case. It can be preferred only in the cases where penalty is enhanced by the appellate authority.

Second appeal can be preferred to next higher authority within thirty days of the communication of the orders.

Review (BQ j): Appeal is not allowed where government has passed original order. However petition can be filed for revision to government.

Determination of the review is upto the sole discretion of government.

Revision (Aj): Government can call the record from any authority to satisfy on the followings:

1.      Correctness of the record.

2.      Legality of the proceedings.

3.      Propriety (fitness) of any finding.

4.      Penalty or order recorded.

5.      Regularity of the proceedings.

6.      Government may order further inquiry.

7.      Limitation for revision against punishment or exonerating (acquittal, vindication) is one year.

How inquiry is determined: Only following authorities determines inquiry:

1.      Only competent authority under law:

2.      Department recommends:

Who can hold inquiry:

1.      Competent authority:

2.      Officer authorized:

Procedure: Following is the procedure:

1.      Composition of Inquiry Officer or Inquiry Committee by competent authority: s

2.      Frame of charge:

3.      Demand of written statement: It may take seven to fourteen days time period.

Procedure on inquiry: Inquiry Officer or Inquiry Committee holds inquiry. Following procedure is observed:

1.      Record of evidence: Upon the receipt of record, evidence is recorded in either way oral or documentary. This evidence may either be in support or against the charges imposed to civil servant.

2.      Cross-examination of witnesses: Where party produces witnesses, opponent party is at liberty to cross-examine the witnesses.

3.      Submission of explanation: Accused is bound to furnish explanation of the charges imposed to him within stipulated time period. The inquiry officer provides such time limitation. Where accused fails to submit explanation, further inquiry is proceeded.

4.      Regular hearing: Inquiry is held day to day without unnecessary adjournments. Where adjournment becomes necessary, it can be granted. It shall not be extended beyond a week.

5.      Warning on hampering (delay): Where during the inquiry it reveals that accused is hampering or attempting to hamper the inquiry, inquiry officer or committee may warn the accused to stop such practice.

6.      Best suited inquiry: Where inquiry officer feels that warning has no affect on accused, and accused has defeated inquiry, he may proceed at his option in such a way so that substantial justice can be done. He also records the finding of disregard of warning.

7.      Medical check up upon sickness: Where accused requests for medical leave, a Medical Board shall examine him at his residence, address of which accused has provided. Leave without sanction shall be considered hampering or attempt to hamper the inquiry. Leave must be sanctioned for absence on medical grounds. Leave can be granted upto seven days without the permission of Medical Board where inquiry officer thinks fit.

8.      Limitation of completion of inquiry: Sixty days time period is provided under law to complete the inquiry. Such limitation is commenced when accused submits his defense.

9.      Submission of inquiry: Inquiry officer has to submit his inquiry within ten days after its completion. The competent authority may extend period for the submission of inquiry.

10.  Penalization of accused: Accused against whom inquiry has been completed and submitted, following procedure is adopted for his penalization:

a)      Determination of inquiry: Only authorized officer may determine whether the charges have been proved against the accused.

b)      Imposition of minor penalty: Where inquiry officer proposes the imposition of minor penalty, authorized officer imposes such penalty after giving reasonable opportunity of show cause to accused.

c)      Imposition of major penalty: Where inquiry officer purposes imposition of major penalty authorized officer forward case to authority alongwith charge sheet. Before proceeding case to authority, opportunity to show cause is provided to accused.

d)     Where are more accused: Only authority determines whether who is subject of minor or major penalty.

e)      Personal presence:

f)       Powers of IC or IO:

i)        To issue summons:

ii)      To take evidence on oath:

iii)    Compel to give evidence:

g)      Documents which are provided to authority: Following documents are provided to authority for determination of the major penalty:

i)        Charge sheet.

ii)      Statement of allegations.

iii)    Explanation of the accused.

iv)    Findings of the inquiry officer or committee.

v)      Recommendation of the authorized officer.

1.      Probation definition:

2.      Kinds:

a)      With regard to original appointment:

b)      With regard to promotion:

c)      With regard to transfer:

3.      Original appointment:

4.      Deputation:

5.      Status under probation:

a)      Original: His services either can be confirmed or terminated.

b)      Promotion or transfer: Following treatment can be proceeded:

i)        Confirmation:

ii)      Reversion:

iii)    No termination: Because his right of employment has been recognized.

6.      Duty under probation:

7.      Procedure under probation:

Termination of service without notice: Following are the circumstances under which service of the civil servant can be terminated without notice:

1.      Principles of natural justice:

2.      Normal procedure:

a)      Corrupt:

b)      Notice: s

c)      Defence:

3.      When without notice:

a)      During probation:

Exceptions:

(1)   Where probation of transfer:

(2)   Where probation of promotion:

Reasons: Because his right of employment has been established.

b)      Ad hoc appointment:

i)        Where is no replacement: It requires replacement.

ii)      No where is no replacement: There is no termination.

iii)    One months notice:

c)      Abolition of post:

d)     Reduction of post: Where post has been reduced then service can be terminated without notice. Junior most person is terminated first under this criterion.

Principles for out of turn promotion u/s 8: Law provides grounds for such promotion.

1.      Promotion: It is a switch over from lower to higher post.

2.      Conditions:

a)      Maximum qualification:

b)      Seniority-cum-fitness:

c)      Recommendation of board/committee:

d)     Passing examination: If any.

e)      Vacant post/vacancy:

3.      Kinds of posts:

a)      Selection: It is post, which is filled in by advertisement.

b)      Non-selection: It is departmental selection.

4.      Promotion on selection post: It follows merit.

5.      Promotion on non-selection posts:

a)      Seniority:

i)        Selection through initial appointment: As per merit list, which is, prepared time to time.

ii)      Where appointment by promotion or transfer: It is counted from such date.

iii)    Seniority lists: They are prepared time to time.

b)      Suitability-cum-fitness:

i)        Mental capabilities:

ii)      Professional services:

iii)    Character:

6.      Out of turn promotion:

7.      Reasons:

a)      Exhibit exemplary intellect:

b)      More integrity/diligence:

c)      Financial integrity:

d)     High standard honesty:

e)      Extra ordinary performance:

8.      Judicial responsibility: Judiciary decides whether he posses such capabilities.

9.      Whether promotion is right:

a)      No right:

b)      Discretionary:

c)      May set examination:

d)     Promotion to most senior:

10.  Where no promotion on eligibility:

a)      Civil suit: Suit can be instituted in civil court provided Service Tribunal is incompetent to hear the matter.

b)      High Court: Suit can be instituted in High Court provided Service Tribunal is incompetent to hear the matter.

11.  Effects of punishments: Promotion is ceased upon punishment.

Who can prefer appeal: Following are conditions:

1.      Who can prefer appeal: Only aggrieved person can prefer appeal.

2.      Appeal-able matters:

a)      Appointment:

b)      Termination:

c)      Promotion:

d)     Seniority:

e)      Retirement:

f)       Misconduct:

3.      Conditions: Where is not alternative remedy available by the department.

4.      Limitation: U/s 4 thirty days limitation is provided. Where review is allowed, appeal is not allowed. Ninety days is limitation where review is preferred.

5.      Where no appeal is allowed:

a)      During pendency:

b)      Where departmental appeal is allowed:

c)      Suitability:

d)     Where order is before July 01, 1969:

6.      Essentials of memorandum of appeal:

a)      Written:

b)      Paragraphs:

c)      Name of parties:

d)     Required remedy:

e)      Copy of order of competent authority:

f)       Copy of grounds:

g)      Signatures:

7.      Three copies of each memorandum:

a)      In the name of Registrar: Through registered letter.

b)      To member also:

c)      Scrutiny:

d)     Completion of essentials:

e)      Dismissal in liminie:

f)       May admit and inform:

g)      Fee of notice:

h)     Contents of notice:

i)        Service of summon:

i)        Through registered mail:

ii)      Proclamation:

8.      Objection of respondent:

9.      Ex-parte: Where is no reply.

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