Any civil servant aggrieved by any order whether original or appellate department authority made under Punjab Civil Servant Act. 1974 in respect of terms and conditions of Civil Service and disciplinary matters may be challenged in appeal before Service tribunal under section 4 of Punjab Service Tribunal Act, 1974.
2. Relevant Provisions
Following are the relevant provisions
(i) Section 4 and 5 of Punjab Service Tribunal Act, 1974
(ii) Cross Reference: Section 4 and 5 of Service Tribunal Act, 1973.
3. Definition of Administrative Tribunal
According to Black Law Dictionary “Administrative Tribunals means a particular administrative agency before which a matter may be heard or tried as distinguished from judicial forum.”
4. Person who can appeal to service tribunal under section 4
Any Civil Servant aggrieved a any order, whether original or appellate made by a departmental authority in respect of the terms and conditions of his Servant may file an appeal to the tribunal.
5. Appeal lies to which bench
(i) In case of penalty of
(i-a) Dismissal from Service,
(i-b) Removal from Service,
(i-c) Compulsory retirement or
(i-d) Reduction to a lower post or time scale or to a lower stage in a time scale;
appeal shall be preferred to full bench.
(ii) In other case
In any other case, appeal shall be preferred to single bench.
(6) Exclusive Jurisdiction of Tribunal
Questions relating to terms and conditions of Service of Civil Servants can only be entertained by service tribunals and High Court has no jurisdiction in respect of such matters by virtue of bar contained in article 212 of 1973 constitution of Pakistan.
Civil Servant may file an appeal within 30 days of communication of departmental order to him when no departmental remedy is available than the Civil Servant had the choice either to filing appeal immediately on the expiry of 90 days from the date of filing of departmental appeal, or he could have waited for the decision of the same and filed appeal within 30 days thereof.
(8) Appeal against decision of Tribunal
An appeal against decision of Service tribunal lies to Supreme Court by virtue of Article 212(3) of the 1973 constitution of Pakistan.
To conclude 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.