Introduction
According
to Punjab Civil Service Tribunal Act, Governor has been powered to establish
one or more Service Tribunals. And when more than one Tribunals are
established, Governor is to specify territorial jurisdiction of such Service
Tribunal and can also specify class or classes of civil servants to exercise
jurisdiction of such Service Tribunal.
Definition
Tribunal
can be defined as that government institution, which is though established
outside ordinary court system, yet it is to from judicial, quasi-judicial or
administrative functions. In other words, tribunal is that body, which is to
settle dispute between parties and which is to perform administrative as well
as judicial function. However, it is not a court in complete sense.
Composition of Service Tribunal
According
to Punjab Service Tribunal Act, following points important to explain it,
(i)
Chairman of Service Tribunal
A
Service Tribunal consists of a chairman, and chairman should be that person,
who has been or is qualified to be a judge of a High Court.
(ii)
Members of Service Tribunal
A
Service Tribunal consists of that number of members, which is determined by
provincial government. And these members should possess prescribed qualifications.
(iii)
Appointment of Chairman and Members
Chairman
and members of a Service Tribunal are appointed by Governor on determined terms
and conditions.
(iv)
Resignation of Chairman and Members
Chairman
or member of a Service Tribunal can send his written resignation to Governor.
(v)
Office of Profit in Service of Pakistan
Chairman
or member of a Service Tribunal cannot hold any other office of profit in
service of Pakistan if his remuneration is increased.
Function or Powers of Service of Tribunal
Following
are the Powers and Function of Service Tribunal
(a)
Power of confirm order
On
appeal, Service Tribunal possesses power to confirm that order against which
appeal has been filed.
(b)
Power to set aside order
On
appeal, Service Tribunal possesses power to set aside that order against which
appeal has been filed.
(c)
Power to vary order
On
appeal, Service Tribunal possesses power to vary that order against which
appeal has been filed.
(d)
Power to Modify Order
On
appeal, Service Tribunal possesses power to modify that order against which
appeal has been filed.
(e)
Powers under Civil Procedure Code
For
purpose of deciding any appeal, Service Tribunal is considered a civil court,
and therefore, possesses following powers under Civil Procedure code
(e-i)
Attendance of any person
Service
Tribunal possesses power to enforce attendance of any person.
(e-ii)
Examination of Person on oath
Service
Tribunal possesses power to examine a person on oath, and this person is that
person whose attendance is enforce by Service Tribunal.
(e-iii)
Production of Documents
Service
Tribunal possesses power to compel production of documents.
(e-iv)
Issuing of commission
Service
Tribunal possesses power to issue commission of examination of witnesses and documents.
Conclusion
To conclude,
It can be stated that a service Tribunal has exclusive jurisdiction in respect
of those matters, which are about terms and conditions of service of civil
servants. And disciplinary matters are also included into these terms and conditions.
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