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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.
Classifications of penalties: Penalties are categorized into two classes, i.e., minor and major penalties. Detail is
as follows:
c)Stop of promotion.
c)Compulsory retirement.
Powers of Inquiry Officer and Inquiry Committee: Law prescribes following powers to IO and IC:
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.
2.Limitation for appeal is thirty days from the date of communication of the order.
1.Fixation of venue:
2.Fixation of day:
3.Fixation of time:
5.Requiring of record:
6.Regular hearing:
1.May dismiss appeal where there is no sufficient ground for interfering exists.
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 (BQj): Appeal is not allowed where government has passed original order. However petition
can be filed for revision to government.
Revision (Aj ): Government can call the record from any authority to satisfy on the followings:
7.Limitation for revision against punishment or exonerating (acquittal, vindication) is one year.
2.Department recommends:
1.Competent authority:
2.Officer authorized:
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. Crossexamination 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:
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.
1.Probation definition:
2.Kinds:
3.Original appointment:
4.Deputation:
i)Confirmation:
ii)Reversion:
Termination of service without notice: Following are the circumstances under which service of the civil
servant can be terminated without notice:
2.Normal procedure:
a)Corrupt:
b)Notice: s
c)Defence:
a)During probation:
Exceptions:
(1)Where probation of transfer:
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.
2.Conditions:
a)Maximum qualification:
b)Senioritycumfitness:
c)Recommendation of board/committee:
e)Vacant post/vacancy:
3.Kinds of posts:
a)Seniority:
i)Selection through initial appointment: As per merit list, which is, prepared time to time.
b)Suitabilitycumfitness:
i)Mental capabilities:
ii)Professional services:
iii)Character:
7.Reasons:
b)More integrity/diligence:
c)Financial integrity:
a)No right:
b)Discretionary:
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.
1.Who can prefer appeal: Only aggrieved person can prefer appeal.
2.Appealable 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.
a)During pendency:
c)Suitability:
a)Written:
b)Paragraphs:
c)Name of parties:
d)Required remedy:
f)Copy of grounds:
g)Signatures:
c)Scrutiny:
d)Completion of essentials:
e)Dismissal in liminie:
g)Fee of notice:
h)Contents of notice:
i)Service of summon:
ii)Proclamation:
8.Objection of respondent:
9.Exparte: Where is no reply.
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