1 Administrative law

Administrative law notes prepared

By

Ahmed Khoso
For Examinations of 2014,
SM Law College Karachi
2 Administrative law

Administrative law and service law of Pakistan

1. Theory of the separation of powers

2. Define Administrative law? What factors also responsible for the development and
evolution of admin law also explain its form in detail?
3. What is the distinction between constitutional law and administrative law?
4. Q. What are the constitutional remedies available under the principle of administrative
law?
5. Q: What do you mean by judicial review of administrative actions?
6. What are the principles of natural justice?
7. Delegated legislation?
8. The federal ombudsman (Wafaqi Muhtasib)
9. What is different between promotion and out turn promotion?
10. Define Misconduct and its penalties imposed on civil servant if proved guilty?
11. What is difference between tribunals and ordinary courts?

Short Notes:
1. Locus standi;
2. Aggrieved Person;
3. Rule of evidence;
4. Plea of bargaining;
5. Dismissal from service;
6. Aggrieved Party:
7. Probation-
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Theory of the separation of powers

Theory of the separation of powers

The theory of separation of power divides the powers of Federal government in three separate
branches, According to political writer Aristotle who recognized that, state should have three
functions;

1. The legislative (having the power to make laws)

2. The executive (to implement the policies and laws)
3. The judiciary (interpret the laws)

Under the theory of separation of power each branch is independent and has separate powers
and functions they cooperate and also prevent one another to assume to much powers and
keep check and balance,
Montesquieu theory
Montesquieu explained his theory in this word: “in every government there are three kinds of
powers: Legislative, Executive and judicial. The freedom of individuals does not like all the these
powers in the hands of one man nor two of them to enjoy which may cause for violation for
fundamental rights.
(1). When the legislative and executive powers are united in the same person or body, there
can be no liberty, because the legislator, who is also law maker, might make and enforce the
laws in his own favor.
(2). If the judicial power is connected with the legislative , the life and liberty of the person will
be exposed to arbitrary control, then the judge would be the legislator.
(3). Where the judicial power joined to the executive power, the judge might behave violence
and oppression.
(4). There would be an end of everything if the same man or the same body, exercise those
three powers,
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Define Administrative law? What factors also responsible for the development and evolution
of admin law also explain its form in detail?

Definition of administrative law;

Administrative law is body of rules that allow to create administrative agencies to implement
the policies and laws in form of rules and regulation and judicial decisions for the protection of
the public administration in local areas, administrative law is as old as administration since
ancient period those are not seen separate to one another. Administration law is based on the
principles of natural justice. That no one will be condemned without giving him fair opportunity
to hear. In which judgment should be free from bias; this law define the right and duties of
private individual, during dealing with the public officials and also indicate the process by which
right and liabilities can be enforced.
Principles of Administrative law;
The concept of Administrative Law is founded on the following principles:
1. Power is conferred on the administration by law
2. No power is absolute or uncontrolled.
3. There should be reasonable limits on exercise of such powers depending on the situation.
Importance of Administrative law;
Importance of administrative law can be realized, by its existence ancient period,But in this
period administrative law has much importance to govern the public agencies, in local areas, if
it did not exist then the concept of democracy and government to work for people would be
self defeating, and there would be no responsibility and accountability of the public officials to
anybody and no check and balance,
REASONS FOR GROWTH:
Some of the reasons and factors are responsible for the rapid growth of Administrative law in
20th century. Relations of the public authorities with the citizens have been deeply changed.
Citizens were not directly involved in the administration in the earlier days. But today the
citizens are closely isolated with the state Administration. The Administrative law, has
therefore, developed.
In Pakistan, administrative law owes its development to the provisions provided in the
constitution of Pakistan. Beside this, there are institutions of provincial and federal ombudsman
looking after the individual grievances against government agencies. But, since mostly people
are not quite well aware of their constitutional rights and also due to expensive and time
consuming process, the development of administrative law is obviously very slow. In Pakistan as
compare to U.K and USA;
5 Administrative law

What is the distinction between constitutional law and administrative law?

Constitutional law and administrative law both are concerned with functions of government,
both are a part of public law in the modern state and the sources of the both are the same. The
administrative law is but an addition of the constitutional law.
Keith English writer observed:
“It is logically impossible to make a difference between administrative and constitutional law
and all attempts to do so are artificial”.
According to Holland, “Constitutional law describes the various organs of the government at
rest, while administrative law describes them in motion”
Following are the main differences between constitutional and administrative law

Constitutional Law:

It is the supreme and highest law of the country. No law can be regarded above constitutional
law. It mainly deals with various organs and structure of a state.
It holds all the branches of law and gives guidelines with regard to the general principal relating
to organization and powers of organs of the state, and about international and relations
between citizens and state.
Constitutional law deals with the general principal of state pertaining to all branches and
defines constitutional status of Ministers and public servants. It penalizes the administrators, if
they are found violating the fundamental rights of the citizens and also promote for
implementation of social welfare schemes.
The constitutional laws have complete control on the administrative law and administrators of
the country.

Administrative Law:

Administrative law is not supreme law of the country but it subordinate to the constitutional
law. It is the species of Constitution law which deals with the organs and various functions of
the state in motion. And doesn't with all branches of law and international law, rather it define
the powers and functions of administrative authorities. Administrative law deal with the
powers and functions of administrative authorities, including services, public departments, local
authorities and other statutory bodies exercising administrative powers, quasi judicial powers,
etc. It is concerned with the organization of the services or the working of the various
government departments. The administrators should perform their functions within respect to
constitutional law.
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Q. What are the constitutional remedies available under the principle of administrative law?

Ans: In most cases the remedy will attempt to deal with and ultra vires act or decision of an
administrative agencies in proceeding before the high court, which has the inherent power to
review the legality of the actions and decisions of administrative agencies and inferior courts
the judicial remedies for ultra vires actions and decisions are the declarations, injections.
The constitution of Islamic republic of Pakistan has provided a number of remedies against any
administrative action by the administrative age3ncies which are not lawful in the eye of law.
Following are the remedies;
1. Fundamental Rights:
Articles 8 to 28 of the constitution enumerate all these rights of the citizens as are protected
and preserved under the constitution. the very conception of a fundamental right is that it
being a right guaranteed by the constitution cannot be taken way by the law, and it is not only
technically in artistic but a fraud on the citizens for the makers of the constitution to say that a
right is fundamental but that it may be3 taken way by the law” PLD 1957-SC-9: PSCR 1957-1. It
is, therefore quite obvious that no law can be made which violate any of the fundamental
rights.

1. Writ Jurisdiction:

The writ jurisdictions exercised by the Supreme Court and High court, for the enforcement of
fundamental rights, Writs are meant as prerogative remedies in English law because they were
originated in the king's prerogative power of superintendence over the due observance of law
by his officers and tribunals. Prerogative writs are extraordinary remedies. When ordinary legal
remedies seem inadequate, in exceptional cases, where there is no effective and speedy justice
available to the aggrieved person. Writs are applied. [PLD – 1960 Pesh. 63]

Article- 199 of the constitution: (1) has, empowered a high court that it may, if it is satisfied
that no other adequate remedy is provided by law, on the application of any aggrieved party,
make an order.
directing a person performing, within the territorial jurisdiction of the Court, functions in
connection with the affairs of the Federation, a Province or a local authority, to refrain from
doing anything he is not permitted by law to do, or to do anything he is required by law to do;
or
(ii) declaring that any act done or proceeding taken within the territorial jurisdiction of the
Court by a person performing functions in connection with the affairs of the Federation, a
Province or a local authority has been done or taken without lawful authority and is of no legal
effect; or
(b) on the application of any person, make an order –
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(i) directing that a person in custody within the territorial jurisdiction of the Court be
brought before it so that the Court may satisfy itself that he is not being held in custody
without lawful authority or in an unlawful manner; or
(ii) requiring a person within the territorial jurisdiction of the Court holding or purporting to
hold a public office to show under what authority of law he claims to hold that office; or
(c) (1) on the application of any aggrieved person, make an order giving such directions to
any person or authority, including any Government exercising any power or performing
any function in, or in relation to, any territory within the jurisdiction of that Court as may be
appropriate for the enforcement of any of the Fundamental Rights conferred by Chapter 1 of
Part II.
(2) Subject to the Constitution, the right to move a High Court for the enforcement of any of the
Fundamental Rights conferred by Chapter 1 of Part II shall not be abridged.
(3) An order shall not be made under clause (1) on application made by or in relation to a
person who is a member of the Armed Forces of Pakistan, or who is for the time being subject
to any law relating to any of those Forces, in respect of his terms and conditions of service, in
respect of any matter arising out of his service, or in respect of any action taken in relation to
him as a member of the Armed Forces of Pakistan or as a person subject to such law.
(4) Where –
(a) an application is made to a High Court for an order under paragraph (a) or paragraph (c) of
clause (1), and
(b) the making of an interim order would have the effect of prejudicing or
interfering with the carrying out of a public work or of otherwise being
harmful to the public interest 3[or State property] or of impeding the assessment or collection
of public revenues,
The Court shall not make an interim order unless the prescribed law officer has been given
notice of the application and he or any person authorized by him in that behalf has had an
opportunity of being heard and the Court, for reasons to be recorded in writing, is satisfied that
the interim order—
(i) Would not have such effect as aforesaid; or
(ii) Would have the effect of suspending an order or proceeding which on the face of the
record is without jurisdiction.
(4A) An interim order made by a High Court on an application made to it to question the validity
or legal effect of any order made, proceeding taken or act done by any authority or person,
which has been made, taken or done or purports to have been made, taken or done under any
law which is specified in Part I of the First Schedule or relates to, or is connected with, State
property or assessment or collection of public revenues shall cease to have effect on the
expiration of a period of six months following the day on which it is made:
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Q: What do you mean by judicial review of administrative actions?

Ans. It may mentioned that in Pakistan law, apart from departmental appeals on the executive
side, the judicial remedy lies only in the prerogative writs, which the superior courts are
empowered to issue.
Writ- meaning – it is directive from a court of law to any person to do a certain act or refrain
from doing certain act. It is directed to the body or officer whose determination or decision is to
be reviewed, or to any other person having the custody of the record or other paper to be
certified- [PDL -1956 SC)Ind.)1]
Judicial review of administrative actions-
The following writs may be issued:
1. Writ of certiorari; A writ of certiorari is an order of higher court in order to examine the
validity of certain judicial or quasi- judicial orders passed by lower courts. To examine their
validity to ensure there were not any irregularities when a court issues a writ of certiorari.

2. Writ of Mandamus; A writ or order that is issued from a court of superior jurisdiction that
commands an inferior tribunal, or individual to perform, or refrain from performing, a
particular act, the performance or omission of which is required by law as an obligation. It is
an extraordinary court order is issued by a court at any time that it is appropriate, but it is
usually issued in a case that has already begun.

3. Writ of habeas corpus; (You have the body) The writ of habeas corpus is an extraordinary
remedy because it is power of court to release a prisoner if court is satisfied that he or she
is being held in unlawfully, which is violation of fundamental right.

4. Quo Warranto; Quo Warranto is a prerogative writ requiring a person to show by what
authority he or she claims a public office, or what authority they are exercising some right
or power they claim to hold.

5. Writ of prohibition; A writ of prohibition is an extraordinary remedy, An order from a

superior court to a lower court or tribunal directing the judge and the parties to discontinue
the proceedings because the lower court does not have proper jurisdiction to hear or
determine the matters before it.
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What are the principles of natural justice?

The concept of natural justice has been taken from Romans, The principles of natural justice
implies, fairness, reasonableness, equity and equality, Natural justice is based upon the moral
feelings of Mankind. The English legal system and system of other nations are based on it. The
Judicial and quasi-Judicial authorities adopt this principle before coming to the judgment of
case. The traditional English legal system recognize two main principle of Natural Justice.

1. Doctrine of Audi Alteram Partem. ‘Hear the other sides’

2. Nemo Index causa sua. ‘ No man shall be judge in his own case’

Doctrine of Audi Alteram partem. ‘Hear the other sides’

It means hear the other side. This doctrine cleared that if anyone is accused; he shall not be
condemned before giving the fair opportunity to hear him, When any case comes before the
adjudicating body, it is necessary that adjudicating authority must provide fair opportunity to
both parties to present their case before it. And each person should be treated in the same
way by the legal system no matter who they are and what position they hold in society. No one
shall be panelized by such judgment which violates their fundamental rights.

Doctrine of Nemo Index causa sua. ‘ No man shall be judge in his own case.

This doctrine is fundamental principle of natural justice that no person can be judge in a case in
which he has an interest. Because in this situation judge may not be in position to act judicially
and decide matter objectively- This principle is very strictly applied in possibility of bias, even if
there is no existence of it. Because, “Justice must not only be done, but must be seen to be
done".

Freedom from bias; The matter of litigation will disqualify any person to act in the as judge in
the case in which he personal bias of any relationship arises between the deciding authority
and accused party.
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Delegated legislation?
Ans; Delegated legislation is law made by an executive authority, through given powers by an
act of parliament in the primary legislation to implement, and administer the requirements of
Primary legislation Delegated legislation allows the government to make changes without
completely making of new act of parliament.

Emergence and development of delegated legislation;

Byelaws

Byelaws are rules made by a local authority to regulate its own affairs in their region. Because
the primary legislation has delegated these powers to the administrative authorities to
implement the government policies in local area like districts and towns and corporations in
the regional capacity. So a council can make byelaw affecting the whole region. Byelaws are
created for the purpose when there is no general legislation to deal with the issue of the people
in local area. If any council wishes to make byelaw it must advertise and allow people to
examine it before it goes for approval.

Regulation;

The rules passed by the executive branch of government are called regulation. Which
implement the policies and function, of administrative agencies including law making,
administrative authorities are often called bureaucracy, Regulations are official rules, it is
necessary to be followed, and Regulation can also be based on to carry out a specific part of
legislation such as protection of the environment.

Rules
Rule is set of regulations or principles governing conduct or procedure within a particular area
in which action or procedure is intentionally conformed. That what to do or not to do in a
particular situation, issued by an administrative agency or body. It clarifies, or interprets a law
or policy. Before making any rule certain formalities should be completed. The making of rule
should be attended by certain formalities, e.g. Publication in government gazette, any
document will not be considered rule if it has not been published in official gazette.

Order in Council.
This is kind of legislation in many countries, specially an independent democratic states, In the
United Kingdom this legislation is formally made in the name of the Queen by the Privy Council,
but in other countries the terminology may be different. This type of delegated legislation
11 Administrative law

effectively allows the government to make legislation without going through parliament. Its
main use today, However the Privy Council has power to make law in emergency situations
under the emergency powers act, and the civil contingencies act,

The federal ombudsman (Wafaqi Muhtasib)

The institute of federal ombudsman was established on presidents order no 1. Of 1983, for
investigation and rectification of injustice done by official in administrative agencies through
maladministration,

Function of Ombudsman

The ombudsman on the application of any aggrieved person or reference by president, national
assembly or on the motion of supreme court, high court or on his own motion, may undertake
any investigation into the allegation of maladministration done by employer, any department
or agency or any office related to the federal or any institute performing duties in control of
Federal government, but the ombudsman will not undertake any investigation related to the
external affairs of Pakistan or Armed forces of Pakistan in the respect of his term and conditions
of service.

Important role of ombudsman

1. The ombudsman provide forum to the aggrieved person for speedy remedy against
administrative agencies.
2. Any matter of maladministration brought before the ombudsman shall be raised up by
ombudsman in concerned agency or department, to provide remedy to the applicant,
office of ombudsman is not only protector but reformer in administration.
3. Injustice in condition of maladministration in any department if not controlled by the
ombudsman and if he thinks may present special report to the president, and the
president’s discretion to direct concern agency or department to implement the
recommendation informed by the ombudsman.

Legal powers of ombudsman

Following are the legal powers of ombudsman.

1. The ombudsman has power to issue suo-moto notice in allegation of maladministration

which is should be in public interest. And if he thinks fit may refer case to the president.
 12 Administrative law

2. Ombudsman may summon and enforce for attendance of any person, or production of
any document or record he may inter in any premises for search of official requirements
for investigation. Also compensate if maladministration is proved.

Freedom of Investigation

Section 19 of the freedom of investigation ordinance play role for ombudsman, ensuring that
no applicant is denied for right of obtaining information to which he has right of access.

What is different between promotion and out turn promotion?

1. If the civil servant hold such qualifications which are mentioned in the rule of departments for
the eligibility of higher post, may be promote for that post.
Provided that
a. The post of additional secretary and senior joint secretary may be filled through the process of
the promotion among those officers are occupationally holding services on regular basis may be
post in basic scale-20 in public interest. And
b. The post of secretary may also be filled by the promotion amongst officers of regular
constituted occupational groups are holding services on regular basis, may post in basic scale
21- in manner prescribed in conditions.
2. A post referred in sub-section (1) Either a selection post or non selection post to which
promotion shall be made as may be Prescribed.
a. In case of selection post, in the basic of basis of merit,
b. In case of non selection post, on the basis of sonority cum fitness.
3. Promotion of post in basic pay scale 20 and 21 shall be made on the recommendations of a
selection board headed by the chairman Federal Public service commission.
Above mentioned out of turn promotion made on merit cum fitness,
While the regular promotions are made on the basis of the seniority of employees, out of turn
promotion has not been specifically defined in civil service act 1973.
13 Administrative law

Define Misconduct and its penalties imposed on civil servant if proved guilty?

Misconduct in public office by a civil servant in his official capacity is an offence, which affects
the performance of official duties. When the civil servant acts or fails to act which becomes
cause for a breach of the duties of that office. Angry and abusive language is considered
misconduct in the workplace; Attempt to bring political or any other influence directly or
indirectly to bear on any government officer in respect of any matter relating to the
Appointment, promotion transfer, retirement or other conditions of service of a government
service.

The various Penalties-

(B)- The various Penalties- The following are the minor and major penalties, namely-

(a) Minor Penalties-

I. Censure
II. Withhold promotion, increment and financial funds for a specific time in accordance
with pertaining the rule or order of service or post.
III. Stop to work on his capabilities or efficiencies in his time scale or declare unfit or
disqualify for crossing the service rules.
IV. Make sure recovery of financial funds or any other loss to government office due to
his negligence intentionally or unintentionally in breach of orders.
(b) Major Penalties-
I. Reduction to lower post or time scale, or to lower stage in a time scale.
II. Compulsory retirement.
III. Removal from service
IV. Dismissal from service
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What is difference between tribunals and ordinary courts?

There are many ways to resolve disputes, in which it is not necessary to stand before a judge in
court and wait for a judgment. Tribunals and courts both are for established to resolve the
matters of public, both are independent, and separate, from the legislative and executive
branches of government. In tribunal case may be heard only by judge or by couple of experts if
matter is complicated. Tribunals may not allow people to represent lawyer, who cross-examine
the witness, instead of courts administrative tribunals are less expensive and less formal than
courts, where resolution of disputes take place easily in peaceful manner. It is responsibility of
the adjudicators to conduct fair hearing and make final decision on the basis of evidence,
legislation case law or policies relating to matter, on issue brought before them. An aggrieved
person may appeal in higher court against decision of court or tribunal, however there are lot of
differences, as are follows.

Court vs Tribunal

1. rules of evidence are difficult process for a courts while tribunals easily approach to
these rules,
2. In courts people are rarely given chance to speak himself but lawyers. On the other
hand, tribunals encourage people to stand up and speak and lawyers have little role to
settlement the disputes.
3. The Courts have wide jurisdiction and authoritative to order imprisonment and tribunals
have less powers and focus in a particular area.
4. Proceedings in courts are very expensive and time consuming, but tribunals have
adopted cheaper and quicker way for resolution.
5. Tribunals are informal in the sense that there are no special dress codes for different
people. On the other hand, courts have a strict code of procedure.
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Short Notes:

1. Locus standi;

The principles of locus standi or standing determine who is entitled to bring a particular dispute
before the court. They can thus be distinguished from the principles which determine whether
a particular matter is suitable for adjudication in the courts, whether a particular matter is one
of public law, and what proceedings may be used to challenge the decision.
There are many people who may consider that they are affected or have an interest in an
administrative decision. Consider, for example, the range of persons who might be said to have
an interest in a decision to close a school because of falling numbers. The list will obviously
include persons whose children will have to start new schools and persons who are concerned
about the financial implications of the closure for the local education authority. The principles
of locus standi have the function of determining which interests merit access to the courts.
What arguments might be put forward in favor of the courts power to select the interests
which merit access to the courts? Cane, in an introduction to administrative law (1992), at pp
58-59, suggests a number of possible functions.

2. Aggrieved Person;

Any restriction which frustrates or impedes the pursuit to a legal activity in the exerci9es of a
local right conferred on a person by constitution would result in making him or her as an
Aggrieved Person and furnish him with a locus standi to challenge the said restriction. The
Supreme court can exercise its power to issue the writ only whom element of Public
Importance is involved. While under Article 1998 in a petition for writ the first question the high
court has to determine as whether the petitioner has the locus standi to invoke the
extraordinary jurisdiction of the court, and it is a basic principle that a person seeking judicial
review of an administration or quasi-Judicial action must show that he has a direct personal
interest in the act he challenges, before his prayer for review is entertained.
The question whether an applicant for a writ of prohibition is an aggrieved person will depend
upon the character of the proceedings taken and the intrest5 of the applicant in the
16 Administrative law

proceedings. The only rule deducible from the authorities being that the proceedings should
affect the applicant’s right to some property, franchise or status.
In a petition for writ the first question that the court has to consider is whether the petitioner
has the locus standi to involve the extraordinary jurisdiction of the court and it is a basic
principal that a person seeking judicial review of an administrative or quasi-judicial action must
show that he has a direct personal interest in the act which he challenges, before his prayer for
review is entertained. For example a commission agent is not competent to apply on behalf of
his principle.

3. Rule of evidence;

The word evidence as defined in qanun-e-Shahadat order- 1984 includes as follows:

I. All statements which the court permits or requires to be made before it by witness, in
relation to matters of fact under inquiry; such statements are called oral evidence and;
II. All documents produced for the inspection of the court, such documents are called
documentary evidence.

The definition of evidence covers (a) the evidence of witness and (b) documentary evidence. It
does not cover any thing that a court has before it. Thus, where these are absence of statutory
rule of evidence governing a situation, the court is not prohibited from adopting any just and
fair rule of evidence. This can be treated as ordinary law in the absence of any statutory
constraints. There can be exceptions to this principle on account of special subject of inquiry.
Rule of Evidence in other laws Qanun-e-Shahadat are contained in other acts and statutes like
bankers book evidence act order xxxvi of the code of civil procedure, divorce act, 1869 section-
7, 12 and 14. Limitation act, section-19 and 20, registration act, 1908. Section 49 and 50,
succession act, section – 63, extradition act section-9.

The qanun-e-Shahadat order has no application to enquires by the Tribunals and the law only
requires that rules of natural justice should be observed in the conduct of enquiries and if they
do so the decisions of Tribunals are not liable to be impeached. [1958 SCJ 142]

4. Plea of bargaining;
There is clear distinction between the words (plea) and bargaining, explained as follows;

Plea means a formal statement by or on behalf of defendant accused person either to admit or
to deny any allegation charge for example, plea of guilty section 265 (e) criminal procedure
17 Administrative law

code lays down that in cases trial by sessions court, the charge shall be read and explained to
the accused and he shall be asked whether he is guilty or has defense to make. If the accused
pleads guilty the court shall record the plea an may in its discretion convict him thereon, pleas
of guilt is admission of truth of accusation.

Bargaining; The word Bargaining means an agreement on terms give and take. Thus the term
plea of bargaining as is employed in the matters of corruption does not figure in any law. This
term has been specifically coined by the accountability bureau to recover the money having
been collected by corrupt and illegal means The agreement resulting from the plea of
bargaining enables the offender to remit the agreed amount of the ill gotten money and relieve
himself of the prosecution of the charges of corruption, and thus escape the consequential
conviction.

Write short notes on the following?

Dismissal from service;

Dismissal from service is one of the major penalties of the government servants (effectively and
Discipline) rule 1973. Thus dismissal means terminating the services of the government servant
for misconduct and indiscipline. Dismissal from service is a extreme punishment. Bringing to an
end the service contract for any disciplinary reason and carries a stigma.
Aggrieved Party:
A person whose legal rights have been affected, injured or damaged in a legal sense is an
aggrieved party. In law an aggrieved person can only lodge a complaint but there are a few
exceptions to this general rule. However, in all police cases, the state is the aggrieved party.
Means not a party to a case, but any person aggrieved by an order, claiming that the order in
question was prejudicial to him and has affected to interest adversely- [1997 CLC 29 kar]
Probation-
Section- 6 of the civil servants act, 1973 speaks of probation as under;

1) An initial appointment to a service or post, not being an adhoc appointment shall be on

probation as may be prescribed.
2) Any appointment of a civil servant by promotion or transfer to a service or post may also
be made in probation as may be prescribed.

Where in respect of any service or post, the satisfactory completion of probation includes the
passing of a prescribed examinations, test or course or successful completion of any training. A
person appointe4d on probation to such service or post who, before the expiry of the original
or extended period of his probation, has failed to pass such examination or test or to
successfully complete course or the training shall, except as may be prescribed otherwise .
18 Administrative law

a) If he was appointed to such service or post by initial recruitment, be discharged, or

b) If he was appointed to such service or post by promotion or transfer, be reverted to the
service or post from which he holds a lien or, if there be no such service or post, be
discharged.

Provided that in the case of initial appointment to a service or post a civil servant shall not be
deemed to have completed his period of probation satisfactory until his character and
antecedents have been verified as satisfactory in the opinion of the appointing authority.

a) Ad hoc appointment –means appointment of a duly qualified person made otherwise

than in accordance with the prescribed method of recruitment, pending recruitment in
accordance with such method.