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    Civil Servant Apeal Rule 1977

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    Qammer Shahzad
    The Civil Servants (Appeal) Rules of 1977 establish the process for civil servants in Pakistan to appeal orders from authorities. The rules define key terms like "appellate authority" and "penalty". They outline who has the right to appeal, the process for appeals including required information and timeframe, and the responsibilities of authorities in reviewing and responding to appeals. The rules are intended to provide civil servants with a mechanism to seek review of orders that impact their employment or benefits.

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    Civil Servant Apeal Rule 1977

    Uploaded by

    Qammer Shahzad
    43 views5 pages
    The Civil Servants (Appeal) Rules of 1977 establish the process for civil servants in Pakistan to appeal orders from authorities. The rules define key terms like "appellate authority" and "penalty". They outline who has the right to appeal, the process for appeals including required information and timeframe, and the responsibilities of authorities in reviewing and responding to appeals. The rules are intended to provide civil servants with a mechanism to seek review of orders that impact their employment or benefits.

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    The Civil Servants (Appeal) Rules of 1977 establish the process for civil servants in Pakistan to appeal orders from authorities. The rules define key terms like "appellate authority" and "penalty". They outline who has the right to appeal, the process for appeals including required information and timeframe, and the responsibilities of authorities in reviewing and responding to appeals. The rules are intended to provide civil servants with a mechanism to seek review of orders that impact their employment or benefits.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    43 views5 pages

    Civil Servant Apeal Rule 1977

    Uploaded by

    Qammer Shahzad
    The Civil Servants (Appeal) Rules of 1977 establish the process for civil servants in Pakistan to appeal orders from authorities. The rules define key terms like "appellate authority" and "penalty". They outline who has the right to appeal, the process for appeals including required information and timeframe, and the responsibilities of authorities in reviewing and responding to appeals. The rules are intended to provide civil servants with a mechanism to seek review of orders that impact their employment or benefits.

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    © All Rights Reserved
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    Civil Servants (Appeal)

    Rules, 1977

    SI. No. 44:

    In exercise of the powers conferred by section 25 of the Civil Servants Act,


    1973 ( W 1 of 1973), the President is pleased to make the following rules, namely:-

    1. (1) These rules may be called the Civil Servants (Appeal)


    Rules, 1977.

    (2) They shall come into force at once.

    2. In these rules unless there is anything repugnant in the subject or


    context.-

    *[(a) Appellate authority means.-

    (1) in cases relating to discipline.-


    (i) where the order is made by the authorised officer, the
    officer designated as authority under the
    Government Servants (Efficiency and
    Discipline) Rules, 1973.
    (ii) **[where the orderis made by the officer, designated as
    authority under the rules specified in paragraph (I),the
    officer or authority next above the authority; and].
    (iii) where the order is made by the Prime Minister, the
    President; and
    (2) in other cases, the officer or authority next above the
    authority against whose order the appeal is preferred and where the
    order is made by the Prime Minister, the President; and]
    (c) "penalty" means a penalty provided for in the Government Servants
    (Efficiency and Discipline) Rules, 1973.

    'Subs. and omitted vide EstablishmentDivision Notification S.R.O.No.178(1)199, dated 24-3-1999.


    "Subs vide Establishment Division NotificationSRO No.335(1)/2000, dated 14-6-2000.

    3. Every civil servant shall be entitled to appeal, to the appellate authority


    from an order passed by an authority *[or an authorized officer] imposing upon him
    any penalty:
    Provided that, where the penalty is imposed by an order of
    the President, the civil servant shall have no right to appeal but he
    may apply for review of the order.
    4. (1) A civil servant shall be entitled to appeal to the appellate authority
    from an order passed by an authority which-
    (a) alters to his disadvantage, his conditions of service, pay,
    allowances or pension; or
    (b) interprets to his disadvantage the provisions of any rules whereby
    his conditions of service, pay, allowances or pension are regulated;
    or
    (c) reduces or withholds the maximum pension, including an additional
    pension, admissible to him under the rules governing pensions; or
    (d) terminates his employment or gives notice of such termination
    otherwise than-
    i) on his reaching the age of superannuation, or
    ii) in accordance with the pro-visions of the Civil Servants Act,
    1973 ( M I of 1973);
    Provided that a person appointed by the President shall have no right to .
    appeal from an order passed by the President, but he may apply for review of the
    order:
    Provided further that no appeal or review shall lie on matters relating to the
    determination of fitness of a person to hold a particular post or to be promoted to a
    higher post or grade.
    (2) A member of an All-Pakistan Unified Grades serving under a Provincial
    Government may appeal, from the order of the Provincial Government, to the
    President.
    (3) A civil servant appointed by the President may appeal to the President from
    an order passed by an authority subordinate to the President.

    *Amended vide Establishment Division Notification No.3/7/79-Dl, dated 28-1-1981

    5. (1) Ever$ person preferring an appeal should do so separately and in his


    own name.

    (2) Every appeal preferred under these rules shall contain all material
    statements and arguments relied upon by the appellant, shall contain no
    disrespectful or improper language, and shall be complete in itself.

    (3) Every appeal shall be submitted through the Head of the office to
    which the appellant belongs or belonged, and through the authority from whose
    order the appeal is preferred.

    (4) Every appeal shall be submitted within a period of thirty days of the
    communication of the order appealed against.

    6. (1) In the case of an appeal under rule 3, the appellate authority shall
    consider-
    (a) Whether the facts on which the order appealed against was based
    have been established;
    (b) Whether the facts established afford sufficient ground for taking
    action; and
    (c) Whether the penalty is excessive adequate, or inadequate, and,
    after such consideration shall confirm, set aside or modify the
    previous order,'[and the appellant shall be informed of the reasons
    for passing such order].
    (2) In the case of an appeal under rule 4, the appellate
    authority shall pass such order as, having regard to all
    circumstances of the case, appears to it just and equitable.*[and the
    appellant shall be informed of the reasons for passing such order].

    (3) The authority from whose order an appeal is preferred under these rules
    shall give effect to any order made by the appellate authority.

    7. (1) An appeal may be withheld by an authority not lower than the


    authority from whose order it is preferred if:-
    (a) it is an appeal in a case in which no appeal lies under these rules;
    or

    (b) it does not comply with the provisions of sub-rule (I),


    (2) or
    (3) of the rule 5; or
    'Added vide Establishment Division Notification S.R.O. No.582 (1)/93, dated 26-6-1993.

    (c) it is not preferred within the time specified in sub-rule (4) of rule 5
    and no reasonable cause is shown for the delay; or

    (d) it is addressed to an authority to which no appeal lies under these


    rules; or

    *[(e) it is a repetition of a previous appeal and is made to the same


    appellate authority by which such appeal has been decided, and
    no new facts or circumstances are adduced which afford grounds
    for a reconsiderationof the case]:

    Provided that in every case in which an appeal is withheld,


    the appellant shall be informed of the fact and the reasons for it:

    Provided further that an appeal withheld on account only of failure to comply


    with the provisions of sub-rule (2) or (3) of rule 5 or clause (d) may be resubmitted
    within one month of the date on which the appellant is informed of the withholding of
    the appeal and, if resubmitted in a form which complies with those provisions or is
    addressed to the proper appellate authority, as the case may be, shall not be
    withheld.

    (2) No appeal shall lie against the withholding of an appeal by an authority


    competent to do so.

    8.(1) Every appeal which is not withheld under these rules shall be
    fowarded to the appellate authority with an expression of opinion by the authority
    from whose order the appeal is preferred.

    (2) Every appeal by a civil servant serving under a Provincial Government


    or a local authority, which is not withheld under these rules shall be forwarded by the
    Provincial Government or the local authority to the Federal Government with an
    expression of its opinion.

    (3) A list of appeals withheld under rule 7, with reasons for withholding them
    shall be forwarded quarterly by the with-holding authority to the appellate authority.

    (4) An appellate authority may call for any appeal admissible


    under these rules which has been withheld by a subordinate
    authority and may pass such orders thereon as it considers fit.

    *Added vide Establishment Division Notification No. 511181-R.I., dated 26-12-1981.

    9. (1) Nothing in these rules shall operate to deprive any person of any right
    of appeal which he would have had if these rules had not been made, in respect of
    any order passed before they came into force.

    (2) All appeals pending immediately before the corning into force of these
    rules shall be deemed to be appealed under these rules.

    10. The Civil Services (Classification, Control and Appeal) Rules, 1930, are
    hereby repealed, but the repeal thereof shall not affect any action taken or anything
    done thereunder.

    [Authority.-Establishment Division Notification S.R.O. No. 54(1)177, dated 17-1-1977].

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