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    The Civil Servants (Appeal) Rules, 1977

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    Toqeer Raza
    The Civil Servants (Appeal) Rules, 1977 establish the process for civil servants to appeal orders imposing penalties or altering conditions of service. [1] Civil servants can appeal penalty orders to a higher authority, except those by the President. [2] Orders altering conditions of service, pay, pensions, or terminating employment can also be appealed. [3] Appeals must be submitted within 30 days and follow required procedures to be considered, though some deficiencies can be corrected.

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    The Civil Servants (Appeal) Rules, 1977

    Uploaded by

    Toqeer Raza
    505 views4 pages
    The Civil Servants (Appeal) Rules, 1977 establish the process for civil servants to appeal orders imposing penalties or altering conditions of service. [1] Civil servants can appeal penalty orders to a higher authority, except those by the President. [2] Orders altering conditions of service, pay, pensions, or terminating employment can also be appealed. [3] Appeals must be submitted within 30 days and follow required procedures to be considered, though some deficiencies can be corrected.

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    The Civil Servants (Appeal) Rules, 1977 establish the process for civil servants to appeal orders imposing penalties or altering conditions of service. [1] Civil servants can appeal penalty orders to a higher authority, except those by the President. [2] Orders altering conditions of service, pay, pensions, or terminating employment can also be appealed. [3] Appeals must be submitted within 30 days and follow required procedures to be considered, though some deficiencies can be corrected.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    505 views4 pages

    The Civil Servants (Appeal) Rules, 1977

    Uploaded by

    Toqeer Raza
    The Civil Servants (Appeal) Rules, 1977 establish the process for civil servants to appeal orders imposing penalties or altering conditions of service. [1] Civil servants can appeal penalty orders to a higher authority, except those by the President. [2] Orders altering conditions of service, pay, pensions, or terminating employment can also be appealed. [3] Appeals must be submitted within 30 days and follow required procedures to be considered, though some deficiencies can be corrected.

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    © All Rights Reserved
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    of 4

    The Civil Servants (Appeal) Rules, 1977.

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


    1973 (LXXI 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 authorized officer, the officer
    designated as authority under the Government Servants
    (Efficiency and Discipline) Rules, 1973; and
    (ii) where the order is made by the officer, designated as authority
    under the rules specified in paragraph (1), 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 ao4der is
    made by the Prime Minister, the President; and]

    (b) [Omitted]

    (c) “penalty” means a penalty provided for in the Government


    Servants (Efficiency and Discipline) Rules, 1973.

    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 -
    2

    (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 provisions of the Civil Servants
    Act, 1973 (LXXI 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 aut hority subordinate to the President.

    5. (1) Every 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-
    3

    (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 (1), (2) or (3) of the
    rule 5; or
    (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
    reconsideration of 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.
    4

    8. (1) Every appeal which is not withheld under these rules shall be
    forwarded 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.

    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 coming 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.

    ______________________________

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