Administrative Law

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SYNOPSIS OF QUESTIONS
1. What is administrative law, explain its historical development, causes of its growth, its objects, nature &
scope?
2. What is delegated legislation, discuss its kinds, advantages & disadvantages and control of delegated
legislation?
3. Define natural justice, explain principles of natural justice and their application in administrative law &
exceptions?
4. What is meant by ‘judicial review’, explain its function, modes, limits and when judicial review can be
refused?
5. Define an ‘administrative action’ or ‘administrative function’ & explain its classification by providing
differences?
6. Discuss appointment, jurisdiction, functions & procedure of removal of Federal Ombudsman (Wafaqi
Mohtasib)?
7. Discuss the composition, benches and jurisdiction of a Tribunal under Punjab Service Tribunals Act 1974?
8. Explain the procedure of filing appeal to service tribunal under the Punjab Service Tribunals Act 1974?
9. Discuss procedure of inquiry against civil servants under Punjab Civil Servants (Efficiency & Discipline)
Rules 1975?
10. Explain penalty, on what grounds penalty is awarded & what are minor & major penalties provided in
service rules?
11. Explain the limitations on government servants regarding buying and selling of movable & immovable
property, regarding borrowing & lending, regarding taking part in political activities & election, regarding
raising of funds?
12. Define & explain the concepts of ‘Locus Standi’ and ‘Aggrieved Person’? …… (Note on Bias is already
discussed)
13. Write short notes on the following terms or concepts? (Civil Servants Act 1973 & Punjab Civil Servants Act
1974)
Royal Law College Arifwala ': 0305-5961115

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What is administrative law, explain its historical development, causes of its growth, its objects, nature & scope?
Administrative Law is the law relating to administration. It includes the structure, powers and functions of the organs
of administration, the limits of their powers, the methods and procedures followed by them in exercising their powers
and functions, the methods by which their powers are controlled including the legal remedies available to a person
against them when his rights are infringed by their operation.
Meaning of Administrative Law - Black’s Law That branch of public law which deals with the various organs of the
sovereign power considered as in motion, and prescribes in detail the manner of their activity, being concerned with
such topics as the collection of the revenue, the regulation of the military and naval forces, citizenship and
naturalization, sanitary measures, poor laws, coinage, police, the public safety and morals, etc.
Definitions of Different Jurists - Administrative Law Many jurists have tried to define administrative law but it is
difficult to get any precise and satisfactory definition. Following are some of the definitions:
i. Ivor Jennings Administrative law is the law relating to the administration. It determines the organization,
powers & duties of the administrative authorities
ii. K.C. Davis Administrative law is the law concerning the powers and procedures of administrative agencies
iii. Jain & Jain According to the definition given by Jain and Jain, Administrative Law includes the following:
a. It deals with composition and the powers of administrative authorities
b. It fixes the limits of the powers of such administrative authorities
c. It prescribes the procedure to be followed by these authorities in exercising such powers
d. It controls these administrative authorities through judicial and other means
Nature of Administrative Law The nature of administrative law can be said as constitutional, legislative and judicial. Its
nature is constitutional as it adopts its validity from the constitution, its nature is legislative because it receives its
powers from delegated legislation and its nature is judicial because it possesses some quasi-judicial powers as well.
Scope of Administrative Law The scope of administrative law is only concerned with the relationship of administrative
agencies/ administrative organs/ administrative authorities and the public. So its scope is restricted to the
establishment of administrative organs, control of such administrative organs, the methods and procedure of such
administrative organs, the nature – structure – powers and functions of such organs, the remedies available to the
aggrieved persons and the rule making powers of such administrative organs.
Object of Administrative Law According to Griffith and Street:
The main object of administrative law is the operation & control of administrative authorities. It deals with following:
i. What sort of powers does the administration exercise?
ii. What are the limits of those powers?
iii. What are the ways in which the administration is kept within those limits?
According to Administrative Law Institute Following two aspects must be added to have idea of its objects:
a. What are the procedures followed by the administrative authorities?
b. What are the remedies available to a person affected by administration?
Necessity of Administrative Law Administrative Law is necessary for a society to ensure legal control of administrative
power and to provide protection to the individuals against abuse of such powers.
Sources of Administrative Law In few legal systems, there are statutes laying down rules, principles and procedures to
be followed by administrative agencies. But even in absence of specific enactments dealing with a particular situation,
certain fundamental rules, basic principles and minimum requirements of law are well settled and all authorities are
bound to observe them. A person adversely affected by any action of an administrative authority has right to challenge
such action in an appropriate body or a court of law.
Sources in Pakistan There are many legislations in Pakistan which provide statutes relating to administrative organs,
including: Revenue Authorities, Police Department, Education Department, Industrial tribunals and Labour courts etc.
Historical Growth & Development of Administrative Law In the sub-continent, the administrative law was in
existence even in the ancient times. The basic principles of natural justice and fair-play were followed by the Kings and
their administrators. But honestly, there was no administrative law present in the sense in which we study it today.
 With the establishment of East India Company and with start of British Rule in India, the powers of
government had increased. Many acts & statutes were passed in which administrative agencies had a great
role. Practice of granting administrative licenses began. Concept of delegated legislation emerged. In many
statutes permits & licenses were issued by administrative bodies and even disputes were resolved by them.
Reasons for Growth of Administrative Law Rapid growth & development of administrative law was due to following:
i. Change in the Role of State Role of state changed from safety & security to multiple functions of welfare state
ii. Inadequacy of Judicial System Judicial system was inadequate to deal all types of disputes, was over-burdened
iii. Inadequacy of Legislative Process Legislative process had no time & technique to legislate for all affairs of life
iv. Flexible Nature of Administrative Law Unlike legislation, administrative law could be altered or modified easily
v. Less Procedural Nature Unlike judiciary, administrative tribunals were not bound by strict procedural rules
vi. Successful Preventive Actions Administrative bodies were granted successful & effective preventive means
vii. Scope of Experimentation Administrative process had an easy experimentation style in dealing with disputes

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What is delegated legislation, discuss its kinds, advantages & disadvantages and control of delegated legislation?
The concept of “Delegated Legislation” has gained prominence in the recent times and several factors have been
responsible for its quick development. Sometimes a government may face the threats of aggression, breakdown of law
& order, strikes etc. Such situations cannot be controlled unless the executive has standby powers. The Legislature
cannot meet at short notice and make legislation on the spur of the moment. Therefore, the concept of ‘delegated
legislation’ is essential to support the Legislature of a state.
Delegated Legislation – Defined by Salmond “It is a legislation which proceeds from any authority other than the
sovereign power and is therefore dependent for its continued existence and validity on some superior or supreme
authority”
Historical Evolution of Delegated Legislation The evolution of delegated legislation in sub-continent started nearly in
1833 when East India Company gained political influence in India. The Government of India Act 1833 granted
legislative powers to the Governor – General. He was an executive person. He was empowered to make, amend or
repeal all laws enforced in India. Then the Government of India Act 1935 was passed which contained a wide scheme
of delegated legislation.
Position in Pakistan – Separation of Powers & Delegated Legislation Though our constitution is based on the principle
of separation of powers. But a complete separation of powers is not possible. The constitution does not prohibit the
delegation of powers to lower bodies. There are many provisions which grant the executive, the powers to legislate.
For example, the President & the Governors are vested with the powers of bringing statutes in the form of ordinances.
Permissible Delegated Legislation Following are the forms of delegated legislation which are allowed to the executive:
i. Supplying Details Function of supplying details can be given to executive, in many acts executive makes rules
ii. Extension or Inclusion in Law Legislature passes and applies act to some areas, executive can include areas in it
iii. Exemption or Exclusion from Law Some acts empower governments to exclude persons or areas from effect
iv. Suspend Certain Provisions Sometimes executive has authority to suspend operation of some provisions of law
v. Application of Existing Laws Sometimes executive can adopt & apply statutes existing in some other states
vi. Make Rules, Regulations, Bye-laws Executive can be given power to make rules, bye-laws but under control
Impermissible Delegated Legislation Following functions cannot be delegated to the executive:
i. Essential Legislative Functions It is a settled principle that major legislative functions must not be delegated
ii. Repeal of Laws Delegation of power to repeal a law is an excessive function & is ultravires, no such delegation
iii. Modification without Limits Delegation of power to modify or amend the law without limitation is not allowed
iv. Retrospective Operation Legislature can make prospective & retrospective legislation, executive cannot do it
v. Imposition of Taxes Any imposition of taxes should be directly by legislature and not imposed by the executive
vi. Ouster of Jurisdiction of Courts Legislature must not empower the executive to ouster jurisdiction of courts
Essential Principles of Delegation Following are essential principles of delegation of legislative powers to executive:
i. Providing Guide-lines to Delegate Legislature must provide guidelines in statutes which delegate legislation
ii. Delegation to be Reasonable and Not Unlimited Delegation of power should be reasonable & not unlimited
iii. Delegate not to Substantially Change a Parent Act Executive must not make substantial changes to parent act
iv. No Delegation of Essential Functions Legislature must never delegate the legislation for any essential functions
Advantages of Delegated Legislation Following are the advantages of delegated legislation:
i. Saves Time for Parliament Delegated legislation shifts some burden on executive & saves time of Parliament
ii. Enables Flexibility It is more flexible & experiment friendly legislation, it can be reversed or amended easily
iii. Dealing with Emergencies It works better in emergencies when legislation is needed at the spur of moment
iv. Experts Legislation It is an experts legislation, they are aware of Knowledge &Technicalities of Specific Field
Disadvantages of Delegated Legislation Following are the disadvantages of delegated legislation:
i. Undemocratic Procedure Delegated legislation is done by unelected bodies, so it is apparently undemocratic
ii. Lack of Debate & Discussion Proper debate & discussion is not held in delegated legislation, which is a flaw
iii. One Man Legislation Such legislation is often made by one or a very small number of persons, it can be faulty
iv. Influence of High Courts Aggrieved parties from such legislation move to High Courts which often interfere in it
Control of Delegated Legislation The delegated legislation is controlled by the following checks:
a) Parliamentary Control Every delegated legislation is in fact under the control of the parliament. Firstly, an act
granting power of legislation to executive can be discussed and debated even before its passing. Secondly, if
there is any misuse of power by the executive later on, it can be amended or modified by the legislature then
b) Judicial Control Judiciary also controls such legislations, through a mechanism of check & balance. If any
delegated legislation is ultravires of constitution or ultravires of parent act, it can be rejected by the judiciary
c) Procedural Control Criticism by lawyers, media, writings of experts, and selection of trustworthy bodies

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Define natural justice, explain principles of natural justice and their application in administrative law & exceptions?
'Natural Justice' is an expression of English Common Law having its origin in Jus natural (law of Nature.) It involves
procedural requirement of fairness. In England it was initially applied to the courts, but later it was extended from the
judicial to the Administrative sphere. It means the justice in simple and elementary form, and fair play in action.
Natural Justice – Black’s Law Definition The term justice means fair and proper administration of the law. Natural
Justice is referred to a process whereby Justice is served in a natural way devoid of bias and sentiment and under
careful analysis, thought and consideration.
Other Names of Natural Justice Natural justice is also known as ‘substantial justice’, ‘fundamental justice’, ‘universal
justice’ or the ‘fair play in action’.
Natural Justice Explained It has different meanings among legal experts. It has many colors and shades, many forms
and shapes. According to De Smith The term natural justice expresses the close relationship between common law and
moral principles which describe what is right and what is wrong.
Historical Growth of Natural Justice The expression natural justice (jus naturale) was earlier used in the Roman legal
system, and it meant a system of rules and principles for the guidance of human conduct. These rules were different
from the enacted laws and these rules were based on the rationale, reason and the morality. Later on, the origin and
development of equity in England was also a gift of the natural justice. And today an old desire of human beings to
bring fairness and morality to law has been added into all the legal systems of the world. Now natural law applies both
to judicial as well as administrative functions as well.
Natural Justice in Statutes Sometimes no provisions are found in any statutes for the application of principles of
natural justice. But judge Byles in 1863 decided that ‘Although there are no positive words in the statute requiring that
the parties shall be heard, yet the justice of common law will supply omissions of the legislature’.
De Smith says that where a statute authorized an authority to interfere with the property or civil rights of citizens and
the statute was silent on the question of notice & hearing, then the courts must apply the rule of natural justice there.
Position of Applicability of Principles of Natural Justice in Pakistan In Pakistan, it is a settled principle that when an
authority exercises power to interfere the civil rights of citizens or exercises power which leads to civil consequences,
the principles of natural justice would apply in such situations. And it is not permissible to interpret any statutory
instrument so as to exclude the principles of natural justice unless the statute specifically excludes their application.
Principles of Natural Justice Apply on Which Bodies It is undisputed that the principles of natural justice are binding
on all the courts, judicial bodies and quasi-judicial bodies. But the question is whether these principles also apply to
administrative bodies. Earlier Approach was that it would be erroneous to import in an administrative order the
principles of natural justice (AIR 1961 SC 705) But Later Approach is that ‘It is true that the order is administrative in
character but even an administrative order which involves civil consequences, must be made consistently with the
rules of natural justice’ (State of Orissa vs Dr. Binapani)
Principles of Natural Justice Following principles of natural justice must apply in judicial & administrative decisions:
I. Audi Alteram Partem It means ‘hear the other side’ or ‘both the sides must be heard’ or ‘no man should be
condemned unheard’. Two essential consequences of application of this maxim are; notice & hearing:
a. Notice – Before taking any action against a party, he must be given notice of show cause
b. Hearing – A person must be given opportunity of being heard before an action is taken against him
In England, America & Pakistan its not necessary that oral hearing must be given, it can be written also
II. No Man should be a Judge in his own Cause It is based on maxim ‘nemo debet esse judex in propria causa’
meaning that ‘no person can judge a case in which he has his own interest’. It also mean that a deciding
authority must be impartial, neutral & without bias. Bias means anything other than evidence on which a
person decides a case, is called bias, or predisposition to decide for or against a party without regard to merits
If a judge is biased, he can be disqualified to act as a judge in that case & his order or proceedings will be void
Kinds of Bias Following can be three kinds of bias:
a. Pecuniary Bias – Any financial interest however small in the case disqualifies a judge from adjudicating
b. Personal Bias – If judge is relative, friend or associate of a party - has grudge, enmity or rivalry to party
c. Official Bias – When a matter is decided without applying independent mind but on policy or direction
III. Speaking Order, Reasonable Decision or Evidence Rule That all orders & decisions should be supported by
reasons and fully explained with the grounds for reaching those decisions & orders must be based on evidence
A party not only has a right to know the result of an enquiry or decision against him but also the reasons for it.
Exclusion of Rules of Natural Justice In certain situations the rules of natural justice can be excluded or ignored.
Statutory Exclusion, Legislative Acts, Necessity, Admitted or Undisputed Facts, Preventive Action, Emergency
Effect of Breach of Natural Justice An order violating principles of natural justice is null & void, some say it is voidable

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What is meant by ‘judicial review’, explain its function, modes, limits and when judicial review can be refused?
Judicial review of administrative actions is in fact the heart of the administrative law. It is the best way of checking the
legal competence of an administrative body. Thus where an administrative body performs an act, the question arises
that whether his act is according to law, justified and reasonable or it is excessive, arbitrary and ultra-vires.
Meaning of Judicial Review A practice whereby courts are sometimes requested to review a law or some official act of
government to determine its constitutionality, reasonableness, or compatibility with fundamental principles of justice
Evolution of Judicial Review In the past, power of judicial review was not widely exercised by the courts but with the
passage of time, the concept of judicial review developed on the reason that all state authority must be exercised in
the public interest. So, it became the duty of the Judges, ensure that executive authorities do not abuse their powers
Function of Judicial Review A court can crush the arbitrary, unjust, harassing and unconstitutional decisions of
administrative authorities or executive bodies. The fate of administrative action is decided in a judicial review.
Principles Applied in Judicial Review of Disciplinary Proceedings The court suggested that in any disciplinary
proceeding against an employee or workman etc., following factors must be regarded:
 Whether allegations in charge sheet amount to misconduct  Whether allegations are true (proved)  Whether due
process has been followed (Procedure)  Whether decision given is sustainable on merits  Whether punishment
awarded is proportionate to the misconduct 
Grounds for Exercising Power of Judicial Review Courts generally exercise judicial review in the following situations:
i. Exceeding Jurisdiction Administrative bodies must work within limits of statutes, exceeding limits is ultra-vires
ii. Unreasonable & Irrational If decision given does not have good speaking reasons & grounds, it is illegal
iii. Malafide Administrative power must be exercised bonafide, if it is malafide it is bad & action will be illegal
iv. Improper Motive The decision must not be based on some improper motives, a motive against spirit of statute
v. Irrelevant Considerations Executive decisions must not be based & given on the irrelevant considerations
vi. Ignoring Relevant Considerations Administrative decisions must accept all relevant considerations in a matter
vii. Contradictory & Inconsistent Exercise The power used must not be colorful & inconsistent to past practices
viii. Disregard of Principles of Natural Justice Administrative action not be against the principles of natural justice
Modes of Judicial Review Modes of judicial review are divided on whether an aggrieved person wants a public action
against a department or he only wants to get his remedy against a department, judicial review has following modes:
A. Public Law Review It does not only enforces private rights but it keeps administrative machinery in control and
it is exercised by the High Courts or a Supreme Court
Remedies under Public Law Review Only a High Court under Art 199 & a Supreme Court under Art 184 (3) has
a power to exercise public law review in the form of a writ. A writ filed to HC & SC can be of following 5 kinds:
i. Habeus Corpus The Latin Term Habeas Corpus means “to produce the body”. This write is issued to
institution or prison to release the prisoner or bring it before the court.
ii. Mandamus This writ is issued for government official or other authority directing him to do a certain
act strictly according to law. It means an order to do an act which a person is bound by law to do.
iii. Certiorari This write is issued when a lower court or other authority has made a decision which is
incorrect or inappropriate. The High Court can require record of that matter and can revise decision.
iv. Quo Warranto It simply means “under what authority you are holding this office”. This writ is issued
when a person claims any power without any legal authority.
v. Prohibition This write is issued to prevent or stop a person or authority when that person or authority
exceeds its jurisdiction and tries to perform an act which is outside his powers and authority.
B. Private Law Review It only enforces private rights of citizens and it is exercised by ordinary courts of a country
Remedies under Private Law Review Following remedies are available to a citizen under private law review:
i. Statutory Remedies It includes filing civil suit if allowed, filing appeals of civil suit or appeal to tribunal
ii. Equitable Remedies It includes filing declaratory suits and prohibitory or mandatory injunctions
iii. Tortious Remedies A person can claim liability of govt for any tortious acts of its servants & employees
iv. Other Remedies A person aggrieved by the decision of an administrative authority may have some
other remedies which are not judicial. Such remedies include a parliamentary remedy, freedom of
expression through press, general criticism etc.
When Judicial Review can be Refused Judicial review can be declined by the courts in the following situations:
i. Laches or Delay Courts can refuse the relief of judicial review when there is a reasonable delay in filing petition
ii. Administrative Inconvenience Courts are reluctant in granting relief against inconvenience or difficulty for govt
iii. Alternative Remedies Courts refuse to review if there are alternative remedies available, except in cases of FR
iv. Petitioner not with Clean Hands Review can be refused, if the petitioner does not approach with clean hands
v. No Useful Purpose Review can be refused if there is no useful purpose and a similar result is expected again

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Define an ‘administrative action’ or ‘administrative function’ & explain its classification by providing differences?
In modern times the administrative process has developed as a byproduct of intensive form of government.
Administrative action is a comprehensive term including multiple functions. Today, in an administrative action, the
traditional classification of governmental powers is combined. Such powers were previously performed by three
different organs, which were; legislature, judiciary & executive. Administrative action is a mixture of all of the above.
Traditional Classification of State Organs Traditionally, there are three important organs of a state:
i. Legislative The function of legislative is to enact the laws
ii. Executive The function of executive is to administer the laws
iii. Judicial The function of judiciary is to interpret the laws & declare what the law is
Administrative Action In Halsbury’s Laws of England, it is stated that today the executive performs multiple
functions, including; to investigate, to prosecute, to prepare schemes, to issue & cancel licenses, to make rules &
regulations, to fix prices, to adjudicate on disputes, to impose fine & penalty etc.
So, an administrative action today performs nearly all the functions which were previously performed by all three.
Performance of legislative function by administrative is called quasi-legislative & judicial is called quasi-judicial.
Need for Classification When administrative action needs to be challenged on any ground, then kind of administrative
action must be explained. So it becomes important to identify that executive was performing which kind of function.
Understanding the Kind of Administrative Action There is no simple & scientific test to distinguish the administrative
functions from one another. Sometimes a single proceeding may combine various aspects of the three functions. But,
the understanding of classification & division of administrative action is very necessary because for each
administrative action different will apply.
Difference between Quasi-Legislative, Quasi-Judicial & Executive Functions Following are distinctions of all three:
A. Quasi-Legislative Function The word quasi means ‘not exactly’ Quasi-legislative action of executive is not
exactly legislative but consists of making rules, regulation, bye-laws etc. It is also known as rule making action.
Examples of Legislative Action Establishment of a municipal corporation
Features of Legislative Action Following are the features of legislative action:
 The requirements of publication & laying on the table etc. will apply  It is an act which affects the future
actions and applies in the future  It is a making of new rule for the subjects under its authority  It creates
new rights & liabilities of the subjects under it authority  It is a general function & not specific by nature 
Writ of Certiorari do not apply to quasi-legislative actions  Subordinate legislation cannot be void for
unreasonableness only  In most exceptional cases a quasi-legislative function can be sub-delegated  Duty to
give reasons does not apply to quasi-legislative functions
B. Quasi-Judicial Function When an administrative authority has some of the attributes of a judicial function but
not all, it will be a quasi-judicial function.
Judicial & Quasi-Judicial Administrative Action There is another problem of distinguishing between judicial &
quasi-judicial actions also. When an administrative body has to decide a matter strictly in accordance with the
rules & procedure provided under a statute, its judicial. But when authority has to decide but not strictly
according to rules & procedure of any statute, because statue gives him discretion to decide, its quasi-judicial.
Examples of Quasi-Judicial Action  Disciplinary proceeding against student  Dismissal of employee for
misconduct  Cancellation, suspension or refusal to renew a license  Forfeiture of pension or gratuity 
Features of Quasi-Judicial Action  Principles of natural justice apply  Applies only to specific cases
C. Pure Administrative Function It refers to those acts or functions of administrative authorities which are
neither legislative nor adjudicative in character. It is hard to define a pure administrative function. It is the
residue or remaining of the powers left after quasi-legislative or quasi-judicial powers.
Examples of Pure-Administrative Function Action according to policy or making & adoption specific direction
Features of Pure-Administrative Function  Writ of certiorari applies  Can be void for unreasonableness 
Pure administrative function can be sub-delegated 
I. Administrative Discretion Intensive form of govt cannot function without administrative discretion.
There has been a constant conflict between the claims of administration to an absolute discretion and
the claims of subjects to a reasonable exercise of it. Such matters cannot generally be challenged.
II. Ministerial Action Ministerial function is that function of agency which is taken as a matter of duty
imposed upon it by the law devoid of any discretion or judgment. Therefore, a ministerial action
involves performance of a definite duty, which has no choice, no wish and no freedom. It can be a
collection of revenue, opening bank account in specific bank, preparation of annual report
III. Administrative Instruction Enforceable & unenforceable administrative instructions are not very clear

7
Discuss appointment, jurisdiction, functions & procedure of removal of Federal Ombudsman (Wafaqi Mohtasib)?
Administration of justice is fundamental duty of a state. The states have established different kinds of courts and
tribunals etc. to administer justice. Creation of the office of ombudsman (wafaqi mohtasib) is another experiment by
states for the improvement of the administration of justice.
Statutory Reference The Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order 1983
Meaning of Ombudsman Ombudsman means a delegate, agent, officer or commissioner
Definition of Ombudsman According to Garner ‘Ombudsman is an officer of Parliament, having as his primary
function, the duty of acting as an agent for parliament, for the purpose of safeguarding the citizen against abuse or
misuse of administrative power by the executive
Origin of Ombudsman Ombudsman first introduced in Sweden by King Charles XII in 18th century. It is also practiced
emerged in Finland in 1919 & Denmark in 1953, Norway in 1963, New Zealand in 1962, US 1960 and UK 1967.
Ombudsman in Pakistan The institution of Federal Ombudsman was eventually created through the Establishment of
the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (President’s Order No. 1 of 1983), which is now a part of
the Constitution of Pakistan by virtue of Article 270-A. It started functioning on 8 th of August 1983. The office of
Ombudsman is currently held by Syed Tahir Shahbaz. The Ombudsman has headquarters in Islamabad and Regional
Offices in Lahore, Sukkur, Quetta, Faisalabad, Multan, Dera Ismail Khan, Peshawar, Karachi and Hyderabad
Need for Office of Ombudsman In a regular judicial system there are insufficient remedies against misconduct,
inefficiency, delay, negligence, etc. of the administrative organs. So in order to create a better control over
administrative bodies, the office of ombudsman is created.
Rules & Procedures Relating to Office of Ombudsman Following rules & procedures apply to office of ombudsman:
Appointment Wafaqi Mohtasib (Ombudsman) shall be appointed by the President.
Oath Before entering upon Office, Mohtasib shall take an oath before President in the form set out in First Schedule.
Tenure The Mohtasib shall hold office for a period of four years and shall not be eligible for any extension of tenure or
for re-appointment as Mohtasib under any circumstances.
Resignation The Mohtasib may resign from his office by writing under his hand addressed to the President.
Restrictions Following are restrictions imposed on Wafaqi Mohtasib:
 Mohtasib shall not hold any other office of profit in the service of Pakistan; or occupy any other position giving
the right to remuneration for the rendering of services.
 The Mohtasib shall not hold any office of profit in the service of Pakistan before the expiration of two years
after he has ceased to hold that office ;
 He shall not be eligible during the tenure of office and for a period of two years thereafter for election as a
member of Parliament or a Provincial Assembly or any local body or take part in any political activity.
Terms & Conditions of Service and Remuneration The Mohtasib shall be entitled to such salary, allowances and
privileges and he will be bound to such terms and conditions of service as the President may determine and these
terms shall not be varied during the term of office of a Mohtasib.
Removal from Office The Mohtasib may be removed from office by the President on the ground of misconduct or, of
being incapable of property performing the duties of his office by reason of physical or mental incapacity. He can also
request a public evidentiary hearing before Supreme Judicial Council but until decision he cannot work in office.
Acting Mohtasib President shall appoint an acting Mohtasib when office is vacant, or absent or is unable to perform
Jurisdiction & Powers Mohtasib may on complaint by an aggrieved person, or reference by President, Senate or
National Assembly, or on a motion of Supreme Court or High Court undertake any investigation into any allegation of
maladministration on the part of any Agency or any of its officers or employees.
Exceptions to his Powers Mohtasib shall not have any jurisdiction to investigate or inquire into any matters which :--
are sub-judice before a Court of competent jurisdiction or judicial Tribunal or relate to external affairs of Pakistan or
connected with the defense of Pakistan or any part thereof, the military, naval and air forces of Pakistan.
Procedure of Complaints A complaint can be filed in written & on oath by aggrieved person or if he dies – by his heirs.
Complaint cannot be filed after 3 months from arising of issue. Ombudsman can also order investigations into a matter
Order & Implementation If after hearing the matter, the Ombudsman considers the matter as maladministration by
any administrative body, then he can order to that administrative organ to consider the matter further or to modify or
cancel the decision, process, recommendation or to give explanations of decision, to take disciplinary action against
any person, to dispose of the matter within specified time. If the Agency concerned does not comply with the
Recommendations of the Mohtasib or does not give reasons to the satisfaction of the Mohtasib for non-compliance, it
shall be treated as 'Defiance of Recommendations' and he can refer the matter to President for implementation.
Powers Mohtasib shall have same powers as are vested in a civil Court under Code of Civil Procedure, 1908

8
Discuss the composition, benches and jurisdiction of a Tribunal under Punjab Service Tribunals Act 1974?
After the change in the functions and responsibilities of a state, the system of administration of justice is also
expanding. Now along with the traditional judiciary, some special tribunals & quasi-judicial bodies are also developing.
The governments are creating different kinds of tribunals for disposal of disputes. Such tribunals deal with special
matters which are excluded from jurisdiction of ordinary courts. One of such special tribunals is a Service Tribunal.
Statutory References Sections 3 & 3-A of Punjab Service Tribunals Act 1974  Rules 3 & 4 of Punjab Service Tribunal
Procedure Rules 1975  Articles 212 & 240 of the Constitution of Islamic Republic of Pakistan
Meaning of Tribunal “Bodies outside the hierarchy of the courts with administrative or judicial functions” (Curzon Dic)
Meaning of Service Tribunal It means an adjudicating body which deals with matters relating to Civil Service
Validity of Tribunals under Constitution of Pakistan Art 212 authorizes Federal and Provincial Legislatures to establish
one or more Administrative courts or Tribunals in matters relating to terms & conditions of services of civil servants.
Establishment of Service Tribunals Section 3 of Punjab Service Tribunals Act 1974 provides for establishing tribunals:
i. Who Creates Tribunals? The Governor has authority to establish a service tribunal for the province of Punjab
ii. Notification of Establishing Tribunal For establishing a service tribunal, notification in official Gazette is given
iii. More than One Tribunals If Governor establishes more than one service tribunals in Punjab for civil servants,
he shall specify the powers and jurisdiction of each of such service tribunals
Jurisdiction of Service Tribunal A tribunal shall have exclusive jurisdiction in respect of matters relating to the terms
and conditions of service of civil servants, including the disciplinary matters relating to their services.
Matters Falling under Terms & Conditions of Servants Following matters generally fall under such terms & conditions:
 Appointment  Removal  Seniority  Promotion  Payment of Allowances  Misconduct  Suspension
Disciplinary Matters Include Such matters include penalty of dismissal or reduction in rank or compulsory retirement
Exclusion of Jurisdiction of Other Courts The Punjab Service Tribunals Act 1974 provides that service tribunal shall
exercise exclusive jurisdiction in above mentioned matters and other courts shall not entertain such matters
Composition of Service Tribunal Following is the composition of a service tribunal:
i. Body of Tribunal A tribunal shall consist of a chairman and two members
ii. Appointment Chairman & members are appointed by Governor on terms & conditions which Governor decide
iii. Qualification The chairman shall be a person who has been or is qualified to be a judge of a High Court and the
members shall be the persons who are prescribed by the rules
Terms & Conditions for Chairman & Members Following terms & conditions for chairman & members shall apply:
i. Holding Other Office Chairman or members shall not hold any other office of profit in the service of Pakistan
ii. Oath Chairman & members shall take oath before Chief Justice of High Court or other judge appointed by CJ
iii. Salaries  Chairman A person who is appointed as chairman after retirement from another Govt Post, shall get
a pay equivalent to what he was drawing in his previous job and any other person appointed as chairman will
get the salary equivalent to a scale 22  Members A member shall get salary as he was drawing in his last job
iv. Resignation from Service The chairman or any member may resign from his office by making a written
resignation signed by him which shall be presented to the Governor
Constitution of Benches A chairman has power to constitute following different kinds of benches for tribunal:
 Only Chairman  Only one member  Two members without chairman  Chairman & a member
Decisions of Benches The decisions of benches must be unanimous; it should be a decision by all members of bench
Problem in Finding Unanimous Decision If the bench is unable to reach at a unanimous decision in appeal, then such
matter shall be placed before the full tribunal.
Decision of Tribunal The decisions of full tribunal shall be made on the basis of opinion of the majority
Powers of Chairman over Benches & the Tribunal When a matter is pending in the bench or in the full tribunal, the
chairman can exercise following powers regarding such matters:
i. Withdraw a matter from the tribunal and transfer it to a bench
ii. Withdraw a matter from the bench and transfer it to another bench
iii. Withdraw a matter from the bench and transfer it to a tribunal
Principal Seat & Other Places of Sittings of Tribunal Principal seat of tribunal shall be where the govt determines but a
tribunal can also hold sittings at other places within its jurisdiction, it tribunal thinks fit to hold sitting on such place
Working Hours & Holidays A tribunal shall observe the same working hours as are observed by other government
offices and the tribunal shall observe the same holidays as notified by the government
When a Member is Unable to Present in Hearing When any member of a tribunal cannot take part in the hearing for
any reasons, the member or members may hear or continue to hear the appeal.
Filling of Casual Vacancies A casual vacancy in the office of chairman or members due to leave etc or chairman or
member may be temporarily filled by the Governor by appointing a person who holds qualification for such post
9
Explain the procedure of filing appeal to service tribunal under the Punjab Service Tribunals Act 1974?
In the administrative functions, the matters related to the terms and conditions of civil servants are basically decided
by the concerned departmental authorities. When a person is unsatisfied from the decision of his department, he can
file an appeal against a departmental order to the service tribunal.
Statutory Reference Sections 4, 5 & 9 of Punjab Service Tribunals Act 1974
and rules 5-26 of Punjab Service Tribunals (Procedure) Rules 1975
Who Can File Appeal? According to section 4, only a civil servant who is aggrieved by any final order of a departmental
authority can file appeal to tribunal. The final order against which appeal is sought can be an original or appellate
order. The most important condition u/s 4 is that the aggrieved person must be a civil servant.
Civil Servant means a person who is or who has been a member of a civil service of the Province or who holds or has
held a civil post in connection with the affairs of the province. But following are not included in civil servants:
i. a person who is or has been on deputation to the Province from Federation or any other Province or authority
ii. a person who is or has been employed on contract or on work charged basis or who is paid from contingencies
iii. a person who is or has been a worker or workman as defined in the Factories Act 1934
Limitation Period for Filing Appeal The appeal can be filed within 30 days of the communication of departmental
order to the civil servant and coming into his knowledge
Restrictions & Bars to Appeal to Tribunal In the following cases, appeal to service tribunal is not allowed:
i. where an appeal, review or representation to a departmental authority is given under Punjab Civil Servants
Act 1974 or under any other rules, unless such appeal, review or representation is not decided in 90 days
ii. no appeal can be filed to a tribunal against an order or decision of a departmental authority determining the
fitness etc of a person to hold a post or to be promoted to a higher grade or post
Powers of Tribunal in Deciding Appeals On deciding the appeals, a tribunal can either confirm, set aside, vary or
modify the order against which the appeal was filed
Exercising General Powers of a Civil Court A tribunal while deciding an appeal exercises similar powers as are vested
in a civil court under the Code of Civil Procedure 1908. A tribunal generally exercises following powers of civil courts:
i. enforcing the attendance of any persons and examining them on oath
ii. compelling the production of any documents
iii. issuing commissions for the examination of witnesses and documents
No Court Fee on Appeals to Tribunals No court fee shall be payable on filing appeals to tribunal and no fee for
exhibiting any document to tribunal and no fee shall be payable for obtaining any document from the tribunal
Application of Provisions of Limitation Act 1908 The provisions of section 5 (extension of period of limitation in
certain cases) & section 12 (Exclusion of time spent in legal proceedings) shall also apply to appeals to tribunals
Procedure for Filing Appeal to Tribunal Following procedure is provided in Punjab Service Tribunal Rules 1975:
i. Sent to Registrar Every appeal to tribunal must either be sent to registrar by registered post or it can be
presented to him personally by applicant or through his advocate
ii. Memorandum of Appeal A memorandum of appeal shall be prepared in the manner provided in rule 6. It must
be correctly & concisely written or printed  divided into paragraphs  contain full name, designation & place
of posting of each party  it must clearly mention the relief claimed  it must accompany the copy of final
order and copies of the rules orders on which the appellant relies  it must be signed and thumb impressed by
the appellant  It must accompany 3 spare copies of the whole memorandum of appeal and as many other
copies of memorandum as there are the numbers of respondents 
iii. Scrutiny by Registrar Registrar scrutinizes every appeal. If appeal is prepared correctly, he shall register it in
register of appeals and shall fix a date for its preliminary hearing with the approval of chairman or will return it
iv. Preliminary Hearing On date fixed for preliminary hearing, tribunal can dismiss appeal in limine after hearing.
But if appeal is not dismissed in limine, then it will be taken for further full hearing of the appeal
v. Notices Notices for admission of appeal & date fixed for hearing shall be sent to appellant, respondents etc.
vi. Objection or Reply of Respondents Reply of respondents must be submitted 7 days before date of hearing
vii. Determination of Questions Tribunal shall decide all questions arising in appeal on basis of affidavits &
documents submitted but tribunal may also seek attendance of any witnesses on the cost of any parties
viii. Ex parte Decisions If on date fixed for hearing, appellant or respondent absents, tribunal may decide ex-parte
ix. Final Decision & Copies When tribunal decides appeal finally, copies of orders are given free of cost to parties
x. Correction of Mistakes Tribunal has power to correct any mistakes in order on his own or on request of parties
Appeal against Order of Tribunal Civil Petition for leave to appeal under Article 212 (3) of the Constitution of Pakistan
within 60 days from date of order of tribunal can be filed to Supreme Court on a point of law

10
Discuss procedure of inquiry against civil servants under Punjab Civil Servants (Efficiency & Discipline) Rules 1975?
The provincial legislature in Punjab passed a law relating to inquiries about unlawful conducts of civil servants and
about passing of punishments or penalties against civil servants in Punjab in 1975. This law provides a procedure to be
followed before passing any punishment to a civil servant. The procedure is based on the principles of natural justice.
Statutory Reference Rules 5-12 of the Punjab Civil Servants (Efficiency & Discipline) Rules 1975 deal inquiry procedure
Persons Involved in Proceedings Following four persons are involved in the entire procedure against civil servant:
i. Accused He is a civil servant against whom action is taken & proceedings are started under these rules
ii. Authority It means the government or any officer having such powers of an authority
iii. Authorized Officer It is an officer to whom an authority directs to proceed against a civil servant
iv. Inquiry Officer or Inquiry Committee It is an officer or committee appointed by the authorized officer
General Grounds for Proceedings Proceedings can be initiated on ground of  subversion  corruption  misconduct
Departmental Proceedings against Civil Servant Following is the procedure for inquiries against a civil servant:
Initiation of Proceedings An authority can initiate proceedings against a civil servant in the following ways:
 on a sue moto action by authority  on a complaint filed against civil servant  on recommendation of anti-corruption
Direction to Authorized Officer The authority initiating proceedings can direct an authorized officer to proceed further
Procedure Observed by Authorized Officer Following procedure is adopted by authorized officer against civil servant:
i. Suspension or Leave of Accused The accused can be suspended or sent on leave temporarily by the authority
ii. Extension of Suspension or Leave Suspension & leave can be further extended every 3 months by authority
iii. Decide if Inquiry is Needed The authorized officer must decide within 3 days of receiving direction that
whether in the interest of justice and in the light of facts an inquiry in that matter is needed or not
iv. If Inquiry Not Needed If authorized officer decides that the inquiry is not needed, he shall proceed as under:
a. The officer shall inform the accused in writing that what action he is taking against him & its grounds
b. The officer shall give accused a reasonable opportunity to show cause against such action in 14 days
 No such opportunity is given when it is against the security of Pakistan in any way
c. Within 7 days after receiving explanation of accused, officer shall decide whether charge is proved
d. If charge is proved & officer thinks it a case for a minor penalty, he shall pass any order after giving him
an opportunity of personal hearing.
e. If officer thinks it a case of major penalty, then after giving accused an opportunity to offer his
explanation against the recommendation for major penalty, officer shall forward the case to authority
f. In cases of joint inquiries, where officer suggests some minor & other major penalties, then he shall
send the whole case to the authority for taking a final action
g. In every such case when the authorized officer decides that inquiry is not necessary, he is bound to
finalize the proceedings within a period of 45 days from date of receipt of direction from the authority
v. If Inquiry is Needed If the authorized officer thinks that inquiry is needed, he shall appoint an inquiry officer
senior in rank to accused or appoint an inquiry committee in which at least one person is senior in rank
vi. Procedure of Inquiry Officer or Inquiry Committee Inquiry officer or committee holds the following procedure:
a. Inquiry officer or committee firstly receives a charge against accused named by authorized officer
b. The inquiry officer of committee require the accused to submit his written reply within 14 days
c. Inquiry officer or committee shall enquire into charge & may examine any oral/ documentary evidence
d. The inquiry shall be held from day to day and no adjournments shall be given except for reasons, every
adjournment shall be notified to authorized officer and no adjournment for more than 7 days allowed
e. Inquiry officer or committee can warn accused if in their opinion he is hampering progress of inquiry
f. Inquiry officer or committee shall complete the inquiry within a period of sixty days unless extended
Action by Authority In all above situations when the authorized officer also caused an inquiry or where he did not
cause an inquiry, the authority may pass any reasonable orders after receiving all reports by authorized officer. But
before imposing any major penalty, the authority shall give the accused an opportunity of hearing.
De Novo Inquiry In any case where the authority is satisfied that the inquiry against an accused person are not
conducted according to law, the authority may order a de novo inquiry (a new, fresh inquiry)
Power to Order Medical Examination In cases of inefficiency of a servant on ground of any infirmity to his body or
mind, the authority can order for the medical examination of the accused, such report will be part of proceedings
General Powers of Inquiry Officer or Committee An inquiry officer or inquiry committee has powers like a civil court
including summons, attendance, production of documents, receiving evidences & issuing commissions etc.
No Representation through Counsel No party to any proceedings under these rules can be represented by his lawyer
before any authority, authorized officer, inquiry officer or an inquiry committee

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Explain penalty, on what grounds penalty is awarded & what are minor & major penalties provided in service rules?
We know that the administrative authorities perform multiple tasks. Besides their administrative functions, sometimes
they perform quasi-judicial & quasi-legislative. In the performance of quasi-judicial tasks, administrative authorities
have powers to punish civil servants. Such punishments are called penalties under service rules.
Statutory Reference Following rules deal with the infliction of penalties on the civil servants:
i. Central Law Government Servants Efficiency & Discipline Rules 1973 ……. Rules 2, 3 & 4
ii. Provincial Law Punjab Civil Servants (Efficiency & Discipline) Rules 1975 …….Rules 2, 3 & 4
Penalty Penalty is a punishment imposed on a wrong doer. It may cause any deprivation of right, imposition of fine or
any other harsh treatment which is unpleasant and injurious to the offender.
Grounds for Imposition of Penalties According to sec 3 of both federal & provincial rules, a civil servant can be
punished for the following reasons:
i. Inefficiency Inefficiency means a state of not achieving maximum productivity and failure to make the best use
of time or resources. A civil servant can be punished for his inefficiency in the service. When his performance
is not upto the mark, very slow, lazy and unsatisfactory.
ii. Guilty of Misconduct The word ‘misconduct’ is defined in sec 2. It means a conduct which is against good order
or service discipline or it is against Government Servants Conduct Rules 1966 or a conduct not suitable to an
officer or a gentleman and includes any conduct creating any political or other pressure on any authority for
appointment, promotion, transfer, retirement or punishment of a civil servant.
iii. Corruption A civil servant can be punished when he is caught in corruption or when there are reasonable
grounds for considering that he is corrupt. He can be considered corrupt in following situations:
a. When he, or any of his dependents or any other person on his behalf gets possession of pecuniary
resources or other properties which are disproportionate to his known sources of income and for
which he cannot give satisfactory explanations, or
b. He has adopted a style of living beyond his ostensible means, or
c. He has a public reputation of being corrupt
iv. Engaging in Subversive Activities Civil servant can be punished on engaging in subversive activities or
reasonable suspection of engaging in such activities, or on disclosing official secrets to unauthorized person
Penalties against Civil Servants According to sec 4 of the E & D rules, following penalties can be imposed on CS:
A. Minor Penalties Minor penalties are less severe punishments. Following minor penalties can be imposed:
i. Censure It is a condemnation, criticism or blame in express statements by an authority. In such cases,
an authority or authorized person can simply pass censure against a civil servant. The authority shows
formal disapproval against an act, misconduct or violation of servant. It is a very minor punishment.
ii. Withholding Promotion or Increments In this punishment, the promotion or increments of a civil
servant are stopped and refused
 Any recommendations in PER for unfitness for promotion does not fall in minor penalty
 Any withholding of promotion or increment for financial advancement does not fall in minor penalty
iii. Stoppage at an Efficiency Bar A servant can also be punished with stopping him for a specific period at
an efficiency bar. Crossing of efficiency bar gives right to next pay scale and increments.
 Efficiency Bar Efficiency bar in a time scale of pay is a stage where the further increment is subject to
the crossing of the bar. Such bar is crossed by issuance of formal orders by competent authority
when it is satisfied about the efficiency, work & conduct of the employee.
B. Major Penalties Major penalties are severe punishments. Following minor penalties can be imposed:
i. Reduction of Post, Grade A civil servant can be reduced to lower grade or to lower post as punishment
ii. Recovery of Loss A civil servant can be punished to bear all pecuniary loss caused to the government by
his negligence or breach of any orders
iii. Compulsory Retirement A civil servant may also be punished with compulsory retirement. It is an order
of retirement of civil servant before the expiry of his term of service.
iv. Removal from Service A civil servant can be removed form service as a major punishment.
v. Dismissal from Service A civil servant can also be dismissed from his service as a major punishment.
 Consequences of Removal or Dismissal A person removed from service is not prevented from any future
employment but a person dismissed from service is banned and prevented from any future employment
 Removal & Dismissal does not Include Both removal & dismissal does not include discharge from service:
a. Discharge from service of a person during period of probation who was appointed on probation
b. Discharge from service of a person who was appointed to hold a temporary post without contract

12
Explain the limitations on government servants regarding buying and selling of movable & immovable property,
regarding borrowing & lending, regarding taking part in political activities & election, regarding raising of funds?
The governments in every civilized society must be very responsible and accountable to public. It must not engage in
activities which destroy the credibility & reputation of government in public. A government is composed of its servants
and employees. So, the conduct of civil servants working under any government must also be fit to the standards
provided by that government. In Pakistan, both central & provincial laws (rules) have been framed for conduct of civil
servants. All civil servants under federal or provincial governments are bound to follow these rules.
Statutory References Following central & provincial laws deal with the conduct of federal & provincial employees:
i. Central The central rules made by President are called; Government Servants Conduct Rules, 1964
ii. Provincial The provincial rules made by Punjab Govt are; Punjab Govt Servants Conduct Rules 1966
Government Servant A government servant, civil servant or public servant is a person employed in the public sector
on behalf of a government department or agency.
The Object of Rules of Conduct The primary object of framing the rules of conduct for the government servants is to
create a check on their activities and to make their transactions in record. These rules are the guidelines and directions
for civil servants to keep their conducts in accordance with such guidelines.
Limitations under Conduct Rules Both the central & provincial conduct rules provide various limitations on the
working and activities of the civil servants. Following are certain limitations provided for the conduct of civil servants:
A. Limitations regarding Political Activities Limitations regarding political activities:
i. Taking Part in Political Movements Himself No Government servant shall take part in any political
movement in Pakistan. He must not also aid or assist any such political movement.
 No government servant shall convass or use his influence for any election of legislative body
 A Government servant cannot issue an address to electors or cannot publicly announce
himself as a candidate or a future candidate for election to a legislative body
ii. Taking Part in Political Movements of his Dependents No Government servant shall permit his
dependent or any persons under his care or control to take part in any political movement or activity
which is directly or indirectly subversive to the Government
iii. Taking Part of Dependents in Political Associations No Government servant shall allow any member of
his family, dependent to involve in political activity, or form political association and be its member
iv. Secrecy of Voting A government servant qualified to vote, can cast his vote but he shall give no
indication of the manner in which he proposes to vote or has voted.
B. Limitations regarding Borrowing & Lending The conduct rules impose certain limitations on government
servants about borrowing & lending of moneys.
i. Lending of Money No Government servant shall lend money to any person within the local limits of his
authority or any person with whom he has any official dealings. A government servant cannot also
place himself under any pecuniary obligation to such person.
ii. Borrowing of Money No Government servant shall borrow money from any person within the local
limits of his authority or any person with whom he has any official dealings.
Note When a government servant is appointed or transferred to a post where a person from whom he
has borrowed money or with whom he has a pecuniary interest has come under his official authority,
he must declare such circumstances to the Government through a usual channel and a Non-gazetted
Government servants shall make the declaration referred to in sub-rule (2) to the head of their office.
Exception The above rule shall not apply to dealings with a joint stock company, bank or a firm
C. Limitations regarding Buying & Selling Limitations about taking part in political activities:
i. Buying & Selling A govt servant cannot sale, purchase or dispose of property exceeding value of
100000 rupees without permission of his head of department or secretary of government.
ii. Reporting of Transaction with Subordinates All transaction with subordinates be reported to deprtmnt
iii. Private trade, employment or work No Government servant shall engage in any trade or undertake
any employment or work, other than his official duties, but he can do so with sanction of government
iv. Declaration of Property On entering in Govt service, every Government servant shall make a
declaration to the Government of all immovable and movable properties including shares, certificates,
securities, insurance policies and jewellery having a total value of Rs.50,000 or more belonging to or
held by him or a member or his family
v. Property Below 100000 No permission for buying-selling property below 100000 but must be reported
D. Raising of Funds Govt servants cannot take part in raising of funds without permission of higher authority

13
Define & explain the concepts of ‘Locus Standi’ and ‘Aggrieved Person’? …… (Note on Bias is already discussed)
AGGRIEVED PERSON
In all civil, criminal or administrative actions, the first thing a court enquires is that whether any person has been
affected by an action or not. The courts will provide remedies only to those persons who are actually & really affected
Aggrieved – Black’s Law Definition A person who has suffered any loss or injury
General Definition of Aggrieved A person whose legal, personal, pecuniary or proprietary right is affected by a
government, authority or by other person. In administrative law, a person who is affected by an administrative action
Who are Aggrieved Persons? The aggrieved person generally must be a person whose any legal right or interest has
been violated by others. In different cases following persons are aggrieved persons:
i. Violation of Personal Rights Only a person whose personal right is violated, will be an aggrieved person
ii. Violation of Fundamental Right Only a person whose fundamental right is violated, will be an aggrieved person
iii. Violation of Constitution All citizens of a country are aggrieved persons in case of violation of constitution
iv. Public Wrongs & Injuries All members of public or a society will be aggrieved persons in case of public wrongs
Remedies available to Aggrieved Persons
Public Law Remedies High Court under Art 199 & a Supreme Court under Art 184 (3) provide public remedies
i. Habeus Corpus The Latin Term Habeas Corpus means “to produce the body”. This write is issued to
institution or prison to release the prisoner or bring it before the court.
ii. Mandamus This writ is issued for government official or other authority directing him to do a certain
act strictly according to law. It means an order to do an act which a person is bound by law to do.
iii. Certiorari This write is issued when a lower court or other authority has made a decision which is
incorrect or inappropriate. The High Court can require record of that matter and can revise decision.
iv. Quo Warranto It simply means “under what authority you are holding this office”. This writ is issued
when a person claims any power without any legal authority.
v. Prohibition This write is issued to prevent or stop a person or authority when that person or authority
exceeds its jurisdiction and tries to perform an act which is outside his powers and authority.
Private Law Remedies Following remedies are available to a citizen under private law review:
v. Statutory Remedies It includes filing civil suit if allowed, filing appeals of civil suit or appeal to tribunal
vi. Equitable Remedies It includes filing declaratory suits and prohibitory or mandatory injunctions
vii. Tortious Remedies A person can claim liability of govt for any tortious acts of its servants & employees
Other Remedies An aggrieved person may have some other remedies which are not judicial. Such remedies
include a parliamentary remedy, freedom of expression through press, general criticism etc.
LOCUS STANDI
Concept of locus standi and aggrieved person are two sides of a coin. Only after understanding concept of aggrieved
person, we can understand that who has a locus standi and who does not. Concept of Locus standi is common to all
branches of law. In civil, criminal or in administrative matters, question of locus standi is a very fundamental question.
For a plaintiff to initiate any legal proceedings, he must first satisfy the court that he has a right to stand in the court
Meaning of Locus Standi It is a Latin term which means a place to stand.
General Meaning It means a right to be heard, right to appear in court, right to bring an action to the court
Locus Standi - Black’s Law Definition It means a right of appearance before a court of law, or before a legislative body
Test of Locus Standi A court determines the right of plaintiff to stand in the court by asking the question of locus
standi. So this question is very vital for determination of the right of person appearing before the court.
i. When a Person has no Locus Standi When a person appearing in court cannot satisfy the court about his right
of standing in court, the court will reject his right of hearing and will refuse to proceed with the case.
ii. When a Person has Locus Standi When a person satisfies the court that he has locus standi, then the court will
allow him to  file a suit or an action in court  to address to the court & be heard  to be present & participate
Who has the Locus Standi? The basic principle applied to check the locus standi of any person is to check whether that
person has any legal right, special interest or any sufficient interest. Historically there are two views on this question:
a. Traditional View The old view about locus standi was that the judicial remedies are available only to a person
who has suffered a legal injury and his legal right or legally protected interest has been violated by an action of
the state or any authority or any other person. Or a person who is likely to suffer a legal injury for any threats
b. Modern View In present time, courts have softened and relaxed the rigid historical view about locus standi:
i. When a person is unable to approach the court himself, any other person on his behalf can approach
ii. A rate-payer or a tax-payer also has a locus standi to challenge an illegal action of an authority
iii. Any person can file writ of quo-warranto against usurpation of any public office or illegal appointment

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iv. Public Interest Litigation Any member of public can bring an action to court in which public wrong or
injury is caused by an act or omission of state or public authority in violation of constitution of any law
Write short notes on the following terms or concepts? (Civil Servants Act 1973 & Punjab Civil Servants Act 1974)
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
Civil Servant means a person who is a member of a civil service of the Province or who holds a civil post in connection
with the affairs of the province. But following are not included in civil servants:
i. a person who is or has been on deputation to the Province from Federation or any other Province or authority
ii. a person who is or has been employed on contract or on work charged basis or who is paid from contingencies
iii. a person who is or has been a worker or workman as defined in the Factories Act 1934
Probation Simply it means a duration in which the employee's performance and suitability are assessed. At the end of
the probationary period, the employee is either appointed to the position or rejected on probation
Probation for Initial Appointments An initial appointment to a service or post, not being an ad hoc appointment, shall
be on such probation and for such period of probation as may be prescribed.
Probation for Promotion or Transfers Any appointment of a civil servant by promotion or transfer to a service or post
may also be made on such probation and for such period of probation as may be prescribed.
Failure to Complete Probation Where, in any service or post, an examination, test, course or successful completion of
any training is a condition to satisfactorily complete the probation. But a person appointed on probation to such
service or post, fails to pass such examination, test or training shall, be treated as under:
a. if he was appointed to such service or post by initial recruitment, he will be discharged from service; or
b. if he was appointed to such service or post by promotion or transfer, he will be reverted to the service or post
from which he was promoted or transferred and against which he holds a lien or, but if there is no such service
or post present, he will be discharged.
Confirmation It simply means an order by which the service of an employee is confirmed & becomes permanent
Eligibility for Confirmation of Person Appointed on Probation A person appointed on probation shall, on satisfactory
completion of his probation, be eligible for confirmation in a service or a post as may be prescribed.
Confirmation of Person Promoted to a Post on Probation A civil servant promoted to a post or grade on probation
shall, on satisfactory completion of his probation, be confirmed in such post or grade as may be prescribed.
Confirmation of Person Promoted to a Post on Regular Basis A civil servant promoted to a post or grade on regular
basis shall be confirmed after rendering satisfactory service for such period as may be prescribed.
No Confirmation for Temporary Posts There shall be no confirmation against any temporary post.
A Person Eligible for Confirmation Retires before Confirmation A civil servant who, during the period of his service, was
eligible for confirmation in any service or against any post, but he retires from service before confirmation. He shall
not be refused confirmation in such service or against such post or any benefits.
When Confirmation Takes Effect Confirmation of a civil servant in a service or against a post shall take effect from the
date of the occurrence of a permanent vacancy in such service or against such post or from the date of continuous
officiation, in such service or against such post, whichever is later.
Seniority It is a privileged position earned by reason of longer service or higher rank.
Seniority in Initial Appointment to a Service, Cadre Seniority on an initial appointment to a service, cadre, grade or
post shall be determined in the prescribed manner.
Seniority in a Post, Service, Cadre Seniority in a post, service, or cadre to which a civil servant is promoted shall take
effect from the date of regular appointment to that post:
 Provided that civil servants who are selected for promotion to a higher post in one batch shall on their
promotion to the higher post retain their inter-se seniority in the lower post.
Preparation of Seniority Lists For proper administration of service or cadre the appointing authority shall from time to
time cause a seniority list of the members of such (service or cadre) to be prepared.
Determination of Seniority Seniority of a civil servant in relation to other civil servants belonging to the same service or
cadre, whether serving in same department or office or not, shall be determined in such manner as maybe prescribed
Promotion A civil servant possessing such minimum qualification which is prescribed, shall be eligible for promotion to
higher post for the time reserved under rules for departmental promotion in the service or cadre to which he belongs
Promotion to Selection & Non-selection Posts A post may either be selection or non-selection post:
i. Selection Post Promotion to a selection post will be made on the basis of selection on merit
ii. Non-Selection Post Promotion to a non-selection post will be made on the basis of seniority-cum-fitness

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 Where a promotion is to be given on the principle of “seniority-cum-merit”, such promotion will not granted
automatically on the basis of seniority alone, but, also in parallel consideration of the merit of the candidate.
Out of Turn Promotion A civil servant who provenly exhibits exemplary intellectual, moral and financial integrity and
high standard of honesty and gives extraordinary performance in the discharge of his duties. Such civil servant may be
granted out of turn promotion or award or reward in such manner as may be prescribed.
In the recent judgments of Honorable Supreme Court Contempt Proceedings against Chief Secretary, Sindh (2013
SCMR 1752) and Ali Azhar Khan Baloch Vs. Province of Sindh (2015 SCMR 456). Through the former judgment inter alia
the practice/concept of out of turn promotions was declared unconstitutional, being against Fundamental Rights as
enshrined in the Constitution of the Islamic Republic of Pakistan, 1973.
Termination of Service It simply means the end of relationship between employer and employee regarding service
The service of a civil servant may be terminated without notice in the following ways:
i. Termination of Initial Appointment The service of a person appointed on initial appointment can be
terminated during the initial or extended period of his probation:
 Termination of Appointment on Probation or Transfer Provided that, where such civil servant is
appointed by promotion on probation or, as the case may be, is transferred and promoted on probation
from one service cadre or post to another service, cadre or post his service shall not be terminated so
long as he holds a lien against his former post, service or cadre, and he shall be reverted to his former
service, or as the case may be, cadre or post;
ii. Termination of Ad-hoc Appointment If the appointment is made on ad hoc basis which is liable to termination
on the appointment of another person on the recommendation of the selection authority. Then service of
person appointed on ad-hoc basis will be terminated on appointment of such other person.
Termination of Most Junior Person In the event of a post being abolished or number of posts in a cadre or service
being reduced the services of the most junior person in such cadre or service shall be terminated.
Notice of Termination Notwithstanding the provisions of sub-section (1) but subject to the provisions of sub-section
(2), the service of a civil servant in temporary employment or appointed on ad hoc basis shall be liable to termination
on thirty days’ notice or pay in lieu thereof.
Retirement from Service The retirement of a civil servant shall be in any of the two following modes:
i. Special Direction for Retirement on Completion of 20 Years A civil servant shall retire from service after he has
completed twenty years of service qualifying for pension or other retirement benefits. Retirement after
completion of 20 years will apply only if any competent authority issues any special direction in public interest
ii. Where No Special Direction, Retirement after 60 Years of Age When no special direction is given under clause
(i) then a civil servant shall retire on the completion of the sixtieth year of his age.
No Direction under Clause I until Civil Servant Informed No direction under clause (i) of sub-section (1) shall be made
until the Civil Servant has been informed in writing of the grounds on which it is proposed to make the direction and
has been given a reasonable opportunity of showing cause against the said direction.
Competent Authority In this section "competent authority" means the appointing authority prescribed in rule 6 of the
Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974.
Employment after Retirement The civil servants act also provide rules for employment after retirement from service
No Re-employment under Government A retired civil servant shall not be re-employed under the Government unless
such re-employment is necessary in the public interest
 When Re-employment under Govt can be Made Such re-employment under the government can be made
with prior approval of the authority next above the appointing authority
 No Approval Needed when Governor is the Appointing Authority Where the appointing authority was the
Governor, then such approval is not required
Private Employment during Leave Preparatory to Retirement or After Retirement Under sub-section (1) of Section 3 of
Ex-Government Servants (Employment with the Foreign Governments) (Prohibition) Act, 1966, a civil servant may,
during leave preparatory to retirement, or after retirement from Government service, seek any private employment
Prior Approval of Authority Provided that, where employment is sought by a civil servant while on leave preparatory to
retirement, he shall obtain the prior approval of the prescribed authority.
 Leave Preparatory to Retirement At time of retirement, all holidays in stock of employee can be converted into
a leave with pay. The maximum period upto which a civil servant may be granted leave preparatory to
retirement shall be three hundred and sixty-five days. Such leave may be taken, either on full pay, or partly on
full pay and partly on half pay, or entirely on half pay, at the discretion of the civil servant.

16
Censure It is a condemnation, criticism or blame in express statements by an authority. In such cases, an authority or
authorized person can simply pass censure against a civil servant. The authority shows formal disapproval against an
act, misconduct or violation of servant. It is a very minor punishment.

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Royal Law College Arifwala ': 0305-5961115

Royal Law College Arifwala ': 0305-5961115

Royal Law College Arifwala ': 0305-5961115

Royal Law College Arifwala ': 0305-5961115

Royal Law College Arifwala ': 0305-5961115

Royal Law College Arifwala ': 0305-5961115

Royal Law College Arifwala ': 0305-5961115

Royal Law College Arifwala ': 0305-5961115

Royal Law College Arifwala ': 0305-5961115

Royal Law College Arifwala ': 0305-5961115

Royal Law College Arifwala ': 0305-5961115

Royal Law College Arifwala ': 0305-5961115

Royal Law College Arifwala ': 0305-5961115

Royal Law College Arifwala ': 0305-5961115

Royal Law College Arifwala ': 0305-5961115

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