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Sindh Civil Servants (Appeal) Rules, 1980

 

20th November, 1980

 

No. SOIX-REG (S & GAD) 2/J/2-76.–In exercise of the powers conferred by section 26 of the Sindh Civil Servants .Act, 1973, the Government of Sindh is pleased to make the following Rules, namely:-

 

1. (1) These Rules may be called the Sindh Civil Servants (Appeal) Rules, 1980.
(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 the officers mentioned in column 3 of the Schedule;
(b) “competent authority” means the officer mentioned in column 2 of the Schedule;
(c) “schedule” means the Schedule appended to these rules.

3.-(1) A civil servant aggrieved by an order of the competent authority relating to the terms and conditions of his service may, within 30 days from the date of the order, prefer an appeal to the appellate authority:
Provided that where the order is made by the Government there shall be no appeal by the civil servant but he may apply for review of the order:
Provided further that the appellate authority or as the case may be, Government may condone the delay in preferring appeal or review petition, if it satisfied that the delay was for reasons beyond the control of the appellant or for the reasons that the earlier appeal or review petition was not addressed to the proper forum.
(2) Where the order of the competent authority affects more than one civil servants every affected civil servant shall prefer appeal separately.
(3) Where the civil servant has died, the appeal may be filed or pursued if it has already been filed, by any of his legal heirs entitled to inherit his property; provided that the benefit likely to accrue in the appeal is heritable.

4.-(1) Every Memorandum of Appeal shall-
(a) contain full name and address, official designation and place of posting of the appellant;
(b) state in brief the facts leading to the appeal;
(c) he accompanied by a certified copy of the order appealed from and copies of all other documents on which the appellant wishes to rely.
(2) The appeal shall he submitted through the head of the office in which the appellant is posted at the time of filing the appeal and the said head of the office shall forward the appeal to the competent authority if he himself is not such authority, and the competent authority shall after adding his own comments if any transmit the appeal to the appellate authority.

5. (1) The appellate authority shall, on receipt of appeal, call for the record of the case from the competent authority and after perusal of such record and if considered necessary hearing the appellant and the representative of the competent authority make such order as it may deem fit:
Provided that if the appellate authority proposes to make an order adversely affecting the appellant, it shall give him reasonable opportunity to show cause against making of such order.
(2) The appellate authority, shall communicate the order made by it to the appellant if he is not present at the time of announcement of the order.

6. (1) Where the competent authority has made an order before coming into force of these rules, appeal from that order can be filed within 30 days of the announcement thereof.
(2) All appeals pending immediately before coming into force of these rules shall be disposed as appeals under these rules.

7. The Sindh Civil Servants (Appeal) Rules, 1975 are hereby repealed.

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