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CIVIL SERVANTS (APPEAL) RULES, 1977

18th January, 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 :-

l.          (l)       These rules may he 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 the officer or authority next above the authority ;

(b)  'Authority' means the authority competent to appoint a civil servant under the rules applicable to him or an authority, [as defined in the Government Servants (Efficiency and Discipline) Rules, 1973] and

(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-

(a)  Niters to his disadvantage his conditions of service, pay, allowance or pension ; or

(b)  Interprets to his disadvantage the provisions of any rules whereby his conditions of service, pay, allowance or pension are regulated ; or

(c)  Reduces or withholds the maximum pension, including an additional pension, admissible to him under the rules governing pension ; 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 he promoted to a higher post or grade.

(2)      A member of an All-Pakistan Unified Grade serving under a Provincial Government may appeal from the order of the Provincial Government to the President.

(3)      A civil servant appointed by the President may appeal to the President from an order passed by an authority subordinate to the President.

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