Latest amendment made by the Khyber Pakhtunkhwa Service Tribunals (Amendment) Act, 2024 (Khyber Pakhtunkhwa Act No. XII of 2024).
[First published after having received the assent of the Governor of the 3[Khyber Pakhtunkhwa] in the Gazette of 4[Khyber Pakhtunkhwa]4 (Extraordinary), dated the 28th March, 1974).
ACT, to provide for the establishment of Service Tribunals to exercise jurisdiction in respect of matters relating to the terms and conditions of service of civil servants.
WHEREAS it is expedient to provide for establishment of Preamble. Administrative Tribunals, to be called Service Tribunals, to exercise exclusive jurisdiction in respect of matters relating to the terms and conditions of service of civil servants, and for matters connected therewith or ancillary thereto;
It is hereby enacted as follows:-
1. Short title, commencement and application.
(1) This Act may be called the 5[Khyber Pakhtunkhwa]5 Service Short title, commencement and Tribunals Act, 1974. application.
(2) It shall come into force at once.
(3) It applies to all civil servants wherever they may be.
2. Definitions.
In this Act, unless the context otherwise requires, the following Definitions. expressions shall have the meanings hereby respectively assigned to them, that is to say 3 | P a g e THE KHYBER PAKHTUNKHWA SERVICE TRIBUNALS ACT 1974
6[(a) ‘Civil Servant’ means a person who is or has been a civil servant the meaning of the 7[Khyber Pakhtunkhwa]7 Civil Servants Act, 1973 (8[Khyber Pakhtunkhwa]8 Act XVIII of 1973) but does not include a civil servant covered by the 9[Khyber Pakhtunkhwa]9 Subordinate Judiciary Service Tribunal Act, 1991.]6
(b) “Government” means the Government of the 10[Khyber Pakhtunkhwa]10
(c) “Province” means the 11[Khyber Pakhtunkhwa Province]11; and
(d) "Tribunal" means a Service Tribunal established under section 3.
3. Tribunals.
(1) The Governor may, by notification in the official Gazette, establish Tribunals. one or more Service Tribunals and, where there are established more than one Tribunal, the Governor shall specify in the notification the class or classes of civil servants in respect of whom or the territorial limits within which, each such Tribunal shall exercise jurisdiction under this Act.
(2) A Tribunal shall have exclusive jurisdiction in respect of matter relating to the terms and conditions of service of civil servants, including disciplinary matters.
(3) A Tribunal shall consist of-
(a) A Chairman being a person who 12[is]12 has been, or is qualified to be Judge of High Court; and
13[(b) six members, three of whom shall be from amongst District and Sessions Judges and three from amongst civil servants in BPS-20 or above.]13
6[(4) The Chairman and members of a Tribunal shall be appointed by the Governor in consultation with the Chief Justice of the Peshawar High Court.]6
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(5) The Chairman or a member of a Tribunal may resign his office by writing under his hand addressed to the Governor.
(6) The Chairman or a member of a Tribunal may be appointed by name or by designation.
15[(7) At any time when the Chairman of the Tribunal is unable to perform the functions of his office, due to any cause or the office of the Chairman is vacant, the senior most judicial member of the Tribunal shall act as Chairman, till the Chairman resumes his office or a regular Chairman is appointed, as the case may be.]15
16[3-A. Ad hoc appointment.
The Governor may, if necessary or expedient, for a particular case or cases, make an ad hoc appointment on the Tribunal of person qualified to be Chairman or a member as the case may be.]16
17[3B. Tenure, terms and conditions of service of Chairman and members.
(1) The Chairman and a member shall hold office for a period of Tenure, terms and conditions of three years or until he attains the age of sixty years, whichever is earlier, and shall service of not be eligible for re-appointment: Chairman and members.
Provided that if a judge of the High Court is appointed as Chairman, he shall hold office for a period of three years or until he attains the age of superannuation as judge of the High Court whichever is earlier.
(2) In case, a retired judge of the High Court is appointed as Chairman under clause (a) of sub-section (3) of section 3, he shall hold office for a period of three years and shall not be eligible for re-appointment.
(3) The other terms and conditions of service of the Chairman and members shall be such as may be determined by the Governor.]17
4. Appeals to Tribunals.
Any civil servant aggrieved by any final order, whether original or appellate Appeals to Tribunals. made by a departmental authority in respect of any of the terms and conditions of his service may, within thirty days of the communication of such order to him 18[or 5 | P a g e THE KHYBER PAKHTUNKHWA SERVICE TRIBUNALS ACT 1974 within six months of the establishment of the appropriate Tribunal, whichever is later]18, prefer an appearl to the Tribunal having jurisdiction in the matter:
Provided that ----
(a) Where an appeal, review or representation to a departmental authority is provided under the 19[Khyber Pakhtunkhwa]19 Civil Servants Act, 1973, or any rules against any such order, no appeal shall lie to a Tribunal unless the aggrieved civil servant has preferred an appeal or application for review or representation to such departmental authority and a period of ninety days has elapsed from the date on which such appeal, application or representation was preferred;20[ * * * ]20
(b) no appeal shall lie to a Tribunal against an order or decision of a departmental authority determining-
(i) the fitness or otherwise of a person to be appointed to or hold a particular post or to be promoted to a higher post or grade:or
(ii) the quantum of departmental punishment or penalty imposed on a civil servant as a result of a departmental inquiry, except where the penalty imposed is dismissal from service, removal from service or compulsory retirement 21[; and]21.
22[(c) no appeal shall lie to a Tribunal against an order or decision of a departmental authority made at any time before the 1st July, 1969.]22
Explanation.—In this section, "departmental authority" means any authority other than a Tribunal which is competent to make an order in respect of any of the terms and conditions of service of civil servants.
5. Constitution of Benches.
(1) There may be constituted one or more Benches, each consisting of— Constitution of Benches.
(a) the Chairman alone; or 6 | P a g e THE KHYBER PAKHTUNKHWA SERVICE TRIBUNALS ACT 1974
(b) the Chairman and one or more members; or
(c) 23[one preferably judicial member]23 or more member, to be nominated by the Chairman for the purpose of admitting appeals for hearing or dismissing appeals in limine on grounds to be recorded in writing after having heard the applicant or his counsel;
Provided that notwithstanding any thing to the contrary contained in this Act, the Bench consisting of the Chairman and one or more members 24[or]24 25[two members]25 may finally hear and dispose of appeal on merits:
Provided further that no orders shall be made by the Bench under this sub-section before giving the appellant or, as the case may be, the parties and their counsel an opportunity of being heard.
26[(2) In case a Bench consisting of more than one member is unable to arrive at a unanimous decision, the appeal shall be referred to the Chairman for consideration by the Tribunal.]26
Provided that where no majority view can be formed, the appeal shall be referred to other member to be nominated by the Chairman and the decision of the Bench shall be expressed in terms of the view of the majority.
(3) The Chairman may at any stage transfer cases from one Bench to another Bench or to the Tribunal.
(4) Any decision made by the Bench shall be deemed to be the decision of the Tribunal.
6. Hearing of appeals and their disposal.
(1) Except as otherwise provided, the appeals admitted for hearing shall Hearing of appeals and their be heard and decided by the Tribunal after giving the parties and their counsel an disposal. opportunity of being heard.
(2) If any member of the Tribunal is for any reason, unable to take part in the proceedings of the Tribunal, the Chairman and the other member 27[* * * *]27 may hear or continue to hear and finally dispose of the appeal.
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(3) If a Tribunal is unable to arrive at a unanimous decision, its decision shall be expressed in terms of the view of the majority.
7. Powers of Tribunals.
(1) A Tribunal may, on appeal, confirm, set aside, vary or modify the Powers of Tribunals. order appealed against.
(2) A Tribunal or a Bench constituted under section 5 shall, for the purpose of deciding any appeal, be deemed to be a civil court and shall have the same powers as are vested in such court, under the Code of Civil Procedure, 1908 (Act V of 1908), including the powers of-
(a) enforcing the attendance of any person and examining him on oath;
(b) compelling the production of documents; 29[and]29
(c) issuing commission for the examination of witnesses and documents 30[.]30
(3) No. court-fee shall be payable for preferring an appeal to, or filling, exhibiting or recording any document in, or obtaining any document from, a Tribunal.
32[(4) All the executions, pending before the Tribunal, shall be disposed of in a manner as may be determined by Government.]32
33[7A. Review.
(1) Any party, considering himself aggrieved by judgment or Review. order of the Tribunal, from which an appeal is allowed under this Act, but no such appeal has been preferred, may file a review petition to the Tribunal, 8 | P a g e THE KHYBER PAKHTUNKHWA SERVICE TRIBUNALS ACT 1974 within thirty days of the judgment or order, so passed, on the following grounds:
(a) discovery of new and important matter or evidence, which, after exercise of due diligence, was not within the knowledge of the petitioner or could not be produced by him at the time, when the order was passed;
(b) on account of some mistake or error, apparent on the face of record; or
(c) for any other sufficient cause.
(2) The Tribunal shall decide the review petition within sixty days.
(3) The Tribunal, while disposing of the review petition, may confirm, set aside, vary or modify its judgment or order.]33
8. Abatement of suits and other proceeding.
(1) Save as otherwise provided in section 10 all suits, appeals or Abatement of suits and other applications regarding any matter within the jurisdiction of a Tribunal pending in proceeding. any court immediately before the commencement of this Act shall abate forthwith:
Provided that any party to such a suit, appeal or application may, within ninety days of the commencement of this Act, prefer an appeal to the appropriate Tribunal in respect of any such matter which is in issue in such suit, appeal or application.
(2) Where any suit, appeal or application regarding any matter within the jurisdiction of a Tribunal has been disposed of by any court other than the Supreme Court before the commencement of the 34[Khyber Pakhtunkhwa]34 Service Tribunals Ordinance, 1973 35[Khyber Pakhtunkhwa]35 Ordinance No. l of 1974). any party felling aggrieved by the decision of such suit, appeal or application may, if such decision has not become final, within ninety days of the commencement of this Act, prefer an appeal to the appropriate Tribunal in respect of any such matter which was in issue in such suit, appeal or application.
9. Limitation.
The provisions of sections 5 and 12 of the Limitation Act, 1908 (Act IX of Limitation. 1908), shall apply for the purpose of appeals under this Act.
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10. Re-appeal and transfer of cases.
(1) The 36[Khyber Pakhtunkhwa]36 Civil Services (Appellate Tribunal) Re-appeal and transfer Ordinance, 1971 37[Khyber Pakhtunkhwa]37 Ord: of 1971), is hereby repealed. of cases.
(2) All Appeals pending before the Tribunal constituted under the 38[Khyber Pakhtunkhwa]38 Civil Services (Appellate Tribunals) Ordinance, 1971 39[Khyber Pakhtunkhwa]39 Ord. II of 1971), shall, with effect from the date of commencement of this Act, stand transferred to the appropriate Service Tribunal established under this Act and be deemed as instituted under this Act.
11. Power to make rules.
Government may, by notification in the official Gazette, make rules for Power to make rules. carrying out the purposes of this Act.
12. Repeal.
The 40[Khyber Pakhtunkhwa]40 Service Tribunals Ordinance, 1973 (41[Khyber Repeal. Pakhtunkhwa]41 Ordinance No. I of 1974), is hereby repealed.
This digital version of the Khyber Pakhtunkhwa Service Tribunals Act, 1974 is provided as-is. Although reasonable efforts have been made to ensure accuracy and avoid error, no warranty is made as to its accuracy or completeness. Consult the official sources or Gazette when legal accuracy is material.