Comprehensive & Exhaustive Commentary in (2 Volumes)
Chapter-I
Constitutional Guarantees
Protection Of Law.
Right of Fair Trial.
Equality before Law
Principles of Policy.
Chapter-II
"Civil Servant" And "Service of Pakistan"
Constitutional and Statutory Provisions
Who Is Civil Servant?
Service under Statutory Bodies/ Corporations Etc.
Vires of S. 2a, Service Tribunals Act, 1973
History of S. 2a, Service Tribunals Act, 1973 (Lxx of 1973).
Rationale Behind S. 2a, Service Tribunals Act, 1973 (Lxx of 1973)
Ratio Decidendi of the Judgment (PLJ 2006 SC 1296)
Logical Analysis of the Findings of Supreme Court.
Interpretation of the Judgment by the Federal Service Tribunal.
Some Recent Cases Involving Interpretation of the Supreme Court’s Judgment.
Obligations of the Bar and Legislature under Changed Circumstances
Chapter-Ill
Appointments to Service of Pakistan
Constitutional Provisions.
Pleasure of the President/ Governor, History and Implications.
Transparency In Appointments
Quota System In Services Vis-A-Vis Equality Before Law
General Terms And Principles Regarding Appointments
Advertisement Of The Vacant Post, Sine Qua Non
Public Service Commission.
Recommendation of Selection Authority for Appointment.
Absorption Of Surplus Employees In Other Departments
Prescribed Qualification And Test/ Interview, Principles Relating To
Political Influence, Fraud, Nepotism And Favouritism In Appointments
Ban On Appointments
Illegal And Irregular Appointments, Termination Of.
Relaxation of Rules, Qualification and Age-Limit.
Relaxation to Children of Decease/ Ex-Employees
Army Personnel, Appointment in Civil Service
Ad Hoc Appointments.
Acting-Charge, Current-Charge, Daily-Wages, and Contract Appointments
Re-Employment
Chapter-IV
Probation and Confirmation
Definition of Probation and General Principles.
Regularisation of Service.
Principles for Confirmation of Service.
Termination (Simpliciter), Retrenchment And Dismissal Of Probationers/ Temporary Employees
Chapter-V
Pay And Allowances
Constitutional/ Statutory Protection
Equal Pay For Equal Work
Salary, Matters Relating To
Absorption Of Employees In Other Departments
Benefits For Holding Higher Post
Annual And Advance Increments.
Special and Graded Pay.
Secretariat Allowance.
Penalty of Reduction to Lower Stage in Time-Scale
Salary for the Period of Absence from Duty Due To Dismissal.
Chapter-VI
Seniority & Promotion
Seniority, General Principles.
Seniority List, Preparation, Value and Vested Right In.
Seniority on Absorption of Employees in Other Departments
Seniority on Appointment by Transfer or Absorption in Borrowing Department.
Seniority and Promotion Vis-À-Vis Remarks in A.C.Rs.
Pro Forma/ Retrospective Promotion And Antedated Seniority
Keeping Civil Servant Out Of Service For No Fault Of His Own, Seniority Etc. On Reinstatement.
Ad Hoc, Regular And Probationary Appointment/ Promotion, Principles For Reckoning Seniority
Army Personnel, Induction In Civil Service, Mode Of Reckoning Seniority
Deferment And Conscious Supersession In Promotion Cases
Methods And General Principles Governing Promotion
Importance Of Seniority In Promotion/ Seniority-Cum-Fitness
Ignorance Of Senior Without Assigning Reasons And Promotion/ Posting Of Junior
Promotion Not A Vested Right?
Direct Recruits and Promotees, Ratio of Promotion and Determination of Seniority
Change in Rules, Policy, Formula for Promotion
Acting-Charge, Current-Charge Appointment, Officiating and Probation
Out Of Turn Promotion
Recommendations of DPC/ Selection Board
Discrimination in Promotion 468 Up gradation Of Posts
Move-Over And Selection Grade
Requisite Qualification and Equivalence
Deputationist, Consideration for Promotion in Parent Department.
Criminal Prosecution And Disciplinary Proceedings, Effect On Promotion
Chapter- VII
Deputation
Definition And General Principles
Foreign Service, Meaning And Instructions Relating To.
Lien, Meaning and General Principles Relating To.
Permanent Absorption and Repatriation of Deputationist
Seniority of Deputationist after Absorption in Borrowing Department
Seniority of Deputationist after Repatriation to Parent Department.
Promotion of Deputationist in Borrowing or Lending Department
Chapter-VIII
Posting and Transfer
Posting, Meaning and General Principles
Terms and Conditions Not To Be. Varied
Prescribed Tenure Of Posting At One Place.
Sole Discretion and Prerogative of the Authority.
Disobedience of Transfer Order, Consequences of
Legal Remedies in Matters Relating To Transfer
Political Interference in Posting and Transfer.
Officer on Special Duty (O.S.D.).
Wedlock Policy.
Chapter-IX
Annual Confidential Reports
Significance Of A.C.Rs.
Competence/ Responsibilities Of Departmental Authorities
Disagreement Of Countersigning Officer With Reporting Officer
Departmental Instructions/ Illustrations, Force Of
Adverse Remarks.
Counselling Before Recording Adverse Remarks
Communication of Adverse Remarks
Delay in Writing A.C.Rs., Effect of
Average/ Advisory Remarks and Observations in Reports
A.C.Rs. Of Judicial Officers.
Effect Of Pending Disciplinary Proceedings Or Penalty On A.C.Rs
Remedies In Matters Relating To A.C.Rs
Chapter-X
Efficiency & Discipline
Statutory Provisions.
Words And Expressions
Departmental Disciplinary Proceedings, Nature Of
Rules Of Procedure And Evidence And Principles Of Natural Justice
Adoption Of G.S. (E&D) By Statutory Bodies Etc.
Preliminary Inquiry 620 Authority And Authorised Officer
Suspension. 634 Payment of Full Salary during Suspension.
Holding Formal/ Regular Inquiry or Adoption of Shorter Procedure.
Regular Inquiry, When Can He Dispensed With
Regular Inquiry. When Mandatory
Charge Sheet And Statement Of Allegations
Seeking Quashment Of Charge-Sheet In Constitutional Jurisdiction
Vagueness Of Charge, Effect On Propriety Of Inquiry.
Timely Service of Charge-Sheet.
Adequate Time To Meet The Charges
Additional/Extraneous Charges
Appointment, Status, Obligations And Powers Of Inquiry Officer/ Committee
Propriety And Fairness Of Inquiry
Right In Procedure Prescribed For Conducting Inquiry.
Irregularities in Inquiry or Bias, Objection to Be Raised at First Possible occasion.
Wilful Non-Participation of Accused in Inquiry
Ex-Pane Proceedings.
Rule of "Prejudice", Scope of Import in Departmental Inquiries.
Right Of Accused To Inspect Relevant Record.
Efficiency & Discipline Burden Of Proof and Standard of Evidence in Departmental Inquiries
Inquiry By Way Of Questionnaire without Recording Evidence
Recording Evidence behind the Back of Accused.
Evidence In Islamic Law
Examination Of Witnesses And Cross-Examination
Effect Of Refusal To Summon Defence Witnesses
Findings Of Inquiry Officer/ Committee
Findings To Be Based On Evidence And Not On Suspicion Or Speculations Or Extraneous Facts
Findings Of Inquiry Officer/ Committee, Whether Binding On Authorised Officer! Authority?
Reasonable Opportunity to Show Cause, Nature and Extent Of.
Non-Specification Of Proposed Penalty In Show-Cause Notice
Show-Cause Notice And Copy Of Inquiry Report
Second/ Final Show-Cause Notice And Copy Of Inquiry Report
Copy Of Inquiry Report, Whether Necessarily To Be Supplied
Personal Hearing
Criminal Prosecution
De Novo Inquiry
Administrative Order
Order Without Jurisdiction
Independent Application Of Mind, Requirement Of
Speaking Order And Mentioning Of Reasons
Void, Voidable And Orders Without Jurisdiction
Service Of Order 836 Orders Passed With Retrospective Effect
Abatement Of Disciplinary Proceedings On Retirement
Theory And Philosophy Of Punishments
Quantum Of Punishment
Unauthorised Absence From Duty
Punishment On The Charge Of Negligence
Discrimination In Awarding Punishments
Confession./ Admission Of Guilt, Effect On Award Of Punishment
Onus Of Offence On A Particular Person
Past Good Service Record, Consideration In Award Of Punishments
Single Slip Or Lapse In Entire Service
Revision Of Punishment
Chapter XI
Resignation
General Principles
Withdraw-Al Of Resignation
Allegation Of Coercion Or Duress In Obtaining Resignation
Chapter-XII
Retirement
Retirement, Meaning And Repercussions Of
General Principles.
Retirement In Public Interest, History And Validity Of
Vires Of Rules Providing Different Retiring Age On The Basis Of Sex
Leave Preparatory To Retirement (L.P.R.)
Pending Departmental Proceedings, Abatement On Retirement.
Option Of Voluntary Retirement
Golden Hand-Shake Scheme
Promotion And Seniority After Retirement
Taking Part In Politics And Elections After Retirement
Date Of Birth, Determination Of
Chapter-XIII
Pension
Meaning, Object And Nature
Islamic Concept Of Pensionary Benefits
General Principles
Legal Remedies
Entitlement To Increase In Pension Or Revision Of Pay Scales
Withholding Amount From Pensionary Benefits.
Length of Service Qualifying Towards Pension.
Provident and Benevolent Fund
Pension Etc. Upon Death Of Civil Servant
Chapter-XIV
Departmental Rules And Regulations
Delegated Legislation
Rules In Conflict With Parent Or Other Statute Or Principles Of Natural Justice
Special Law And General Law
Overriding Effect Of R.S.O., 2000
Power To Amend Rules And Its Effects
Statutory Force Of Rules And Regulations
Non-Statutory Rules And Regulations
Adoption Of Statutory Rules
Statutory Government Rules, Applicability To Statutory Bodies Etc.
Administrative Instructions
Relaxation Of Rules
Vices Of Statute, Rules And Regulations
Chapter-XV
Departmental Appellate Forum
Appeal, Meaning And Scope Of The Expression
Departmental Appellate Forum Mentioning Of Reasons In Appellate Orders.
Bias in Appellate Proceedings
Personal Hearing at Appellate Stage
Defect In Hearing at Original Side, Whether Curable At Appellate Stage
Chapter-XVI
Service Tribunals
Establishment and Jurisdiction of Tribunals
[19. Appeal before the Service Tribunal
Removal from Service (Special Powers) Ordinance, 2000
10. Appeal
Jurisdiction, Interpretation And Scope Of The Term
Lack Of Jurisdiction
Constitution And Jurisdiction Of Benches Of The Service Tribunal
Pakistan Army Act, 1952, Persons Subject To
Territorial Jurisdiction Of Service Tribunal
Obligations Of Service Tribunal
Power Of Service Tribunal To Dismiss Appeal In Limine
Ouster Of Jurisdiction Of Service Tribunal In Promotion Cases?
Vires Of Statute And Rules, Jurisdiction Of Service Tribunal To Examine
Fundamental Rights, Jurisdiction Of Service Tribunal To Enforce
Departmental Authority, Connotation Of The Expression
"Order", Implications Of The Word Occurring In S. 4 Of The Service Tribunals Act, 1973
Abatement Of Pending Proceedings
Worker, Workman Or Civil Servant, Test To Determine
Code Of Civil Procedure, Applicability To Proceedings Before Service Tribunal
Execution Of Tribunal's Judgment
Declaratory Relief Or To Issue Directions, Jurisdiction Of Service Tribunal
Su Moto Powers Of Service Tribunal?
Powers Of Service Tribunal To Interfere With The Order Appealed Against
Powers Of Tribunal And Supreme Court To Enhance The Punishment?
Remand of Case to Departmental Authorities
Review Jurisdiction of Service Tribunal?
Interim Relief, Power of Service Tribunal to Grant?
Back Benefits, Power of Service Tribunal to Grant.
Costs, Payment Of.
Action for Damages for Wrongful Dismissal from Service?
Chapter-XVII
Appeals Before Service Tribunal
Pre-Requisites Of Filing Appeal Before Service Tribunal
Departmental Appeal, Representation Or Review
Right Of Legal Heirs To Pursue Legal Proceedings.
Necessary Parties
Chapter-XVII
Appeals To Supreme Court
Petition For Leave To Appeal
Question Of Law Of Public Importance
Finding Of Fact, Scope Of Interference
New Plea Before The Supreme Court
Pleadings Of The Parties
Important General Principles
Review Jurisdiction Of The Supreme Court
Chapter-XIX
Limitation And Condonation Of Delay
Statutory Provisions
General Principles Of Limitation
Void, Illegal Or Order In The Nature Of Coram Non Judice, Applicability Of Limitation?
Limitation and Departmental Appeals/ Representations.
Limitation and Appeals before Service Tribunal
Continuous Cause of Action, Applicability of Limitation?
Time Spent In Seeking Remedy In Wrong Forum
Condonation Of Delay In Filing Appeal Before Service Tribunal
Petition For Leave To Appeal In Supreme Court, Limitation And Condonation Of Delay
Chapter-XX
Constitutional Jurisdiction
Constitutional Provision
Judicial Review, Meaning, Nature And Scope Of
Some General Principles
Supremacy, Scope And Extent
Territorial Jurisdiction
Interim Relief In Constitutional Jurisdiction.
Ouster Of Constitutional Jurisdiction In Matters Relating To Terms And Conditions Of Service
Final Order, Absence Of
Writ Of Quo Warranto
Appointments
Appointments, Cancellation Of.
Appointments and Political Influence
Quashment of Criminal Proceedings
Posting and Transfer.
Deputation
Pay and Allowances.
Seniority
Promotion.
Up gradation Of Posts
Selection Grade
Mover-Over
Resignation
Contractual Service
Termination of Service of Temporary Employees
Date Of Birth, Correction of
Retirement and Pension.
Pakistan Army Act, 1952, Bar On Invoking Constitutional Jurisdiction.
Directions to Departmental Authorities
Interlocutory Orders
Disciplinary Proceedings
Execution of Tribunal's Judgment.
"Person" Within the Meaning of Article 199.
"Aggrieved Person".
Clean Hand Doctrine
Alternate Remedy
Laches
Factual Controversy
Chapter-XXI
Binding Nature of Judgments
Judgment, Case-Law, Stare Decisis, Meaning and Connotation of
Judgment in Rem and Judgment in Personam.
Judgments of Federal Shariat Court and High Court
Contempt Of Court.
Chapter-XXII
Administration Of Justice
Concept Of Justice In Islam
Justice, Meaning And Scope Of
Procedural Technicalities
Cardinal Principles
Obligations Of Public Functionaries
Chapter-XXIII
Theory Of Master And Servant
History
Master And Servant Rules In Pakistan
Audi Alter am Partum Vis-À-Vis Theory
Exceptions To Applicability It The Theory
Scope And Repercussions Of The Theory
Application Of The Theory Or Otherwise To Certain Institutions.
Chapter-XXIV
Natural Justice
Natural Law
Natural Rights
Natural Justice
Nemo Debit Esse Judex In Propria Causa
Audi Alteram Partem
Natural Justice And Departmental Inquiries
Violation Or Natural Justice, Consequences If
Where Principle Of Natural Justice Not Violated
Chapter-XXV
Mala Fides
Malt Hide Of Its And Mala Tide In Fact. N1caning and Distinction.
Consequences of Mala Fide Exercise of Statutory Powers.
Test To Tied Mala Tides And Burden Of Proof
Interference: Courts
Chapter-XXVI
Discretionary Power
Chapter-.XXVII
Locus Poenitentiae
Meaning. Nature and Scope.
Rescission Of Illegal, Irregular Or Mala Tide Order
Revocation Of Appointments
Withdrawal Of Advance Increments
Seniority And Promotions
Change Of Policy
Withdrawal Of Selection Grade.
Recall of Regularisation of Service.
Recall Of Resignation/ Leave Preparatory To Retirement
Recovery Of Amount Irregularly Paid
Chapter-XXVIII
Res Judicata
Chapter-XXIX
Acquiescence, Waiver And Estoppel
Acquiescence.
Waiver
Estoppel
