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Khyber Pakhtunkhwa Service Tribunal

The Constitution of Islamic Republic of Pakistan 1973 provides for the establishment of one or more Administrative Courts or Tribunal to exercise exclusive jurisdiction in respect of matters relating to the terms and conditions of persons who are or have been in the service of Pakistan including disciplinary matters.

Article 212 of the Constitution

“(1) Notwithstanding anything hereinbefore contained the appropriate Legislature may by Act provide for the establishment of one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of—-

(a) matters relating to the terms and conditions of persons who are or have been in the service of Pakistan including disciplinary matters;

(b) matters relating to claims arising from tortious acts of Government, or any person in the service of Pakistan, or of any local or other authority empowered by law to levy any tax or cess or any servant of such authority acting in the discharge of his duties as such servant; or

(c) matters relating to the acquisition, administration and disposal of any property which is deemed to be enemy property under any law.

“(2) Notwithstanding anything hereinbefore contained, where any Administrative
Court or Tribunal is established under clause (1), no other Court shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extends and all proceedings in respect of any such matter which may be pending before such other Court immediately before the establishment of the Administrative Court or Tribunal , other than an appeal pending before the Supreme Court, shall abate on such establishment:

Provided that the provisions of this clause shall not apply to an Administrative Court or Tribunal established under an Act of a Provincial Assembly unless, at the request of that Assembly made in the form of a resolution, Majlis-e-Shoora (Parliament) by law extends the provisions to such a Court or Tribunal.”

(3) An appeal to the Supreme Court from a judgment, decree, order or sentence of an Administrative Court or Tribunal shall lie only if the Supreme Court, being satisfied that the case involves a substantial question of law of public importance, grants leave to appeal.

Pursuant to clause (1) a, the Provincial Assembly of Khyber Pakhtunkhwa has passed “The Khyber Pakhtunkhwa Service Tribunals Act 1974” in order 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. According to section 32 (2) of the said Act the Service Tribunal exercises exclusive jurisdiction in respect of matters relating to the terms and conditions of service of civil servants, including disciplinary matters.

Section 3 of the Khyber Pakhtunkhwa Service Tribunal Act

(1) The Governor may, by notification in the official Gazette, establish 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 is or has been, or is qualified to be Judge of High Court; and

(b) four members, two of whom shall be from amongst District and Sessions Judges and two from amongst civil servants in BPS-20 and above.

(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.

(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.

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