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Inquiries, penalties, promotion and pension

Departmental inquiries and show-cause notices, dismissals and major penalties, promotion, seniority and transfer disputes, and pension claims for civil servants before the Punjab and Federal Service Tribunals and the Lahore High Court.

Overview

A government servant facing an inquiry has more rights than the department usually admits: a proper charge sheet, a chance to answer it, an inquiry officer who follows the rules, and a penalty that fits the finding. Fortis Legal Partners represents provincial and federal civil servants, teachers, police officers and employees of statutory bodies at every stage of that process, and in the appeals that follow.

We handle replies to show-cause notices, representation in inquiries under the Punjab Employees Efficiency, Discipline and Accountability Act, departmental appeals, and service appeals before the Punjab Service Tribunal and the Federal Service Tribunal. Promotion, seniority, transfer, regularisation of contract employees and pension and gratuity claims are argued before the Tribunals and, where the Tribunals lack jurisdiction, before the Lahore High Court.

Who this is for

  • Civil servants served with a show-cause notice or charge sheet
  • Employees dismissed, removed or compulsorily retired
  • Officers superseded in promotion or wrongly placed in seniority
  • Retired employees whose pension or gratuity is withheld

Typical matters

  • Replies to show-cause notices and defence in departmental inquiries
  • Appeals against dismissal, removal, compulsory retirement and reduction in rank
  • Promotion, supersession and seniority disputes
  • Transfer and posting orders
  • Regularisation of contract and daily-wage employees
  • Pension, gratuity and leave encashment claims
  • Service appeals before the Punjab Service Tribunal and Federal Service Tribunal
  • Writ petitions in service matters before the Lahore High Court

Statutes and rules

  • Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (PEEDA)
  • Punjab Civil Servants Act, 1974 and Punjab Service Tribunals Act, 1974
  • Civil Servants Act, 1973 and Service Tribunals Act, 1973
  • Government Servants (Efficiency and Discipline) Rules, 1973
  • Punjab Civil Servants Pension Rules

What the process looks like

  1. 1

    The notice

    A reply that answers each allegation with documents, within the time allowed, and records every procedural lapse.

  2. 2

    The inquiry

    Representation before the inquiry officer, cross-examination of departmental witnesses and a written defence.

  3. 3

    Departmental appeal

    An appeal or review to the competent authority is usually a precondition to the Tribunal; we file it on time and on the right grounds.

  4. 4

    Service Tribunal

    A service appeal within thirty days of the departmental decision, with a request for interim relief where the penalty is being enforced.

Where these matters are heard

Punjab & Federal Service Tribunals

Governing law: Punjab Service Tribunals Act, 1974 and Service Tribunals Act, 1973

Departmental appeals and service appeals on dismissal, removal, compulsory retirement, promotion, seniority, transfer and pension for civil servants of the province and the federation.

Lahore High Court

Governing law: Article 199 of the Constitution of Pakistan, 1973

Constitutional (writ) petitions under Article 199, civil and criminal appeals and revisions, bail before the High Court, and references from tax and customs tribunals. Both founding partners have been Advocates of the High Court since 2023.

Anti-Corruption Establishment & Special Judge Anti-Corruption

Governing law: Prevention of Corruption Act, 1947 and Punjab Anti-Corruption Establishment Rules

Inquiries by the Punjab Anti-Corruption Establishment, FIRs under the Prevention of Corruption Act, bail and trials before the Special Judge Anti-Corruption, and the departmental proceedings that usually run alongside.

Questions clients ask

Usually not. Under Article 212 of the Constitution, matters relating to the terms and conditions of service of civil servants go to the Service Tribunal after a departmental appeal. The High Court steps in where the Tribunal has no jurisdiction, for example for some contract employees or where an order is wholly without lawful authority.

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Thirty days from the decision on your departmental appeal, or from the expiry of the period within which the department should have decided it. Missing this limit is the commonest reason service appeals fail.

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Pension is a right, not a bounty, and it can only be withheld or reduced under the specific pension rules after a finding of grave misconduct. Provisional pension is generally payable while proceedings are pending.

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Handled by

FORTIS LEGAL PARTNERSEST. 2021 · LAHOREF

The firm

Fortis Legal Partners

Three practising advocates, one file owner

Nothing on this page is legal advice and no representation is made as to the outcome of any matter.

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