Title: Guidance on Reinstatement in Government Jobs or Public Service in Pakistan
In Pakistan, what is the process for reinstatement after dismissal or termination from a government job or public service? This article will explain this process in detail, referring to various laws, statutes, and landmark judgments.
Legal Principles and Provisions
Constitution of Pakistan, 1973:
- Article 4: Guarantees the rights of individuals to be dealt with in accordance with the law.
- Article 25: Ensures equality of all citizens before the law.
Civil Servants Act, 1973:
- Section 8: Outlines the terms and conditions of service for civil servants.
- Section 9: Describes the principles of removal and dismissal from service.
Punjab Civil Servants Act, 1974:
- Section 16: Provides details on the rights of civil servants regarding reinstatement.
Public Servants (Efficiency & Discipline) Act, 1991:
- Section 10: Grants the right to appeal against dismissal or termination.
Premier Servants (Re-admission) Rules, 2020:
- Section 4: Explains the procedure for reinstatement after dismissal.
Landmark Judgments
Supreme Court of Pakistan:
- Case: Umar Farooq v. Federation of Pakistan, 2010 SCMR 1933:
- Judgment: The dismissal was declared unlawful as procedural requirements were not met.
Lahore High Court:
- Case: Muhammad Iqbal v. Government of Punjab, PLD 2015 Lah 210:
- Judgment: Ordered reinstatement as the dismissal was found to be based on malafide intentions.
Federal Service Tribunal:
- Case: Abdul Ghafoor v. Pakistan Railways, 2012 FST 150:
- Judgment: Ordered reinstatement as the dismissal orders were not in accordance with the law.
Legal Recourse for Reinstatement
Filing an Appeal:
- After dismissal or termination, the first step is to file an appeal.
- Public Servants (Efficiency & Discipline) Act, 1991 grants the right to appeal.
Filing a Petition in Civil or High Court:
- If the appeal is rejected, the employee can file a petition in the Civil Court or High Court.
Judicial Review:
- The court reviews whether the dismissal was lawful or based on malafide intentions.
Key Points
Reference to Judicial Decisions:
- Judicial decisions provide crucial references for employee reinstatement.
- In the Umar Farooq case, the court declared the dismissal unlawful.
Employee Rights:
- It is essential for employees to be aware of their rights during legal proceedings.
Legal Consultation:
- Consulting with a legal advisor is crucial for proper legal action.
Final Analysis
Pakistani laws provide employees the right to reinstatement after dismissal, provided the dismissal is not lawful or is based on malafide intentions. Judicial decisions protect employee rights and serve as an important tool for reinstatement.
No comments:
Post a Comment