Deceased Quota Appointment Notification

 

 Fake FIR

Filing a fake First Information Report (FIR) against a government employee in Pakistan is a criminal offense that can lead to imprisonment for up to six months, a fine, or both under Section 182 of the Pakistan Penal Code (PPC). While a pending FIR can complicate a public servant's employment, the Supreme Court of Pakistan has ruled that departmental actions based solely on an FIR nomination are illegal if no independent misconduct is proven. [1, 2, 3]

Legal Remedies for the Falsely Accused

If you are a government employee facing a false FIR, you have several legal avenues for defense and restoration: [1, 2, 3]

·         Quashing the FIR: You can file a petition in the High Court under Section 482 of the Criminal Procedure Code (CrPC) to have the baseless FIR quashed.

·         Civil Suit for Damages: You can initiate a civil lawsuit against the complainant for defamation and reputational harm, seeking financial compensation.

·         FIR Removal: Once acquitted or if the High Court quashes the case, you must apply to the Senior Superintendent of Police (SSP) or District Police Officer (DPO) to update your Police Character Certificate and clear your record.

·         Institutional Support: Government directives often advise departments to provide institutional support to employees targeted by false complaints, including facilitating criminal proceedings against the harasser. [1, 2, 3, 4, 5, 6]

Consequences for the False Complainant

·         Criminal Prosecution: Apart from Section 182 PPC, if the false charge is for a serious offense, the perpetrator could face up to seven years of imprisonment.

·         Departmental Action: If the person making the false complaint is also a public servant, they may face internal disciplinary inquiries as an alternative or addition to prosecution.

·         Perjury Charges: Fabricating evidence or giving false information to a public servant can lead to additional charges related to contempt of lawful authority. [1, 2, 3, 4]

 

 

Fundamental rights of Civil Servant under Constitution of Pakistan.

 

Members of the Service in Pakistan (Civil/Defense) are guaranteed rights through both Part II Fundamental Rights and specialized statutory laws, protecting them against arbitrary state action and ensuring fair treatment, including security of tenure during the president/governor's pleasure. Key protections include fair disciplinary procedures (Article 10A), protection against discrimination (Article 25), and right to pension/pay regulations. 

Constitutional and Legal Protections for Service Members

·         Security of Tenure: Civil servants hold office during the pleasure of the President or Governor, but this is managed by statutory protections, ensuring they are not arbitrarily dismissed without due process.

·         Fundamental Rights (Part II): Service members enjoy fundamental rights like all citizens, including:

o    Right to Fair Trial (Article 10A): Entitles members to due process and fair procedure in disciplinary actions.

o    Equality of Citizens (Article 25): Ensures equality before law and equal protection of the law.

o    Inviolability of Dignity (Article 14): Guarantees the dignity of the individual and privacy of home.

·         Freedom of Association (Article 17): While citizens can form associations, members of the service are generally restricted from joining political parties, distinguishing their political rights from private citizens.

·         Protection of Rights under Service Rules: Specific laws, such as the Civil Servants Act, 1973, define their terms, conditions, pay, and pensions. Disciplinary actions and removals must comply with these procedures (e.g., Efficiency and Discipline Rules).

·         Right to Information (Article 19A): Provides access to information in matters of public importance, subject to law.

·         Freedom of Movement and Assembly (Articles 15 & 16): Right to move and assemble, subject to reasonable restrictions. 

These safeguards ensure that civil servants can act independently and uphold the law without fear of arbitrary removal, although they must also adhere to the rules and regulations of their service.

Article 212 of the Constitution of Pakistan empowers the legislature to establish Administrative Courts and Tribunals, granting them exclusive jurisdiction over matters concerning the terms and conditions of service for civil servants (including disciplinary issues), claims related to government tortious acts, and enemy property. 

Key Aspects of Article 212:

·         Exclusive Jurisdiction: Once a Service Tribunal is established, the jurisdiction of other courts (including High Courts) is barred for matters within the tribunal’s scope.

·         Abatement of Proceedings: Pending proceedings in other courts regarding service matters abate (end) once the tribunal is functional

.

·         Purpose: It ensures specialized, rapid, and final resolution of administrative disputes, particularly service-related grievances.

·         Appellate Forum: The Supreme Court generally retains the jurisdiction to hear appeals from decisions of the Administrative Courts or Tribunals. 

SP case History

 

 Guidelines for Rectification of Date of Birth of Government Employees in SAP System

Notification

 

Notification

 Notification regarding delegation of Power  to Secretary S&GAD signing all kinds of pleading i.e. Power of Attorney on behalf of Chief Secretary