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.
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