Tribunal and its Powers or Functions

Introduction

According to Punjab Civil Service Tribunal Act, Governor has been powered to establish one or more Service Tribunals. And when more than one Tribunals are established, Governor is to specify territorial jurisdiction of such Service Tribunal and can also specify class or classes of civil servants to exercise jurisdiction of such Service Tribunal.

Definition

Tribunal can be defined as that government institution, which is though established outside ordinary court system, yet it is to from judicial, quasi-judicial or administrative functions. In other words, tribunal is that body, which is to settle dispute between parties and which is to perform administrative as well as judicial function. However, it is not a court in complete sense.

Composition of Service Tribunal

According to Punjab Service Tribunal Act, following points important to explain it,

(i) Chairman of Service Tribunal

A Service Tribunal consists of a chairman, and chairman should be that person, who has been or is qualified to be a judge of a High Court.

(ii) Members of Service Tribunal

A Service Tribunal consists of that number of members, which is determined by provincial government. And these members should possess prescribed qualifications.

(iii) Appointment of Chairman and Members

Chairman and members of a Service Tribunal are appointed by Governor on determined terms and conditions.

(iv) Resignation of Chairman and Members

Chairman or member of a Service Tribunal can send his written resignation to Governor.

(v) Office of Profit in Service of Pakistan

Chairman or member of a Service Tribunal cannot hold any other office of profit in service of Pakistan if his remuneration is increased.

Function or Powers of Service of Tribunal

Following are the Powers and Function of Service Tribunal

(a) Power of confirm order

On appeal, Service Tribunal possesses power to confirm that order against which appeal has been filed.

(b) Power to set aside order

On appeal, Service Tribunal possesses power to set aside that order against which appeal has been filed.

(c) Power to vary order

On appeal, Service Tribunal possesses power to vary that order against which appeal has been filed.

(d) Power to Modify Order

On appeal, Service Tribunal possesses power to modify that order against which appeal has been filed.

(e) Powers under Civil Procedure Code

For purpose of deciding any appeal, Service Tribunal is considered a civil court, and therefore, possesses following powers under Civil Procedure code

(e-i) Attendance of any person

Service Tribunal possesses power to enforce attendance of any person.

(e-ii) Examination of Person on oath

Service Tribunal possesses power to examine a person on oath, and this person is that person whose attendance is enforce by Service Tribunal.

(e-iii) Production of Documents

Service Tribunal possesses power to compel production of documents.

(e-iv) Issuing of commission

Service Tribunal possesses power to issue commission of examination of witnesses and documents.

Conclusion

To conclude, It can be stated that a service Tribunal has exclusive jurisdiction in respect of those matters, which are about terms and conditions of service of civil servants. And disciplinary matters are also included into these terms and conditions.

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