Departmental Appeal against the Order of Discharge from Service
EMPLOYMENT & INCENTIVES
Whether a departmental appeal could be filed against the order of discharge from service under Rule 12.21 of Police Rules, 1934?
The section 21 of the Punjab Civil Servants Act, 1974 enunciates that where a right to prefer an appeal or apply for review in respect of any order relating to the terms and conditions of his service is allowed to a civil servant by any rule applicable to him, such appeal or application shall, except as may otherwise be prescribed, be made within sixty days of the communication to him of such order and if no provision for appeal or review exists in the rules in respect of any order, a civil servant aggrieved by any such order may, except where such order is made by the governor, within sixty days of the communication to him of such order, make a representation against it to the authority next above the authority which made the order provided that no representation shall lie on matters relating to the determination of fitness of a person to hold a particular post or to be promoted to a higher post.
Whether any adverse decision on representation can be challenged?
Section 4 of the Punjab Service Tribunals Act,1974, provides that if a right of appeal or review was not provided in the aforesaid rule then, in unison, it does not debar or prohibit the civil servant from electing the remedy of filing a representation as of right.
What does the doctrine of ex debitojustitiae refers to?
The legal maxim “ex debitojustitiae” (latin) means “as a matter of right or what a person is entitled to as of right”. This Maxim applies to the remedies that the court is bound to give when they are claimed as distinct from those that it has discretion to grant and no doubt the power of a court to act ex debitojustitiae is an inherent power of courts to fix procedural errors.
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