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Administrative Law
Administrative law consists of complaints respecting government action that adversely affects an individual. Thus, administrative law involves determining the legality of government actions. There is a two-fold analysis: the legality of the specific law itself and the legality of particular acts purportedly authorized by the specific law.
Governments cannot perform any act by itself. Governments act through government officials who must act within certain limitations. A governments power to act comes from legislation. Thus, government officials must act within the parameters (or scope) of such legislation which give their actions lawful authority. These are lawful actions. If government officials act outside the scope of their lawful authority and individuals are affected by these acts, then the principles of administrative law provide individuals with the ability to seek judicial review of the administrative action and possible remedies for the wrongful acts.
Nature and Scopes of Administrative Law
Administrative law determines the organization, powers and duties of administrative authorities. The emphasis of Administrative Law is on procedures for formal judgment based on the principles of Natural Justice and for rule making. Administrative law also determines the nature and scope of the powers deliberated to the government official by the specific legislation.The concept of Administrative Law is founded on the following principles:
a) Power is conferred on the administration by law
b) No power is absolute or uncontrolled howsoever broad the nature of the same might be.
c) There should be reasonable restrictions on exercise of such powers depending on the situation.
Distinguishing Administrative & Constitutional Law
Sometimes, a question is asked as to whether there is any distinction between constitutional law and administrative law. Till recently, the subject of administrative law was dealt with and discussed in the books of constitutional law and no separate and independent treatment was given to it. In many definitions of administrative law, it was included in constitutional law.
The relationship between constitutional and administrative law is complex. In general, written constitutions tend to say relatively little about the administrative state. General due process type considerations may apply particularly to administrative agencies.
More directly, of course, constitutions control the administrative state through founding the structures of government, providing chains of accountability and democratic legitimacy for the decisions of administrative.
Constitutional Law
1. Constitutional law is its own kind.
2. Constitutional law deals with various departments of the state.
3. It deals with the structure of the state.
4. It is the highest law.
5. It gives the guidelines with regard to the general principles relating to organization and powers of organs of the state, and their relations between citizens and towards the state. It touches almost all branches of laws in the country.
6. It also gives the guidelines about the international relations.
Administrative Law
1. Administrative law is a species of constitutional law.
2. It deals with those organs as in motion.
3. It deals with the functions of the state.
4. It is subordinate to constitutional law.
5. It deals in details with the powers and functions of administrative authorities.



Natural justice
Natural Justice is an important concept in administrative law. The term natural justice signifies basic principles of justice, which are made available to everyone litigant during trial. Principles of natural justice are founded on reason and enlightened public policy. These principles are adopted to circumstances of all cases. Such principles are applicable to decisions of all governmental agencies, tribunals and judgments of all courts.
2. Meaning and Definition
Justice can be divided into legal justice and natural justice. Legal justice means that justice, which is governed by law of state. However, there is no precise definition of natural justice. That is why, different jurists have given is different definitions. Better explanation of definition of natural justice can be that natural justice means that justice, which is based on natural ideals and human values.
3. Aims of Natural justice
The aim of the rules of natural justice is to secure justice or to put it negatively miscarriage of justice. These rules can operate only in areas not covered by law validity made. In other words, they supplement law. The rules of natural justice are not embodied rules.
4. Principles of Natural Justice
IN addition to some other principles, following two maxims are most important principles of natural justice
1. nemo judex in causa sua
2. Audi alteram partem
Audi alteram partem is a Latin maxim and it means that no one should be condemned unheard. And broadly speaking, it means that each party should be given a fair opportunity to present his case and both parties should he heard fairly whenever a case comes before a court for hearing.
(a) Principle of natural justice
This maxim is considered one of basic pillars of principles of natural justice. No system of law can survive without this basic pillar.
(b) Essential element
Maxim of Audi Alterm Partem includes following essential elements.
(b-i) Prior Notice of Hearing
First essential element is that clear, unambiguous and adequate notice should be properly served to opponent party.
(b-ii) Sufficient Time
Second essential element is that litigants should be given sufficient time for preparation of their case.
(b-iii) Opportunity of Hearing
Third essential element is that litigants should be given an opportunity of hearing to produce oral and documentary evidence and cross-examination.
(b-iv) Conduct of Hearing
Fourth essential element is that hearing should be conducted fairly and should be free of bias.
(b-v) Right to Legal Representation
Fifth essential element is that litigants should be provided right to legal representation during proceeding of litigation.
(b-vi) Reason for decision
Sixth essential element is that decision of litigation should be speaking one; it should consist of reasons for making of decision.
2.nemo judex in causa sua
No one should be judge of his own case
The principles of natural justice consist of the rule against bias or interest and is based upon three maxim of common law.
(i) No one shall be a judge in his own cause
(ii) Justice should not only be done, but manifestly and undoubtedly be seen to be done
(iii) Judges, like ceaser’s wife should be above suspicion.


1. Introduction
Any civil servant aggrieved by any order whether original or appellate department authority made under Punjab Civil Servant Act. 1974 in respect of terms and conditions of Civil Service and disciplinary matters may be challenged in appeal before Service tribunal under section 4 of Punjab Service Tribunal Act, 1974.
 2. Relevant Provisions
Following are the relevant provisions
(i) Section 4 and 5 of Punjab Service Tribunal Act, 1974
(ii) Cross Reference: Section 4 and 5 of Service Tribunal Act, 1973.
3. Definition of Administrative Tribunal
According to Black Law Dictionary “Administrative Tribunals means a particular administrative agency before which a matter may be heard or tried as distinguished from judicial forum.”
4. Person who can appeal to service tribunal under section 4
Any Civil Servant aggrieved a any order, whether original or appellate made by a departmental authority in respect of the terms and conditions of his Servant may file an appeal to the tribunal.
5. Appeal lies to which bench
(i) In case of penalty of
(i-a) Dismissal from Service,
(i-b) Removal from Service,
(i-c) Compulsory retirement or
(i-d) Reduction to a lower post or time scale or to a lower stage in a time scale;
appeal shall be preferred to full bench.
(ii) In other case
In any other case, appeal shall be preferred to single bench.
(6) Exclusive Jurisdiction of Tribunal
Questions relating to terms and conditions of Service of Civil Servants can only be entertained by service tribunals and High Court has no jurisdiction in respect of such matters by virtue of bar contained in article 212 of 1973 constitution of Pakistan.
(7) Limitation
Civil Servant may file an appeal within 30 days of communication of departmental order to him when no departmental remedy is available than the Civil Servant had the choice either to filing appeal immediately on the expiry of 90 days from the date of filing of departmental appeal, or he could have waited for the decision of the same and filed appeal within 30 days thereof.
(8) Appeal against decision of Tribunal
An appeal against decision of Service tribunal lies to Supreme Court by virtue of Article 212(3) of the 1973 constitution of Pakistan.
Conclusion
To conclude that it is the right of the Civil Servant to file an appeal before Service tribunal against an order of a departmental authority and the jurisdiction of the High Court is barred under Article 212 of the 1973 Constitution of Pakistan.