Federal Service Tribunal – Jurisdiction & Powers under FST Act, 1973 - Nouman Muhib Kakakhel

Federal Service Tribunal – Jurisdiction & Powers under FST Act, 1973

The Federal Service Tribunal (FST) of Pakistan is a specialized judicial forum established to adjudicate service matters of civil servants employed under the federal government. It was constituted under the Federal Service Tribunal Act, 1973, with the primary objective of providing civil servants with an exclusive forum for the redress of grievances related to their terms of service, appointments, promotions, disciplinary actions, and other employment-related disputes. The Tribunal serves as a vital mechanism for ensuring fairness and accountability in the public service structure.

Constitutional and Legal Basis

The creation of the Federal Service Tribunal is rooted in Article 212 of the Constitution of Pakistan, which empowers Parliament to establish tribunals to deal with service matters. In pursuance of this constitutional mandate, the Federal Service Tribunal Act, 1973, was enacted. This Act not only establishes the Tribunal but also defines its jurisdiction, powers, and procedures, thereby separating service-related disputes from the jurisdiction of ordinary civil courts and High Courts.

Jurisdiction of the Federal Service Tribunal

The jurisdiction of the FST is exclusive in nature, meaning that once a matter falls within its domain, other courts are barred from entertaining it. The Tribunal hears appeals filed by civil servants against decisions or orders relating to the terms and conditions of service. This includes disputes over appointments, promotions, seniority, transfer, suspension, disciplinary proceedings, and dismissal or removal from service.

However, the jurisdiction does not extend to employees of private organizations, autonomous bodies unless notified, or contractual staff who do not fall under the statutory definition of a civil servant. Matters of constitutional interpretation, fundamental rights, or purely administrative policy decisions also remain outside its scope.

Powers of the Federal Service Tribunal

The Federal Service Tribunal possesses wide powers to ensure justice in service matters. It can annul, modify, or set aside any order passed by the competent authority if found to be illegal, mala fide, or in violation of service laws. The Tribunal has the authority to direct the reinstatement of a civil servant, order corrections in seniority lists, grant promotions, or provide other remedies necessary to restore justice.

The Tribunal enjoys powers akin to those of a civil court under the Code of Civil Procedure, 1908, such as summoning witnesses, compelling the production of documents, and examining evidence. Its orders are binding on the parties concerned, and non-compliance may result in contempt proceedings.

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Appeals and Finality of Decisions

Civil servants aggrieved by departmental decisions can file appeals before the FST within the prescribed limitation period. The Tribunal’s decisions are final on questions of fact. However, on questions of law, an appeal can be filed before the Supreme Court of Pakistan under Article 212(3) of the Constitution, provided the case involves a substantial question of law of public importance. This ensures a balance between finality in service disputes and constitutional oversight by the apex court.

Significance of the FST

The Federal Service Tribunal plays a crucial role in protecting the rights of civil servants and promoting efficiency and transparency in public administration. By providing a specialized forum, it prevents ordinary courts from being overburdened with service matters while also ensuring that civil servants receive justice through a streamlined process. The FST has become an essential institution for maintaining the delicate balance between the authority of the executive and the rights of government employees.

Conclusion

The Federal Service Tribunal, established under the FST Act, 1973, is a cornerstone of Pakistan’s administrative justice system. With exclusive jurisdiction over service matters of federal civil servants and broad powers to rectify injustices, the Tribunal ensures that service-related disputes are resolved efficiently and fairly. While its decisions carry finality in factual issues, the possibility of appeal to the Supreme Court on substantial questions of law maintains judicial oversight. For civil servants across the country, the Tribunal remains the primary avenue for protecting their rights and ensuring that principles of justice prevail within the federal service structure.