Islamabad Subordinate Judiciary Service Tribunal Act, 2016

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THE ISLAMABAD SUBORDINATE JUDICIARY SERVICE 
TRIBUNAL ACT, 2016 
 
 
 
     
CONTENTS 
 
 
1.  Short title and commencement. 
2.  Definitions. 
3.  Tribunal. 
4.  Constitution of benches. 
5.  Appeal to Tribunal. 
6.  Powers of Tribunal. 
7.  Review. 
8.  Limitation. 
9.  Transfer of appeals. 
10.  Power to make rules.   
  
   

 
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THE ISLAMABAD SUBORDINATE JUDICIARY SERVICE TRIBUNAL 
ACT, 2016 
 
ACT NO. V OF 2016 
[29 January, 2016] 
An Act to provide for the establishment of the Islamabad Subordinate Judiciary Service Tribunal 
 
WHEREAS it is expedient to provide for the establishment of the Islamabad Subordinate 
Judiciary Service Tribunal and for matters connected therewith or ancillary thereto; 
It is hereby enacted as follows:— 
1. Short title and commencement. —(1) This Act may be called the Islamabad Subordinate 
Judiciary Service Tribunal Act, 2016. 
(2) It shall come into force at once. 
2. Definitions.—In this Act, unless the context otherwise requires—  
(a)  “Chairman” means the Chairman of the Tribunal; 
(b)  “Government” means the Federal Government; 
(c)  “Member” means a Member of the Tribunal and includes the Chairman; 
(d)  “Member of subordinate judiciary ” means and includes all Judicial Offi cers 
who are or have been under the administrative control of the Islamabad High 
Court; and 
(e)  “Tribunal” means the Tribunal established under this Act and includes a 
Bench thereof. 
3. Tribunal.—(1) The President may, subject to subsection (3), by notifi cation in the official 
Gazette, establish a Service Tribunal for the members of the subordinate judiciary of the Islamabad 
Capital Territory. 
(2) The Tribunal shall have exclusive jurisdiction in respect of matters relating to the terms 
and conditions of service of the members of subordinate judiciary including disciplinary matters. 
(3) The Tribunal shall consist of three judges of the Islamabad High Court nominated by the 
Chief Justice, the most senior of whom shall be the Chairman: 
Provided that a Judge against whose orders an appeal is preferred shall not be member of the 
Tribunal. 
4. Constitution of benches. —(1) Notwithstanding anything contained in section 3, the 
Chairman may constitute a Bench consisting of two members with or without the Chairman and  
when so constituted, the Bench shall be deemed to be a Tribunal. 
 
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(2) If a Bench is unable to arrive at a unanimous decision, in an appeal, the matter shall be 
placed before the full Tribunal and the decision of the Tribunal shall be expressed in terms of the 
opinion of the majority. 
(3) The Chairman may, at any stage of hearing of an appeal withdraw it from the Tribunal 
and entrust it to a Bench or may withdraw any appeal pending bef ore a Bench and make it over to 
another Bench or to the Tribunal. 
5. Appeal to Tribunal.—Any member of subordinate judiciary aggrieved by any final order, 
whether original or appellate, made by a departmental authority in respect of any of the terms and  
conditions including disciplinary matters of his service may, within thirty days of the communication 
of such order to him or within six months of the establishment of the Tribunal, whichever is later,  
prefer an appeal to the Tribunal: 
Provided that— 
(a)  where an appeal, review or representation to a departmental authority is 
provided under the  Civil Servants Act, 1973 (LXXI of 1973), or any rules 
against any such orders, no appeal  shall lie to the Tribunal unless the 
aggrieved person has preferred an appeal or application for  review or 
representation to such departmental authorit y and a period of ninety days has  
elapsed from the date on which such appeal, application, or representation was 
so preferred; and 
(b)  no appeal shall lie to the Tribunal against an order or decision of a 
departmental authority determining the fitness or otherwise of a person to be 
appointed to, or hold a particular post or to be promoted to a higher post. 
Explanation.—In this section 'departmental authority means the authority, other than a 
Tribunal which is competent to make an order in respect of any of  the ter ms and conditions of 
service of members of subordinate judiciary. 
6. Powers of Tribunal.—(1) The Tribunal may, on appeal, confirm, set aside vary or modify 
the order appealed against. 
(2) The Tribunal shall, for the purpose of deciding any appeal, be deemed to be a civil court 
and shall have the same powers as are vested in such court under the Code of Civil Procedure, 1908 
(V of 1908), including the powers of— 
(a)  enforcing the attendance of any person and examining him on oath; 
(b)  compelling the production of documents; and 
(c)  issuing commission for the examination of witnesses and documents. 
(3) No court fee shall be payable for preferring an appeal to, or filling, exhibiting or recording 
any document in, or obtaining any document from a Tribunal.  
7. Review. —(1) The Tribunal shall have the power to review its final order on a review  
petition filed by an aggrieved party within thirty days of the order on the following grounds, 
namely:— 
 
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(i)  discovery of new and important matter or evidence which, after exercise of 
due diligence, was not within knowledge of the petitioner or could not be 
produced by him at the time when the order was passed. 
(ii)  on account of some mistake or error apparent on the face of record; or 
(iii)  for any other sufficient cause. 
(2)  The Tribunal shall decide the review petition within thirty days. 
(3)  The Tribunal may confirm, set aside, vary or modify the judgment or order under review. 
8. Limitation .—The provisions of sections 5 and 12 of the Limitation Act, 1908 (IX of 
1908), shall apply to appeals under this Act. 
9. Transfer of appeals .—All appeals pending before the Tribunal established under the 
Service Tribunals Act, 1973 (LXXI of 1973), relating to members of subordinate judiciary shall 
stand transferred to the Tribunal established under this Act. 
10. Power to make rules .—The Government may, by notificatio n in the official Gazette, 
make rules for carrying out the purposes of this Act.