Constitutional Due Process and Federal Civil Service Disciplinary Actions in Pakistan: Interpreting the Scope of Article 10A

Abstract

Propose of the Study: This study analyzes the Constitutional due process standards, if any, contained in Article 10A of the Constitution of Pakistan for federal civil servants, and whether such standards are distinct from and higher than the process requirements contained in the federal service regulations.
Research design and methodology: This study employs the doctrinal research methodology and analyzes the Civil Servants Act of 1973, the Civil Servants (Efficiency and Discipline) Rules 2020, the jurisprudence of the Supreme Court of Pakistan and the Constitution of the Islamic Republic of Pakistan.
Results: The study identifies a shift from a procedure based on rules to a procedure based on the Constitution. Therefore, in the field of disciplinary action, the principles of constitutionalism such as notice, the right to be heard, the right to effective defense, the right to cross-examination, the right to an impartial inquiry officer, a reasoned decision, and the right to effective judicial remedy, assume great significance.
Limitations of the research: This study intends to provide a framework of constitutional due process to disciplinary authorities and Service Tribunals in order to strike a balance between the rights of civil servants to due process and the state's need to carry out the duties of an efficient and accountable administration.