Appeal Rules, 1982

  1. Rule 2 (A) and (B) — ‘Authority’ means authority competent to appoint a civil servant — ‘Appellate authority’ means authority next above the authority. Right of appeal has been given only against the order of the appointing authority and not against the order passed by the appellate authority. Rules 4, 7 and 8 make it crystal clear that the right of appeal is available to an aggrieved civil servant against the order of appointing authority only — In the instant case no right of appeal or review was available to the appellant against the order of the Commissioner. Rule 8 (2) envisages that in case a civil servant has no right of appeal or review, he has right of representation to the authority next higher to the authority which passed the order in the first instance. Rule 8 (1) — A civil servant who has got right of appeal or review is debarred from filing a representation. Rang Baz Khan v. Raja Muhammad Azam Khan 1995 SCR 189 (C)
  2. Rule 8 (2) — Respondent aggrieved by the order of the Collector filed an appeal to the Commissioner who accepted the appeal — In the case in hand it was the appellant who was aggrieved by the order passed by the Commissioner and thus he had no right of appeal or review but had a right of making a representation against the order of the Commissioner under rule 8 (2) of the Appeal Rules. No embargo can be placed on the aforesaid right by saying that as the opposite party had exercised the right of appeal to the Commissioner, the other party could not make a representation merely because the right of appeal was available and utilized by his opponent. Rang Baz Khan v. Raja Muhammad Azam Khan 1995 SCR 189 (D)
  3. The order passed on a representation does not give a right to a civil servant to make further representation on the ground that as he had no right of appeal against the order passed on a representation — The remedy against an order passed on representation is by way of appeal to the Service Tribunal. Rang Baz Khan v. Raja M. Azam Khan 1995 SCR 189 (E) PLD 1982 Kar. 712, PLD 1986 Kar. 390, PLD 1951 Dac. 119, 1979 Cle. 237, AIR 1949 F.C. 135,PLD 1970 Pesh. 194, relied. 
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