SC explains how departmental proceedings against FIA employees can be conducted

ISLAMABAD: The Supreme Court held that departmental proceedings against employees of the Federal Investigation Agency (FIA) can only be conducted under the special Efficiency and Discipline (E&D) Rules framed in 1978.

A two-member bench comprising Justice Munib Akhtar and Justice Irfan Saadat Khan, affirming the conclusion arrived at by the Federal Service Tribunal, dismissed the petitions of the Director General of the FIA. The Court clarified that Section 8 of the General Clauses Act could not be used to replace special rules with general rules.

The disciplinary proceedings were taken against the FIA employees (respondents) under the 1974 Act in terms of the 2020 Rules. The employees’ lawyer contended before the SC that the 2020 Rules did not apply to the respondents at all. Rather, they

were governed by the 1978 Rules, which had adopted and applied the 1973 Rules.

Additional Attorney General, representing the FIA, submitted that the Tribunal had erred materially in failing to keep in mind Section 8 of the General Clauses Act, 1897.

The judgment noted that it is settle principal of law that where special law or rules are made for certain departments, the specific law and rules shall apply and not the general rules. It further observed that in the instant case, special service rules describing the terms and conditions of service and departmental proceedings (E&D Rules 1978) were made for the members of the FIA, whereby the E&D Rules 1973 were adopted.

The judgment stated that the FIA was established under the Federal Investigation Agency Act, 1974, and that the federal government had framed special Efficiency and Discipline Rules for FIA employees in 1978. Through these rules, the 1973 disciplinary framework was adopted with specific modifications tailored for the agency.

The Court observed that although the Civil Servants Efficiency and Discipline Rules 2020 were later introduced, the FIA’s special 1978 rules were neither repealed nor amended in a manner that would make the 2020 rules applicable to FIA employees.

The judgment further explained that Section 8 of the General Clauses Act, 1897, applies only in situations where a law specifically refers to provisions of another statute, whereas the FIA’s 1978 rules had adopted the entire 1973 rules framework with amendments.

The Court noted that accepting the FIA’s argument regarding the applicability of Section 8 would effectively render the special 1978 rules redundant, which would be contrary to legislative intent and settled legal principles.

The Supreme Court concluded that departmental actions initiated against FIA employees under the 2020 Rules lacked legal basis and, therefore, no interference was warranted in the judgments passed by the Federal Service Tribunal.

Copyright Business Recorder, 2026