Punjab Civil Servants (Efficiency and Discipline) Rules, 1975
|1.||Short title, commencement and application|
|3.||Grounds for penalty|
INQUIRY AND IMPOSITION OF PENALTIES
|5.||Initiation of proceedings|
|6.||Procedure to be observed by the authorised officer|
|7.||Procedure to be observed by the Inquiry Officer or Inquiry Committee|
|7-A.||Powers of authorised officer|
|7-B||Appearance of counsel|
|7-C||Expeditious disposal of proceedings|
|8.||Action by the authority|
|9.||Certain rules not to apply in certain cases|
|10.||Procedure of inquiry against officer lent to other Governments, etc.|
|11.||Power to order medical examination as to mental or bodily infirmity|
|12.||Powers of Inquiry Officer and Inquiry Committee|
|13.||Appeals against penalty|
|14.||Petition of appeal|
|15.||Determination of appeal|
|16.||Review and not appeal in certain cases|
|17.||No second appeal except in certain cases|
Punjab Civil Servants (Efficiency and Discipline)
22nd April, 1975
In exercise of the powers conferred by section 23 of the Punjab Civil Servants Act, 1974, the Governor of the Punjab is pleased to make the following rules, namely :–
- Short title, commencement and application.-(1) These rules may he called the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975.
(2) They shall come into force at once and apply to all Civil Servants except members of such services and holders of such posts as may he specified by Government.
- Definitions. ‘(I) In these rules, unless the context otherwise requires’
(a) ‘accused‘ means a civil servant against whom action is taken under these rules ;
(b) ‘authority‘ means the Government or an officer or authority designated by it to exercise the powers of the authority under these rules ;
(c) ‘authorized officer’ means an officer authorized or designated by Government to perform the functions of an authorised officer under these Rules:
Provided that where in the case of civil servant no authorised officer has been so authorised or designated, the authority shall have power to appoint an officer to act as authorised officer in that case:
Provided further that in relation to a civil servant, the authority may be authorised to act as authorised officer];
(d) ‘misconduct’ means conduct prejudicial to good order of service discipline or contrary to the West Pakistan Government Servants (Conduct) Rules, 1966, as applicable to the Province of the Punjab or conduct unbecoming of an officer and a gentleman and includes any act on the part of a civil servant to bring or attempt to bring political or other outside influence directly or indirectly to bear on the Governor, the Chief Minister, a Minister, or any Government Officer in respect of any matter relating to the appointment, promotion, transfer, punishment, retirement or other conditions of service of a Civil Servant and
(e) ‘penalty‘ means a penalty which may be imposed under these rules.
(2) In case two or more civil servants are to be proceeded against Jointly, the authority or, as the case may be, the authorised officer for the civil servant senior-most in rank, shall be the authority or, as the case may he, the authorised officer in respect of all such accused.
(3) The various authorities empowered to award major punishment under the various Delegation of Powers Rules, shall, in respect of civil servants to whom they are competent to award major punishment, exercise the powers of ‘the authority’ under these rules and the authorities empowered to award minor punishment under the said Delegation of Power Rules are, in respect of the civil servants to whom they are competent to award minor punishment, authorised to exercise the [lowers of ‘Authorised Officer’ under the rules.
(4) Words and expressions used not defined shall bear the same meaning as they hear in the Punjab Civil Servants Act, 1974.
- Grounds for penalty.-A civil servant, who,–
(a) is inefficient or has ceased to he efficient; or
(b) is guilty of misconduct; or
(c) is corrupt, or may reasonably be considered corrupt because-
(i) he is, or any of his dependents or any other person through him or on his behalf, is in possession of pecuniary resources or of property disproportionate to his known sources of income, which he cannot reasonably account for ; or
(ii) he has assumed a style of living beyond his ostensible means’ or
(d) is engaged, or is reasonably suspected of being engaged in subversive activities, or is reasonably suspected of being associated with others engaged in subversive activities or is guilty of disclosure of official secrets to any unauthorised person, and his retention in service is prejudicial to national security ;
shall be liable to he proceeded against under these rules and one or more of the penalties hereinafter mentioned may be imposed on him.
- Penalties.-(1) The following are the minor and major penalties, namely:–
(a) Minor penalties- –
(i) censure ;
(ii) withholding, for a specific period, promotion or increment, otherwise than for unfitness for promotion or financial advancement in accordance with the rules or orders pertaining to the service or post;
(iii) stoppage, for a specific period, at an efficiency bar in the time-scale otherwise than for unfitness to cross such bar ;
(b) Major penalties-
(i) reduction to a lower grade or post or time-scale or to a lower stage in a time scale ;
[(i-a) recovery of the whole or any part of any pecuniary loss caused to Government by negligence or breach of orders.}
(it) compulsory retirement;
(iii) removal from service ; and
(iv) dismissal from service.
(2) Removal from service does not, hut dismissal from service does disqualify for future employment.
(3) In this rule removal or dismissal from service does not include the discharge of a civil servant’
(a) appointed on probation, during the period of probation, or in accordance with the probation or training rules applicable to him; or
(b) appointed otherwise than under a contract, to hold a temporary appointment, on the expiration, of the period of appointment: or
(c) engaged under a contract, in accordance with the terms of the contract.
INQUIRY AND IMPOSITION OF PENALTIES
- Initiation of proceedings.- (1) If, on the basis of its own knowledge or information placed before it, the authority is of the opinion that there are sufficient grounds for proceedings against a civil servant, or where in a case in which Anti-Corruption Committee No. 1, as defined in the Punjab Anti-Corruption Establishment Rules, 1974, has decided to take departmental action, it shall direct the authorized officer to proceed against such civil servant.
(2) Where no authorised officer stands designated in respect of the; accused civil servant, the authority shall simultaneously appoint an officer senior in rank to the ‘accused to perform the functions of an authorised officer’.
6. Procedure to be observed by the authorised officer.– (1) In a case where a civil servant is accused of subversion, corruption or misconduct, he may he placed under suspension by the authority, or with the prior approval of the authority, by the authorised officer, or he may he required by the authorized officer to proceed on leave:
Provided that the continuation of suspension, if ordered by the authorized officer, or grant of any extension in leave shall require the prior approval of the authority after every three months.
(2) Within three days of the receipt of the direction from the authority under rule 5, or within such further period as may be allowed by the authority at the written request of the authorized officer, the authorized officer shall decide whether in the light of the facts of the case or in the interest of justice, an inquiry is necessary.
(3) If the authorized officer decides that it is not necessary to have an inquiry conducted against the accused, he shall-
(a) inform the accused forthwith, by an order in writing, of the action proposed to be taken in regard to him and the grounds of the action ; and
(b) give him a reasonable opportunity of showing cause against that action within a period of fourteen days from the date of receipt of the order under clause (a):
Provided that no such opportunity shall be given where, in the interest of security of Pakistan or any part thereof, it is not expedient to do so hut before denying this opportunity the authorized officer shall obtain the prior approval of the authority.
(4) Within seven days of the receipt of the explanation, if any, of the accused, or within such further period as may he allowed by the authority at the written request of the authorized officer, the authorized officer shall determine whether the charge has been proved. If it is proposed to impose a minor penalty he shall pass orders accordingly. If, however, the authorized officer considers it to be a case for a major penalty, he shall forthwith forward the case to the authority alongwith the explanation of the accused and his own recommendation regarding the penalty to he imposed.