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NORTH-WEST FRONTIER PROVINCE GOVERNMENT SERVANTS (EFFICIENCY AND DISCIPLINE)

RULES, 1973

Rules Contents  
 Preamble  
1Short title, commencement and application  
2Definitions  
3Grounds for penalty  
4Penalties  
5Inquiry procedure  
6Procedure to be observed by the Inquiry Officer and Inquiry Committee  
7Powers of Inquiry Officer and Inquiry Committee  
8Rule 5 not to apply in certain cases  
9Procedure of inquiry against Officers lent to other Provincial Government or the Federation  
10Appeal  
11Repeal  

 

   NORTH-WEST FRONTIER PROVINCE GOVERNMENT SERVANTS (EFFICIENCY AND DISCIPLINE)

RULES, 1973

21st December, 1973

In exercise of the powers conferred by section 26 of the North-West Frontier Province Civil Servants Act, 1973 (N.W.F.P Act No. XVIII of 1973), the Governor of the North-West Frontier Province is pleased to make the following rules, namely:-

 

  1.         Short title, commencement and application.-(1) These rules may be called the North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973.

(2) They shall come into force at once and shall apply to every person who is a member of the civil service of the Province or is the holder of a civil post in connection with the affairs of the Province and shall also apply to or in relation to a person in temporary employment in the civil service or post in connection with affairs of the Province.

 

  1.         Definitions.-In these rules, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say-

(a) ‘accused‘ means a Government servant against whom action is taken under these rules ;

(b) ‘authority‘ means the Governor or an officer or authority designated by him to exercise the powers of the authority under these rules;

(c) ‘authorized officer’ means an officer authorized by the authority to perform functions of an authorized officer under these rules;

(d) ‘Government’ means the Government of the North-West Frontier Province;

(e) ‘misconduct’ means conduct prejudicial to good order or service discipline or contrary to the [North-West Frontier Province Government Servants (Conduct) Rules, 1987] or unbecoming of an officer and a gentleman and’ includes any act on the part of a Government servant to bring or attempt to bring political or other outside influence directly or indirectly to bear on the Government or any Government officer in respect of any matter relating to the appointment, promotion, transfer, punishment, retirement or other conditions of service of a Government servant; and

(f) ‘penalty‘ means a penalty which may be imposed under these rules, and

(g) ‘Province’ means the North-West Frontier Province.

[(2) In case two or more Government servants are to be proceeded against jointly under these rules, the authority or, as the case may be, the authorized officer, designated or authorized, for the Government servants senior-most in rank shall be the authority or, as the case may be, the authorized officer in respect of all such accused.

 

  1.         Grounds for penalty.-Where a Government servant, in the opinion of the authority-

(a) is inefficient or has ceased to be efficient; or

(b) is guilty of misconduct; or

(c) is corrupt, or may reasonable 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 (for which he cannot reasonably account) of pecuniary resources or of property disproportionate to his known sources of income; or

(ii) he has assumed a style of living beyond his ostensible means ; or

(iii) he has a persistent reputation of being corrupt; 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 unauthorized person, and his (retention) in service is therefore prejudicial to national security, the authority may impose on him one or more penalties.

 

  1.         Penalties.-(l) 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;

(iv) recovery from pay of the whole or any part of any pecuniary loss caused to Government by negligence or breach of orders;

(b) Major penalties :

(i) reduction to a lower post or time-scale, or to a lower stage in a time-scale ;

(ii) compulsory retirement;

(iii) removal from service ; and

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