Punjab Civil Servants (Efficiency and Discipline) Rules, 1975

The

Punjab Civil Servants (Efficiency and Discipline)

Rules, 1975

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 :–

CHAPTER 1

PRELIMINARY

1. 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.

2. 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.

CHAPTER II

PENALTIES

3. 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.

4. 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.

CHAPTER III

INQUIRY AND IMPOSITION OF PENALTIES

5. 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.

(5) If under sub-rule (2) the authorised officer considers that an inquiry is necessary, he shall appoint an Inquiry Officer or an Inquiry Committee consisting of two or more persons who or one of whom shall he of a rank senior to that of the accused or if there are more than one accused, senior to all the accused.

(6} Where an Inquiry Officer or an Inquiry Committee is appointed under sub-rule (5), the authorized officer shall simultaneously frame a charge and communicate it to the accused together with a statement of allegations explaining the charge and other relevant circumstances which are proposed to be taken into consideration and require the accused, within a reasonable time which shall not he less than seven days or more than fourteen days from the day the charge has been communicated to him, to put in a written defence directly before the Inquiry Officer or the Inquiry Committee as the case may he.

(7) The authorized officer, immediately after communicating the charge to the accused under sub-rule (6), shall forward such record or copies thereof and such other material as is necessary for the conduct of the inquiry to the Inquiry Officer or the Inquiry Committee, as the case may be’].

7. Procedure to be observed by the Inquiry Officer or Inquiry Committee.-(1) On receipt of the record and the explanation of the accused referred to in the preceding rule, the Inquiry Officer or the Inquiry Committee, as the case may he, shall enquire into the charge and may examine such oral or documentary evidence in support of the charge or in defence of the accused, as may he considered necessary, and where any witness is produced by one party, the other party shall he entitled to cross-examine that witness.

(2) If the accused fails to furnish his explanation within the period specified, the Inquiry Officer or the Inquiry Committee, as the case may he, shall proceed with the inquiry.

(3) The Inquiry Officer or the Inquiry Committee, as the case may he, shall hear the case from day to day and no adjournment shall be given, except for reasons to be recorded in writing. However, every adjournment, with reasons therefore shall be reported forthwith to the authorized officer. Normally, no adjournment shall be for more than a week.

(4) Where the Inquiry Officer or the Committee, as the case may he, is satisfied that the accused is hampering or attempting to hamper the progress of the enquiry, he or it shall administer a warning and if, thereafter, he or it is satisfied that the accused is acting in disregard of the warning, he or it shall record a finding to that effect and proceed to complete the inquiry in such manner as he or it thinks best suited to do substantial justice.

(5) If the accused absents himself from the enquiry on medical grounds he shall be deemed to have hampered or attempted to hamper the progress of the enquiry, unless medical leave, applied for by him, is sanctioned on the recommendation of a Medical Board. Where, in view of the serious condition of the accused, it may not be possible for him to appear before the Medical Board, the Board shall examine him at his residence of which complete address must always be given in the leave application and at which he must he available:
Provided that the authorised officer may, in his discretion, sanction medical leave up to seven days without the recommendation of the Medical Board.

(6) The Inquiry Officer or the Inquiry Committee, as the case may be, shall complete the Inquiry Proceedings within a period of sixty days commencing from the last date of submission of the written defence by the accused and shall, within ten days of the expiry of the said period of sixty days or within such further period as may be allowed by the authorized officer, submit his or its findings and the grounds thereof to the authorized officer.

7-A. The Authorized Officer, on receipt of the report of the Inquiry Officer or Inquiry Committee, shall determine whether the charge has been proved. If it is proposed to impose a minor penalty, he shall after affording the accused an opportunity of showing cause against the action proposed pass orders accordingly. If it is proposed to impose a major penalty, shall forward the case to the authority alongwith the charge-sheet, a statement of allegations served on the accused, explanation of the accused, the finding of the Inquiry Officer or the Inquiry Committee, as the case may be and his own recommendations regarding the penalty to be imposed. In case it is proposed to drop the proceedings, the authorized officer shall submit the case with all relevant material/documents to the Authority for appropriate orders.

[7-B. Appearance of counsel.-No party to any proceeding under these rules before the authority, the authorised officer, an inquiry officer, an inquiry committee or appellate authority shall he represented by a lawyer.

7-C. Expeditious disposal of proceedings.-(1) In a case where the authorized officer decides not to have an inquiry conducted against the accused, the proceedings must he finalized by him within a period of forty-five days from the date of receipt of the direction under rule 5 and a report to that effect submitted to the authority.

(2) In a case where the authorized officer has appointed an Inquiry Officer or Inquiry Committee, he should ensure that the entire proceedings are completed within a period of ninety days from the date of receipt of direction under rule 5 and shall submit a report thereof to the authority.

(3) Where inquiry proceedings are not completed by the Inquiry Officer or the Inquiry Committee, as the case may be, within a period of forty-five days of the date on which the accused puts in his written defence if any, the Inquiry Officer or the Inquiry Committee, as the case may he, shall report the position of me Inquiry to the authorized officer intimating the reasons why the inquiry could not be completed within that period and the approximate further time that is likely to he taken in the completion of the inquiry and the authorized officer shall immediately cause the same to be produced before the authority.

(4) the Authority on receipt of report under sub-rules (2) and (3), shall pass such orders for expeditions finalization of the proceedings as it may deem fit].

[8. In the case of any proceedings the record of which has been reported for orders under sub-rule (4) of rule 6 or sub-rule (8) of rule 7, the authority may pass such orders as it deems fit hut before imposing a major penalty, the authority shall afford the accused an opportunity of being heard in person, either before himself or before an officer senior in rank to the accused designated for the purpose after taking into consideration the record of such personal hearing prepared by the officer so designated].

[9. Certain rules not to apply in certain cases.-(l) Where a civil servant is convicted of an offence involving moral turpitude which has led to a sentence of fine or imprisonment, he may, after being given a show-cause notice he dismissed, removed from service or reduced in rank without following the procedure laid down in rules 5, 6, 7 and 8.

(2) Where the authority is satisfied, that for reasons to be recorded in writing, it is not reasonably practicable to give the accused civil servant an opportunity of showing cause it may impose any of the penalties under these rules without following the procedure laid down in rules 5, d, 7 and 8.]

10. Procedure of inquiry against officer lent to other Governments, etc.–(l) Where the service of a civil servant to whom these rules apply are lent to any other Government or to a local or other authority, in these rules referred to as the borrowing authority, the borrowing authority shall have the powers of authority for the purpose of placing under suspension or requiring him to proceed on leave and of initiating proceedings against him under these rules:

Provided that the borrowing authority shall forthwith inform the authority which has lent his services, hereinafter in these rules referred to as the lending authority, of the circumstances leading to the order of his suspension or the commencement of the proceedings, as the case may he ;

Provided further that the borrowing authority shall obtain prior approval of the Government of the Punjab before taking any action under these rules against a civil servant holding a post in Grade 17 or above.

(2) If, in the light of the findings in the proceedings taken against a civil servant in terms of sub-rule (1) above, the borrowing authority is of the opinion that any penalty should be imposed on him, it shall transmit to the lending authority the record of the proceedings and thereupon the lending authority shall take action as prescribed in these rules.

[(3) Notwithstanding anything to the contrary contained in sub-rules (1) and (2) Government may, in respect of certain civil servants of categories of civil servants, authorise the borrowing authority to exercise all the powers of authority and authorised officer under these rules.]

11. Power to order medical examination as to mental or bodily infirmity. –(1) Where it is proposed to proceed against a civil servant on the ground of inefficiency by reasons of infirmity of mind or body, the authority, may at stage, whether or not an authorised officer has been directed to proceed against him, require the civil servant to undergo a medical examination by a Medical Board or a Medical Superintendent as the authority may direct, and the report of the Board or the Medical Superintendent shall form part of the proceedings.

(2) It a civil servant refuses to undergo such an examination, his refusal may subject to the consideration, of such grounds as he may give in support of it, be taken into consideration against him as showing that he had reason to believe that the result of the examination would prove unfavourable to him.

12. Powers of Inquiry Officer and Inquiry Committee.-(1) For the purpose of an inquiry under these rules, the Inquiry Officer and the Inquiry Committee shall have the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters namely :

(a) Summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents ;

(c) receiving evidence on affidavits ; and

(d) issuing commission for the examination of witness or documents.

(2) The proceedings under these rules shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Pakistan Penal Code (Act XLV of I860).

CHAPTER IV

APPEALS, REVISIONS-ETC.

13. Appeals against penalty.-Any civil servant on whom a penalty has been imposed under these rules, except where the penalty has been imposed by the Government, may within 30 days from the date of the communication of the order, appeal to such authority as may be prescribed :
Provided if the appellate authority is satisfied that there is sufficient ground for extending the time it may entertain the appeal at any time.

14. Petition of appeal.-Every appeal preferred under the rules shall he made in the form of a petition, in writing, and shall set forth concisely the grounds of objection to the order appealed from, and shall not contain disrespectful or improper language and shall he filed with the authority which or the authorised officer who, as the case may be, passed the original orders. The authority or the authorised officer, receiving the appeal, shall forward the same alongwith the comments within fortnight, to the appellate authority.

15. Determination of appeal.-(l) The appellate authority shall cause notice to he given to the appellate and the authority or the authorised officer imposing penalty, of the time and place at which such appeal will be heard. The appellate authority shall send for the record of the case, it such record is not already with it. After perusing such record and hearing the appellant, if he appears, and the representative of the punishing authority, if he appears, the appellate authority may, if it considers that there is no sufficient ground for interfering, dismiss the appeal or may-

(a) reverse the finding and acquit the accused ; or

(b) order and direct that further or fresh inquiry be made ; or

(c) after the finding maintaining the penalty or with or without altering the finding, reduce the penalty ; or

(d) subject to the provisions of sub-rule (2), enhance the penalty.

(2) Where the appellate authority proposes to enhance the penalty, it shall-

(i) by order, in writing, inform the accused of the action proposed to he taken and the grounds of the action ; and

(ii) give him a reasonable opportunity to show cause against that action.

(3) In dealing with an appeal, the appellate authority, if it thinks additional evidence to he necessary, may either take such evidence itself or direct it to he taken by the authorised officer and when such evidence has been taken the appellate authority shall thereupon proceed to dispose of the appeal.

16. Review and not appeal in certain cases.-Where the original orders has been passed by the Government no appeal shall lie, and instead, a review petition shall lie to the Government and the Government may, in its discretion, exercise any of the powers conferred on the appellate authority :

Provided that it shall not he necessary for the Government to afford the accused an opportunity to he heard in person except where the Government proposed to increase the penalty, in which case he shall, by order in writing inform the accused of the action proposed to he taken and the grounds of the action and give him a reasonable opportunity to show cause against that action.

17. No second appeal except in certain cases.–(1) No appeal shall lie against any order made by the appellate authority except in case the appellate authority enhances the penalty.

(2) In every case, in which the appellate authority enhances the penalty imposed by the authority of the authorised officer, the accused may. within 30 days of the communication of the orders, appeal to the authority next higher thereto:

Provided if the second appellate authority is satisfied that there is sufficient ground for extending the time, it may entertain the appeal at any time.

(3) The appeal shall be filed in manner indicated in rule 14 and the second appellate authority shall determine the appeal in the manner provided for the first appellate authority and may exercise any of the powers conferred on the first appellate authority.

18. Revision.–(1) The Government may call for and examine the record of any proceeding before any authority for the purpose of satisfying as to the correctness, legality or propriety of any finding, penalty or order recorded or passed and as to the regularity of any proceedings of such authority.

(2) On examining any record under this rule, the Government may direct the authority to make further inquiry into the charges of which the accused has been acquitted and discharged, and may in its discretion, exercise any of the powers conferred on an appellate authority :

Provided that any order under this rule made prejudicial to the accused shall not he passed unless he has been given an opportunity to show cause against the proposed action:
Provided further that an order imposing punishment shall not be received suo motu or otherwise after the lapse of a period of three months from the date of its communication to the accused if no appeal is preferred.

(3) No proceeding by way of revision shall be entertained at the instance of the accused who has a right of appeal under these rules and has not brought the appeal.

CHAPTER V

REPEAL

19. Repeal. –(1) The West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960, in their application to the civil servants to whom these rules apply, are hereby repealed.

(2) Notwithstanding the repeal of the West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960, hereinafter referred to in this sub-rule as the said rules—

(a) subject to the provisions of Chapter IV of these rules, any departmental inquiry or proceedings pending immediately before the coming into force of these rules shall he completed and orders passed thereon ;is if the said rules, had not been repealed; and

(b) any notification or instructions issued thereunder so far is they are not inconsistent with these rules, shall he deemed to have been issued under these rules.

(3) Any person or authority, or the successor of the same authorised to exercise powers by virtue of a delegation made by the Government from time to time subsisting immediately before the commencement of these rules, shall, to the extent of the powers delegated and so tar as is not inconsistent with these rules, he deemed to he an authority designated under these rules.