Efficiency & discipline rules by muhammad ejaz ghani from sti

EFFICIENCY AND DISCIPLINEEFFICIENCY AND DISCIPLINE
RULESRULES

Purpose of disciplinary rulesPurpose of disciplinary rules
The right of employer to take appropriate
disciplinary steps against any delinquent
official, who acts in a manner conflicting
with the prescribed rules / regulations.
At the same time the rules also recognize
the right of delinquent official to a fair
hearing and applicable and just
disciplinary action.
The emphasis of disciplinary action is on
prevention, justice and rehabilitation.

Purpose of departmental inquiryPurpose of departmental inquiry
The purpose of departmental inquiry is to
enquire into the truth of the charges leveled
against the public servant for alleged
disobedience, negligence in performance of
duty, negligence in discharge of duty,
misconduct or misbehavior done by the
alleged person in the capacity of being
public servant as such. If the charges are
proved the delinquent may be awarded
minor/ major penalties depending on the
gravity of misconduct.

Preliminary inquiryPreliminary inquiry
 The preliminary inquiry is an informal fact finding inquiry
which is different from the formal inquiry, conducted under
domestic inquiry procedure itself. The employer /
management cannot punish a public servant based on the
conclusion of the preliminary inquiry. The Objectives of the
preliminary inquiry are as follows:
 Though not a statutory obligation, it is desirable to have such
an inquiry conducted, for the disciplinary authority to decide
whether there is adequate material for initiating a formal
inquiry.
 To find out if prima facie a case is made out against the public
servant.
 Often the preliminary inquiry forms the basis for framing of
the charge-sheet.

Government ServantsGovernment Servants
(Efficiency and Discipline)(Efficiency and Discipline)
Rules, 1973Rules, 1973
In exercise of the powers conferred
by section **25 of the Civil Servants
Ordinance, 1973 (No.XIV of 1973),
the president is pleased to make
following rules, namely:-
**Now Civil Servants Act,1973, Chapter 1, Sl.No.2, Vol. I

1.1. Short title, commencementShort title, commencement
and application:-and application:-
These rules may be called the
Government Servants (Efficiency and
Discipline) Rules, 1973.
***[(2) They shall come into force at
once and shall apply to every civil
servant].
***Subs vide Establishment Division Notification S.R.O.No.1809(I)/73,
dated31-12-1973.

2.2. Definitions.-Definitions.-
In these rules, unless the context
otherwise requires.-
 “accused” means a Government Servant
against whom action is taken under these
rules;
 *[“authority” means the appointing
authority prescribed in rule 6 of the Civil
Servants (Appointment, Promotion and
Transfer) Rules, 1973]**:
*Subs vide Establishment Division Notification S.R.O.No..336(I)/2000, dated 14-6-2000.
**Sl.No.1, Chapter 2,

***[Provided that in the case of
disciplinary proceedings already initiated
against a Government servant before 14th
June 2000, the powers of “authority” shall
be exercised by the officer designed as such
before the aforesaid date:]
3) “authorised officer” means an officer
authorised by the authority to perform
functions of an authorised officer under
these rules@ or, if no officer is so authorised,
the authority;
***Added vide Estb. Div. Notification S.R.O..No.470(I)/2000, dated 7-7-2000.
@ Added vide Estab. Div. Notification No.4/2/77-DI, dated 3rd
July, 1978.

4) “misconduct” means conduct prejudicial to
good order or service discipline or contrary to
Government Servants (Conduct) Rules,
1964@@ 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
5) “penalty” means a penalty which may be
imposed under these rules.
@@ Sl.No. 1.

3.3. Grounds for penalty.-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 reasonably be
considered corrupt because-

i. he is, 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 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.

4.4. Penalties.-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;
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
iv. dismissal from service.

(2) Removal from service does not, but
dismissal from service does, disqualify for future
employment.
(3) In this rule, removal or dismissal from
service does not include the discharge of a
person-
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.

5.5. Inquiry Procedure.-Inquiry Procedure.-
(1) The following procedure shall be
observed when a Government servant is
proceeded against under these rules:-
i. In case where a Government servant is
accused of subversion, corruption or
misconduct, the authorised officer may
require him to proceed on leave or with
the approval of the authority suspended
him, provided that any continuation of
such leave or suspension shall require
approval of the authority after every
three months.

*[Provided further that where the
authority is President **[or Prime
Minister], the powers of the authority
under this clause shall be exercised by
the Secretary, Establishment Division].
ii. The authorised officer shall decide
whether in the light of facts of the case or
the interests of justice an inquiry should
be conducted through an Inquiry Officer
or Inquiry Committee. If he so decides,
the procedure indicated in rule 6 shall
apply.
* See footnote * proviso (b) rule 5 (1) (i).
** Added vide Estab. Division Notification S.R.O. No.43(I)/86, dated 7-1-
1986.

iii. If the authorised officer decides that it is not
necessary to have an inquiry conducted through
an Inquiry Officer or Inquiry Committee, he
shall-
a) by order in writing, inform the accused 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:
Provided that no such opportunity shall be
given where the authority is satisfied that in the
interest of the security of Pakistan or any part
there of it is not expedient to give such opportunity.

iv. On receipt of the report of the Inquiry Officer or
Inquiry Committee or, where no such Officer or
Committee is appointed, on receipt of the
explanation of the accused, if any, the authorised
officer shall determine whether the charge has been
proved. If it is proposed to impose a minor penalty
he shall pass orders accordingly. If it is proposed to
impose a major penalty, he shall forward the case
to the authority along with the charge and
statement of allegations served on the accused, the
explanation of the accused, the findings of the
Inquiry Officer or Inquiry Committee, if
appointed, and his own recommendations
regarding the penalty to be imposed. The authority
shall pass such orders as it may deem proper.

*[(2) The exercise of powers under
clauses (i) and (iv) of sub-rule (1) by
authorised officers in the Pakistan
Missions abroad shall, unless already so
provided, always be subject to the
approval of the authority].
* Added vide Establishment Division Notification No.7/5/75-DI, dated 14-5-1975.

6.6. Procedure to be observed by theProcedure to be observed by the
Inquiry Officer and Inquiry Committee.-Inquiry Officer and Inquiry Committee.-
Where an Inquiry Officer or Inquiry
Committee is appointed, the authorised
officer shall-
1) Frame a charge and communicate it to
the accused together with statement of
the allegations explaining the charge
and of any other relevant circumstances
which are proposed to be taken into
consideration.

2) Require the accused within a reasonable time,
which shall not be 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 and to state at the same
time whether he desires to be heard in person.
3) The Inquiry Officer or the Committee, as the
case may be, 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 be considered
necessary and the accused shall be entitled to
cross-examine the witnesses against him.

4) The Inquiry Officer or the Committee, as
the case may be, 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 therefor shall be reported
forthwith to the authorized officer.
Normally no adjournment shall be for
more than a week.
5) Where the Inquiry Officer or the
Committee, as the case may be, 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
enquiry in such manner as he or it thinks,
best suited to do substantial justice.
6) The Inquiry Officer or the Committee, as
the case may be shall within ten days of
the conclusion of the proceedings or such
longer period as may be allowed by the
authorized officer, submit his or its
findings and the ground thereof to the
authorized officer.

6-A.6-A. *[Revision.-*[Revision.-
(1) Subject to sub-rule (2), the
authority may call for the record of any
case pending before, or disposed of by,
the authorized officer and pass such order
in relation thereto as it may deem fit;
(2) No order under sub-rule(1) shall
be passed in respect of an accused unless
the authorized officer to be designated by
the authority has informed him in writing
of the grounds on which it is proposed to
* Subs. vide Estab. Div. Notification S.R.O.No.74(1)/2001, dated 2-2-2001.

make the order and has been given an
opportunity of showing cause against it,
including an opportunity of personal hearing if
requested by the accused or is otherwise
necessary in the interest of justice, in
particular, when the authority contemplates to
pass an order adverse to the interest of the
accused:
Provided that no such opportunity shall be
given where the authority, for reasons to be
recorded in writing, is satisfied that, in the
interest of security of Pakistan or any part
thereof, it is not expedient to give such an
opportunity].

7.7. Powers of Inquiry Officer and InquiryPowers of Inquiry Officer and Inquiry
Committee.-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;
d) Issuing commissions for the examination
of witnesses or documents.
(2) The proceedings under these rules shall
be deemed to be judicial proceeding within
the meaning of sections 193 and 228 of the
Pakistan Penal Code (Act XLV of 1860).

8.8. Rule 5 not to apply in certain cases.-Rule 5 not to apply in certain cases.-
Nothing in rule 5 shall apply to a case:-
a) where the accused is dismissed or
removed from service or reduced in
rank, on the ground of conduct which
has led to a sentence of fine or of
imprisonment; or
b) where the authority competent to
dismiss or remove a person from
service, or to reduce a person in rank, is
satisfied that, for reasons to be recorded
in writing by that authority, it is not
reasonably practicable to give the
accused an opportunity of showing
cause.

*[8-A. Action in respect of government*[8-A. Action in respect of government
servant required to proceed on leave.-servant required to proceed on leave.-
If a government servant
proceeding on leave in pursuance of
an order under sub-rule(1) of rule 5 is
not dismissed, removed from service,
reduced in rank or compulsorily
retired, he shall be required to rejoin
duty and the period of such leave shall
be treated as duty on full pay].
* Added vide Estab. Div. Notification .2/14/73-DI, dated 12-3-1975.

9.9. **[Procedure of inquiry against government**[Procedure of inquiry against government
servants serving in Provincial Governmentsservants serving in Provincial Governments
or working on deputation outside theiror working on deputation outside their
department or service to which they belong.-department or service to which they belong.-
When a government servant, to whom
these rules apply, is serving under a
Provincial Government or in a department,
outside the department or service to which
he belongs, or in a statutory organization,
corporate body, or local authority, and the
borrowing authority wants to initiate
disciplinary proceedings against such
** Subs. vide Estab. Div. Notification S.R.O.No.74(1)/2001, dated 2-2-2001.

Government servant under these rules, the
borrowing authority shall forward to the
concerned lending authority a report with
supporting documents, on the basis of
which disciplinary proceedings are
proposed, and if considered necessary, it
may with the approval of the lending
authority place him under suspension or
send him on forced leave. On receipt of
report from the borrowing authority, the
lending authority shall take action as
prescribed by these rules].

10. Appeal.-10. Appeal.-
A person on whom a penalty is
imposed shall have such right of appeal as
may be prescribed under ***[the Civil
Servants (Appeal) Rules, 1977@]:
Provided that, where the penalty is
imposed by order of the President, there
shall be no appeal but the person
concerned may apply for review of the
order.
*** Subs vide Estab. Div. Notification S.R.O. No.55(1)/77, dated 18-1-1977.
@ Chapter 13, Sl.No.1.

@@@@[10-A. Appearance of Counsel.-[10-A. Appearance of Counsel.-
No party to any proceedings under
these rules before the authority, the
authorised officer, and Inquiry Officer or
an Inquiry Committee shall be represented
by an advocate].
@@ Added vide Estab. Div. Notification No.7/3/74-D.I, dated 14-11-1974.

11. Repeal.-11. Repeal.-
The Government Servants (Efficiency and
Discipline) Rules, 1960@@@ in their application
to the Government servants to whom these
rules apply #[and the Civilian Employees in
Defence Services (Classification, Control and
Appeal) Rules, 1961] are hereby repealed but
the repeal thereof shall not affect any action
taken or anything done or suffered thereunder.
@@@ See footnote ** on Sl.No.52 para 3.
# Added vide Estab. Div. Notification No.S.R.O. 1809(i)/73, dated 31-12-1973.
[Authority.- Estt. Div.’s Notification No.S.R.O. 1213(1)/73,
dated 18-8-1973] [No.7/1/73-D-I]

Efficiency &amp; discipline rules by muhammad ejaz ghani from sti

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