THE PUNJAB REMOVAL FROM
SERVICE (SPECIAL POWERS)
ORDINANCE, 2000
C o n t e n t s
Sr. No. Subject Page
THE PUNJAB REMOVAL FROM SERVICE
(SPECIAL POWERS) ORDINANCE, 2000
1. Short Title, Commencement and Application……………………………………….. 1
2. Definitions ………………………………………………………………………………………. 1
3. Removal from Service ………………………………………………………………………. 2
4. Suspension ………………………………………………………………………………………. 4
5. Power to appoint an Enquiry Officer or Committee ………………………………. 4
6. Powers to the Enquiry Officer or Committee………………………………………… 5
7. (i) Procedure to be followed by Enquiry Officer or Committee ………………. 5
(ii) Procedure of enquiry against officers lent to other Govts. etc. …………… 6
8. Order to be passed upon a finding ………………………………………………………. 6
9. Representation and review…………………………………………………………………. 6
10. Appeal…………………………………………………………………………………………….. 7
11. Ordinance to override other laws ………………………………………………………… 8
12. Proceedings under this Ordinance……………………………………………………….. 8
13. Pending proceedings to continue ………………………………………………………… 8
14. Pensionary benefits, etc. ……………………………………………………………………. 8
(i) Indemnity ………………………………………………………………………………….. 8
(ii) Jurisdiction barred……………………………………………………………………… 8
15. Power to make rule …………………………………………………………………………… 8
16. Removal of difficulties………………………………………………………………………. 9
17. Ancillary instructions ……………………………………………………………………. 10
INDEX ………………………………………………………………………………………… 25
NOTIFICATION
18th September, 2000
No.Legis:3(IV)/2000. The following Ordinance promulgated by the Governor of the
Punjab is hereby published for general information.
THE PUNJAB REMOVAL FROM SERVICE
(SPECIAL POWERS) ORDINANCE, 2000
(PUNJAB ORDINANCE NO. IV OF 2000)
AN ORDINANCE to provide for dismissal, removal, compulsory retirement from service, reduction to a lower post or pay scale and other penalties in respect of corrupt and inefficient persons in Government service and persons in Corporation service:
WHEREAS it is expedient to provide for dismissal, removal, compulsory retirement from service, reduction to a lower post or pay scale and other penalties in respect of corrupt and inefficient persons in Government service and persons in Corporation service:
AND WHEREAS the Provincial Assembly stands suspended in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999:
AND WHEREAS the Governor of the Punjab is satisfied that circumstances exist which renders it necessary to take immediate action:
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999 and the Provisional Constitution (Amendment) Order No.9 of 1999 on the instructions of the Chief Executive and in exercise of all powers enabling him in that behalf, the Governor of the Punjab is pleased to make and promulgate the following Ordinance:
1. Short title, extent, commencement and application:
(1) This Ordinance may be called the Punjab Removal from Service (Special Powers) Ordinance, 2000.
(2) It extends to the whole of Punjab.
(3) It shall come into force at once and the provisions of sub clause (iv) of clause (C) of sub-section (1) of Section 3 and sub-section (5) shall be deemed to have taken effect from the 18th of September, 2000.
(4) It shall apply to persons in Government service and Corporation service.
2. Definitions: (1) In this Ordinance, unless there is anything repugnant in the subject or context:
a) ♠“Chief Minister” means Chief Minister of the Punjab.
aa) “competent authority” means the Chief Minister and where in relation to any person or class of persons, the Chief Minister authorizes any officer or authority, not being inferior in rank to the appointing authority prescribed for the post held by the person against whom action is proposed to be taken, to exercise the
♠Word “Governor” replaced with the words “Chief Minister” wherever occurring vide Ordinance dated 30.12.2002.
powers of competent authority under this Ordinance that officer or authority, and, in relation to an employee of a court or a Tribunal functioning under the Punjab Government, the appointing authority or the Chairman or Presiding Officer of the Court or the Tribunal on being authorized by the appointing authority to exercise the powers of competent authority under this Ordinance.
b) “misconduct” includes conduct prejudicial to good order or service discipline ♦or contrary to the Punjab Government Servants Conduct Rules, 1966 for the time being in force or conduct unbecoming of an
officer and a gentleman or involvement or participation for gain either directly or indirectly in industry, trade or speculative transactions or abuse or misuse of official position to gain undue advantage or assumption of such financial or other obligations in relation to private institutions or persons as may cause embarrassment in the performance of official duties or functions.
c) “person in corporation service” means every person in the employment of a corporation, corporate body, authority, statutory body or other organization or institution set up, established, owned, managed or controlled by the Punjab Government, or by or under any law for the time being in force or a body or organization in which the Punjab Government has a controlling share or interest and includes the Chairman and the Managing Director, and the holder of any other office therein, and
d) “person in Government service” includes every person who is a member of a Civil Service of the Province or who holds a civil post in connection with the affairs of the province or any employee serving in any Court or Tribunal set up or established by the Punjab Government but does not include a Judge of the High Court or any
Court subordinate to the High Court, or any employee of the said Courts thereof.
3. Removal from Service: (1) Where in the opinion of the competent authority, a person in Government or Corporation service is:
a) inefficient or has ceased to be efficient for any reason; or is guilty of being habitually absent from duty without prior approval of leave; or
b) guilty of misconduct; or
c) corrupt, or may reasonably be considered as corrupt, because:
i) he, or any of his dependents or any other person, through him or on his behalf, is in possession of
pecuniary sources or property, for which he cannot reasonably account for and which are disproportionate to his known sources of income; or
ii) he has assumed a style of living beyond his known sources of income; or
iii) he has a reputation of being corrupt; or
iv) he has entered into plea-bargaining under any law for the time being in force and has returned the assets or
♦Added vide Ordinance dated 09.10.2002.
gains acquired through corruption or corrupt practices voluntarily; or
d) engaged or is reasonably believed to be engaged in subversive activities, and his retention in service is prejudicial to national security or he is guilty of disclosure of official secrets to any unauthorized person, or
e) found to have been appointed or promoted on extraneous grounds in violation of law.
∗“the competent authority, after inquiry by the inquiry officer or committee constituted under section 5 may, notwithstanding anything contained in any law or the terms and conditions of service of such person by order in writing, impose one or more of the following 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) reduction to a lower post or pay scale or to a lower stage in a pay scale;
iv) recovery from pay, pension or any other amount payable to him, the whole or a part of any pecuniary
loss caused to the Government or the organization in which he was employed;
v) compulsory retirement;
vi) removal from service; and
vii) dismissal from service.”
(2) Before passing an order under sub-section (1), the competent authority shall: by order in writing inform the accused of the action proposed to be taken with regard to him and the grounds of the action; and
a) give him a reasonable opportunity of showing cause against that action within seven days or within such extended period as the competent authority may determine;
b) provided that no such opportunity shall be given where the competent authority is satisfied that in the interest of security of Pakistan or any part thereof it is not expedient to give such opportunity:
Provided further that no such opportunity shall be given where the accused is to be punished or removed from service or reduced in rank on the ground of having been convicted for an offence involving moral turpitude or financial irregularity which has led to a sentence of fine or of imprisonment or where the competent authority is satisfied for reasons to be recorded in writing that it is not reasonably practicable to give the accused an
opportunity of showing cause.
∗Substituted vide Ordinance dated 09.10.2002.
(3) ♠The dismissal from service under this Ordinance shall disqualify the person for future employment under the Government or under any organization to which the provision of this Ordinance apply and;
(4)