EFFICIENCY AND DISCIPLINE RULES, 1975

EFFICIENCY AND DISCIPLINE RULES, 1975
C o n t e n t s
Sr. No. Subject Page
PUNJAB CIVIL SERVANTS (E&D) RULES, 1975
1. Short title, Commencement and Appl
2. Definitions 
CHAPTER II – PENALTIES
3. Grounds for penalty
4. Penalties 
CHAPTER III – INQUIRY AND
IMPOSITION OF PENALTIES
5. Initiation of proceedings 
6. Procedure to be observed by the authorized officer

 Procedure to be observed by the Inquiry officer or inquiry committee

(ii) Appearance of Counsel …………………………………………………………………

7
(iii) Expeditious disposal of proceedings …
8. Certain rules not to apply in certain cases 
9. Procedure of Inquiry against officers lent to other Govts. etc. 
10. Power to order Medical Examination as to mental or bodily infirmity 
11. Powers of Inquiry Officer and Inquiry CommitteeAPTER IV – APPEALS, REVISIONS, ETC.
12. Appeal against penalty 
13. Petition of appeal.14. Determination of appeal 
15. Review and not appeal in certain cases 
16. No second appeal except in certain cases 
17. Revision
CHAPTER V – REPEAL
18. Repeal
19. Proceedings under this Act 
20. INDEX 
EFFICIENCY AND DISCIPLINE RULES, 1975
GOVERNMENT OF THE PUNJAB
SERVICES, GENERAL ADMINISTRATION &
INFORMATION DEPARTMENT
NOTIFICATION
The 12th March 1975
No. SORI(S&GAD)1-65/73 – 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:
THE PUNJAB CIVIL SERVANTS
(EFFICIENCY AND DISCIPLINE) RULES, 1975
CHAPTER – I PRELIMINARY
1. Short title, commencement and application – (1) These Rules may be
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 be specified by
Government.
2. Definitions– (1) 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 authorized
officer under these Rules:
Provided that where in the case of a civil servant no
authorized officer has been so authorized or designated, the
authority shall have power to appoint an officer to act as
authorized officer in that case:
Provided further that in relation to a civil servant, the
authority may be authorized to act as authorized officer:
*The provisions of these Rules shall not apply to the subordinate Executive Officers of
Prisons other than the Superintendents, Assistant Medical Officers, Medical Officers and the
ministerial staff thereof. (videNotification No.SORI(S&GAD) 1-87/81 dated 18.10.1982).
**In matters of disciplinary action against officers in whose case Government is designated in
the relevant Delegation of Powers Rules as “authority”, the Chief Secretary shall be the
“authority” for officers in BPS-18 (vide Notification No.SORI(S&GAD)1-50/82 dated the
19th September 1982).
#Substituted vide Notification No.SORI(S&GAD)1-55/81 dated the 1st April 1982.
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**Provided further that the authority in its discretion
shall act as authorized officer where it deems appropriate.
(d) “misconduct” means conduct prejudicial to good order or
service discipline or contrary to the West Pakistan Punjab
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 authorized officer for the civil servant
senior-most in rank, shall be the authority or, as the case may be, the authorized
officer in respect of all such accused.
(3) The various authorities empowered to award major punishments 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 Powers Rules are, in respect of the civil
servants to whom they are competent to award minor punishment, authorized to
exercise the powers of “Authorized Officer” under these rules.
(4) Words and expressions used but not defined shall bear the same
meanings as they bear in the Punjab Civil Servants Act, 1974.
# 2-A. Save in cases where Government is to act as ‘the authority’ or ‘the authorized
officer’, notwithstanding anything to the contrary contained in rule 2, where ‘the
authority’ or ‘the authorized officer’ would personally be interested in the result of
proceedings under these rules, ‘the authority’ or ‘the authorized officer’ shall not
proceed with the case and shall –
(i) in the case of ‘authorized officer’ report the matter to ‘the authority’
which shall appoint and authorize another officer of the corresponding
rank or status to act as ‘authorized officer’; and
(ii) in the case of ‘authority’, report the matter to the appellate authority to
which the orders passed by ‘the authority’ are ordinarily appealable
and such appellate authority shall appoint and authorize another
officer of the corresponding rank and status to act as the ‘authority’.
**Added vide Notification No. SOR.I(SGA&ID) 1-7/86 dated 6th June 1993.
#Added vide Notification No.SORI(S&GAD)1-5/75 dated the 10th July 1975.
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CHAPTER II – PENALTIES
3. Grounds for penalty – A civil servant, who, –
(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, 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
*(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,
prejudicial to national security;
shall be liable to be 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.
** (iv)
(b) Major Penalties:
(i) reduction to a lower grade or post or time-scale or to a lower
stage in a time-scale;
*Added vide Notification No.SORI(S&GAD)1-65/73 dated 7th October 1976.
**Omitted vide Notification No.SORI(S&GAD)1-55/81 dated 01.04.1982.
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**(i-a) recovery of the whole or any part of any pecuniary loss
caused to Government by negligence or breach of orders;
(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 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.
**Added vide notification No.SORI(S&GAD) 1-55/81 dated 1st April, 1982.
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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 proceeding against a civil servant, or where the Anti-Corruption
Establishment has, under Rule 15(1)(b) of the Punjab Anti-Corruption Establishment
Rules, 1985, recommended departmental action, it shall direct the authorized officer
to proceed against the said civil servant.
(2) Where no authorized 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 authorized officer.
**6. Procedure to be observed by the authorized officer –
(1) In a case where a civil servant is accused of subversion, corruption or
misconduct, he may be placed under suspension by the authority, or with the prior
approval of the authority, by the authorized officer, or he may be required by the
authorized officer to proceed on leave:
***Provided that the continuation of suspension or grant of any extension in
shall require the prior approval of authority leave 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 but before denying this
opportunity, the authorized officer shall obtain the prior
approval of the authority.
#(4) Within 7 days of the receipt of the explanation, if any, of the accused,
or within such further period as may be allowed by the authority at the written
*Substituted vide Notification No.SORI(S&GAD)1-66/83 dated 19th January 1986.
**Substituted vide Notification No.SOR-I(S&GAD)1-55/81 dated 1st April 1982.
***Substituted vide Notification No.SOR-I(S&GAD)1-65/73 dated 29th November 1984.
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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 the authorized
officer shall, after affording the accused an opportunity of personal hearing, pass
orders accordingly. If, however, the authorized officer considers it to be a case for
major penalty, he shall, after affording the accused, an opportunity to offer his
explanation against his recommendations for imposition of major penalty, forward
the case to the authority along with the explanation of the accused and his own
recommendations regarding the penalty to be imposed.
♣Provided that in case of joint inquiry if the authorized officer
reaches the conclusion to impose minor penalty/penalties on one or more of the
accused and recommends imposition of major penalty/penalties in respect of the
other(s) accused, he shall send the whole case to the authority for taking a final
decision.
(5) If under sub-rule (2) the authorized 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 be 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 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 directly before the Inquiry Officer
or the Inquiry Committee, as the case may be.
(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
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 where any witness is produced by one party, the other party shall be
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 be, shall
proceed with the inquiry.
#Substituted vide Notification No.SORI(S&GAD)1-65/73 dated 29th November 1984.
♣Added vide Notification No. SOR.I(SGA&ID) 1-7/86 dated 6th June 1993.
**Substituted vide Notification No. SORI(SGA&ID) 1-55/81 dated 1st April 1982.
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(3) The Inquiry Officer or the Inquiry 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
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 be, is
satisfied that the accused is hampering or attempting to hamper the progress of the
Inquiry, 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 be available:
Provided that the authorized officer may, in his discretion, sanction medical
leave upto 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 order accordingly. If
it is proposed to impose a major penalty, he shall, after affording the accused an
opportunity to offer his explanation against his recommendations for imposition of
major penalty, forward the case to the authority along with 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 authorized officer, an inquiry officer, an inquiry committee
or appellate authority shall be represented by a lawyer.
*Substituted vide Notification No. SOR-I(SGA&ID) 1-65/73 dated 29.11.1984.
♣Added vide Notification No.SORI(S&GAD)1-55/81 dated 01.04.1982.
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#7-C. Expeditiousdisposal of proceedings–
(1) In a case where the authorized officer decides not to have an inquiry
conducted against the accused, the proceedings must be 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 ** (the prescribed period) the
Inquiry Officer or the Inquiry Committee, as the case may be, shall report the
position of the 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 be 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 expeditious 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 rule 7-A) the authority
may pass such orders as it deems fit but 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.
♣ Provided that where the authority is satisfied that inquiry proceedings have
not been conducted in accordance with these rules and/or facts and merits of the case
have been ignored it may order initiation of de novo inquiry.
9. *Certain rules not to apply in certain cases – (1) 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 be 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
#Added vide Notification No.SORI(S&GAD)1-55/81 dated 01.04.1982.
**Substituted for the words “a period of forty-five days of the date on which the accused puts
in his written defence, if any” vide Notification No.SORI(S&GAD) 1-65/73(P.III) dated 30th
September 1985.
***Substituted vide Notification No.SORI(S&GAD)1-36/80 dated 18.06.1980.
##Substituted vide Notification No.SORI(S&GAD)1-55/81 dated 23rd November 1982.
♣Added vide Notification No. SOR.I(SGA&ID) 1-7/86 dated 6th June 1993.
*Substituted vide Notification No.SORI(S&GAD)1-55/81 dated 01.04.1982.
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opportunity of showing cause it may impose any of the penalties under these rules
without following the procedure laid down in rules 5, 6, 7 and 8.
♥(3) Notwithstanding the other provisions of these rules where the
Government or authority is satisfied that one or more civil servants, individually or
collectively, have taken part in agitational and subversive activities, resorted to strike,
abandoned their official duty or incited others to do so, the Government or the
authority may after serving upon them a notice through a publication in a daily
newspaper or in any other manner, asking them to resume duty, and on their failure or
refusal to resume their duty impose upon the defaulting civil servant the penalty of
dismissal or removal from service without following the procedure as laid down in
rules 5, 6, 7 and 8 ibid.
10. Procedure of inquiry against officers lent to other Governments, etc.– (1)
Where the services 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 him under suspension or requiring him to proceed on leave
and of initiating proceedings against him under 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 be.
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 **(Basic Pay Scale) 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-rule (1) and
(2) Government may, in respect of certain civil servants or categories of civil
servants, authorize the borrowing authority to exercise all the powers of authority and
authorized 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 any stage,
whether or not an authorized 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.
♥Added vide Notification No.SORI(S&GAD)1-55/81(P) dated 31.05.1986.
**Substituted for the word “Grade” vide Notification No. SOR.I(S&GAD) 1-65/73 dated 29th
November 1984.
*Added videNotification No.SORI(S&GAD)1-21/82 dated 03.03.1982.
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(2) If 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 unfavorable 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 commissions for the examination of witnesses 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 1860).
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CHAPTER IV – APPEALS, REVISIONS, ETC.
13. Appeal 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 these rules shall be 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 be filed with the authority which or the authorized officer who, as
the case may be, passed the original orders. The authority or the authorized officer,
receiving the appeal, shall forward the same along with the comments within a
fortnight, to the appellate authority.
15. Determination of appeal – (1) The appellate authority shall cause notice to
be given to the appellant and the authority or the authorized 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, if 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) alter 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.
*”Provided that where Governor or **Chief Minist is the appellate
authority, he may, in his discretion, designate any officer, except the one
against whose orders the appeal has been preferred, for the purpose of
affording the appellant an opportunity of being heard in person and submit
the case to the Governor or Chief Minister for final determination of the
appeal”.
er
(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 be taken and the grounds of the action; and
*Added vide Notification No.SOR-I(S&GAD)1-98/83 dated 01.04.1985
**The words “or Chief Minister” were added vide Notification No.SOR-I(S&GAD) 4-10/83
dated 06.11.1985.
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(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 be necessary, may either take such evidence itself or direct it
to be taken by the authorized 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 order 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 be necessary for the Government to afford the
accused an opportunity to be heard in person except where the Government proposes
to increase the penalty, in which case he shall, by order in writing, inform the
accused of the action proposed to be 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 or the authorized 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 the 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 proceeding 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 any order under this rule made prejudicial to the accused shall not
be passed unless he has been given an opportunity to show cause against the
proposed action:
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*Provided further that an order imposing punishment or exonerating
accused shall not be revised suo moto or otherwise after the lapse of a period of one
year from the date of its communication to the accused except in case where appeal
is preferred against the punishment.
the
(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.
*Substituted vide Notification No. SOR.I(SGA&ID) 1-7/86 dated 6th June 1993.
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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 subrule
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 be completed and orders passed
thereon as if the said rules had not been repealed; and
(b) any notification or instructions issued thereunder so far as they are
not inconsistent with these rules, shall be deemed to have been issued
under these rules.
(3) Any person or authority, or the successor of the same, authorized 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 far as is not inconsistent with these rules, be deemed
to be an authority designated under these rules.
E&D Rules, 1975
Page : 15
ANCILLARY
INSTRUCTIONS
THE PUNJAB CIVIL SERVANTS
(EFFICIENCY AND DISCIPLINE) RULES, 1975
Punjab Estacode 2013
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NOTIFICATION
The 24th February 1973
No. SORI (S&GAD) 1-36/65– In exercise of the powers conferred by
sub-rule (2) of rule 1 of the West Pakistan Government Servants (Efficiency and
Discipline) Rules, 1960, the Governor of the Punjab is pleased to direct that –
(i) the said Rules shall not apply to the members of Subordinate Police
Service up to the rank of Inspector:
Provided that an enquiry started under the said Rules shall be
completed under these Rules; and
(ii) the members of the Subordinate Police Service upto the rank of
Inspector shall be governed by the Punjab Police Rules, 1934.
NOTIFICATION
Dated the 18th October 1982
No. SOR-I(S&GAD) 1-87/81–In exercise of the powers conferred by
sub-rule (2) of rule 1 of the Punjab Civil Servants (Efficiency and Discipline), Rules,
1975 and in supersession of Government of the Punjab, SGA&ID Notification No.
SOR-I (S&GAD)1-51/72 dated 19.03.1974, the Governor of the Punjab is pleased to
direct that the provisions of Punjab Civil Servants (Efficiency and Discipline) Rules,
1975 shall not apply to the subordinate Executive Officers of Prisons other than the
Superintendents, Assistant Medical Officers, Medical Officers and the ministerial
staff thereof.
NOTIFICATION
The 19th September 1982
No. SORI (S&GAD) 1-50/82– In exercise of the powers vested in him under
section 23 of the Punjab Civil Servants Act, 1974 and clauses (b) and (c) of rule 2
(1) of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, the
Governor of the Punjab is pleased to direct that in matters of disciplinary action
against Officers in whose case Government is designated in the relevant Delegation
of Powers Rules as “authority”, the Chief Secretary shall be –
(i) the authority for officers in grade-18.
*No.SORI(S&GAD)1-36/80
The 11th September 1980
*Withdrawn vide Notification No. SORI(S&GAD)1-36/80 dated 1st November 1997.
E&D Rules, 1975
Page : 17
No. SORI(S&GAD)1-65/73
Dated the 22nd March 1975
Subject: THE PUNJAB CIVIL SERVANTS (EFFICIENCY AND DISCIPLINE)
RULES, 1975
I am directed to say that the West Pakistan Government Servants (Efficiency
and Discipline) Rules, 1960 have been replaced by the Punjab Civil Servants
(Efficiency and Discipline) Rules, 1975 of which a copy with some spare copies is
enclosed for use in your Department and the attached Departments and subordinate
offices under your administrative control. More copies will be supplied in due course
according to your requirements, which may be intimated.
2. The salient features of the new Rules are –
(i) Enquiry procedure was previously different for–
1. cases of subversion;
2. cases of inefficiency or misconduct calling for minor
penalties; and
3. cases calling for major penalties.
This has been made continuing process of action for all types of cases. The
enquiry in all cases would be initiated by the “Authorized Officer”. It would be
finalized at his level if the resultant penalty is to be one of the minor penalties. The
case would be referred to the “authority”, if any of the major penalties may have to
be imposed.
(ii) the various authorities empowered to award major punishment
under the various Delegation of Powers Rules, are, in respect of
civil servants to whom they are competent to award major
punishment, competent to exercise the powers of the “authority”
and the authorities empowered to award minor punishment in
respect of the civil servants to whom they are competent to award
minor punishment, authorized to exercise the powers of the
“authorized officer” ;
(iii) the definition of “misconduct” has been elaborated to include
conduct unbecoming of an officer and a gentleman, as also 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
Government or any Government officer in respect of any matter
relating to the appointment, promotion, transfer, punishment,
retirement or other conditions of service;
(iv) the provisions about (1) notice of proposed penalty and (2)
consultation with the Public Service Commission, have been
omitted;
Punjab Estacode 2013
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(v) previously only a Government servant charged of subversion could
be forced to proceed on leave. This provision now applies to all
cases subject to entitlement of leave;
(vi) “Appeal Rule” has been made self-contained;
(vii) suo moto reversionary powers, previously available under rule
14.18 of the CSR (Punjab) Volume I, Part-I, have been revived
subject to certain conditions and limitations of time (3 months
beginning from the date of the final order in a case);
(viii) the provisions already existing in the West Pakistan Enquiries
(Powers) Act, 1958 have been incorporated in the new rules so as
to have the Enquiry Officer and the Enquiry Committee, as the
case may be, to exercise the powers of a Civil Court, in respect of
specified matters in connection with departmental enquiry;
(ix) Where the accused absents himself from the enquiry on medical
grounds he is to 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 his serious condition, it may not be
possible for him to appear before the Medical Board, the Board
shall arrange to examine him at the place of his residence, of
which he will have to mention complete address in his leave
application.
3. I am to request that the provisions of the new Efficiency and Discipline Rules
may be brought to the notice of all concerned, for information and guidance.
No.SORI(S&GAD)1-71/74
Dated the 26th June 1975
Subject: IMPOSITION OF PENALTY ON CIVIL SERVANTS CONVICTED
IN A COURT OF LAW
I am directed to refer to rule 9(a) of the Punjab Civil Servants (Efficiency
and Discipline) Rules, 1975, [the corresponding rule in the West Pakistan
(Efficiency and Discipline) Rules, 1960 was rule 6B(a)] according to which a person
is not entitled *to the reasonable opportunity of showing cause if he may have to be
dismissed or removed from service or reduced in rank on the ground of conduct,
which has led to sentence of fine or imprisonment. A question has been raised
whether this exemption from observance of the prescribed enquiry procedure can be
availed of in the case of a civil servant convicted by a court of law and sentenced to
imprisonment or fine, but who may have gone in appeal to the next appellate court
and the appellate court may have suspended operation of the sentence and directed
the accused to be released on bail.
*Rule 9 stands amended w.e.f. 01.04.1982 and issuance of show cause notice is now required.
E&D Rules, 1975
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2. There can be no doubt that the exemption provided for in rule 9(a) of the
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 can be invoked
straight away, because suspension of the operation of sentence does not take away the
conviction and during the pendency of the appeal only the operation of the
sentence remains suspended.
3. In this connection, I am also to invite attention to para 3 of this Department’s
circular Memo. No.S.O.XII- 2-22/60, dated the 13th August, 1960, in which it has
been stated that if a civil servant is convicted in a court of law, he does not
automatically lose his employment under Government but if, in the opinion of the
authority competent to pass the order of dismissal, removal or reduction in rank, the
grounds which led to his conviction justify the imposition of any of these penalties,
that authority can pass such an order and where such a decision is taken on the
ground of conduct, which led to the conviction of the person concerned in a court of
law, the order can be passed without giving the person concerned a show-cause
notice. Such an order is to take effect from the date of the order, if passed, in
availing the exemption under rule 9(a) of the Punjab Civil Servants (Efficiency and
Discipline) Rules, 1975 and the provisions of the “note” below rule 7.5 of the C.S.R.
(Punjab), Vol.I, would not be attracted. Necessary action for amendment of this
“note” is being taken separately.
No.SORI(S&GAD)-1-65/73
Dated the 10th September 1979
Subject: PUNJAB CIVIL SERVANTS (E&D) RULES, 1975 CLARIFICATION
The following questions have cropped up in connection with the application
of various provisions of the Punjab (Efficiency and Discipline) Rules, 1975:
i) Whether a copy of the inquiry report should be supplied to the
accused officer/official while affording him an opportunity of
personal hearing under rule 8 of the Efficiency and Discipline Rules,
1975.
ii) Whether opportunity of personal hearing should be afforded in case it
is proposed to impose a minor penalty under rule 7(8) of the
Efficiency and Discipline Rules, 1975.
iii) Whether the notice under clause (a) of rule 6(3) of the Efficiency and
Discipline Rules, 1975 should contain full information about the
evidence proposed to be relied upon for action under the said
provision.
2. As regards point No. (i) it is clarified that under the existing rules, a copy of
the inquiry report or other record cannot be claimed by an accused as a matter of
right. However, if it is proposed to take action against him on the basis of such
report or record, copies thereof should be supplied to him, if he so demands.
3. With regard to point No. (ii) it is necessary to appreciate the fact that even a
minor penalty carries with it a stigma and constitutes a barrier in career advancement
Punjab Estacode 2013
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of the accused and justice demands that he should also be given an opportunity of
personal hearing by the authorized officer.
4. As regards point No. (iii) rule 6(3) of the Punjab Civil Servants (Efficiency
and Discipline) Rules, 1975 requires the authorized officer to inform the accused
Government servant of the action proposed to be taken against him and the grounds
of the action and give him a reasonable opportunity of showing cause against that
action. The expression “reasonable opportunity” has not been defined in the Efficiency
and Discipline Rules or in the substantive law, but it has acquired a legal
connotation in the sense that superior courts have held it to mean an opportunity
according to rules of natural justice. Two widely accepted principles of natural
justice are (a) a person must clearly be apprised of the offences with which it is
intended to charge him, and (b) he must not be condemned unheard. On the basis of
these principles the show cause notice served on a person proposed to be proceeded
against under rule 6(3) of the Efficiency and Discipline Rules, 1975, must contain
complete information about the grounds on which action is proposed to be taken
against him and he must except as provided otherwise, be given reasonable
opportunity to defend himself.
No. SORI(S&GAD)1-55/81
Dated the 18th August 1981
Subject: INQUIRIES UNDER THE E&D RULES, 1975
I am directed to say that delay in finalization of departmental inquiries under
the Punjab Civil Servants (Efficiency & Discipline) Rules, 1975 has been engaging
the attention of Government for quite some time. The Governor Punjab has taken a
serious notice of such delays and has been pleased to direct that departmental
inquiries should be finalized within the shortest possible time. Delay in completion
of proceedings adversely affects the working of the office or the department to
which the accused officer belongs because he does not vacate the post held by him
and nor replacement can be made till he remains under suspension or otherwise
remains preoccupied with the proceedings.
2. In order to speed up the process of departmental inquiries it has been decided
to lay down the following guidelines:
(a) While submitting the case for approval of the authority to initiate
proceedings against a civil servant under rule 5 of the Punjab Civil
Servants (Efficiency & Discipline) Rules, 1975 it should be ensured
that a proposal is also submitted for appointment of authorized officer
in cases where no one has been appointed as such or it is intended to
appoint an officer other than the officer already designated under the
relevant Delegation of Powers Rules. The authority if in the
Administrative Department should appoint the authorized officer in
such cases simultaneously with its directions to him to proceed under
the said rules.
(b) Draft charge sheet and statement of allegations should invariably be
submitted to the authority while seeking its approval to initiate
proceedings under rule 5 ibid.
E&D Rules, 1975
Page : 21
(c) In case the accused officer attempts to hamper the proceedings by
delaying tactics the inquiry officer and the authorized officer must
follow the procedure prescribed in Rule 7(5) and 7(6) of the Rules.
(d) Where ex-parte proceedings have been taken by the Inquiry Officer
under the rules denovo inquiry on grounds of lack of adequate
opportunity for defence should not normally be ordered. As a matter
of Policy extreme caution should be exercised in such cases and fresh
inquiry should be discouraged.
3. The above instructions may kindly be brought to the notice of all concerned
for strict compliance in future.
No.SOXII(S&GAD)5-2/62
Dated the 16th February 1962
Subject: FRAUD OR EMBEZZLEMENT OF GOVERNMENT MONEY
It has been brought to the notice of Government that in cases of fraud or
embezzlement of Government money in which a Government servant is involved, no
departmental inquiry is held once a case has been handed over to the Police. Cases
of financial loss to Government need utmost attention and care. In view of the
financial implications, it is necessary that every attempt should be made to fix
responsibility for such losses.
2. In this connection, attention is invited to paragraph 3 (l) of Appendix 2 to
Financial Handbook No.2, Punjab Financial Rules, Volume II (copy enclosed). The
intention seems to be that the head of office or Department should also reach
departmental conclusions about such cases, although there is nothing to stop him
from using the material collected by the police or the finding reached by the criminal
Court. I am to request that the instructions in the Financial Handbook may please be
strictly followed in all cases of fraud or embezzlement of Government money.
PARA 3 (1) OF APPENDIX 2 FROM FINANCIAL
HANDBOOK NO.2, PUNJAB FINANCIAL RULES
VOLUME-II
There is a tendency for the head of office or department to regard the
institution of criminal proceedings as absolving him from the task of conducting an
immediate and thorough departmental inquiry. Reluctance may be enhanced by the
apprehension that an inquiry may prove prejudicial to the result of the trial in a Court
of Law. As a result there has sometime been a great delay in taking departmental
proceedings and the results have been inconclusive. The departmental inquiry should
not, therefore, be delayed pending the decision of the criminal case, as at a later
stage of the evidence might disappear and departmental inquiry may not be brought
to any conclusion at all.
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NO. SORI(S&GAD)-1-65/73-P-III
Dated the 13th September 1981
Subject: SUMMONING OF WITNESSES IN DEPARTMENTAL INQUIRIES
UNDER THE EFFICIENCY & DISCIPLINE RULES, 1975
It has come to the notice of the Government that at times when it becomes
necessary to summon some private persons or retired Government servants as
witnesses in connection with an inquiry under the Punjab Civil Servants (Efficiency
and Discipline) Rules, 1975 for the prosecution or defence, the Inquiry Officer
encounters difficulty in ensuring the appearance of such witness before him. Such
witnesses claim traveling expenses if they have to undertake a journey from their
place of residence to the place of inquiry proceedings. There is no provision in any
rule for payment of such expenses. Absence of necessary witnesses apart from
delaying the final disposal of the inquiry has the effect of vitiating the proceedings
on the ground that the accused does not get an adequate opportunity of defence. In
order to avoid such situations the Governor Punjab has been pleased to direct that
the Inquiry Officer must reach out to the witnesses and arrange hearing at or near the
place of their residence. This may please be brought to the notice of all concerned
for strict compliance.
NO. SORI(S&GAD)-1-93/84
Dated the 13th December 1984
Subject: DISCIPLINARY ACTION AGAINST CIVIL SERVANTS CONVICTED
BY MILITARY COURTS
In pursuance of Government of Pakistan, Cabinet Secretariat, Establishment
Division’s Office Memo. No.3/6/82-D.2(Pt), Rawalpindi on the subject noted, I am
directed to bring to your notice the following excerpts of the directions issued by the
CMLA’s Secretariat Rawalpindi, for information and strict compliance:
I. CMLA’s Secretariat Rawalpindi No.57/29(1)/IB/AJAG/-CMLA/83, dated the
16th March 1984.
1. “ Instances have come to notice of this Secretariat where certain
public servants not falling within the purview of the Pakistan Army
Act, 1952 convicted by Military Courts and subsequently granted
pardon were reinstated perhaps on the plea that pardon takes away the
conviction.
2. The issue was however examined in consultation with the Law
Division who have advised that a free pardon does not restore
convicted person to public office forfeited in consequence of a
conviction though it may remove disability for fresh grant of
employment. A copy of Law Division U.O. Note No. 593/82 dated
20th January 1982 is enclosed for guidance/compliance.
3. Zone Heads are requested not to order reinstatement while granting
pardon to convicts.”
E&D Rules, 1975
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II. Office of the Chief Martial Law Administrator Pakistan: Order under Martial
Law Order No.10 issued by the Chief Martial Law Administrator Rawalpindi
dated 31st July 1984.
1. “In exercise of the powers conferred by the Martial Law
Administrator is pleased to interpret and decide that for the Chief
Martial Law Administrator Order No.1 of 1981 the word “Court”
shall include “A Service Tribunal” and other similar bodies” .
III. CMLA Secretariat Rawalpindi No.57/29(I)AJAG/CMLA 27th August 1984.
1. “Some doubts have arisen as to whether a pardoned convict could be
reinstated or not. These doubts were mainly created due to the note
given under PAA Sec 143 (Pardon takes away the conviction).
Instructions have already been issued on the subject vide this Sectt.
letter No.57/29(1)/IB/AJAG/CMLA/83, dated 16th March, 1983 and
all Zones were required not to issue orders for reinstatement of such
convicted civil servants who had been granted pardon by the
competent ML Authorities.
2. The matter has been re-examined and it has been decided that the
instructions already issued vide our above said letter are required to
be strictly complied with. In case there is any Court/Tribunal order
for reinstatement of a civil servant on the strength of previous pardon
cases the Government should prefer an appeal and if the appeal is
already time barred, a petition for condonation of delay may be
moved in the appellate court at an early date.
3. It may be appreciated that the term “Service Tribunal” has already
been included in the term “Court” as find mention in clause (5) and
(6) of Act 15 of the CMLA’s order No.1 of 1981, (CMLA’s Office
Order dated 31st July 1984 refers)” .
IV. CMLA’s Secretariat Rawalpindi No.57/29(I)AJAG/CMLA dated 25th
September 1984.
1. This Secretariat letter No.57/29(I)AJAG/CMLA 27th August 1984
refers. Above quoted letter is amended as under:
“However, in cases where while granting pardon to a
Government Servant as MLA directs that the person be
reinstated in service, the directions shall be implemented” .
2. I am to request that the above instructions may please be brought to the
notice of all concerned for strict compliance.
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CORRIGENDA
NO. SORI(S&GAD)-1-93/84
Dated the 16th December 1984
Subject: DISCIPLINARY ACTION AGAINST CIVIL SERVANTS CONVICTED
BY MILITARY COURTS
I am directed to refer to this Department’s circular letter No.SORI (S&GAD)
1-93/84, dated the 13th December 1984 on the subject cited above and to request that
clause (1) of sub para II of Para 1 may be read as under:
“In exercise of the powers conferred by the Martial Law Order No.10, the
Chief Martial Law Administrator is pleased to interpret and decide that for
the purposes of clause (5) and (6) of Article 15 of the Chief Martial Law
Administrator Order No.1 of 1981 the word “Court” shall include “A Service
Tribunal” and other similar bodies” .
No. SOXI(S&GAD)5-7/62,
Dated the 24th August 1962
Subject: SUSPENSION OF GOVERNMENT SERVANTS
I am directed to refer to this Department’s instructions for the speedy disposal
of disciplinary cases issued in this Department’s memorandum No.S(R)-21-
43/57-SOXIII, dated the 16th November 1957. The position has been reviewed by
Government in the light of experience gained during this period. It has been found
that a large number of Government servants remain suspended for periods longer
than 6 months and most of them get reinstated, which results in financial loss to
Government and causes unnecessary inconvenience to Government servants
concerned. Suspension should only be resorted to where it is essential.
SUSPENSION IN THE CASE OF DEPARTMENTAL INQUIRY
2. Recourse to suspension should not be made at the time of preliminary inquiry
as the situation can be met, if necessary, by transfer of a Government servant from
the station of posting. The question of suspension should only be considered when a
formal inquiry is to be undertaken by the Inquiry Officer under rule 8 of the West
Pakistan Government Servants (Efficiency and Discipline) Rules, 1960. The
suspension for corruption or misconduct should only be ordered where it is likely that
one of the following penalties can be imposed:
(a) Reduction to a lower post or time-scale or to a lower stage in
time-scale.
(b) Compulsory retirement.
(c) Removal from service.
(d) Dismissal from service.
E&D Rules, 1975
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SUSPENSION IN THE CASE OF POLICE CHALLANS
3. Suspension need not be ordered in all cases when a Government servant is
challaned. The criterion should be the same as in the case of departmental inquiry.
Normally in court cases it should follow conviction and should be discretionary at
other stages. Moreover, a Government servant need not be suspended merely for
being in Police custody unless he is convicted and the conditions as laid in the case
of departmental inquiry are fulfilled.
4. A Government servant may, however, be suspended on obstinate refusal to
carry out an order. This provision is essential. Otherwise, there will be no
peremptory remedy available to Government in such cases.
5. The existing policy about station leave as mentioned in paragraph 4 of the
letter under reference may be maintained.
No.SO-IV(S&GAD)-1-15/61
Dated the 24th May 1966
Subject: SUSPENSION OF GOVERNMENT SERVANTS
I am directed to refer to this Department’s letter No.SOXII(S&GAD) 5-7/62
dated the 24th August 1962, in which instructions were issued about the nature of
cases in which a person can be suspended. It has been brought to the notice of
Government that inquiries held by the Anti-Corruption Establishment and the
inquiries under the West Pakistan Government Servants (Efficiency & Discipline)
Rules, 1960, are delayed because the person against whom allegations are made does
not furnish necessary record or answer queries or charge-sheet within the specified
time limit. It hampers the very object of making the inquiries which are killed by the
process of time. It has, therefore, been decided that if a person deliberately delays
answering queries of the Anti-Corruption Establishment or the furnishing of record,
called for by them, or fails to furnish replies to the charge-sheet or other queries
made under the West Pakistan Government Servants (Efficiency & Discipline)
Rules, 1960, within the specified time limit, he shall be liable to be suspended from
Government service.
2. On the other hand, the appointing authorities are requested to take care that
this measure should only be adopted, when it is proved that the delay is deliberate
and without any reason.
No.SORI(S&GAD)1-65/73(Vol.II)-A
Dated the 26th March 1977
Subject: NEED FOR PROPER ENFORCEMENT OF EXISTING PROVISIONS IN
LAW/RULES IN CASES OF OFFICERS UNDER SUSPENSION
It has come to the notice of Government that some officials placed under
suspension indulge in acts of indiscipline but the competent authority does not take
any effective action against them.
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2. In this connection, attention of all concerned is invited to the following:
(a) Under Rule 6(1), PCS (Efficiency and Discipline) Rules, 1975, initial
suspension period of a civil servant is limited to three months. This
indicates that suspension should be resorted to sparingly and where
an official has been suspended, his case should be finalized within
three months, as far as possible. If the spirit of these Rules is
observed properly, the problems of suspended officers would be
solved to a considerable extent.
(b) An officer under suspension is required to be given reasonable
opportunity to prepare his defence during investigation and trial
subject to this condition, there is nothing to prevent competent
authority from directing him to attend office or transferring him to a
far off place.
(c) A civil servant does not cease to be a civil servant merely because he
has been suspended. Although, his powers, functions and privileges
are in abeyance during the suspension period, he continues to be
subject to the same discipline and penalties as if he had not been
suspended. Therefore, if a suspended officer indulges in indiscipline
or attempts to influence the course of investigation or trial in his
favour by questionable methods, he can be hauled up under PCS
(Efficiency and Discipline) Rules, 1975 by the competent authority
and charge sheeted. In the alternative, in appropriate cases, the
investigating agency can register a criminal case against him after
observing prescribed procedure.
3. In view of the position explained above, all concerned are requested to make
full and proper use of the existing provisions of law and rules while dealing with
cases of indiscipline and misconduct on the part of officers under suspension.
NOTIFICATION
21st January 1982
No. FD-SRI-3-45/81. In exercise of the powers conferred on him under Section 23
of the Punjab Civil Servants Act, 1974, the Governor of the Punjab is pleased to
direct that in the Civil Service Rules, Punjab, Volume I, Part I, the following further
amendments shall be made:
AMENDMENT
For rule 7.5 and the Note thereunder, the following shall be substituted:
7.5. A Government servant committed to prison either for debts or on
criminal charge should be considered as under suspension from the date of
his arrest and should be allowed only those payments as are laid down in rule
7.2 until the decision of his case by the trial court, unless, however, on being
released on bail during the course of trial, the authority concerned reinstates
E&D Rules, 1975
Page : 27
him keeping in view the nature of offence or the grounds for his commitment
to prison.
If the Government servant is acquitted or is finally released as a result
of the decision of his case by the trial court, an adjustment of his pay and
allowances should be made according to the circumstances of the case, the
full amount being given only in the event of his being acquitted of the blame
or, if imprisonment was for debt, of its being proved that the Government
servant’s liability arose from circumstances beyond his control. In other
cases, the authority shall decide as to whether any penalty should follow as a
result of the decision of the case and if so, he may be punished in accordance
with the Rules applicable to him and the punishment should be ordered with
retrospective effect from the date of trial court’s order of conviction. If the
authority decides not to impose any penalty the Government servant shall be
deemed to be on extraordinary leave for the period he was unable to perform
his functions as a result of his conviction by the trial court.
No.SORI(SGA&ID)1-90/87
Dated the 14th February 1988
Subject: TREATMENT OF PERIOD UNDER SUSPENSION
I am directed to say that the question whether acquittal of a civil servant
facing criminal or civil proceedings before a court of law with benefit of doubt,
should be considered to have been honourable acquittal for the purposes of
re-instatement and grant of consequential benefits has been examined in consultation
with the Law & Parliamentary Affairs and Finance Deptt. It has been decided that
since a person acquitted by the Court by giving him benefit of doubt has no judicial
remedy available to him to get such acquittal declared as honourable, all acquittals
including those based on benefit of doubt should be treated as honourable for all
purposes.
No.SORI(S&GAD)4-4/75
Dated the 19th July 1977
Subject: GRANT OF LPR TO GOVERNMENT SERVANTS COMPULSORILY
RETIRED FROM SERVICE UNDER THE PUNJAB CIVIL SERVANTS
(E&D) RULES, 1975
It has been decided that Government servants compulsorily retired from
service as a measure of punishment under the PCS (E&D) Rules, 1975 should not be
granted leave preparatory to retirement.
Punjab Estacode 2013
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No.SORI(S&GAD)1-16/76
Dated the 10th July 1978
Subject: EXPEDITIOUSFINALIZATION OF DISCIPLINARY CASES
Attention is invited to the instructions issued on the subject as detailed at the
bottom*.
2. In many cases, Government servants under suspension are reinstated after
completion of enquiry. Consequently they have to be paid salary for which they did
no work.
3. Suspension should be resorted to only when it is not possible to meet the
situation otherwise or where it is likely to result in the imposition of a major penalty
keeping in view the gravity of allegations.
4. The ‘Authority’ should make personal assessment of each case in which a
Government servant has been suspended to ensure that suspension is allowed to
continue beyond 3 months only where it is absolutely necessary. In this connection
attention is invited to Rule 6(1) of the Punjab Civil Servants (Efficiency &
Discipline) Rules, 1975.
5. As regard the case under investigation or trial, suspension need not be
ordered indiscriminately in all cases where Government servants are challaned. The
criterion should be the same as in the case of Departmental inquiry.
6. A Government servant may, however, be suspended for refusal to carry out
an order if he does not cooperate during an inquiry against him and causes delay
without any justifiable reasons.
7. To enable higher authorities to exercise proper check on disposal of cases
under the Efficiency and Discipline Rules where orders have been passed by
authority other than Government in Court, Police and Anti-Corruption cases
involving suspension of Government servants should be reported to the
Commissioners concerned who will take up the matter with authorities concerned to
secure expeditious completion of investigation of cases. Similar progress report
should also be furnished by the Anti-Corruption Department and the Enquiry
Officers conducting the cases of suspended Government servants to the authorized
officer.
8. I am directed to request that these instructions may be followed in letter and
spirit.
*(1) No.SOXII(S&GAD)5-7/86 dated 24.08.1962 (2) No. SOIV(S&GAD)1-29/74 dated 13.10.1964
(3) No. SOIV(S&GAD)1-29/64 dated 09.02.1962 (4) No. SOIV(S&GAD)1-15/64 dated 24.05.1966
(5) No. SOIV(S&GAD)1-15/64 dated 05.11.1966 (6) No. SOIV(S&GAD)1-15/64 dated 20.01.1968
(7) No. SOR-I(S&GAD)1-74/72 dated 18.10.1972 (8) No. SOR-I(S&GAD)1-65/73-VOl-A
dated 02.01.1976.
E&D Rules, 1975
Page : 29
NO. SORI(S&GAD)-1-93/81
Dated the 30th November 1981
Subject: ARRANGEMENTS FOR MONITORING THE PROGRESS OF
DEPARTMENTAL ENQUIRIES UNDER THE EFFICIENCY AND
DISCIPLINE RULES
I am directed to refer to this Department’s letter No. SORI(S&GAD)
-1-15/64(Policy) dated 17th January 1970, 25th March 1970 and 24th June 1970
stressing expeditious finalization of departmental enquiries and calling upon all the
appointing authorities to be vigilant in checking delays in these cases. The
Government have observed that these instructions are not being followed. To meet
the situation, amendments in the Punjab Civil Servants (Efficiency and Discipline)
Rules 1975, to prescribe definite * time-limits for various functions assigned to the
“Authority”, “Authorized Officer” and “Inquiry Officer” are under consideration.
2. In order to ensure expeditious completion of disciplinary proceedings against
Government servants, the Governor of the Punjab has been pleased to give the
following directions besides other steps under consideration:
(i) Each Administrative Department should prepare returns on the pro
forma annexed hereto. Such returns should be placed before the
Administrative Secretary and the Head of the Attached Department,
every month and they should issue necessary directions in each case.
They should ensure that such directions are complied with.
(ii) Quarterly returns of departmental enquiries/cases pending for more
than six months should be submitted to the Chief Secretary by the
10th of January, April, July and October.
(iii) The “Authorized Officer” should enquire from the Enquiry Officer/
Enquiry Officers in the first week of every month about the progress
of inquiries pending with them and ensure their expeditious
finalization. It is only when the Authorized Officer takes interest
that finalization of disciplinary case can be ensured.
(iv) Rule 7(4) of the Punjab Civil Servants (Efficiency and Discipline)
Rules, 1975, provides for hearing of the case on “day to day basis”
and Rule 7(7) ibid provides for completion of the report within 10
days of the conclusion of the proceedings. Authorized Officer
should particularly check whether the schedule has been observed.
(v) Presently most of the enquiries are entrusted to the O.S.Ds
(Enquiries) in the S&GAD. While cases of serious nature should
continue to be sent to the O.S.Ds, all other enquiries should be
entrusted to and conducted by departmental officers carefully
selected.
*Amended vide Notification No.SORI(S&GAD)1-55/81 dated 01.04.1982.
Punjab Estacode 2013
Page : 30
3. The Governor has further been pleased to direct that in exceptional cases
where there has been inordinate delay which cannot be explained, a mention should
be made in the A.C.R. of the Inquiry Officer concerned. Where it is established that
the “Authorized Officer” has not exercised adequate control and supervision, the
“Authority” if it is also the Reporting Officer, may make a note in his A.C.R.,
otherwise the matter may be intimated to the Reporting Officer for reflecting this in
the A.C.R. on the performance of “Authorized Officer”. These are, however,
extreme measures and should be taken with utmost caution.
E&D Rules, 1975
Page : 31
PROFORMA FOR WATCHING THE PROGRESS OF INQUIRY CASES UNDER
THE PUNJAB CIVIL SERVANTS (E&D) RULES, 1975
Sr.
No.
Name,
designation
& grade of
accused
civil
servant
Date of
approval by
authority
for
initiation of
disciplinary
action
Date of
appointment
of authorized
officer if
none has
already been
designated as
such under
the
delegation of
powers rules
Date of
appointment
of enquiry
officer/
enquiry
committee
Date of
service of
charge-sheet
and statement
of allegation
on the accused
Due date of
submission of
explanation of
accused civil
servants
1 2 3 4 5 6 7
Date of
actual
submission
of
reply by
the
accused
Date of
supply of
record
relating to
the
inquiry by
the
authorized
officer to
the
inquiry
officer
Enquiry
Due Date Commencement
Due date of
submission
of inquiry
report
i)date of
issue of
show
cause
notice by
the
authorized
officer.
ii)Date of
grant of
personal
hearing
Date of
decision/
recommendations
by
authorized
officer
Reasons
for delay
at any of
the
stages in
column
3 to 14
8 9 10 11 12 13 14 15
Punjab Estacode 2013
Page : 32
No. SORI(S&GAD)-1-93/81
Dated the 8th March 1982
Subject: ARRANGEMENTS FOR MONITORING THE PROGRESS OF
DEPARTMENTAL ENQUIRIES UNDER THE EFFICIENCY AND
DISCIPLINE RULES
I am directed to refer to this Department’s circular letter of even number
dated 30th November 1981, on the above subject and to state that Government have
decided that the information indicated in the pro forma should be maintained by all
authorized officers designated as such in the form of a pacca register as permanent
record. This shall be subject to examination and inspection by the Inspecting
Officers/Authorities.
NO. SOR-I (S&GAD)1-93/81
Dated the 7th August 1982
Subject: DELAY IN FINALIZATION OF DEPARTMENTAL AND
ANTI-CORRUPTION INQUIRIES, INDIFFERENCE TO COURT CASES
AGAINST GOVERNMENT
This is to bring to your notice some matters of very serious concern to
Punjab Government. These pertain to handling of inquiries under the Efficiency and
Discipline Rules, 1975 and judicial proceedings filed in Courts against or on behalf
of Government.
2. In spite of provision of a time frame for departmental inquiries in the E&D
Rules 1975 and repeated instructions about the manner of conducting such inquiries,
no visible difference appears to have occurred in timely finalization of such
proceedings. The inquiries still drag on for long periods causing prolonged mental
agony and torture to the accused who may turn out to be innocent, or resulting in
loss to Government and indiscipline among employees. Main reasons for erratic
handling of departmental inquiries are:
a) Delay in the appointment of “Authorized Officer” and the
“Inquiry Officer” .
b) Delay in framing the charge-sheet and statement of
allegations.
c) Failure of the Inquiry Officer to hear the case on day-to-day
basis.
d) Failure to dispose off the objections raised by the accused on
some procedural or technical points.
e) Failure to show the relevant record to the accused, if he
wishes to do so.
f) The prosecution evidence on behalf of the Government is not
placed properly and by an officer of suitable seniority before
the Inquiry Officer.
3. The provisions of E&D Rules are clear in the matter of time limits for
various stages of proceedings and for completion of inquiries and the procedure to
E&D Rules, 1975
Page : 33
be observed for conducting these. A person not observing these time limits and
procedures renders himself liable to action for violation of rules. In order to facilitate
disposal of inquiries step-wise chronological detail of the procedure for the guidance
of authorities under the E&D Rules, Model draft charge sheet, and notices to be
issued under rule 6(3) and rule 8 of the E&D Rules, and draft orders of appointment
of “authorized officer” and “inquiry officer” are enclosed as Annexure I to VIII.
These model drafts and stage-wise details of the procedure will, it is hoped take care
of technical flaws in the procedure pointed out above. Copies of this letter may,
therefore, be supplied to all offices under your administrative control.
4. In order to check the chronic problem of delay in completion of inquiries this
Department has at times been constrained to take over monitoring of progress of
inquiries, although this should in fact be done by the administrative Departments.
Through a circular of even number dated 30th November 1981 all concerned were
last requested to furnish quarterly returns of departmental inquiries pending for more
than six months by the 10th of every January, April, July and October. Progress of
inquiries pending for less than that was required to be watched by the Secretaries
and Heads of Attached Departments. The fact that return due on 10th July 1982 has
been received only from a few quarters indicates that instructions have not been
taken seriously. I would like to point out that since monitoring has been reintroduced
under express orders of the Governor, any lapses in this regard will have to be
brought to his notice. The Departments would be well advised to give serious
attention to this work. Format of the register to be maintained for watching progress
of inquiries has already been circulated with the letter referred to above.
5. Another matter of concern to Government is that litigation for or against
Government Departments/Agencies generally suffers by default. Instead of taking
interest in such Court cases as one would do in the case of his personal litigation, the
concerned authorities tend to treat this work as of minor importance leaving it to be
attended by junior officials. This indifference at supervisory level results in lack of
proper interest at all levels down the line and for obvious reasons culminates, more
often than not, in judgments against the Government. In order to arrest the adverse
tendency it has been decided that in future the grounds of action in cases on behalf
of Government shall invariably be signed by the head of department or office
responsible for piloting the case of Government. He shall also maintain a register of
all pending cases in which he is representing the Government. The register shall be
maintained as indicated in the format at slip ‘B’. The cases lost in the Courts shall be
reviewed every year in December and a report submitted to the Chief Secretary
through Law Department along with the views of the Head of Department/ Office
concerned about lapses, if any, on the part of any Government functionary. The
report shall be furnished to the Law Department by first week of January every year.
6. I would like to request you to make the above mentioned registers a
compulsory item of inspection by all inspecting officers of your Department/Office
who must record their remarks about proper handling or otherwise of these matters.
7. The receipt of this letter should please be acknowledged.
Punjab Estacode 2013
Page : 34
ANNEXURE-I
PROCEDURE FOR DEPARTMENTAL PROCEEDINGS
UNDER EFFICIENCY AND DISCIPLINE RULES 1975 IN CASES WHERE
FORMAL INQUIRY IS ORDERED
Step No. 1 Initiation of proceedings
In the following circumstances the authority shall direct the
authorized officer to proceed against a civil servant in respect of whom it stands
designated as authority:
a) On the basis of its own knowledge or information placed
before it, the authority is of the opinion that there are
sufficient grounds for proceeding against the civil servant.
“Action by
Authority”
b) The Anti-Corruption Committee No. 1 has decided to take
departmental action against a civil servant.
Note: Normally “authority” and authorized officer should have been designated as
such under the relevant Delegation of Powers Rules in respect of all posts
under any Department/Office. Before taking any action the authority must
ensure that it is properly designated and empowered to act as such. Besides
taking the decision for initiation of action the authority should
simultaneously direct the authorized officer to proceed against the accused.
Where no authorized officer has already been designated the authority
should immediately appoint an officer senior in rank to the accused to
perform the functions of authorized Officer. Draft order of appointment of
authorized officer is at Annexure-III.
Step No.2. Suspension of the accused or sending him on
forced leave
“Action by
Authority”
If the civil servant is accused of subversion, corruption or misconduct
the authority may suspend him or allow the authorized officer to do so for an initial
period of three months.
“Action by
Authorized
Officer”
If it is not considered necessary to suspend the accused the authorized
officer may require the accused to proceed on leave.
Note: Continuation of suspension or extension of leave, if intended,
must be approved by the authority after every three months.
Except where the accused has been arrested and is confined to
prison, suspension or forced leave, or extension thereof should
be decided on the merits of each individual case.
E&D Rules, 1975
Page : 35
Step No.3. Decision whether inquiry is necessary
“Action by
Authorized
Officer”
The authorized officer should decide within three days of the receipt
of direction of the authority given under Step No.1, or such extended period as may
be allowed by the authority on the written request of authorized officer, whether
formal inquiry is necessary.
Step No.4. Action in cases where formal inquiry is considered
necessary
“Action by
Authorized
Officer”
The authorized officer shall do the following things simultaneously:
i) Appoint an Inquiry Officer or an Inquiry Committee
consisting of two or more persons who or one of whom shall
be of the rank senior to the accused. If there are more than
one accused the Inquiry Officer or one of the members of the
Inquiry Committee must be senior in rank to all the accused.
A model draft order of appointment of inquiry officer-inquiry
committee is at Annexure-IV.
ii) Frame a charge sheet along with statement of allegations. A
Model Draft Charge Sheet is at Annexure-V. Since statement
of allegations differs from case to case no draft has been
drawn up for that.
iii) Communicate the charge sheet to the accused together with a
statement of allegations explaining the charge and other
relevant circumstances which are proposed to be taken into
consideration. The communication shall require the accused
to put in a written defence directly before the Inquiry Officer
or the Inquiry Committee within a reasonable time not less
than seven days or more than fourteen days from the date the
charge-sheet has been communicated to the accused.
iv) Forward such record or copies thereof and such other material
as is necessary for the conduct of inquiry to the Inquiry
Officer or the Inquiry Committee along with a list of
prosecution witnesses, if any.
v) Appoint an officer well conversant with the facts of the case
to assist the Inquiry Officer/Inquiry Committee in conducting
the inquiry.
Punjab Estacode 2013
Page : 36
Step No.5. Procedure to be observed by the Inquiry Officer or
Inquiry Committee
In addition to the procedure outlines in rule 7 the Inquiry Officer or
Inquiry Committee should take care of the following:
i) The proceedings must be conducted on day-to-day basis and
should be arranged as far as possible at or near the place of
residence of defence witnesses.
ii) In case the accused officer attempts to hamper the proceedings
by delaying tactics the Inquiry Officer must have recourse to
procedure prescribed in rule 7(4) and 7(5).
iii) The Inquiry Officer or Inquiry Committee should complete
the proceedings within a period of 60 days.
Step No.6. Action after receipt of the Inquiry Report
On receipt of the report of findings of Inquiry Officer/Inquiry
Committee the “Authorized Officer” shall determine whether all or any of the
charges stand proved.
Step No.7. Action where charges stand proved
If all or any of the charges stand proved the authorized officer has to
decide whether the charge calls for imposition of:
a) One or more of the minor penalties listed in rule 4(a), or
b) One or more of the major penalties listed in rule 4(b).
Step No.8. Finalization of the proceedings by the Authorized Officer
where one or more of the minor penalties is called for
“Action by
Authorized
Officer”
If the case calls for one or more of the minor penalties the authorized
officer shall impose the same after giving the accused an opportunity of showing
cause against that action.
If the case calls for a major penalty the authorized officer shall
forward the case to the authority along with:
i) Charge-Sheet
ii) Statement of allegations
iii) Findings of the inquiry officer/inquiry committee
iv) His own recommendations
If it is proposed to drop the proceedings the authorized officer shall
submit the case with all relevant record to the “authority” for orders.
E&D Rules, 1975
Page : 37
Step No.9. Decision of Authority
On receipt of recommendations and record from the authorized officer the
authority shall give the accused an opportunity of personal hearing and pass such
orders as it may deem fit.
Note: Draft notice for personal hearing is at Annexure-VIII.
Punjab Estacode 2013
Page : 38
ANNEXURE-II
PROCEDURE FOR DEPARTMENTAL PROCEEDINGS
UNDER EFFICIENCY AND DISCIPLINE RULES, 1975, IN CASES
WHERE FORMAL INQUIRY IS NOT ORDERED
Step No.1. Initiation of proceedings
In the following circumstances the authority shall direct the
authorized officer to proceed against a civil servant in respect of whom it stands
designated as authority:-
“Action by
Authority”
a) On the basis of its own knowledge or information placed
before it, the authority is of the opinion that there are
sufficient grounds for proceeding against the civil servant.
b) The Anti-Corruption Committee No.1 has decided to take
departmental action against a civil servant.
Note: Normally “authority” and “authorized officer” should have been
designated as such under the Delegation of Powers Rules in
respect of all posts under any Department/Office. Before taking
any action the authority must ensure that it is properly designated
and empowered to act as such. Besides taking the decision for
initiation of action the authority should simultaneously direct the
authorized officer to proceed against the accused. Where no
authorized officer has already been designated the authority should
immediately appoint an officer senior in rank to the accused to
perform the functions of authorized officer. Draft order of
appointment of authorized officer is at Annexure-III.
Step No. 2. Suspension of the accused for sending him on
forced leave
“Action by
Authority”
If the civil servant is accused of subversion, corruption or misconduct
the authority may suspend him or direct the authorized officer to do so, initially for a
period of three months.
“Action by
Authorized
Officer”
If it is not considered necessary to suspend the accused, the
authorized officer may require the accused to proceed on leave.
Note: Continuation of suspension or extension or leave, if intended, must
be approved by the authority after every three months. Except
where the accused has been arrested and is confined to prison,
E&D Rules, 1975
Page : 39
suspension or forced leave, or extension thereof should be decided
on the merits of each individual case.
Step No.3. Decision whether inquiry is necessary
“Action by
Authorized
Officer”
The authorized officer should decide within three days of the receipt
of direction of the authority (see Step No. 1), or such extended period as may be
allowed by the authority on the written request of authorized officer, whether formal
inquiry is necessary.
Step No.4. Action in cases where formal inquiry is not
considered necessary
“Action by
Authorized
Officer”
The authorized officer shall immediately inform the accused by order,
in writing, of the action proposed to be taken against him and the grounds of that
action and give him a reasonable opportunity of showing cause against that action. A
model draft note is at Annexure-VI.
Note: Reasonable opportunity would mean such opportunity which
enables the accused to present his defence adequately. This opportunity
can, however, be refused where it is not expedient to extent
it in the interest of security of Pakistan or any part thereof. Before
conveying the refusal, approval of the “authority” must be
obtained.
Step No.5. Action after receipt of reply of the accused
On receipt of explanation of the accused, the “authorized officer”
shall determine whether or not the charge has been proved.
Step No.6. Determination of proof of charge and quantum of
punishment called for
If the charge stands proved, the authorized officer has to decide
whether the charge calls for imposition of:
a) One or more of the minor penalties listed in rule 4 (a); or
b) One or more of major penalties listed in rule 4 (b).
Step No.7. Imposition of penalty by the Authorized Officer
Punjab Estacode 2013
Page : 40
“Action by
Authorized
Officer”
If the case calls for a minor penalty the authorized officer shall
impose it after giving the accused an opportunity of showing cause against that
action.
If the case calls for a major penalty the authorized officer shall
forward the case to the authority along with:
i) Show Cause Notice
ii) Written defence of the accused in reply to the show cause
notice
iii) His own recommendations
If it is proposed to drop the proceedings the authorized officer shall
submit the case with all relevant record to the “authority” for orders.
Step No.8. Imposition of penalty by the Authority
On receipt of recommendation and record from the authorized officer
the authority shall give the accused an opportunity of personal hearing and pass such
orders as it may deem fit.
Note: Draft notice for personal hearing is at Annexure-VII.
E&D Rules, 1975
Page : 41
ANNEXURE-III
MODEL DRAFT ORDER
(TO BE ISSUED BY THE AUTHORITY) APPOINTING THE AUTHORIZED
OFFICER UNDER THE FIRST PROVISO BELOW CLAUSE (c) OF THE SUB
RULE (1) OF RULE 2 OF THE PUNJAB CIVIL SERVANTS (E&D) RULES 1975
(WHERE ONE IS NOT ALREADY SO AUTHORIZED OR DESIGNATED)
ORDER
Whereas in the opinion of the “Authority”______________________
(state here the full designation)
____________________________________________________, there are sufficient
grounds for proceeding against___________________________________________
(give here full name and designation of the accused
civil servant)
on the charge of in-efficiency/misconduct/corruption or reasonably being considered
corrupt/subversive activities;
(score out which is not applicable)
And whereas in the case of the said accused civil servant no
Authorized Officer has been so authorized or designated within the meanings of
Rule 2(1)(c) read with Rule 2(3) of the Punjab Civil Servants (E&D) Rules, 1975.
Now, therefore, in exercise of the powers delegated to me under the
first proviso below Rule 2 (1) (c) of the Punjab Civil Servants (E&D) Rules, 1975, I,
as the Authority in respect of the said accused civil servant, hereby appoint
_______________ to act as the Authorized (give here full name & designation)
officer under and in accordance with Rule 6 and 7-A of the Efficiency and
Discipline Rules, 1975.
AUTHORITY
Punjab Estacode 2013
Page : 42
ANNEXURE-IV
MODEL DRAFT ORDER
(TO BE ISSUED BY THE AUTHORIZED OFFICER UNDER RULE 6 (5) OF
THE PUNJAB CIVIL SERVANTS (EFFICIENCY & DISCIPLINE) RULES,
1975 APPOINTING AN ENQUIRY OFFICER OR ENQUIRY COMMITTEE
CONSISTING OF TWO OR MORE PERSONS WHO OR ONE OF WHOM
SHALL BE OF A RANK SENIOR TO THAT OF THE ACCUSED CIVIL
SERVANT OR IF THERE ARE MORE THAN ONE ACCUSED CIVIL
SERVANT SENIOR TO ALL THE ACCUSED
O R D E R
Where the Authority_______________________________________
(give here full designation)
has directed under Rule 5 of the Punjab Civil Servants (Efficiency & Discipline)
Rules, 1975, the undersigned, as the Authorized officer, to proceed against
________
(give here full name and designation of the accused civil servant)
And whereas I,___________________________________________
(give here full name & designation)
as the Authorized Officer, on due consideration of the facts of the case, have decided
under Rule 6 (2) of the Punjab Civil Servants (E&D)Rules, 1975 that an enquiry is
necessary in the interest of justice.
*Substitute the following for Now, therefore, I hereby
the portion in parenthesis appoint /*[_____________________________
where an Enquiry Committee (give here full
may have to be appointed. name and designation)
“The Enquiry Committee as the Enquiry Officer]
consisting of: to enquire into the
charges as set forth
1.__________(Convener) in the enclosed charge-
2.__________(Member) sheet served on the
3.__________(Member) accused civil servant
(give full name & on______________________________
designation of (give here the date on which
each)” the charge sheet is served);
The accused civil servant has been directed to put in his written
defence directly before the Enquiry Officer/ Enquiry Committee. The relevant record
or copies thereof or such other material as is necessary for the conduct of the enquiry
is enclosed herewith.
The Enquiry Officer/Enquiry Committee shall proceed under and in
accordance with the provisions of Rule 7 of the Punjab Civil Servants (E&D) Rules,
1975 and submit to the undersigned a report of his/its findings within the period
specified therein.
AUTHORIZED OFFICER
E&D Rules, 1975
Page : 43
ANNEXURE-V
Caution: i) The model charge-sheet is meant to be served in cases where
the Authorized Officer considers an enquiry, through the
Enquiry Officer or Enquiry Committee, necessary.
ii) The model charge sheet is designed to furnish essential
guidelines only and it may be suitably amended, altered or
added to keeping in view the circumstances of each case. The
words, expressions or parts not applicable may be carefully
deleted.
iii) Each case has to be examined in its own perspective with due
care and proper application of mind. The model charge-sheet
is not to be used mechanically. The underlying idea, in
circulating it, is simply to provide general guidance.
iv) It needs hardly be added that these caution notes are not to
form part of the contents of the charge-sheet meant to be
actually served.
MODEL CHARGE SHEET
I, (name & full designation ____________________________ hereby
of authorized officer) charge-sheet you Mr.
_____________________________________(full designation of the accused)
________________________________________________ as under:
That while posted as_______________________________________
____________________ you ___________________________________________
______________________________.
I) ______________________________
II) ______________________________
III) ______________________________
2. By reason of the above you appear to be:
a) inefficient within the meaning of rule 3 (a) of the Punjab Civil
Servants (Efficiency & Discipline) Rules, 1975 and/or,
b) guilty of misconduct within the meaning of rule 2(1) (d) and 3(b) of
the Punjab Civil Servants (Efficiency & Discipline) Rules, 1975 and/or,
c) corrupt or can reasonably be considered corrupt within the meaning
of rule 3(c) of the Punjab Civil Servants (Efficiency & Discipline) Rules, 1975,
and/or
Punjab Estacode 2013
Page : 44
c) corrupt or can reasonably be considered corrupt within the meaning
of rule 3(c) of the Punjab Civil Servants (Efficiency & Discipline) Rules, 1975,
and/or
d) engaged or are reasonable suspected of being engaged in subversive
activities, or are reasonably suspected of being associated with others engaged in
subversive activities, or are guilty of disclosure of official secrets to unauthorized
person(s), and your retention in service is, therefore, considered prejudicial to the
national security within the meaning of rule 3(d) of the Punjab Civil Servants (E&D)
Rules, 1975; and as such, are liable to disciplinary action under Rule 3 of the Punjab
Civil Servants (E&D) Rules, 1975 which may include imposition of one or more of
the penalties prescribed by rule 4 of the said rules
*The days allowed are 3. You are hereby required to submit
to be not less than your written defence within *_____
seven(7) and not more days of the receipt of this
than fourteen (14) charge sheet, as to why
from the day the disciplinary action, as aforesaid
charge sheet is may not be taken against you.
served.
4. Your written defence should reach the Inquiry
Officer/Inquiry Committee within the aforesaid
period along with a list of defence witnesses
you may wish to produce in support of your
defence. In case of your failure to do so, it shall
be presumed that either you have no defence to
offer or you have declined to offer the same,
and you accept the charges.
5. A statement of allegations in support of this
charge-sheet is enclosed.
6. In case you may desire to consult any record on
which the aforesaid charges are based or is
relevant to the aforesaid charges, you may do
so with prior arrangement with the Authorized
Officer, within 7 days of the receipt of this
Notice/Charge-sheet.
Dated__________ OFFICER
DESIGNATION____________
(AUTHORIZED OFFICER)
E&D Rules, 1975
Page : 45
ANNEXURE-VI
MODEL SHOW CAUSE NOTICE
To
_______________________
_______________________
No.
Date:
Subject: SHOW CAUSE NOTICE
Whereas the undersigned, as Authorized Officer in your case, has
been directed by the Authority to proceed against you under the Punjab Civil
Servants (E&D) Rules, 1975 (on the following allegations:
i)
ii)
iii)
as further detailed in the enclosed statement of allegations).
And whereas the undersigned has decided that it is not necessary to
have an inquiry conducted in proof thereof and whereas it is proposed to proceed
against you under sub-rule(3) of rule 6 of the Punjab Civil Servants (Efficiency &
Discipline) Rules, 1975.
Now, therefore, you are hereby called upon to show cause in writing
within ____________days of the receipt of this communication as to why one or
more of the penalties as prescribed in rule 4 of the Punjab Civil Servants (Efficiency
& Discipline) Rules, 1975, should not be imposed on you.
Your explanation (in duplicate) should reach the undersigned within
the said period, failing which it shall be presumed that you have no defence to offer,
and do not wish to be heard in person.
In case you may desire to consult any record on which the aforesaid
charges are based or is relevant to the aforesaid charges, you may do so with prior
arrangement with the undersigned within 7 days of the receipt of this Notice/Charge
Sheet.
AUTHORIZED OFFICER
Punjab Estacode 2013
Page : 46
ANNEXURE-VII
MODEL DRAFT OF NOTICE OF PERSONAL HEARING
UNDER RULE 8 OF THE PUNJAB CIVIL SERVANTS
(EFFICIENCY AND DISCIPLINE) RULES, 1975
MEMO
To
______________________________
______________________________
(give here full name, designation
& address of the accused civil servant)
Subject: PERSONAL HEARING UNDER RULE 8 OF THE PUNJAB CIVIL
SERVANTS (EFFICIENCY & DISCIPLINE) RULES, 1975
On consideration of the report of the Enquiry officer/Enquiry Committee, the
Authorized officer_________________________has determined that the following
changes (give here full designation) stand proved against you:
1)__________________
2)__________________
3)__________________
(give here the brief description of the charges proved).
A copy of the report of Enquiry Officer/Enquiry Committee is enclosed. It is proposed
to impose on you the penalty of
____________________________________________
(state here the proposed penalty)
You are hereby offered the opportunity of personal hearing
_______________________________________________________
(give here the name and full designation of the Authority if the
personal hearing is to be given by him or of the officer senior in rank
to the accused as may be designated for the purpose).
For this purpose, you are hereby advised, in your own interest, to appear
before the aforesaid officer on ___________________________________________
(give here the date, time and place of personal hearing)
to offer your additional defence, if any, during the said
personal hearing.
E&D Rules, 1975
Page : 47
ANNEXURE-VIII
MODEL DRAFT OF NOTICE OF PERSONAL HEARING
UNDER RULE 8 OF THE PUNJAB CIVIL SERVANTS
(EFFICIENCY & DISCIPLINE) RULES, 1975
MEMO
To
_____________________________
_____________________________
(give here full name & designation &
address of the accused civil servant)
Subject: PERSONAL HEARING UNDER RULE 8 OF THE PUNJAB CIVIL
SERVANTS (EFFICIENCY & DISCIPLINE) RULES, 1975
On consideration of the written defence offered in your letter dated _______,
to show cause against the action proposed to be taken in regard to you, as spelt out in
memo No. _______________________________________________________
(give here the time and place of personal hearing) to offer
your additional defence if any, during the said personal
hearing
before______________________________________________________________
(give here the name and full designation of the Authority, if personal hearing
is to be given by him or of the officer senior in rank to the accused
designated for the purpose).
For this purpose, you are hereby advised, in your own interest, to appear
before the aforesaid officer on ___________________________________________
(give here the time and place of personal hearing) to
offer your additional defence if any, during the said
personal hearing.
Punjab Estacode 2013
Page : 48
SLIP ‘B’
CASES PENDING IN CIVIL/CRIMINAL COURTS
ON BEHALF OF THE GOVERNMENT
Sr.
No.
Subject
matter of
the case
Date of
Institution
Court in
which
pending
Interim
injunction if
any with date
of injunction
and the
statement
whether an
appeal was
filed for its
vacation
The
Counsel
representing
Government
List of
dates of
hearing
up-todate
1. 2. 3. 4. 5. 6. 7.
E&D Rules, 1975
Page : 49
NO. SORI(S&GAD)-1-93/81
Dated the 10th November 1982
Subject: DELAY IN FINALIZATION OF DEPARTMENTAL AND
ANTI-CORRUPTION INQUIRIES, INDIFFERENCE TO COURT CASES
AGAINST GOVERNMENT
I am directed to refer to circular of even number dated 7th August, 1982 on
the subject noted above and to enclose a new model charge sheet to be read instead
of that previously attached to the above mentioned circular under Annexure-V.
MODEL CHARGE SHEET
To
____________________
____________________
____________________
WHEREAS I_____________________________ (Name and full
designation) as Authorized Officer in your case, have been directed by the Authority
under rule 5 of Punjab Civil Servants (E&D) Rules, 1975 to proceed against you.
AND WHEREAS I consider that in the light of facts of the case and in the
interest of justice, it is necessary to hold an inquiry and to appoint an inquiry
officer/inquiry committee:
NOW THEREFORE you Mr. _____________________ (full designation)
________________ are hereby charged as under:
That while posted as __________________ you
(I)___________________________________
(II) ___________________________________
(III)___________________________________
2. By reason of the above you appear to:
(a) be inefficient or have ceased to be efficient within the meaning of rule
3(a) of the Punjab Civil Servants (Efficiency and Discipline) Rules,
1975 and/or
(b) be guilty of misconduct within the meaning of rules 2(I)(d) and 3(b)
of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975,
for the said omissions/commissions on your part and/or
(c) be corrupt or may reasonably be considered as corrupt within the
meaning of rule 3(c) of the Punjab Civil Servants (Efficiency &
Discipline) Rules, 1975, in as much as you or any of your dependents
Punjab Estacode 2013
Page : 50
or any other person through you or on your behalf are in possession
of pecuniary resources or of property disproportionate to your known
sources of income which you cannot reasonably account for or you
have assumed a style of living beyond your ostensible means or you
have a persistent reputation of being corrupt and/or
(d) be engaged or are reasonably suspected of being engaged in
subversive activities, or are reasonably suspected of being associated
with others engaged in subversive activities, or/are guilty of
disclosure of official secrets to unauthorized person(s), and your
retention in service is prejudicial to the national security within the
meaning of rule 3(d) of the Punjab Civil Servants (Efficiency and
Discipline) Rules, 1975.
As detailed in the enclosed statement of allegations and as such you are liable
to disciplinary action under Rule 3 of the Punjab Civil Servants (Efficiency and
Discipline) Rules, 1975 which may involve imposition of one or more of the
penalties prescribed by rule 4 of the said rules.
3. You are hereby required to submit your written defence to the above charges
within *days of the receipt of this charge sheet, explaining as to why disciplinary
action, as aforesaid, may not be taken against you, and stating at the same time,
whether you also desire to be heard in person.
4. Please take notice that your written defence should reach the undersigned
within the aforesaid period, failing which it shall be presumed that either you have
no defence to offer or you have declined to offer the same and you accept the
charges.
Enclosures FULL NAME ___________________
Statement of
allegation in DESIGNATION _________________
_____pages. (AUTHORIZED OFFICER)
Dated _________
No.SORI(S&GAD) 7-1/72
Dated the 23rd October 1973
Subject: WITHHOLDING/WITHDRAWAL OF PENSION OR ANY PART
OF IT FOR GRAVE MISCONDUCT DURING SERVICE
I am directed to refer to para, 3 of this Department’s Letter of even number
dated the 20th April, 1972 (as subsequently amended, – vide letter of even number
dated the 9th August, 1972) on the subject and to say that the High Court’s
pronouncement in “Mr. Muhammad Saeed Khan vs. West Pakistan” reported as
P.L.D. 1969 Peshawar – 147 has been set aside by the Supreme Court in their
decision of the Government appeal entitled “the Government of N.W.F.P. vs. Mr.
Muhammad Saeed Khan and another”, – vide# P.L.D. 1973-SC514. Consequently,
the instructions contained in the letters referred to above are hereby superseded.
*The days allowed are to be not less than seven (7) and not more than fourteen (14) from the
day the charge-sheet is served.
E&D Rules, 1975
Page : 51
Keeping in view the interpretation given by the Supreme Court, the provisions of
rule 1.8 of the West Pakistan Civil Services Pension Rules, 1963 are explained
below:
(a) Each of the clauses (a) and (b) of this rule is a self contained and
independent provision, designed to cater for two different situations.
Under Clause (a), maintenance of “Good Conduct” is made an
inseparable condition for the grant or continuance of pension to a
Government servant and the Government reserves to itself the plenary
power to withhold or withdraw a pension or any part thereof if the
pensioner is convicted for serious crime or is found guilty of grave
misconduct whether during or after completion of his service.
However, clause (b) cannot be used to effect a penal recovery if there
be a case of fraud or negligence during the service though it may be
made a ground for a finding that the service has not been thoroughly
satisfactory.
(b) Clause (b) ibid empowers the Government to order recovery from the
Pension, of the whole or part of any pecuniary loss, caused to the
Government if the Pensioner is found in departmental or judicial
proceedings to have been guilty of grave misconduct or negligence
during his service. Under clause (b) the Government reserves to itself
the right to recover from the pension the amount of any pecuniary
loss which it has suffered while the Pensioner was in service. It is
however, to be noted that this power cannot be resorted to after efflux
of one year from the date of retirement of the Pensioner.
(c) On general principles as also on the wording of rule 1.8 (a), the
Executive has the exclusive power to determine whether on the facts
of the case the officer concerned was guilty of gross misconduct and
this applies equally to the serving officers as well to those who have
retired but whose pensionary claims are yet to be settled.
(d) Except as a result of the inquiry contemplated under clause (a), the
Government has no power under the rules to suspend the payment of
whole or any part of the pension of a Government servant otherwise
admissible, pending inquiry against him. It follows that any order in
that behalf in anticipation of the result of the inquiry will be without
any valid basis.
No. SORI(SGA&ID)1-60/70
Dated the 11th April 1974
Subject: WITHHOLDING/WITHDRAWAL OF PENSION OR ANY PART
OF IT, FOR GRAVE MISCONDUCT DURING SERVICE
I am directed to refer to clause (a) of rule 1.8 of the West Pakistan Civil
Services Pension Rules which reads as follows:
“Good conduct is an implied condition of every kind of pension. Government
may withhold or withdraw a pension or any part of it if the pensioner be
Punjab Estacode 2013
Page : 52
convicted of serious crime or be found to have been guilty of grave
misconduct, either during or after the completion of his service, provided that
before any order to this effect is issued, the procedure regarding imposition
of the penalty of removal from service shall be followed.”
Government have decided that the provision of this rule should be strictly
enforced in all cases and that where a pensioner commits “misconduct”, the
Pension sanctioning Authorities should take prompt action to withhold or
withdraw his pension or any part of it.
2. “Misconduct” in such cases would mean conduct prejudicial to good
behaviour or unbecoming of a gentleman. On any question whether any act on the
part of the pensioner is misconduct or not, the decision of the Governor shall be final
and binding. In this connection, the instructions contained in this Department’s
circular letter No.SORI(S&GAD) 7-1/72 dated the 23rd October 1973 may also
kindly be kept in view.
No.SORI(S&GAD)1-54/77
Dated the 2nd February 1978
Subject: CONDUCTING OF ENQUIRIES AGAINST RETIRED GOVERNMENT
SERVANTS UNDER THE E&D RULES
Please refer to this Department’s letter No.SORI(S&GAD)-7-1972 dated 23rd
October 1973 and SORI(S&GAD)1-60/70 dated 11th April 1974.
2. In consultation with the Law Department it is further clarified that clause (a)
of Rule 1.8 of the West Pakistan Civil Services Pension Rules is self contained and
an independent provision designed to cover a different situation. In PLD1973,
SC.514, in a case under Pakistan Civil Service (Pension) Rules, 1973, it was
observed that it would be doing violence to the plain language of clause (b) of Rule
1.8 the so-called provision in it is also to be construed as a proviso to clause (a). It
would thus appear that the time limit as incorporated in clause (b) does not exist in
clause (a) wherein only maintenance of good conduct has been made an inseparable
condition for the grant or continuance of pension to a Government servant and the
Government reserves to itself power to withhold or withdraw a pension or any part
thereof if the pensioner is convicted for serious crime or found guilty of grave
misconduct whether during or after completion of his service. Accordingly if the
circumstances of the case so warrant the A.D. can proceed with action under clause
(a) of Rule 1.8 after observing the procedure provided therein notwithstanding the
time lag after the retirement of the civil servant.
NO. SOR.III-2-37/89
Dated the 24th April 1989
Subject: REINSTATEMENT OF GOVERNMENT SERVANTS AFTER
UNAUTHORIZED ABSENCE FROM DUTY
I am directed to say that instances have come to the notice of Government
that civil servants granted leave ex-Pakistan for short period on personal grounds
like meeting their relatives, visiting holy places etc., do not return to duty on the
E&D Rules, 1975
Page : 53
expiry of such leave. Disciplinary action against them resulting in removal from
service has in some cases been reversed by the Appellate Authorities even very long
after the limitation for appeal. Re-instatement in such cases on technical grounds
obviously causes hardship to those who stay back in the country and also creates
belated financial liability for the Government.
2. In a particular case, a Forest Ranger was allowed leave-ex-Pakistan in 1974,
ostensibly to enable him to see his ailing relatives abroad and he was due to come
back in 1976. Failing that he was removed from service on the charge of willful
absence, but after a lapse of 9 years the Appellate Authority re-instated him in
service in 1985 by treating the period of absence from duty from 1976 to 1985 as
Extraordinary leave. Obviously such order was ab initio void as being ultra vires of
the Revised Leave Rules 1981 issued vide Finance Department’s Notification No.
FD.1-85/78 dated 13.07.1981 according to which the maximum period of
Extraordinary Leave without pay cannot exceed five years at a time. In the said case
it has been decided that:
i) The period of absence from duty 21.01.1976 to 18.11.1985 will
constitute break in service and result in forfeiture of the past service
for purposes of pension.
ii) Reinstatement will be deemed as fresh appointment for all purposes.
3. I am accordingly directed to request that provisions of Revised Leave Rules,
1981 may please be strictly adhered to while dealing with the cases of civil servants
who come after un-authorized absence from abroad
4. These instructions may kindly be brought to the notice of all concerned.
No.SORI(S&GAD) 16-15/90
Dated the 17th May 1990
Subject: REGULARIZATION OF THE PERIOD OF OVERSTAY/ABSENCE
ABROAD THE TREATMENT OF THE PERIOD OF ABSENCE FROM
DUTY
I am directed to say that instances have come to the notice of Government
that civil servants granted deputation abroad or ex-Pakistan Leave for short period
on personal grounds, do not return on the expiry of permissible period of deputation
or leave. In disciplinary action under Punjab Civil Servants (Efficiency &
Discipline) Rules, 1975 initiated against such officials they are let of with minor
penalties by the authority with recommendations to the Government for treating the
period of absence as extraordinary leave without pay in relaxation of the rules etc.
2. When a case of this nature was submitted to the Chief Minister, he has been
pleased to decide as under:
i) No officer, who remains on un-authorized absence, should be
allowed to join duty until disciplinary proceedings have been
completed against him. During the intervening period he/she
shall be treated to be under suspension.
Punjab Estacode 2013
Page : 54
ii) Authorities under the Punjab Civil Servants (E&D) Rules,
1975 should confine themselves to taking disciplinary action
in accordance with the rules. They should avoid making
recommendations as to how the period of un-authorized
absence should be treated/ regularized. This question should
be left to be decided separately by the competent authority
under the rules.
3. Chief Minister has further observed that since grant of leave of any kind
implies permission of the competent authority to stay away from the job it can be
construed to take away the charge of unauthorized absence from duty and can imply
exoneration of the accused. The period should be treated as unauthorized absence.
However, in genuine cases of absence due to circumstances beyond the employee’s
control, if the officer is subsequently reinstated in service, the period of unauthorized
absence will qualify for condonation of break in service without any financial
benefits.
4. I am accordingly directed to request that the provisions of Punjab Civil
Servants (E&D) Rules, 1975 and Revised Leave Rules, 1981 may please be strictly
adhered to while dealing with cases of civil servants who come after unauthorized
absence from abroad.
5. The instructions referred above may kindly be strictly adhered by all
concerned.
NO. SOR.I-1-25/2001
Dated the 10th July 2003
Subject: DISCIPLINARY PROCEEDINGS AGAINST CIVIL SERVANTS ON
ACCOUNT OF UNAUTHORIZED ABSENCE FROM DUTY –
TREATMENT OF ABSENCE PERIOD
The instructions issued vide Regulations Wing of S&GAD’s circular letter
No. SOR-III-2-37/89 dated 24.04.1989 and letter No. SORI(S&GAD)16-15/90
dated 17.05.1990 have been re-examined in the light of decisions of the Punjab
Service Tribunal and it has been found that the said instructions are inconsistent with
the rules and are, therefore, withdrawn with immediate effect.
2. The problem of unauthorized absence from duty is rampant in Government
departments and it has been observed that despite clear rules and instructions on the
subject such cases are not dealt with appropriately in accordance with the rules by
the relevant authorities. The Administrative Departments are, therefore, requested to
follow the following instructions/guidelines while dealing with the cases of
unauthorized absence from duty:
i) Competent authorities must ensure that disciplinary action is
initiated against a person who absents himself from duty unauthorizedly,
immediately on receipt of information to this
effect.
ii) Where disciplinary action could not be initiated against such
person due to negligence or other reasons, and such person
E&D Rules, 1975
Page : 55
reports for duty after his un-authorized absence, he shall not
be assigned any duty until disciplinary proceedings have been
completed against him. During the intervening period he shall
be treated to be under suspension.
iii) The relevant authorities must ensure that disciplinary
proceedings under the relevant Laws/Rules are initiated
against such person, within 30 days of his reporting for duty
after unauthorized absence.
iv) Officers/officials responsible for delay in submitting the case
for initiation of action against such person to the competent
authority shall be deemed to be guilty of misconduct and
therefore shall be liable to be proceeded under the relevant
disciplinary law/rules, for the time being in force.
v) The competent authorities shall ensure that disciplinary
proceedings in such cases are completed at the earliest
possible time so that such persons do not remain under
suspension for long periods, thus becoming a burden on the
public exchequer.
vi) The Competent Authorities under the relevant disciplinary
law/rules shall confine themselves to taking disciplinary action
in accordance with the rules. They must not make
recommendations as to how the period of unauthorized
absence shall be treated, as the leave sanctioning authority
under the Leave Rules and the competent authority under
E&D Rules/Punjab Removal from Service (Special Powers)
Ordinance, 2000, are usually not the same.
vii) After the decision of authorities under E&D Rules/Punjab
Removal from Service (Special Powers) Ordinance, 2000 etc.,
absence period may be dealt with separately, in accordance
with the provisions of Revised Leave Rules, 1981.
viii) Relaxation of Revised Leave Rules, 1981 may only be granted
in extremely genuine hardship cases of absence beyond the
control of the employee.
ix) The period of absence from duty, if not regularized,
constitutes break in service, as provided under Rule 2.11 of
Pension Rules, 1967. This need not and should not be
specified in any orders, as such orders lead to unnecessary
litigation. This implication is automatic under Rules 2.11 of
the Pension Rules.
x) It has been observed that authorities generally tend to treat
cases of absence from duty lightly and give minor
punishments/penalties in cases where a person has remained
absent from duty for long periods of time. It is clarified that
absence from duty is a serious misconduct on the part of a
person. The competent authorities must, therefore, ensure that
penalties in such cases are commensurate with the gravity of
the charge, proved against the accused persons.
xi) The relevant authority must ensure that where a person
remains on leave including absence for more than 5 years, the
name of such person is removed from the seniority list and
placed on separate static list as provided under proviso to Rule
Punjab Estacode 2013
Page : 56
8(3) of Punjab Civil Servants (Appointment & Conditions of
Service) Rules, 1974 and also instructions bearing No. SORIII(
S&GAD)15-7/84 dated 14.07.1988.
3. This issues with the approval of the Chief Minister. All the Administrative
Departments/Authorities are requested to ensure strict application and compliance of
the above instructions.
NO.SORI(S&GAD)14-1/67
Dated the 24th March 1980
Subject: DISPOSAL OF ANONYMOUS/PSEUDONYMOUS
COMMUNICATIONS RECEIVED IN VARIOUS GOVERNMENTS
OFFICES FROM MEMBERS OF THE PUBLIC
I am directed to invite your kind attention to the subject cited above and the
former West Pakistan Government Circular letter No. S(R) 12-16/58- SOXIII dated
16.02.1960 and subsequent circular letter No. SORI(S&GAD) -14-1/67(XIII) dated
04.04.1970 on the same subject and to state that the question of disposal of
anonymous/pseudonymous communications received from various quarters
regarding the conduct and personal life of the public functionaries, has been
engaging the attention of the Provincial Government for quite some time.
2. It is a long and standing practice that anonymous/ pseudonymous
communications should be destroyed without any action being taken on them. The
position has been laid down in paragraph 84 of the Posts and Telegraph Manual
Vol.II, which is reproduced below:
“Anonymous communications must invariably be destroyed by their
recipients. No action of any kind is to be taken on them and no notice
of any kind is to be taken on their contents. If a communication is
found to be pseudonymous, it (and any previous notes, etc. connected
with it) must similarly be destroyed. There is no exception to this
rule” .
3. In view of the fact that the public servants feel extremely demoralized and
insecure on account of direct or indirect action which is initiated on receipt of
anonymous/pseudonymous complaints against them by the Competent Authority, the
matter has been reconsidered and it has been decided with the approval of
M.L.A./Governor that the practice of taking action on such complaints, should be
stopped forthwith by all Competent Authorities, who receive such petitions. It has
also been observed that even if certain Authorities decide not to take action on such
complaints but allow such complaints to come on record or on the personal file of
the officer concerned, at one time or the other the file of such complaints definitely
create a negative impression on the successor officers.
4. I am, therefore, directed to state that the M.L.A/ Governor has been pleased
to direct that in no case, any notice of such complaints, either
anonymous/pseudonymous should be taken by any Competent Authority and
without any examination or without any remarks, such complaints should be
E&D Rules, 1975
Page : 57
destroyed straightway and no record of these complaints should be kept in any
office.
5. I am further directed to state that these instructions are being issued to you
for strict compliance in future.
NO.SORI(S&GAD)1-81/2002
Dated the 27th September 2002
Subject: DISPOSAL OF COMPLAINTS/ALLEGATIONS RECEIVED IN THE
GOVERNMENT DEPARTMENTS/OFFICES AGAINST PUBLIC
SERVANTS
I am directed to refer to the subject noted above and to state that it has been
brought to the notice of this Department that in most of the complaint cases, the
complaints/petitioners do not bother to join the enquiry proceedings or during the
process of proceeding they come up with the statement that the complaint was
lodged through misunderstanding and the same is withdrawn. Sometimes the
complaints try to bribe the Government officials to achieve their nefarious designs
and in case of failure they become complainants. Such undesirable activities create a
very unhappy and embarrassing situation for the Government functionaries besides
wastage of their time. This state of affairs warrants to take punitive action against
such false complainants in the public interest as well as for the safety/protection of
honest Government functionaries against baseless allegations.
2. In this connection, attention is invited to the instructions issued on the subject
vide this department circular letter No. SORI(S&GAD) 14-1/67 dated 24.03.1980
and No. PA/AS(I&C) 127/80 dated 09.07.1980 which provide guidelines for
disposal of such complaints. These instructions are reiterated below for information
and strict compliance:
a) Complaints received through anonymous or
pseudonymous sources should be ignored;
b) Antecedents and credentials of a complainant should
be verified before an inquiry is instituted against the
official concerned;
c) No applications containing allegations should be
entertained unless the complainant owns the contents
of his application and it is accompanied by an affidavit
that all the facts stated therein are true, and if his
affidavit is proved false, legal action should be taken
against him, and
d) The newspapers publishing allegations, which are
proved to be baseless, should be dealt with according
to the law.
Punjab Estacode 2013
Page : 58
No. SORI (S&GAD)1-56/90
Dated the 7th October 1990
Subject: APPOINTMENT OF ENQUIRY OFFICER UNDER RULE 6(5) OF THE
PUNJAB CIVIL SERVANTS (E & D) RULES, 1975
I am directed to refer to the subject noted above and to say that under Rule
6(5) of the Punjab Civil Servants (E&D) Rules, 1975, the Authorized officer is
empowered to appoint an Enquiry Officer or Enquiry Committee as the case may be.
A question has arisen whether the Enquiry Officer can be appointed from outside the
Department. Instances have come to the notice of this Department that Enquiry
Officer is appointed by the Authorized Officer from outside the chain of his
command. Besides being inadvisable such order is administratively impracticable
because, if the Authorized officer does not have any administrative control over the
officer proposed to be appointed as Enquiry Officer, nor has the latter’s controlling
authority been consulted for concurrence, he can rightly refuse to act as such. The
argument that since the rules do not place any embargo against such arrangement,
the Authorized Officer can appoint any person as Enquiry Officer is fallacious. Its
acceptance would tantamount to investing the Authorized Officer with
administrative control over all officers of the Punjab Government senior in rank to
the accused.
2. Moreover, rationale of the general condition of rule 6(5) of the Punjab Civil
Servants (E&D) Rules, 1975 that the Enquiry Officer should be senior in rank to the
accused is that the former should be able to understand and appreciate the
circumstances in which the accused committed the alleged irregularity and the nature
of irregularity itself. It is clarified that except with the approval of Chief Minister or
Chief Secretary, the Authorized Officer in a case under the Punjab Civil Servants
(E&D) Rules, 1975 shall, if necessary, appoint as Enquiry officer a person who is
under his own administrative control.
No.SOR.I (S&GAD)1-7/86
Dated the 6th June 1993
Subject: PUNJAB CIVIL SERVANTS (EFFICIENCY AND DISCIPLINE) RULES
1975 – INSTRUCTIONS THEREOF
I am directed to refer to the subject noted above and to state that according to
Rule 6 (3) of Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 where
keeping in view the facts and circumstances of a case the “Authorized Officer”
decides that it is not necessary to have a full fledged inquiry conducted, he may
adopt summary procedure as envisaged in the rule ibid by informing the accused of
the proposed action to be taken in regard to him and the grounds of the action. In
such cases no formal charge sheet and statement of allegations is necessary but
instead a show cause is served straightway on the accused. However, it has been
observed that the show cause is vague and does not contain all the necessary details
of the allegations which deprive the accused of reasonable opportunity to defend
himself.
2. It has been decided that even in cases where the authorized officer does not
have a formal enquiry conducted but to adopt a summary procedure under Rule 6 (3)
E&D Rules, 1975
Page : 59
of the rules ibid he should ensure that show cause should contain all the necessary
details of the allegations/charges.
3. These instructions may kindly be brought to the notice of all concerned for
compliance.
No.SOR.I (S&GAD)1-7/86
Dated the 6th June 1993
Subject: PUNJAB CIVIL SERVANTS (EFFICIENCY & DISCIPLINE) RULES,
1975 – INSTRUCTIONS THEREOF
I am directed to refer to the subject noted above and to state that according to
Rule 7(5) of Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, if during
pendency of enquiry proceedings the accused applies for leave on medical grounds
the present provisions are not very clear as to who will refer his case to the Medical
Board for further medical examination. It has now been decided that the Enquiry
Officer/Chairman Enquiry Committee, as the case may be, shall refer such cases to
Medical Board.
2. These instructions may kindly be brought to the notice of all concerned for
compliance.
No.SOR.I (S&GAD)1-7/86
Dated the 6th June 1993
Subject: PUNJAB CIVIL SERVANTS (EFFICIENCY AND DISCIPLINE)
RULES, 1975 MEASURES FOR PREVENTING DELAY IN
DEPARTMENTAL INQUIRIES
I am directed to refer to the subject noted above and to state that in order to
remove the causes of delay and bottlenecks impeding progress of disciplinary
proceedings at different stages under Punjab Civil Servants (Efficiency and
Discipline) Rules, 1975, it has been decided that:
a) At the time of appointment of Enquiry Officer a departmental
representative, well conversant with the case, should also be
nominated by the Administrative Department.
b) A list of witnesses who have to prove prosecution version be
provided to the authority at the time of initiation of enquiry.
c) Draft charge sheet and statement of allegations be prepared
before the authority passes the orders for initiation of enquiry.
2. It is requested that these instructions may be followed in letter and spirit.
Punjab Estacode 2013
Page : 60
No.SOR.I (S&GAD)1-3/90
Dated the 20th July 1991
Subject: CONDUCTING OF SIMULTANEOUS INQUIRIES
I am directed to refer to the subject noted above and to state that the
instructions issued vide this department’s letter No. SOR.I (S&GAD)-1-3/.90 dated
26.06.1990 are hereby withdrawn.
2. It is now clarified in consultation with the Law and Parliamentary Affairs
Department that there is no bar for taking proceedings under the E&D Rules against
Government servant who is also facing trial in the Court of Special Judge, Anti-
Corruption. This is for the reason that the jurisdiction of the Inquiry Officer and that
of the Anti-Corruption Judge is mutually exclusive and that result of the findings in
the disciplinary proceedings and in the criminal case could be different.
No.SORI (S&GAD)1-9/98
Dated the 9th June 1998
Subject: PROCEDURE TO BE OBSERVED BY THE ENQUIRY
OFFICER/ENQUIRY COMMITTEE
I am directed to refer to Rule 7 of the Punjab Civil Servants (Efficiency &
Discipline) Rules, 1975 which lays down the procedure to be observed by the
Enquiry Officer/Enquiry Committee. Under this rules, where any witness is
produced by one party, the “other party” is entitled to cross-examine that witness. A
question has arisen as to who will be the “other party” to cross-examine the witness
produced by the accused. Usually, this function is performed by the departmental
representative who and whose role has, however, not been specifically defined in the
rules/instructions except the instructions contained in this Department’s letter No.
SORI(S&GAD)1-3/90 dated 20.07.1991. These instructions too, do not elaborately
defined the scope of functions which the said departmental representative is to
perform during the disciplinary proceedings. Since, under the above mentioned
provisions of the E&D Rules, right to cross-examine is provided to both the parties
i.e. the prosecution and the defence, it has been observed that defence side invariably
fully utilizes this opportunity, whereas the prosecution side, in the absence of a well
defined role of the Departmental Representative shall be responsible for the
following:
i) He shall act “Prosecutor” on behalf of the Department.
ii) On each and every date of hearing as may be fixed by the Inquiry
Officer or the Inquiry Committee, as the case may be, he shall be
personally present fully prepared and with all the relevant material on
which the case of the prosecution is based.
iii) He shall render all other possible assistance to the Inquiry
Officer/Committee during disciplinary proceedings against the
accused.
iv) He shall cross-examine the witnesses produced by the accused and
also the prosecution witnesses in the event of their turning hostile, if
so permitted by the Enquiry Officer/Committee.
E&D Rules, 1975
Page : 61
2. The above instructions may kindly be circulated to all concerned for
guidance/information.
No.SORI (S&GAD)1-63/97
Dated the 24th September 1997
Subject: DELAY IN FINALIZATION OF DEPARTMENTAL ENQUIRIES
UNDER PCS (EFFICIENCY & DISCIPLINE) RULES, 1975
I am directed to say that the delay in finalization of departmental enquiries
has remained a matter of concern for the Government. In view of the fact that any
delay in completion of proceedings adversely affects the working of the offices or
the departments to which the accused belongs. Government issued various
instructions suggesting steps to minimize the delay. Results are, however, not
encouraging.
2. The provisions of E&D Rules are clear in the matter of time limits for
various stages of proceedings and for completion of enquiries and the procedure to
be observed for conducting these. Any person not observing these time limits and
procedure renders himself liable to action for violation of rules. In order to facilitate
the disposal of enquiries, step-wise details of the procedure for the guidance of all
concerned officers under the E&D Rules was circulated vide this department’s letter
No. SORI(S&GAD)1-93/81 dated 07.08.1982. Model draft charge sheets and
notices to be issued were enclosed for facility of reference.
3. In a case recently submitted by a department seeking approval of the Chief
Minister to initiate proceedings under the E&D Rules, sufficient material was not
placed before the authority to determine whether or not a prima facie case was
established against the accused. The authorized officer, as per Rule 6 of the E&D
Rules, has to frame a charge sheet within a specified period and communicate it to
the accused. If sufficient material is not supplied, on which the charges are based,
the authorized officer will not be in a position to frame charge sheet against the
accused with accuracy, resultantly the purpose of E&D proceedings is frustrated.
4. It is, therefore, once again emphasized that the acts of omissions and
commissions on the part of the accused should be adequately brought out to facilitate
the authority and authorized officer in the decision making and the framing of the
charge sheets, etc. within the stipulated period.
No.SORIII/1-1/84 (Policy)
Dated the 27th December 1997
Subject: ARRANGEMENTS FOR MONITORING/REVIEWING DELAYED
ENQUIRY/DISCIPLINARY CASES UNDER (E&D) RULES, 1975
I am directed to refer to this Department’ s letter bearing No. O&M-VIII-
1-1/84 (Policy) dated 30.03.1995 and to state that the Chief Minister has taken very
serious view of the inordinate delays in the finalization of enquiry cases under E&D
Rules, on the part of Authority, Authorized Officers/Enquiry Officers. He has
desired to ensure that the enquiries against the Civil Servants, under E&D Rules,
1974 are finalized within the stipulated time.
Punjab Estacode 2013
Page : 62
2. The Chief Minister, Punjab has further been pleased to direct that:
i) All the officers designated as Authority, Authorized Officer and
Enquiry Officer may be impressed upon not to treat this aspect of
their duty in a routine manner.
ii) A large number of enquiry proceedings get delayed or fail to produce
timely results because of procedural and technical lacunae left in them
by the dealing officers. While an element of deliberate mischief
cannot be ruled out at the lower level, there is also an urgent need to
train senior officers working in various departments with the
mandatory provisions of the E&D Rules and to make them fully
responsible for ensuring that these provisions are strictly adhered to
so that the procedural lapses do not subsequently become an excuse
for delaying the enquiry proceedings.
iii) All officers may also be required to submit a monthly statement of the
enquiry proceedings pending with them to their immediate superiors
who should hold a monthly monitoring session and expedite the
proceedings.
3. It is, therefore, requested to kindly ensure that the above instructions are
complied with in letter and spirit.
Govt. of the Punjab
Dated the 27th December 1997
NOTIFICATION
No. O&M-III/1-1/84 (Policy). The Chief Minister, Punjab, has been pleased to
establish a Monitoring cell in the Services & General Administration Department to
monitor the progress of the enquiries under E&D Rules against officers in BS-17
and above, comprising the following:
1. D.G. (O&M)/Secretary (Regulation), Chairman
Govt. of the Punjab S&GAD
2. Addl. Secretary (O&M) Member
Govt. of the Punjab S&GAD
3. Addl. Secretary (I&C), Member
Govt. of the Punjab, S&GAD
4. Deputy Secretary (O&M-III) Member/
Govt. of the Punjab, S&GAD Secretary
Govt. of the Punjab
Dated the 27th December 2001
NOTIFICATION
No. DS (M&E) 1-1-84. The Governor of the Punjab has been pleased to constitute
District Monitoring Cells in the District Governments to monitor the progress of the
E&D Rules, 1975
Page : 63
enquiries of the officers/officials of the departments working in the districts
comprising the following:
i) District CoordinationOfficer Chairman
ii) Executive District Officer (CD) Member
iii) District Officer (Coordination) Member
No.SORI(S&GAD)1-32/98
Dated the 19th June 1998
Subject: PUNJAB CIVIL SERVANTS (E&D) RULES, 1975 – EXTENSION IN
THE SUSPENSION PERIOD
I am directed to state that instances have come to the notice of the
Government in which orders for extending period of suspension of accused civil
servants were not issued in time, due to which the accused involved in serious
irregularities were reinstated merely on technical grounds. The Government has
taken a serious view of this lapse on the part of the concerned officers.
2. It has, therefore, been decided that in future the Administrative
Departments shall ensure that the necessary orders for extending the period of
suspension, if required, shall be obtained from the competent authority before expiry
of the suspension period and issued expeditiously.
3. You are, accordingly requested to please bring the above instructions to the
notice of all concerned for strict compliance.
No.SORI(S&GAD)1-12/98
Dated the 10th March 1998
Subject: APPOINTMENT OF AUTHORIZED OFFICER AND ENQUIRY
OFFICER UNDER PUNJAB CIVIL SERVANTS (EFFICIENCY &
DISCIPLINE) RULES, 1975
I am directed to invite attention to the subject noted above and to state that
under Punjab Civil Servants (Efficiency & Discipline) Rules, 1975, an “authorized
officer” is appointed by the Government and where it has not been designated by the
Government, it is designated by the Authority so designated by the Government for
the purposes of E&D Rules. The “enquiry officer” is appointed by the “authorized
officer” . The enquiry officer conducts enquiry proceedings and at times is required
to seek guidance/instructions from the authorized officer. On completion of enquiry
proceedings the report is submitted to authorized officer. Powers vest with
authorized officer to award minor penalty/penalties or to recommend for major
penalty to Authority. The authorized officer directs the enquiry officer to finalize the
enquiry expeditiously if it is delayed. The spirit of the rules ibid implies that the
authorized officer should be senior in rank to that of the enquiry officer.
Punjab Estacode 2013
Page : 64
2. Instances have come to notice where officers senior in ran/status are
appointed as enquiry officers under the authorized officers who are junior in rank.
Under the rules ibid, the rank is determined by substantive rank and status. The mere
posting and pay scales, therefore, have no relevance to this effect.
3. Appointment of an officer of senior rank as enquiry officer under an
authorized officer of junior rank, is, therefore, against the spirit of the rules ibid.
Resultantly legal complications can arise. It is, therefore, required that while
designating authorized officers and appointing enquiry officers, the importance of
the rules ibid should be kept in view. Officers senior in rank should not be made to
act as enquiry officers under the junior authorized officers, whatever the
circumstances may be.
4. Services of the Members (Enquiries), S&GAD are only made available to
the Administrative Secretaries on demand for appointment as enquiry officers under
the above said rules, where the Secretaries themselves are authorized officers.
Members (Enquiries) are normally equal in rank/status to Secretaries to Government
of the Punjab. Therefore, they should not be made to act as enquiry officers under
the authorized officers of lower ranks/positions.
5. These instructions may kindly be strictly followed in letter & spirit and
brought to the notice of all concerned under your administrative control. This issue
with the approval of the competent authority.
No.SORI(S&GAD)1-63/97
Dated the 20th March 1998
Subject: DELAY IN FINALIZATION OF DEPARTMENTAL ENQUIRIES
UNDER PUNJAB CIVIL SERVANTS (EFFICIENCY &
DISCIPLINE) RULES, 1975
I am directed to invite reference to this Department’s instructions of even
number dated 24th September, 1997 on the subject noted above, wherein it was
pointed out, inter alia, that sufficient material is not placed before the Authority
enabling him to determine whether or not a prima facie case is made out against the
accused for initiating proceedings against him under the Punjab Civil Servants
(E&D) Rules, 1975.
2. According to Rule 6 of the rules ibid, the Authorized Officer has to frame a
charge sheet and communicate it to the accused. In many such cases which are sent
to the Authority for permission to start E&D proceedings, on scrutiny, are found to
be defective/inadequate. The Authorized Officer is also unable to frame charge sheet
on the basis of such defective information.
3. In order to obviate this difficulty, it has been decided that the Department
should first call for the explanation of the accused and if it is found un-satisfactory,
then further proceedings under E&D Rules should be initiated.
4. You are, therefore, requested kindly to bring the contents of these
instructions to the notice of all concerned for compliance.
E&D Rules, 1975
Page : 65
No.SORI(S&GAD)1-63/97
Dated the 13th May 1999
Subject: DELAY IN FINALIZATION OF DEPARTMENTAL ENQUIRIES
UNDER PCS (E&D) RULES, 1975 – EXTENSION IN SUSPENSION
PERIOD
I am directed to invite attention to the provisions of rule 6(1) of the Punjab
Civil Servants (E&D) Rules, 1975 whereby a civil servant is accused of subversion,
corruption or misconduct may be placed under suspension by the authorized officer
for a period of three months, with the approval of the authority. Rule 7-C(2) of the
rules ibid prescribes a time frame of 90 days for the completion of E&D proceedings
and if this time limit is adhered to, there is hardly any need to seek extension of the
suspension period from the authority.
2. It has been noticed with concern that the time limits prescribed by the
Punjab Civil Servants (E&D) Rules, 1975 for the finalization of the E&D
proceedings are seldom kept in view. Even the mandatory provisions of seeking
prior approval of the authority for extension of the suspension period is also taken
lightly and then a request is placed with the authority for granting ex-post facto
sanction to the extension of the suspension period. Superior Courts have repeatedly
observed against grant of ex-post facto sanction of extension in suspension period.
Administrative Departments have, number of times, been advised to devise an
effective mechanism for monitoring pending disciplinary proceedings and ensuring
process for interim orders, wherever required.
3. I am further directed to request that the suspension of an accused should be
extended before the expiry of the three months term of suspension by the authority.
For this purpose the Authorized Officer should move the authority well in time to
extend the suspension period. If the Authorized Officer somehow fails to move the
authority for the purpose, the Administrative Department should immediately remind
the Authorized Officer to intimate the progress made in the departmental
proceedings and also initiate a reference for extension of the suspension period of
the accused Civil Servant well in time.
4. You are requested to kindly bring the above instructions to the notice of all
concerned for strict compliance.
NOTIFICATION
Dated the 15th June 1999
No.SORI(S&GAD)1-60/99. The Chief Minister Punjab, is pleased to constitute the
following Task Force for ensuring finalization of enquiries within the prescribed
time limits:
1. Mr. Asif Ali Malik, MPA Convener
2. Mr. Zahoor-ul-Haq Shaikh, Member
Secretary, Planning & Development
Board, Punjab.
3. Secretary (Imp. & Coord.) Member
Punjab Estacode 2013
Page : 66
Government of the Punjab, S&GAD.
4. Secretary (Regulations), Member/
Government of the Punjab, S&GAD. Secretary
The role and responsibilities of the Task Force shall be as follows:
i) Guiding, monitoring and judging the progress of enquiries.
ii) Ensuring the finalization of enquiries within the stipulated time limits.
iii) Accounting for the reasons of delay to be recorded in writing by the
enquiry officers/enquiry committees and the authorities, as the case
may be.
iv) Counseling and guiding the relevant authorities and others concerned
to facilitate the process at every stage.
2. For the accomplishment of its assignments, the Task Force may hold
periodical review meetings at divisional headquarters depending upon the number of
reported pending cases. The relevant authorities and enquiry officers/enquiry
committees stationed at divisional headquarters related with the pending enquiries in
the divisions shall fully cooperate with the Task Force. The monitoring Cell of the
S&GAD (O&M Wing) shall act as secretariat of the Task Force.
No.SORI(S&GAD)1-61/98 (Pt.I)
Dated the 20th August 1999
Subject: EXPEDITIOUS DISPOSAL OF DISCIPLINARY CASES UNDER THE
PUNJAB CIVIL SERVANTS (E&D) RULES
In continuation of the instructions issued regarding the subject noted above
from time to time, I am directed to say that the Chief Minister, Punjab has been
pleased to establish a 4-tier system, as under, for monitoring the progress and
ensuring finalization of disciplinary cases/enquiries under the E&D Rules within the
given timeframe:
i) Cases against the civil servants in BS-1 to 16 will be monitored by
the Divisional Commissioners in accordance with the directions
already given in para 2 of the S&GAD (O&M Wing) notification No.
O&M-III/1-1/84 (Policy) dated 27th December 1997.
ii) Cases of employees up to BS-17 of a department (except those
belonging to the S&GAD) will be monitored by the Administrative
Departments concerned Monitoring Cells in the departments under
the Administrative Secretaries or at least the Additional Secretaries
dealing with administration will be established.
iii) Cases in BS-18 and above of all departments will be monitored by the
Monitoring Cell already established in the S&GAD vide notification
No. O&M-III/1-1/84(Policy) dated 27th December 1997.
vi) A special Task Force has been constituted by the Chief Minister vide
notification No.SORI(S&GAD)1-60/99, dated 15.06.1999 under the
E&D Rules, 1975
Page : 67
chairmanship of Mr. Asif Ali Malik, MPA. The Task Force will
monitor overall performance at all monitoring levels and will perform
the role assigned to it under the notification referred to above, briefly
stated as under:
a) Guiding, monitoring and judging the progress of
enquiries.
b) Ensuring the finalization of enquiries within the
stipulated time limits.
c) Accounting for the reasons of delay to be recorded in
writing by the enquiry officers/enquiry committees and
the authorities, as the case may be.
d) Counseling and guiding the relevant authorities and
others concerned to facilitate the process at every stage.
For the accomplishment of its assignments, the
Task Force may hold periodical review
meetings at divisional headquarters depending
upon the number of reported pending cases.
The relevant authorities and enquiry
officers/enquiry committees stationed at
divisional headquarters related with the
pending enquiries in the divisions (in respect of
employees of all scales) shall fully cooperate
with the Task Force. The Monitoring Cell of
the S&GAD (O&M Wing) shall act as
Secretariat of the Task Force.
2. The Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 have
been repealed and new rules of 1999 have been enforced w.e.f. 21.06.1999.The
cases initiated under the old rules should be brought to their logical ends and
finalized under the previous rules by the authorities, authorized officers/enquiry
officers/Committees and other functionaries concerned. All the Administrative
Departments are requested to ensure finalization of pending cases under the previous
rules expeditiously.
3. In order to familiarize the authorities/enquiry officers/Committees and all
other functionaries concerned with the new rules, a guidebook is being prepared and
will be issued by the Regulation Wing, S&GAD and supplied to all Administrative
Departments in the near future for further distribution.
4. The Monitoring Cell of the S&GAD and the Task Force will seek
periodical reports from the Administrative Departments and others concerned in the
enclosed proforma. It is, accordingly, requested that the requisite information till the
period ending 31.07.1999 may kindly be furnished to the S&GAD in the enclosed
proforma in respect of all the pending cases in all scales/ranks by the Administrative
Departments within a fortnight positively. The process of monitoring by the
Monitoring Cell and the Special Task Force will start in the month of September
1999.
Punjab Estacode 2013
Page : 68
NO.SOR-I(S&GAD)1-61/98 (Provl)
Dated the 7th March 2000
Subject: ENFORCEMENT OF PENALTY OF REDUCTION TO A LOWER POST
IN THE CASE OF DIRECTLY RECRUITED CIVIL SERVANTS
I am directed to refer to the subject noted above and to state a question has
arisen as to whether the penalty of ‘reduction to a lower post’ under E&D Rules
could be imposed on a civil servant who has been appointed by initial recruitment to
that post or not.
2. It is clarified, in consultation with the Law and P.A. Department, that the
Punjab Civil Service Tribunal, in a case titled ‘Malik Muhammad Shafi and 3 others
Vs Government of the Punjab and others’ reported in 1985 PLC (CS) 548 has held
that a penalty of reduction to a lower post cannot be imposed on the accused civil
servant who has been appointed to the post occupied by him at the time of
imposition of penalty, by initial recruitment. Such a penalty could, however, be
imposed on the accused civil servant who is holding a higher post by promotion.
3. I am further directed to request you that the contents of this letter may be
brought to the notice of all concerned for compliance.
E&D Rules, 1975
Page : 69
PROFORMA CALLING FOR INFORMATION IN RESPECT OF
ENQUIRY CASES UNDER E&D RULES
Sr.
No.
Name,
designation
and rank of
the accused
civil
servant
Date of
Authority’s
direction for
initiating of
action and
appointment
of
Authorized
Officer
Date of
appointment
of
enquiry
officer/
committee
Date of
service
of
charge
sheet on
the
accused
Date of
submitssion
of
enquiry
report or
disposal of
case by the
EO/
Enquiry
Committee
Date of
decision/
recommend
-ation by
authorized
officer or
disposal of
case at his
level.
Date of
Authority’s
decision
Result
of
appeal
etc.
Reasons
for delay
at
various
stages
1 2 3 4 5 6 7 8 9 10
Punjab Estacode 2013
Page : 70
INDEX
E&D Rules, 1975
Page : 71
A
ABSENCE
Disciplinary proceeding—unauthorized
absence 54
Regularisation of the period of
overstay/ —- abroad 53
Reinstatement of Government
servants after un-authorised —-
from duty 52
Accused
Affording personal hearing to —-
before imposing major penalty 8
Definition of —- 1
If the —- absents himself from the
enquiry on medical grounds 7
If the —- fails to furnish his
explanation 6
In a case where a civil servant is —- of
subversion, corruption or misconduct5
On receipt of explanation of the —-, the
authorised officer shall determine
whether charge has been proved 5
Where the inquiry officer is satisfied
that the —- is hampering the
progress of inquiry 7
adjournment
Inquiry officer shall hear the case from
day to day and no —- shall be given
except for reasons to be recorded 7
agitational and subversive activities
Where the govt. or authority is
satisfied that one or more civil
servants have taken part in —- 9
ANONYMOUS
Disposal of —-/pseudonymous
communications received in various
government offices from mebers of the
public 56
appeal
Determination of —- 11
No second —- except in certain cases
12
Petition of —- 11
Review and not —- in certain cases 12
Appeal
—- against Penalty 11
Appearance
—- of Counsel 7
appellate authority
Where Governor or Chief Minister is
the —- 11
Where the —- proposes to enhance
the penalty 11
apply to
E&D Rules, 1974 shall —- 1
APPOINTMENT
—- of enquiry officer under Rule 6 (5)
of the Punjab Civil Servants (E&D)
Rules, 1975 58
authorised officer
Where authority or —- would
personally be interested in the
result of proceedings 2
authority
—- in its discretion shall act as
authorised officer 2
Authorities empowered to award
major punishment to act as the 2
Continuation of suspension or grant of
any extension in leave shall require
the prior approval of —- 5
Definition of —- 1
If it is proposed to impose a major
penalty the authorised officer shall
forward the case to the —- 6
On receipt of direction from the —-
under rule5, the authorised officer
shall decided whether an inquiry is
necessary 5
The —- on receipt of report under subrule
(2) and (3) of rule 7-C shall pass
such order for expeditious finalization of
proceedings as it may deem fit. 8
Where a civil servant is accused of
subversion, corruption or
misconduct, hemay be placed under
suspension by the —- 5
Where the —- or the authorised
officer would personally be
interested in the result of
proceedings 2
authorized officer
Definition of —- 1
If it is proposed to impose a minor
penalty the —- shall pass order
accordingly 6
If the —- decided that it is not
necessary to have an inquiry
conducted against the accused 5
On receipt of direction from authority
under rule 5 the —- shall decide
Punjab Estacode 2013
Page : 72
whether in the light of the facts of
the case an inquiry is necessary 5
On receipt of explanation of accused
the —- shall determine whether the
charge has been prvoed 6
Where in the case of a civil servant no
—- has been so authorised or
designated the authority shall have
power to appoint —- 1
C
charge
On receipt of explanation of the
accused, the authorised officer shall
determine whether —- has been
proved 6
CHARGE-SHEET
Model —- 43
Chief Minister
Where Governor/ —- is appellate
authority 11
COMPLAINTS
Disposal of complaints—against public
servant 57
CONVICTED
Disciplinary action against civil
servants —- by military courts 22
Imposition of penalty on civil servants
—- in a court of law 18
corruption
Where a civil servant is accused of —-
or misconduct he may be placed
under suspension by the authority 5
Counsel
Appearance of —- 7
criminal case
Departmental inquiries should not be
delayed pending the decision of the
—- as at a later stage of the
evidence 21
D
de novo inquiry
Authority may order initiation of —- 8
debts
A Government servant committed to
prison either for —- or on criminal
charge should be considered as
under suspension from the date of
his arrest 26
Definitions
—- of accused 1
—- of authorised officer 1
—- of authority 1
—- of misconduct 1
—- of penalty 1
departmental action
Where the Anti-Corruption
Establishment recommends —-5
discharge
Removal or dismissal from service
does not include the —- of a civil
servant 4
DISCIPLINARY CASES
Expeditious finalization of —- 28
dismissal
Removal from service does not, but —
— from service does qualify for
future employment 4
Removal or —- from service does not
include the discharge of a civil
servant 4
disposal
Expeditious —- of proceedings 8
DRAFT ORDER
Model —- (to be issued by the
authorised officer) appointing an
enquiry officer or enquiry
committee 41
E
EMBEZZLEMENT
Fraud or —- or Government money 21
evidence
Departmental inquiry should not be
delayed pending the decision of
criminal case as at a later stage of
the —- might disappear 21
exonerating
An order imposing punishment or —-
the accused shall not be revised suo
moto 13
Expeditious
—- disposal of proceedings 8
EXPEDITIOUS
—- finalisation of disciplinary cases 28
explanation
If the accused fails to furnish his —- 6
H
hampering
Where the Inquiry Officer or the
Committee is satisfied that the
accused is —- or attempting to
hamper the progress of the inquiry 7
E&D Rules, 1975
Page : 73
I
Initiation
—- of proceedings 5
inquiry
Authorised offier shall decide whether
—- is necessary 5
In a case where the authorised officer
decides not to have an —-
conducted against the accused 8
Inquiry
Where the Inquiry Officer or the
committee is satisfied that the
accused is hampering or attempting
to hamper the progress of the —- 7
inquiry officer
Where inquiry proceedings are not
completed by the —- 8
Inquiry Officer
—- not to give any adjournment
except for easons to be recorded 7
—- shall complete the inquiry
proceedings within a period of 60
days 7
If the authorised officer considers that
an inquiry is necesary, he shall
appoint an —- 6
Powers of —- and Inquiry Committee
10
Procedure observed by the —- or
Inquiry Committee 6
The authorised officer, immediately
after communicating the charge to
the accused, shall forward such
record to the 6
J
jointly
Authority/Authorised Officer in case
two or more officers are proceeded
against —- 2
L
leave
Grant of any extension in —- shall
require approval of authority 5
Inquiry Officer may sanction —- on
medical ground in cases where the
accused absents himself from
inquiry 7
LPR
Grant of —- to Goernment servants
compulsorily retired from service
under E&D Rules, 1975 27
M
major penalty
Before imposing a —-, the authority
shall afford the accused an
opportunity of being heard in
person 8
major punishments
Exercise of powers of authorised
officer by authorities empowered to
award —- 2
Medical Board
If during pendency or enquiry
proceedings the accused applies for
leave on medical grounds, the
enquiry offier/chairman enquiry
ocmmittee shall refer such cases to
—- 59
The civil servant is to undergo a
medical examination by a —- as the
authority may direct 9
Medical Examination
Power to order —- as to mental or
bodily infirmity 9
medical grounds
If the accused absents himself from
inquiry on —- 7
medical leave
Inquiry officer may sanction —- 7
minor penalty
It is proposed to impose a —- 6
minor punishment
Exercise of powers of authorised
officer by authorities empowered to
award —- 2
misconduct
Definition of —- 2
Where a ivil servant is accused of
subversion, corruption or —- 5
MISCONDUCT
Withholding/withdrawal of pension or
any part of it, for grave —- during
service 50
MODEL
—- charge-sheet 43
—- draft order (to be issued by
authority) appointing the
authorised officer 41
—- draft order (to be issued by the
authorised offier) appointing an
Punjab Estacode 2013
Page : 74
inquiry officer or inquiry
committee 42
—- Show Cause Notice 45
draft of notice of personal hearing
under Rule 8 46
Monitoring
—cell in S&GAD 62
—cells in Districts Governments 62
MONITORING
Arrangements for —- the progress of
departmental enquiries 29
moral turpitude
Where a civil servant is cocnvicted of
an offence involving —- 8
O
officers lent to other governments
Procedure of inquiry against —-9
OVERSTAY
Regularisation of the period of —-
/absene abroad 53
P
Penalties
Major —- 3
penalty
Appellate authority to enhance the —-11
Grounds for —- 3
Penalty
Appeal against —- 11
Definition of —- 2
PENSION
Withholding/withdrawal of —- or any
part of it, for grave misconduct 50
Police Service
E&D Rules shall not apply to members of
subordinate —- up to the rank of
Inspector 16
prison
A Government servant committed to —
– either for debts or on crimnal
charges should be considered as
under suspension from the date of his
arrest 26
Prisons
Provisions of E&D rules shall not apply
to the subordinate officers of —- 16
Procedure 6
—- of inquiry against officer lent to
other govts. 9
—- to be observed by authorised
officer 5
—- to be observed by the Inquiry
Officer 6
PROCEDURE 34
—- for departmental proceedings
under E&D Rules 34
proceeding
No —- by way of revision shall be
entertained at instance of the
accused 13
proceedings
Initiation of —- 5
Inquiry officer shall complete the
inquiry —- within a period of 6p0
days 7
PSEUDONYMOUS
Disposal of anonymous/—-
pseudonymous communications
received in various govt. offices
from members of the public 56
punishment
An order imposing —- or exonerating
the accused shall not be revised suo
moto 13
Authorities empowered to award
minor —- 2
punishments
Authorities empowered to award
major —- 2
R
REINSTATEMENT
—- of Govt. servants after
unauthorised absence from duty 52
removal
—- or dismissal from service does not
include the discharge of a civil servant
4
Removal
—- from service does not but dismissal
from service does disqualify for future
employment 4
Repeal
—- or rules 14
RETIRED
Conducting of enquiries against —-
Govt. servants 52
Grant of LPR to Govt. servants
compulsorily —- 27
Review
—- and not appeal in certain cases 12
S
SUMMONING
E&D Rules, 1975
Page : 75
—- of witness in departmental
inquiries 22
—- of witnesses in departmental
inquiries 22
SUSPENSION 25
—- in case of police challans 25
—- in the case of departmental inquiry
24
—- of Govt. servants 24
Need for proper enforement of
existing provisions in law/rules in
case of officers under —- 25
Treatment of period under —- 27