E & D Rules-1973 --- By Malik Muhammad Aslam Awan

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E & D Rules, Applications and their penalties: steps, procedures to conduct fact findings/ inquiry. :

E & D Rules, Applications and their penalties: steps, procedures to conduct fact findings/ inquiry. BY MALIK MUHAMMAD ASLAM AWAN PRINCIPAL

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Appeal / Representation Powers of Inquiry Officer Key points Grounds for penalty Opinion Accused Penalties Authority Procedure by Inquiry Officer / Committee Inquiry Procedure Authorized Officer Aggrieved Opportunity Of personal hearing Misconduct Findings Recommendations Charge Sheet Show-Cause Civil Servants (E & D) Rules, 1973 Limitations Cross-examination

About the Government Servants (E & D)Rules, 1973:

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

Short title, commencement and application:-:

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

2. Definitions.-:

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

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

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“Misconduct” means conduct prejudicial to good order or service discipline or contrary to Government Servants (Conduct) Rules, 1964 @@ or unbecoming of an officer and, a gentleman and includes any act on the part of a Government servant to bring or attempt to bring political or other outside influence directly or indirectly to bear on the Government or any Government officer in respect of any matter relating to the appointment, promotion, transfer, punishment, retirement or other conditions of service of a Government servant; and “Penalty” means a punishment which may be imposed under these rules. @@ Sl.No. 1.

3. Grounds for penalty.-:

3. Grounds for penalty.- Where a Government servant, in the opinion of the authority – a) is inefficient or has ceased to be efficient; or b) is guilty of misconduct; or c) is corrupt, or may reasonably be considered corrupt because -

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he is, any of his dependents or any other person through him or on his behalf is, in possession (for which he cannot reasonably account) of financial resources or of property disproportionate to his known sources of income; or he has assumed a style of living beyond his ostensible means; or he has persistent reputation of being corrupt; or

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is engaged, or is reasonably suspected of being engaged, in subversive activities, or is reasonably suspected of being associated with others engaged in subversive activities or is guilty of disclosure of official secrets to any unauthorised person, and his retention in service is, therefore prejudicial to national security, the authority may impose on him one or more penalties.

4. Penalties:-:

4. Penalties:- (1) The following are the minor and major penalties, namely- Minor Penalties: censure; 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;

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stoppage, for a specific period, at an efficiency bar in the time-scale, otherwise than for unfitness to cross such bar; recovery from pay of the whole or any part of any pecuniary loss caused to Government by negligence or breach of orders;

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Major Penalties: reduction to a lower post or time-scale, or to a lower stage in a time-scale; compulsory retirement; removal from service; and dismissal from service.

5. Inquiry Procedure.-:

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

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If the authorised officer decides that it is not necessary to have an inquiry conducted through an Inquiry Officer or Inquiry Committee, he shall- by order in writing, inform the accused of the action proposed to be taken in regard to him and the grounds of the action; and give him a reasonable opportunity of showing cause against that action: Provided that no such opportunity shall be given where the authority is satisfied that in the interest of the security of Pakistan or any part there of it is not expedient to give such opportunity.

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

6. Procedure to be observed by the Inquiry Officer and Inquiry Committee.-:

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

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Require the accused within a reasonable time, which shall not be less than seven days or more than fourteen days from the day the charge has been communicated to him, to put in a written defence and to state at the same time whether he desires to be heard in person. The Inquiry Officer or the Committee, as the case may be, shall enquire into the charge and may examine such oral or documentary evidence in support of the charge or in defence of the accused as may be considered necessary and the accused shall be entitled to cross-examine the witnesses against him.

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The Inquiry Officer or the Committee, as the case may be, shall hear the case from day to day and no adjournment shall be given except for reasons to be recorded in writing. However, every adjournment, with reasons therefore shall be reported forthwith to the authorized officer. Normally no adjournment shall be for more than a week. 5) Where the Inquiry Officer or the Committee, as the case may be, is satisfied that the accused is hampering, or attempting to hamper, the progress of the enquiry he or it shall administer a warning,

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and if thereafter he or it is satisfied that the accused is acting in disregard of the warning, he or it shall record a finding to that effect and proceed to complete the enquiry in such manner as he or it thinks, best suited to do substantial justice. The Inquiry Officer or the Committee, as the case may be shall within ten days of the conclusion of the proceedings or such longer period as may be allowed by the authorized officer, submit his or its findings and the ground thereof to the authorized officer.

7. Powers of Inquiry Officer and Inquiry Committee.-:

7. 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:- summoning and enforcing the attendance of any person and examining him on oath;

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Requiring the discovery and production of documents; Receiving evidence on affidavits; Issuing commissions for the examination of witnesses or documents. (2) The proceedings under these rules shall be deemed to be judicial proceeding within the meaning of sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860).

9. **[Procedure of inquiry against government servants serving in Provincial Governments or working on deputation outside their department or service to which they belong.-:

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

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

10. Appeal.-:

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

@@[10-A. Appearance of Counsel.-:

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

What is the Show Cause:

Show-cause means legal alleging with justification When the charges are proved show-cause notice is given as an opportunity of defense The show cause notice is given to accused on the basis of plea bargaining as well informing the action proposed to be taken against him No opportunity of show-cause shall be given in the interest of security of Pakistan or in the case where the competent authority is so satisfied What is the Show Cause

Writing of Inquiry report by the Inquiry Officer or Inquiry Committee::

The Inquiry report may be written in the following manner: Brief Narration: The report should start with a brief narration of why and against whom the inquiry was initiated. Prosecution’s case: The narration will be followed by a brief description of the prosecution’s case with main points of evidence adduced in support of the charge. Writing of Inquiry report by the Inquiry Officer or Inquiry Committee:

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Defence Version : After the case of the prosecution is stated, the report will highlight the defence version together with the plea, if any, raised by the accused and the main points of evidence adduced on behalf of the defence. Grounds of Findings : Thereafter, grounds of findings will be discussed in a logical sequence, and material evidence and logical inference will constitute the basis of this discussion. To arrive at a conclusion it is necessary to discuss the evidence adduced by the parties and the reasons for the conclusion.

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Govt. Servant Authority Authorized Officer Govt. Servant BPS -21 and Above or Provincial Chief Secretaries Prime Minister Prime Minister BPS -21 and Above or Provincial Chief Secretaries BPS-17 TO 20 Prime Minister Secretary BPS-17 TO 20 BPS-16 Secretary Additional Secretary BPS-16 BPS-3 TO 15 Secretary Joint Secretary BPS-3 TO 15 BPS-1 AND 2 Deputy Secretary Section Officer BPS-1 AND 2

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Findings: Having drawn conclusion from the discussion, the findings should be given in clear and specific terms as to whether the charge stands established or otherwise. Recommendations: The Removal from Service (Special Powers) Ordinance, 2000 as amended, from time to time, authorizes the Inquiry Officer or the Inquiry Committee, as the case may be, to give findings as well as recommendation regarding penalties to be awarded.

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Before issuing orders of penalty the Competent Authority shall give accused an opportunity to showing cause within seven days or extended period. Provided that such opportunity shall not be given where the Competent Authority is satisfied that in the interest of security of Pakistan or any part thereof it is not expedient to give such opportunity or where the accused is sentenced to imprisonment or fine by court of law In the charge of corruption or moral turpitude, or where the competent authority is satisfied for reasons to record in writing that it is not reasonably practicable to give the accused an opportunity of showing cause.

PREPARATION OF REPORT:

PREPARATION OF REPORT 1. GENERAL 2. PROCEEDINGS 3. FINDINGS 4. OPINION 5. RECOMMENDATIONS

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CHARACTER BUILDING Thanks! “Wishing you all best of the luck”

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