GOVERNMENT
OF SINDH
SERVICES AND GENERAL ADMINISTRATION
DEPARTMENT
Karachi, the 8th September 1973.
NOTIFICATION
No. SOVII
(S&GAD)-1/123/73.---- In exercise
of the powers conferred by section 25 of
the Sindh Civil Servants Ordinance
1973 (Sindh Ordinance
X of 1973) the Government of Sindh are pleased to make the following rules namely :---
THE SINDH CIVIL SERVANTS (EFFICIENCY
AND DISCIPLINE) RULES, 1973
1. Short title, commencement and application. ----(1) These rules
may be called the
Sindh
Civil Servants (Efficiency and Discipline) Rules, 1973.
(2) They shall come into force at once and shall apply to all civil servants wherever
they may be:
[Provided that the civil servants of
such category or 'Basic Scale of Pay
specified by the Chief Minister shall be excluded from purview of these rules.]
2. Definitions.
---- In these rules, unless the context otherwise requires:
(1) "Accused,”
means a civil servant against whom action is taken under these rules;
[(2)
‘Authority’ means the Chief Minister or any officer
or authority designated by him to exercise the powers of the authority
under these rules;]
(3) "Authorised officer" means [the Chief Secretary or] an officer
authorised by the authority to perform functions of an authorised officer under
these rules;
These Rules were published
in the Sindh Government
Gazette, Part IV-A Extraordinary
Dated 10th September 1973, Pages 203 ---- 208.
2. Proviso inserted by Government
of Sindh Notification No. SOIX-REG
(S&GAD) 2E/2-5/1-75
Dated the 21st August 1975, see Sindh Government Gazette. 1975,
Part IV-A, pages 79 ---- 82.
For authority designated see p. 72.
3. Subs.
Ibid.
4. Inserted ibid.
5. For Officers authorised see p. No. 70.
6. Subs. Vide
notification no. SOIX - Reg (S&GAD) 2/B/1-73(Part-I) dated 8th January
1985.
(2)
(4) "Misconduct” means conduct
prejudicial to good
order of service
discipline or contrary to Sindh Government Servants (Conduct) Rules, 1966 or 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 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 civil servant; and
(5) "Penalty” means a penalty which may
be imposed under these rules.
3. Grounds for penalty. --- Where a civil servant, in the opinion of
the authority; (a) Is inefficient or has
ceased to be efficient; or
(b) Is guilty of misconduct; or
(c) Is corrupt, or may reasonably be considered corrupt because---
(i) He is, or any of his dependents or any other person through him or on his behalf
is, in possession (for which he cannot reasonably account)
of pecuniary resources or of
property disproportionate to his known sources of income; or
(ii) He has assumed a style of living beyond his ostensible means; or
(iii)
He has 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 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. ---- (1) the following are the minor and major penalties namely: - (a) Minor Penalties:
(i) Censure;
(ii) Withholding, for a specific
period, promotion or increment otherwise
than for unfitness for promotion or financial
advancement, in accordance
with the rules or orders pertaining to the service or post;
(iii) Stoppage,
for a specific period, at an efficiency bar in the time-scale, otherwise than for unfitness to
cross such bar;
(iv) Recovery
from pay of the whole or any part of any pecuniary loss caused to
Government by negligence or breach of orders;
(b) Major
Penalties:
(i) Reduction for a specific period* to a lower post or time-scale,
or to a lower stage in a time-scale;
(ii) Compulsory
retirement;
(iii)
Removal from service; and
(iv)
Dismissal from service.
(2) Removal from service does not, but dismissal from service does, disqualify for future
employment.
(3)
In this rule, removal or dismissal from service does not include the discharge of
a person ----
(a)
Appointed on probation, during the period of probation or in accordance
with the probation or training rules applicable to him; or
(b)
Appointed, otherwise than under a contract, to hold a temporary appoint- ment, on the expiration of the period of appointment; or
(c) Engaged under a contract, in accordance
with the terms of the contract.
**[(4)-A. (1) if
in the opinion
of the authorised
officer, there are
sufficient grounds for proceeding against the civil servant
under these rules, he shall take action in accordance with rule 5.
(2)
Notwithstanding anything contained in these rules the authority may in any case exercise all powers of authorised officer or
give any direction
to the authorised officer, as it may deem fit:
Provided that such directions
shall be given by the Chief Minister
alone if Chief Secretary
is the authorized officer.]
5. Inquiry
Procedure. ---- The following procedure
shall be observed
when a civil servant is proceeded against under these rules:
---
(1) In case
where a civil servant is accused of subversion, corruption or misconduct
the authorised officer may require
him to proceed on leave or, with the
approval of the authority, suspend him,
provided that any continuation of such leave or suspension shall require
approval of the authority after every three months.
* Inserted vide Notification No. SOIX-Reg (S&GAD) 2/B/1-73
Part-I dated 25th February
1980.
** Rule 4-A, Inserted vide Government of Sindh
Notification SOIX-REG (S&GAD) 2/E/1-5 dated 21-8-75
(2) The authorised officer shall decide whether
in the light of facts of the case or the interest of justice an inquiry should
be conducted through an Inquiry Officer or Inquiry Committee. If he so decides, the procedure indicated in rule 6
shall apply.
(3) If the authorised officer decides that it is
not necessary to have an inquiry conducted through an Inquiry Officer or
Inquiry Committee, he shall: --
(a) By order in writing, inform the accused of the action proposed to be
taken in regard to him and the
grounds of the action; and
(b) Give him
a reasonable opportunity of showing cause against that action: Provided
that no such opportunity shall be given where the authority is
satisfied that in the interest of the security of Pakistan or any part
thereof it is not
expedient
to give such opportunity.
(4) On
receipt of the report of the Inquiry Officer or Inquiry Committee or where no such
Officer
or Committee is appointed on receipt
of the explanation of the accused, if
any,
the authorised officer shall determine
whether the charge has been proved and ---
-
(a) If it is proposed to
impose a minor penalty, he shall
pass orders accordingly;
(b) If it is proposed
to impose a major penalty,
he shall forward
the case to the
authority alongwith the charge and statement
of allegations served on the accused, the explanation of the accused, the finding of the Inquiry Officer or Inquiry Committee,
if appointed, and his own recommendations regarding the penalty to
be imposed and the authority shall
pass such orders as it may deem
proper;
(*) Provided that the authorized Officer shall, subject to proviso to sub-rule (3), before
imposing minor penalty or recommending imposition
of a major penalty, as the case may be, by notice accompanied by a copy of the enquiry report, if any intimate the accused of the
aforesaid penalty and grounds therefor
and call upon him
to show cause within a fortnight of the
notice why the proposed penalty
should not be imposed or, as the case may be, recommended
and the reply, if any, to the said notice shall be taken into consideration
before imposing or recommending a penalty.
[(5) The orders passed by the Authority or the
authorized officer shall be communi-
cated to the accused within ten days of such orders.]
(6) If two or more
civil servants are proceeded against jointly, the authority or authorised
officer in respect of the senior most
civil servant amongst them shall be the authority or authorized
officer, as the case may be, in
respect of all such civil servants.
6. Procedure
to be observed by the Inquiry Officer and Inquiry Committee: ---
(1) Where an Inquiry
Officer or Inquiry
Committee is appointed, the authorised officer shall ----
(a) Frame a charge and communicate
it to the accused together
with the statement of all allegations explaining the charge
and of any other relevant
circumstances which are
proposed to be taken into consideration;
(b) Require the accused within a reasonable time, which shall not be less than seven days or more than fourteen days from the day 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.
(2) 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.
(3) 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 and where any adjournment is given ----
(a) It shall not be for more than a week; and
(b) The reasons therefor shall be reported
forthwith to the authorised officer.
(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 enquiry he or it shall administer a warning, and if thereafter he or it is satisfied that the
accused is acting in disregard
of the warning, he or it
shall record a finding to that effect and proceed to complete the inquiry
in such manner as he or it thinks best suited to do
substantial justice.
* Added
vide notification No.SOIX-REG (S&GAD) II/52-81
dated the 9th October
1984.
1. Sub rules (5) and (6) of rules 5 added vide S&GAD Notification No.SOIX-Reg (S&GAD) 2/E/1/75 dated
21st August 1975.
2. Sub rule (5) of rule 5 further substituted by S&GAD Notification No.SOIX-Reg. (S&GAD) 2/B/1-73 dated the 17th March 1976.
NOTE: The words:
along with a copy of the enquiry report" deleted from Sub-Rule 5 vide notification No. SOIX- Reg. (S&GAD) II/52-81 dated 9th October
1984.
(5) The Inquiry Officer
or the Committee, as the case may be, shall within ten days
of the conclusion of the proceeding or such longer period as may be allowed
by
the
authorised officer, submit his
or its findings
and the grounds
thereof to the authorised officer.
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: -
(a) Summoning
and enforcing the attendance of any person and examining him on oath;
(b)
Requiring the discovery and production of documents; (c) Receiving
evidence on affidavits;
(d) Issuing commissions for the examination of witnesses or documents.
(2) The proceeding under these rules shall be deemed
to be judicial proceeding within the meaning of sections 193 and 228 of the
Pakistan Penal Code (Act XLV of 1860).
8. Rule 5 not to apply in certain cases. --- Nothing
in rule 5 shall apply to a case: -
[(a) Where the accused has been convicted
by a court and sentenced
to imprisonment or fine on charge(s) involving moral turpitude, in which case the competent
authority shall on receipt of intimation
of the conviction, make an order dismissing or removing the accused from service or reducing him in rank as it deems fit; provided
that in case of conviction on charge(s) of corruption the accused shall be dismissed from service".
(b) Where
the authority competent to dismiss or remove
a person from Service or to reduce a
person in rank, is satisfied that for reasons to be recorded in writing by that
authority, it is not reasonably practicable to give the accused an opportunity
of show cause.
"8-A.Treating
leave or suspension as duty on re-instatement. ----
If a civil
servant
who
proceeds
on
leave
or
is suspended under sub-rule (1) of rule
5
is
exonerated of the charge or charges or no action
has been taken against him, he shall be reinstated in service and the period of leave or,
as the case may be, suspension shall
be treated as duty."
9. Procedure of inquiry against officers lent
to other Government or Authority: ---
(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 this rule
1. Subs.
vides Notification No.SOIX-Reg (S&GAD) 2/B/1-73 (Pt-I) dated 14th October 1978.
2. Inserted vide Notification No.SOIX-Reg (S&GAD) 2/B/1-73 dated 24th January 1977.
Referred to as the
borrowing authority, the borrowing authority shall have the powers of
the authority for the purpose of placing him under suspension or requiring him to proceed on leave
and of initiating proceeding against him under
these rules;
Provided that the borrowing authority shall forthwith inform the authority which
has lent his services,
hereinafter in this rule 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 Government before taking any action under these rules against a
member of Class I Service
or a holder of a Class I post.
(2) If, in the light of the findings
in the proceeding taken against the civil servant in terms of sub-rule (1), the borrowing
authority is of 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 contained in these rules, Government may, be an order
in writing, authorize the
borrowing authority or
any subordinate officer
to such authority
to exercise all or any of the powers of 'authorized officer' authority or appellate authority
in respect of civil servants
whose services have been lent to the borrowing authority".
10.
(1) A civil servant aggrieved by an order
of the authorised officer or authority may,
within thirty days from the
date of the order appeal to the appropriate authority
given in the Schedule:
Provided that where the penalty is imposed by
order of Chief Minister, there shall be no appeal but the civil servant may apply for review of the orders.
2[Explanation. --- For the purpose
of this sub-rule the period of thirty days shall be
reckoned with effect from the day following the day on which the order appealed
against is communicated to the Civil
Servant.]
(2) The appellate authority
shall, on receipt
of the appeal call for the record of the case from the authorized officer or the authority,
as the case may be and after perusal of such record
and if considered necessary hearing
the appellant and the representative of the authorized officer
or the authority, as the case may be make such order as it may deem
fit:
Provided that if the appellate
authority proposes to enhance
the penalty it shall give the appellant reasonable opportunity to show
cause against the enhancement of the penalty.
1. Subs.
for the original
rule 10 which read as under; -
"10. Appeal;
- A
person on whom penalty
is imposed shall have right of
appeal as may be prescribed by service rules applicable to him; -
Provided that, where
the penalty is imposed by order of the Government, there shall be no appeal
but the person concerned may
apply for review of the order".
By Government of Sindh Notification No.SOIX-REG (S&GAD) 2/E/1-75,
dated the 21st August 1975.
2. Explanation added below the proviso to sub-rule (1) of rule 10 vide S&GAD
Notification
NO.SOIX-REG (S&GAD) 2/B/1-73, dated the 17th March 1976.
* Added
vides Notification No.SOIX-REG (S&GAD) 2/D/8-78
dated the 5th December 1982.
10-A (1)
The
Chief Minister or any officer
or authority empowered by him may call for and examine the record of any proceeding
under these rules for the purpose of satisfying himself as to
the correctness, or
propriety of any
finding, penalty or
order in irregularity
of such proceedings.
(2) After
examining the record under sub-rule (1) the Chief
Minister or any officer or authority, empowered by him, as the
case may be,
May direct further inquiry
into
the
charges
from
which
the
civil
servant
has
been
exonerated, or may exercise any power
of appellate authority:
Provided that an order made under this rule, if prejudicial to the civil servant, shall not be passed unless he has been given
opportunity of showing cause:
Provided further that an order-imposing penalty shall not be revised after the period of six months
from the date of as communication to the civil servant if no
appeal is preferred.
(3) No proceeding under this rule shall be entertained at the instance
of the civil servant who has
not filed the appeal.]
2[10-B. Appearance
of
Council.
--- No
party shall be
represented by a
lawyer in any proceeding under these rules.]
11.
Repeal. --- The West Pakistan Government Servants (Efficiency & Discipline) Rules, 1960
in their application to the civil servants
are hereby repealed, but the repeal shall not effect any action taken
or anything done or suffered thereunder.
[12. Constitution of Anti-Corruption Council.
---- (1) There shall be an Anti Corruption Council hereinafter
referred to as the Council.
(2) The Council shall consist of the Chief Minister, and two or more Ministers nominated
by the Chief Minister.
(3) Such
Advisors as may be required by the Chief Minister from time to time by a
Notification
shall assist the Council.
(4) The Director, Anti-Corruption Establishment shall be the Secretary to the Council.
(5) The Council shall meet at least once in three months at each Divisional Headquarter and hold Open Kutchery for
receiving complaints against civil
servants.
13. Power of the Council.
---- (1) The Council may make an order on the spot that an enquiry be
made by an Investigation Team on any of the complaints of the nature mentioned
in rule 3 received in Open Kutchery under rule 12.
(2) The Council
may, constitute one or more Investigation Teams each consisting of officers of the BPS normally not below BPS 18, of whom one shall be Police Officer, one Engineer, one Officer of
Accounts and one Revenue Officer.
1. Notification No. SOIX-Reg (S&GAD) 2/B/1-73 dated 26the February
1981.
2. Rule
10-B added vide Notification No.SOIX-REG (S&GAD)-2/B/1-73 dated 31st
July 1975.
3. Rules
12, 13 & 14 added vide
Notification No. SOIX-Reg
(S&GAD) 2/B/1-73 dated 25th Feb.
1976.
(3)
An Investigation Team shall have all the powers of Inquiry Officer
or Inquiry Committee
under rule 7.
(4)
The Investigation
Team shall submit its report to the Council
within forty-eight hours of the
entrustment of the enquiry
to it.
(5)
On report submitted under
sub-rule (4) the Council may issue
or require the Authorised
Officer to issue a notice to the accused
civil servant calling upon him to show cause within such time as may be specified in the Notice
why one or more penalties mentioned in these rules should not be
imposed upon him.
(6)
The Council may, after receipt of the reply from the accused civil servant directly or through
the Authorised Officer pass an order imposing
one or more of the
penalties under these
rules on such civil servant.
(7) Any civil servant aggrieved
by an order of the Council may within
thirty days from the communication of the order prefer review petition to the Council
and the order passed by the Council on
such petition shall be final.
(8) In the event or dis-agreement between
the Chief Minister
and the majority of the members of the
Council on any matter under this rule, the order of the Chief
Minister in such matter shall prevail.
14. Overriding Provision.
---- The provisions contained
in rule 12 and 13 shall not affect the powers
of the Chief Minister under
other provisions of these rules.]
SCHEDULE
See Rule (10)
Serial
|
Authority making
the order
|
Authority competent
to hear appeals and
|
No.
|
Entertain representations.
|
1. Officers in [BPS]
16, 17, 18 and 19. The Officer
next above under whom the officer
making the order is
working.
2. Regional
Head.
Head
of the Attached Department
concerned and if there is no Head of the Attached
Department
then Secretary of the Department concerned.
3. Head of Attached Department. Secretary
of the Department
unless he is of a lower grade in which case Chief Secretary
through
the Secretary
of the Department.
4. Secretaries of the Department. Chief Secretary.
5. Chief Secretary
Chief Minister.
6. Chief Justice.
Chief Minister through Chief Secretary.
7.
Chief
Minister.
Chief
Minister for Review.]
1. Schedule to Rule 10 added vide S&GAD Notification No. S.O.IX-Reg. (S&GAD) 2/E/1-75
Dated 21st August 1975.
2. Notification No. SOIX-Reg (S&GAD) 2/B/1-73 dated 8th January
1985.PART - II
ADMINISTRATIVE INSTRUCTIONS
Subject: - ACTION AGAINST A CIVIL
SERVANT ON CONVICTION BY A COURT OF
LAW ON CHARGE (S) OF CURRUPTION.
Sir,
I am directed to refer to the subject
mentioned above and to state that it has been observed
that civil servant(s) involved in corruption matters
are in some cases retained in service which, it
will be
appreciated, is
highly undesirable and even
against the
express instructions of Government contained in Services & General Administration Department Memo
No.S.O.III (S&GAD)-5/21/75, dated the 29th January 1976 (Reproduced).
2. In order, therefore, to remove the anomaly an amendment in sub-rule (2) of rule 8 of the
Sindh Civil Servants
(Efficiency & Discipline) Rules,
1973 has been made
vide this Department's Notification No.SOIX-REG(S&GAD)2/B/1-73(Pt-I), dated the 14th October, 1978 by which it has been made
incumbent upon
the competent authority to
pass an order
of reversion, removal or dismissal from service, as the said authority thinks fit, depending
on the gravity of the charge(s), provided that in case of charge(s) of corruption the order of dismissal will have to be passed. Such orders shall be issued
immediately on receiving the intimation about conviction of the accused
official even if the sentence
of imprisonment till the rising of the court or of fine.
3. However,
if the conviction is ultimately set-aside
in appeal by the superior
court and the accused official applies for his re-instatement, he may
be re-instated in service because
when the basis of penalty (conviction) is taken away, the penalty cannot
be sustained.
4. These instructions should please be brought to the notice
of all concerned including the statutory corporations autonomous and
semi-autonomous bodies
under the administrative control of your Department for strict compliance
in future.
No.
SOIX-REG(S&GAD)2/8/1/73 (Pt-I)
dated 31 - 12- 1978.
MINIMUM PENALTY FOR CORRUPTION
I am directed to say that Federal Cabinet in its meeting held on 30th August 1975 has decided that minimum penalty for corruption should be dismissal which might be followed up by legal
action. These instructions may kindly be brought to the notice of all concerned for
strict compliance.
No.
SO III(S&GAD)-5-21/75, dated 29-1-1976.
Subject :- ADVERSE ORDERS UNDER
EFFICIENCY AND DISCIPLINE RULES ISSUANCE OF THE-----
I am directed to refer to the subject mentioned above and to state that a question has come
up for consideration whether an adverse order namely ---- dismissal / removal
/reversion etc. can be issued against a civil
servant
under the Efficiency and Discipline Rules,
with
retrospective or prospective effect.
The legal position as advised by Law Department is that an order of dismissal / removal /
reversion etc. under the Efficiency and Discipline Rules will take prospective effect and
not retrospective effect as no order adversely
affecting
a civil servant
can be passed
with retrospective effect.
In order to ensure strict compliance, the above legal position is brought to the
notice of all concerned for information and necessary action. It is also requested that while
submitting summaries to the Chief Secretary
/ Martial Law Administrator for orders
in disciplinary cases, the above position should always
be kept in view.
No.
SOIX-REG(S&GAD)XIII-24/79
Dated 22-8-79.
Subject :---SUSPENSION UNDER THE SIND CIVIL SERVANTS (EFFICIENCY AND DISCIPLINE) RULES, 1973 --- EXTENSION THEREOF BEYOND THREE MONTHS.
I am directed to invite your attention
to
the
rule
5(1)
of
the
Sindh
Civil
Servants
(Efficiency and Discipline) Rules, 1973 which provides that where a civil
servant is accused of subversion corruption or misconduct, the Authorised Officer
may require him to proceed on leave
or with the approval of the Authority suspend him : provided that any continuation of such leave or
suspension shall require the approval of the Authority after every three months.
2. It has been observed that mostly the Authorised Officers either do not obtain or obtain not
in time the orders of the Authority
for extension of the period of leave or suspension beyond 3 months. As
the provision is mandatory
it has got to be complied. Any
default in this regard can involve the Government in un-necessary litigation with all
attendant consequences.
3. It is therefore requested that in future strict
compliance of the rule referred to above may
please be ensured and atleast a fortnight before expiry of the three months period each time, the Authority may be moved for orders
regarding the extension.
No.SOIX-REG(S&GAD)2/E/4-76, Karachi
Dated 28-11-1979.
Subject :--- INSTRUCTION REGARDING ISSUE OF ORDERS
AWARDING VARIOUS PENALTIES UNDER THE
(EFFICIENCY AND DISCIPLINE) RULES.
In continuation of this Department circular letter of even No. dated the 12th January, 1978 on the Subject mentioned above I am directed to say that it has been observed that the orders
issued under the Efficiency and Discipline Rules, some times do not indicate
that they are issued
by the Competent Authority
and thereby create a
wrong impression that they are illegal
for want of jurisdiction.
2. In order to obviate the chances
of
mis-carriage
of
justice
and
to
avoid
any
legal
complications it is stressed
upon all concerned
to ensure that the orders made
by the "Authority", must
clearly indicate that they have the approval
or and have been issued by the said Authority.
No.SOIX-REG(S&GAD)2/B/3-75, Karachi
Dated 26-12-1979.
In pursuance
of the powers conferred by Rule
10-A(1) of the Sindh Civil Servants (Efficiency and Discipline) Rules,
1973, the Martial Law Administrator
has been pleased to empower the Chief
Secretary to Government Sindh, to call for and examine the record of any proceeding under these Rules for the purpose of satisfying himself as to the correctness, or propriety of any finding, penalty
or order in, irregularity of such
proceedings.
No.
SOIX-REG(S&GAD)2/B/1-73, dated 17-12-79.
Subject :--- IRREGULARITY COMMITTEE BY
AUTHORISED OFFICER UNDER THE (EFFICIENCY AND
DISCIPLINE) RULES.
I am directed to refer to the subject
noted above and to state that
the following irregularities are generally committed while taking disciplinary action against civil servants of Grade-17 and above under the Efficiency and and Discipline Rules :-
(i)
Under
rule 5(1) of the Sind Civil Servants (Efficiency and Discipline) Rules,
1973, it is the "authorised
officer" (designated as such under sub-rule(3) of rule 2 of the said
rules) who con obtain the approval of "authority" (designated as such
under sub-rule (2) of rule (2) of the said rules)
to the suspension of the Civil Servant. The Summaries
proposing the Suspend of the Civil Servant in grade 17-
20
are some times under the Signature of an officer other than authorised
officer.
(ii)
Rules 5(2) makes it incumbent upon the "authorised officer" to decide that in the light
of the facts of the case
or in the interest of justice an inquiry should be conducted through
an Inquiry Officer/Inquiry Committee or a "Show Cause Notice" should be served on the accused
official in terms of sub-rule 5(3) (a) (b).
It has been noticed that in some cases that either this decision has been taken
by a person other than "authorised officer" or the "authorised
officer" has not shown to have applied his independent judgement.
(iii) In case the
Authorised Officer has decided to serve a "Show
Cause Notice" to the accused official under rule
5(3), sometimes it is not served under his signatures. Similarly in a large number of cases it has been noticed that the
action proposed
to be taken against the accused and
grounds thereof are not incorporated in the show cause notice. Instead of that a general reference is invited to one
of the major penalties, which is not
correct.
(iv) In case the "authorised officer" decides
to hold an inquiry through
an Inquiry Officer/Inquiry Committee. Formal orders regarding the appointment of Inquiry Officer/Inquiry Committee have to be issued by the "authorised officer" and not by any other
officer.
(v) In terms of
rule 6, it is the "authorised
officer" who has to frame a
charge sheet together with a statement
of allegations
and then communicate these
to the accused official. It has
been observed in some of the cases that (a) charge sheet has been signed by an officer other than
"authorised
officer"
(b) the charge-sheet is not accompanied by the statement of allegations, elaborating the charge; (c)
the statement of allegations
has not been authenticated by the"authorised officer".
(vi) In terms of rule 6 (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 shall be reported forthwith
to the "authorised officer". No adjournment shall be for more than a week. Inspite of clear
provisions of the rules, it has been generally noticed that (a)
the inquiry proceedings are not conducted
by the Inquiry Officers day to day (b)
the reasons of adjournments if any, are not
regularly reported to the "authorised officer" (c) the period of adjournment go
beyond a week, these delays must be avoided,
particularly in cases where the
accused officer is under suspension.
(vii)Under rule 6
(1) the authorised officer
has to afford the opportunity of personal hearing to the accused officer
if such opportunity is claimed before
deciding to impose a minor penalty
or recommending
to the authority the imposition of major penalty in terms of rule 5. It has been
often observed that this opportunity
of personal hearing is confused
with the hearing given by the Inquiry Officer during the course of Inquiry
proceedings. This is not correct.
(viii)Under rule 5(4) on receipt of the report of the Inquiry Officer or an
Inquiry Commission or an receipt of the explanation
of the accused to the show cause notice, if any the authorised
officer has to determine whether the charges have 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 alongwith
the charge sheet,
statement of
allegations, the explanations of
the accused. The findings of the Inquiry Officer or Inquiry
Committee, if appointed and his own recommendation regarding the
penalty to be imposed. It has been
generally
found
that (a) the Inquiry Officer at times
besides giving his
findings on the charges also makes his recommendation
regarding the imposition of a major or minor penalty, (b) the authorised officer
does not make use of his independent
judgement (c) the recommendations of the authorised officer to
the authority are not accompanied by
all the document mentioned above.
2. The above irregularities are grave
in
nature
and
failure
to
fully
comply with the requirement of the provision of the Sindh Civil Servants
(Efficiency and Discipline) Rules, 1973 impairs and at times vitiate
the disciplinary proceedings and the orders imposing penalty on an accused with the result that most of these orders are
set aside by the appellant
authority or the Service Tribunal. This not only affects
the prestige of the Administrative Department but also involves unnecessary expenditure incurred
in
defending the
appeal of the
aggrieved Civil Servants before
the Service Tribunal and at times in
a court of law.
3. I am therefore directed to request
you to ensure that the Provision of the Sindh
Civil Servants (Efficiency and Discipline) Rules, 1973 are in-variably complied with by the officers
responsible for discharging their duties under the said rules as authority, authorised
officer or Inquiry Officer.
4. This
issue with the approval of Chief Secretary.
No. SOIX-REG(S&GAD)2/B/1-73(Pt-I) Dated 6-12-1980.
Subject
:- DELAY IN PROCESS OF DISCIPLINARY CASES.
In continuation of this Department circular
letter of even No. dated the 6th December,
1980, I am
directed to request that in order to ensure
speedy disposal of disciplinary cases and
minimize the hardship being caused to the affected officers the following instructions shall in addition to
the existing ones, be strictly followed by all concerned :---
(a) The Inquiry Officer
should
be
carefully selected or
his
competence and capability to hold the inquiry.
(b) A time-limit hold is prescribed for completion of the inquiry.
(c) Until the inquiry is completed, the Inquiry Officer, the accused
as
well
as
the
witnesses concerned should not be permitted to
proceed on leave, training course or transferred within or outside Pakistan.
(d)
A check-sheet, recording the day to day progress, should be maintained by the Inquiry
Officer.
(e) The inquiry proceedings once started should be held without
interruption, as far as
possible, on day to day basis.
(f) On receipt of the inquiry report the
case should be proceeded expeditiously by
the
"authority"
concerned.
(g) It should be impressed upon the Inquiry Officer that the quality
of work produced by him will
reflect
on his efficiency, which will be recorded in his A.C.R.
(h) The initiating officer
should
record
his
assessment of
the Inquiry Officer's
performance in the A.C.R.
No. SOIX-REG(S&GAD)2/B/1-73(pt.) Dated 21st July,
1981.
Subject :-- DISCIPLINARY ACTION NEEDS TO OBSERVE STRICTLY THE RULES AND PROCEDURE RELATING TO.
I am directed to refer to this Department circular letter no.
SOIX-REG(S&GAD)2/E/4-76, dated the 28th November, 1979 and to forward
copies of the marginally noted communications alongwith a check list prepared in accordance with the provisions of the Sind Civil Servants (Efficiency and Discipline)
Rules, 1973 for guidance and strict compliance.
1. No. 7/2/79-DI, dated the 18th November, 1979.
2. No. 4/20/82-R.I. dated
the 26th March, 1985.
3. D.O. No. 3/1/85-D-2, dated the
26th March, 1985.
2. This
issues with the approval of the Chief Secretary.
3. Receipt may please be acknowledged.
(No. SOR-I(S&GAD)2/1-85,
Dated 9-6-1985).
OFFICE
MEMORANDUM
Subject :--- PROCEDURE FOR CONDUCTING INQUIRIES UNDER EFFICIENCY AND DISCIPLINE
RULES, 1973---GUIDELINES.
The undersigned is directed to say that department action against civil servants of the
Federal Government for subversion, corruption, misconduct,
inefficiency etc., is generally taken under the Government Servants
(Efficiency and Discipline) Rules, 1973. It has come to notice
that in a large number of cases the procedure laid down in the rules is not properly adopted by
the officers designated as 'authority', 'authorised officer' and 'inquiry officer'. Failure
to fully comply with the requirements of
the rules impairs and at times violates
the disciplinary proceedings and the order imposing a penalty on
an accused is frequency set aside by the
appellate authority or the Service Tribunal, it challenged before it.
2. With
a
view
to
ensuring
that
all
the
procedural
requirements under the Government
Servants (Efficiency and Discipline) Rules, 1973, are complied with, a checklist has
been drawn and is enclosed.
The Ministries and Divisions are requested to bring relevant
extracts of this to
the notice of the officers responsible for discharging their duties under the
said rules before and during the currency of disciplinary proceedings against
the civil servants as authority, authorised officer or Inquiry Officer.
(No. 7/2/79-DI. Dated
18-11-79) Government of
Pakistan Rawalpindi.
Subject :--- DISCIPLINARY ACTION-NEED TO OBSERVE STRICTLY
THE RULES AND PROCEDURE RELATING TO.
It has been observed
that in dealing with disciplinary
cases care is not generally taken to observe
the procedure laid down in the Government Servants
(Efficiency and Discipline) Rules,
1973. Such omissions
vitiate the case and if the Government Servant concerned goes in appeal to the Service Tribunal, the appeal is sometime accepted on this
account. It is, therefore, necessary that extreme care is taken to ensure that the cases are
dealt with according
to the prescribed rules and procedure.
2. The establishment division has been
issuing
instructions
from time
to
time drawing attention of all concerned
to specific requirements
of rules and procedure or to omissions
generally noted in
disciplinary action. In
this connection a
reference is invited
to the establishment division O.M. No.7/2/79-D-I, dated 18-11-1979 with which
a
checklist
for
guidance of authority, authorised officer
and inquiry officer was circulated to ensure that
all procedural requirements are met. This was followed by a circular d.o. letter
No.D-553/80- JS(Rev&D), dated 22-10-1980
from establishment secretary to all secretaries, drawing attention to some irregularities noticed in the disciplinary cases
submitted to the establishment Division. In
establishment division O.M. No.
4/20/82 - R.I, dated the
20-7-1982 it was further
laid down that in future,
after the authorised officer
has considered the inquiry report and arrived at a provisional conclusion as to the
penalty to be imposed on the accused, the accused should
be supplied with a copy of the inquiry report and asked to show cause within a specified
time as to be why particular
penalty should not imposed on him and any
representation submitted by
the accused in this behalf should be
taken into consideration before final orders are passed.
3. It is requested that the
instructions
issued
from time
to
time and particularly the instructions in the Office Memorandum
quoted in para 2 may strictly
be followed in future by the
ministries/divisions and by departments and
offices under their administrative control. For facility of reference, the instructions contained in the three office memoranda
quoted in para 2 have been consolidated in a fresh checklist, which is
attached to this letter as Annexure. It should always be consulted
while processing disciplinary cases.
D.O.
No. 3/1/85-D.2. Dated 26-3-85
Cabinet
Secretariat
Subject :--- GOVERNMENT SERVANT
(EFFICIENCY
AND
DISCIPLINE)
RULES, 1973 SUPPLY OF INQUIRY REPORT AND GIVING A REASONABLE OPPORTUNITY OF SHOWING CAUSE TO THE ACCUSED OFFICIAL.
The undersigned is directed to refer to rule 5 and 6 of the Government Servants (Efficiency
& Discipline) Rules, 1973 and to state that the Supreme
Court of Pakistan in their judgement
in Mir Muhammad Vs NWFP (All Pakistan Legal Decisions, SC, 179) observed as follows in respect of corresponding rules 5 and 6 in the NWFP Government
Servants (Efficiency and Discipline) Rules, 1973.
"It seems to us, therefore, that on a proper
construction of rules 5 & 6 read together it is a statutory requirement that if a formal inquiry is held, then the authorised officer should,
after he has tentatively decided upon
the action he proposes to recommend
to the Authority, give an opportunity to the accused
officer to offer his explanation against the proposed action in the light of the findings of the inquiry officer or
inquiry committee, before sending
his recommendations to the Authority. This would, of course, necessitate that a copy of the
inquiry report be furnished
to the accused officer at this
stage, and he should be apprised of the action proposed against him."
2. In view of the Supreme Court judgement it is now necessary
that in a case where a formal
inquiry is held, a copy of the inquiry report is furnished
to the accused official to enable him to offer his explanation with regard to adverse finding, if any, recorded against him
by that inquiry officer or the Inquiry Committee, as the case may
be.
3. It has been decided that after the authorised officer has considered the report and arrived at a provisional conclusion as to the penalty to be imposed, the accused shall
be supplied with a
copy of the inquiry report and asked to show cause
within a specified time, which shall
not ordinarily exceed one month, against the particular
penalty to be imposed and any representation
before final orders are passed.
4. The procedure described
in par 3 may also be followed in those disciplinary cases which are in progress and have not been finally
closed. Even in cases where
the matter has been pending before the Service
Tribunal of the Supreme
Court the proceeding may
be started denovo in consultation with the Law Division from the stage from which
the error could be corrected in the light of the aforesaid judgement. Cases finally closed need not be
reopened.
No.
4/20/82-R.I. Rawalpindi July 20, 1982.
CHECK-LIST OF REQUIREMENTS TO BE
NOTED WHILE TAKING ACTION UNDER SINDH CIVIL SERVANTS (EFFICIENCY AND
DISCIPLINE) RULES, 1973.
Authority to ensure that :---
That the Authority has
been designated by the Government to
exercise the powers of the authority under these rules in
terms of sub-rule (2) of rule 2 of the Sindh Civil Servants (E&D)
Rules, 1973.
Authorised To
ensure that :--- Officer.
(1) The officer exercising the powers
of Authorised Officer has been authorized by the Authority to act as such in terms of rule 2(3) ibid.
(2)
The Authorised Officer while exercising
his discretionary powers of suspension under rule 5(1) has obtained prior approval of the Authority
in writing before issuing order suspending the accused officer. Further an officer can be suspended only if he is accused of
subversion, corruption or mis-conduct.
(3) Formal approval of the Authority
is available for continuation of the suspension period after every three months (Rule 5(1) ).
(4)
Formal approval of the Authority is available for extending the period of forced
leave after every three months (Rule
5(1) ).
(5) No officer other than the Authorised Officer
has decided that in the light of the facts of the case or in the interest
of
justice
an
inquiry
shall
be
conducted
through an Inquiry Officer or Inquiry Committee
(Rule 5(2) ).
(6)
Considering the nature of charges
and other facts, the decision not be hold an
inquiry has been taken judiciously and not arbitrarily. Before taking such a decision, the authorised officer
has taken into
consideration the nature of charges and other facts and has satisfied
himself that the allegations against
the accused could be decided
without holding an enquiry
(Rule 5(3).) (Through it is not a requirement of the rule that the reasons
for not holding an inquiry
be recorded yet the check-point is necessary to ensure that the decision
is in the interest of justice as required by rule and that
there is no violation of the law of natural justice.)
(7) The procedure prescribed in rule 6 is
followed in case the Authorised Officer in exercise of his discretionary powers
under Rule (5 (2) ) has decided to hold an inquiry through an Inquiry Officer
or Inquiry Committee
(8) Formal order regarding appointment of Inquiry
Officer or Inquiry Committee, as
the case may be, has been issued by the Authorised Officer under his signature.
(The statement of allegations should also be
authenticated by the authorised officer).
(9) A formal charge sheet
together with a statement of allegations has been framed
and communicated to the accused officer by Authorised
Officer under his signature. (The statement of allegations
should also be authenticated by the authorised officer).
(10) The charge
sheet requires the accused :---
(i) to put in written
defence within a reasonable time which
is not less than 7 days or more than 14 days from the
day the charge has been communicated;
(ii) to state whether he desire to be heard in
person.
(11) The procedure laid down in rule 5(3) is followed in case the Authorised Officer in exercise of his discretion has decided to
dispense with holding an inquiry through an Inquiry Officer or Inquiry Committee.
(12) In the show cause notice issued under rule 5(3) the proposed
action and the grounds of the action including
particular or particulars of charges and substance of evidence in support
of the charges has been
specified; the grounds for penalty in terms of rule 3 have been specifically mentioned; the penalty or penalties
which would be called for if the charges
are established have been specified and no general mention has been made
by reference to all minor
or major penalties.
(13) On receipt of the report of the Inquiry
Officer or Inquiry Committee or on
receipt of explanation of the accused
officer under rule 5(4) and 5(5) the Authorised
Officer has determined whether the charge or
charges against the accused officer has been proved or not (Rule 5(4)
).
(14) In case the Authorised Officer has proposed imposition of a major
penalty on the accused officer he
has
referred the
case
to
the
Authority with
his recommendation (rule 5(4) (b).)
(15) When the accused has desired
to be heard in person,
the authorised officer
has duly heard him in person before deciding to impose a minor penalty or make
recommendations to the authority for
a major penalty rule 5(4) (b).
Subject :--- DISCIPLINARY ACTION-NEED TO OBSERVE STRICTLY
THE RULES AND PROCEDURE RELATING
TO THE APPOINTMENT OF ENQUIRY OFFICER.
I am directed to refer to this Department circular letter
no. SOR-I(S&GAD)2/6-85, dated the 9th June, 1985 and to forward
a copy of Law Department Opinion Note
bearing No. OP: 5 (5)/85/301, dated the 15th May, 1985 for guidance and strict
compliance.
No.
SOR-I(S&GAD)2/6-85. Dated 10-9-1985
LAW DEPARTMENT GOVERNMENT OF SINDH
OPINION NOTE
The point at issue in this case exactly
is that there being no express
provision in the Sindh
Civil Servants (E&D) Rules, 1973 for appointment
of an
Enquiry Officer senior in rank to the accused Civil Servant, whether the appointment
of an
E.O. of equal in rank though few steps
senior to the accused Civil
Servant in the seniority list, would be proper and lawful under the said rules.
The Government Servants
(Efficiency and Discipline) Rules, 1973 are silent in regard to the status of the Enquiry
Officer appointed under Rules-6
to enquire into the status
of the Enquiry Officer appointed under Rules-6 issued by
the Services and General Administration Department in 1971 laying down the
procedure for holding Enquires, are saved by Section 26 (2) of
the Sindh Civil Servants Act, 1973 (Sindh Act
XIV of 1973). Instruction 24 does provide
that an Engineering Officer appointed
to conduct proceeding against the Civil Servant
must be senior in rank to
him. The creteria laid-down for determining
seniority in rank in the Instructions is not exhaustive. According to Chambers Twentieth Century Dictionary a rank among other things means a grade or status or dignity.
In the instant case E.O. is of same rank, which amounts
to miscarriage
of justice and equity and also violation of Services and General Administration Department's instructions issued in
year 1971 to adopt the current procedure for holding enquiries under E&D
Rules.
The rules of
natural Justice, equity and even administrative considerations including discipline in services
would demand that the E.O.
should necessary be senior in rank to the accused Civil Servant to command respect from him.
It would be highly iniquitous if a person appointed
to hold enquiry against a Civil Servant belongs to the same grade even if a few steps senior in
that grade. Iniquitous procedure is neither countenanced by law nor equity. In this view of
the matter the enquiry conducted
against the accused Officer by an Officer of the same grade cannot be
sustained under the Law and rules.
U.O.
No: OP: 5(5)/85/301. Dated 15-5-85
Subject :--- REQUIREMENT TO ISSUE A FRESH SHOW CAUSE NOTICE IF
THE PENALTY IMPOSED UNDER
THE
GOVERNMENT SERVANTS (EFFICIENCY &
DISCIPLINE) RULES, 1973 OR PROPOSED TO BE IMPOSED IS GREATER THAN THAT
SPECIFIED IN THE SHOW CAUSE NOTICE OF IF PROPOSED TO BE ENHANCED BY THE APPELLATE AUTHORITY.
I am directed to refer to the above subject
and to forward herewith a copy of
Office Memorandum No.4/42/83/D-2, dated the 29th July,
1985
from the Joint Secretary to Government of Pakistan, Establishment Division,
Cabinet Secretariat, Rawalpindi, for your information, guidance and necessary action.
2. It may, however, be clarified that in the case of civil servants
of [the cases falling under the
instance No.1 on page 2 of the enclosed Office] the Sindh Govt. Care should be taken to issue
show cause notice in Memorandum. As regards the instance No.3 ibid, attention is drawn to the proviso under rule 5(1) of the Sindh Civil Servants
(Appeal) Rules, 1980 which requires an appellate authority to issue show cause notice in case it is proposed to make an order adversely
affecting the appellant.
3. The instance No.2 of the enclosed letter is not relevant in the case of civil servants of the
Sindh Government. However, it may be mentioned
that in the cases taken up for consideration
under rule 10-A of the Sindh Civil Servants (Efficiency and Discipline) Rules, 1973 it
is already provided that an order prejudicial to the civil servant shall not be passed unless he has been
given an opportunity of showing cause.
No.
SOIX-REG(S&GAD)II/52-81 Dated
10-9-1985
Subject :--- REQUIREMENT TO ISSUE A FRESH SHOW CAUSE NOTICE IF
THE PENALTY IMPOSED UNDER
GOVERNMENT SERVANTS EFFICIENCY
&
DISCIPLINE)
RULES,
1973,
OR PROPOSED TO BE IMPOSED IS
GREATER THAN THAT
SECIFIED IN THE SHOW CAUSE
NOTICE, OR IS PROPOSED
TO BE ENHANCED BY THE APPELLATE AUTHORITY.
The undersigned is directed to state that as
a result of disciplinary action taken against
a Government servant the
appellate authority considered the penalty imposed
by the authorised officer to be inadequate and enhanced the penalty before.
The Government servant filed an
appeal against enhancement of penalty before the Service Tribunal (Appeal No.2(K) of 1980).
The Service Tribunal
while accepting that
appeal observed that
the penalty was
enhanced without giving the appellate an opportunity of being
heard which was against natural justice
and further observed that "we are of the firm
opinion that even if the rules are silent on the subject,
any time an appellants punishment is enhanced, he will be given a show cause
and a hearing. This requirement of natural justice shall always
be read into the rules". The division concerned referred the observations of the Service
Tribunal to the Ministry of Law who confirmed that
while it
was
open
to
the
appellate
authority
to revise
the sentence upward, it
would be appropriate for the appellate authority
to give a show cause notice to the appellant and hear him before
passing the order. They advised
that the order of the Tribunal
should, therefore, be obeyed.
2. The observations of the Service Tribunal and the advice of the justice division mentioned in para I is brought to the
notice all ministries/divisions and departments
for guidance and compliance.
3. The
cases in which a penalty is enhanced may
be as follows :--
(i) Where the authority decides to enhance
the
penalty
proposed
by
the
authorised
officer and which is greater than the maximum penalty shown in the show cause
notice issued by the authorised officer in terms of rule 5(1) (iii) of the Government
Servants (Efficiency and Discipline) Rules, 1973, or in the show cause notice issued by
the authorised officer
in terms of rule 5(1) (iv),
after considering the inquiry
report,
as the case may be; or
(ii) Where the authority
in exercise of its revisionary powers under rule 6-A of these
rules, decides to enhance a penalty already imposed
in a case already disposed of or which, in a pending case, is greater than the penalty shown in the show cause notice;
or
(iii) Where the appellate authority, in exercise
of its appellate jurisdiction, decides to enhance the penalty already imposed on the appellants.
The ministries,
divisions and departments are advised
to ensure that in all such cases as are mentioned above, before the penalty is enhanced a show cause notice is invariably issued and the accused/appellate is given in
opportunity of being heard in person.
All Ministries / Divisions,
Copy
to :--
(1) All Chief Secretaries to the Provincial
Governments (Sindh Karachi).
No.
4/42/83-D-2, Dated 29-9-1985.
24
No.
FD(SR-II)21-50/78
GOVERNMENT OF SINDH FINANCE DEPARTMENT
Karachi, the 10th April, 1978.
From :
Mr. Mazharul Haq Siddiqui, Secretary
to Government of Sindh, Finance
Department,
Karachi.
To,
1. All Additional Chief Secretaries to Government of Sindh.
2. All Administrative Secretaries to Government of Sindh.
3. The Secretary, Board of Revenue, Sindh,
Hyderabad.
4. The Secretary to the Governor of Sindh,
Karachi.
5. All Heads of Attached Departments.
6. All Regional Heads of Departments.
7. All Commissioners in Sindh.
8. All Deputy Commissioners in Sindh.
9. All District and Sessions Judges in Sindh.
10.
The Registrar, High Court of Sindh, Karachi.
11.
The Secretary, Sindh Public Service Commission, Hyderabad.
12. The Registrar, Sindh Services Tribunal, Karachi.
Subject :--- PAYMENT OF
SUBSISTENCE GRANT TO
SUSPENDED GOVERNMENT SERVANT.
Sir,
I am directed
to say that under existing rules a suspended Civil Servant is entitled to: (a) Subsistence grant at one half of the pay,
which he was drawing immediately
before suspension and which he would
have continued to draw had be not been placed under suspension; and
(b) Such compensatory
/ dearness allowances as Government may sanction by general or special order
and as the suspending authority may
direct.
While the rate of subsistence grant has been fixed at a uniform rate
it has been left to the discretion of the suspending authority to fix the allowances. It becomes difficult sometime to distinguish one case
of
a
suspended
official
from another for the purpose of granting allowances.
25
It would therefore not be
desirable to give wide discretionary powers to the suspending authority in his
respect. The question
was under consideration and
it has now
been decided that Government servants
during the period of suspension may be paid subsistence grant at the rate of half
of their pay and subsidy/local compensatory allowance/senior post
allowance/conveyance allowance/motor
cycle/car maintenance allowance
wherever admissible and subject to prescribed conditions excepting sumptuary
allowance and P.T.A.
These
orders will take effect from the
date of issue.
Your obedient servants
S.M. MEHDI
Deputy Secretary (SR)
for Secretary to Government of
Sindh
Finance Department.
26
(SPECIMEN OF ORDER OF
SUSPENSION)
ANNEXURE --I
No.
GOVERNMENT OF SINDH DEPARTMENT
NOTIFICATION ORDER
Karachi,
dated the
Mr. S/o (Designation) , with the approval
of authority, is suspended
with immediate effect on account of mis-conduct.
2. He is allowed
to draw subsistence grant at the rate of his half pay allowances such as
special pay / drearness allowance
/ house rent allowance/ subsidy / local compensatory
allowance/senior post allowance/conveyance allowance/motor cycle/car maintenance
allowance wherever admissible and subject to prescribed
conditions excepting sumptuary
allowance and P.T.A.
AUTHORISED OFFICER
No.
Karachi, dated the
A
copy is forwarded for information and
necessary action to :--
1. The Accountant General, Sindh, Karachi.
2. Official concerned.
3. Office Order File.
AUTHORISED OFFICER
ANNEXURE --II
(Specimen of Show Cause Notice when enquiry is
not held)
No.
GOVERNMENT OF SINDH
Karachi,
dated the
To,
Subject :---
SHOW
CAUSE NOTICE.
In exercise of the powers
conferred by Rule 4-A read with Sub-Rule
(3) of Rule 5 of the
Sindh Civil Servants (Efficiency and
Discipline) Rules, 1973, I, as an Authorised Officer :---
(a) am of the opinion that in view of the
allegations that
is guilty of mis-conduct,
as per details given below, there are sufficient grounds that disciplinary
action be taken against him under the
said Rules; and
(b) have decided that it is not necessary to
have enquiry conducted through an
Enquiry
Officer or Enquiry Committee.
2. I,
therefore, by this Notice inform the
said
that on the above ground it is proposed
to impose on him the penalties described
in Rule 4 of the said
Rules. He is accordingly called upon to Show
Cause why the proposed action should not be taken against him.
3. His explanation (in duplicate) should
reach the under-signed within 14 (fourteen) days of the receipt
of this Notice
failing which exparte
decision will be taken against
him under the Sindh Civil Servants (Efficiency and Discipline) Rules, 1973. He may be also indicate whether he would like to be heard in
person.
4. The
details of his misconduct are as under :----
(Specimen of
Show Cause Notice when enquiry is held)
SHOW CAUSE NOTICE
No.
WHEREAS,
a
Charge
Sheet
was
issued
to
the
accused
Mr.
under No.
dated .
WHEREAS, the reply
given
by
him
has
duly
been
considered
by
the
Enquiry
Officer/Committee.
WHEREAS, the Enquiry Officer/Committee after holding detailed enquiry into the charges have submitted a report to the Auhtorised Officer;
WHEREAS, the Authorised Officer
after taking into consideration the said report and
having heard the accused in person has also found Mr.
guilty
of the charges leveled against him;
WHEREAS, the Authorised
Officer
now
propose,
to,
impose the minor penalty of
recommend to the Authority imposition of major penalty of
upon him;
NOW THEREFORE, I and
Authorised Officer call upon the accused to show cause as stipulated in the proviso
under clause (b) of sub-rule (4) of Rule 5 of the Sindh Civil Servants (Efficiency and Discipline) Rule 1973,
within a fortnight of this notice as to why the proposed
penalty should not be imposed upon him
/
recommended to the Authority to be imposed upon him.
A
copy of the enquiry report is enclosed.
Encl. : Enquiry Report AND AUTHORISED
OFFICER
To,
Mr.
(Specimen for Orders of appointment of enquiry officer)
No.
GOVERNMENT OF SINDH
Karachi,
dated the
ORDER
In pursuance of the provisions contained in Rule 5(2) read with Rule 6 of the Sindh Civil Servants (Efficiency
and
Discipline)
Rules,
1973,
I,
as
Authorised
Officer,
hereby
appoint
Mr. 
conduct enquiry against
as Enquiry
Officer to
2. The enquiry shall
be conducted in accordance with the provisions of the Sindh
Civil Servants (Efficiency and Discipline) Rules, 1973 and the report
shall be submitted to the Authorised
Officer within 15 (fifteen) days of the conclusion of the proceedings.
AUTHORISED OFFICER
No. Karachi, dated
the
A
copy is forwarded to :---
1. The Secretary to Government of Sindh.
(Specimen of final Order)
ANNEXURE --V
No.
GOVERNMENT OF SINDH
ORDER
No. WHEREAS a Show Cause
Notice bearing No. dated was served upon requiring him to Show Cause
why disciplinary action
should not be taken against
him for the misconduct as mentioned in the said notice and;
WHEREAS
was heard in
person on by the Authorised Officer alongwith reply to the said Notice submitted by him/record and the evidence
of the case. His
explanation has been found dis- satisfactory and the charges
against him stand established.
NOW THEREFORE, I,
and
Authorised Officer in respect of the above said officer in exercise of the powers conferred
by rule 5 (4) (a) of the Sindh Civil Servants (Efficiency and
Discipline) Rules, 1973, do
hereby
impose the
minor
Major
(us
the
case
may be)
penalty
of
on the said .
No. SOII(H)
Karachi, dated
the
A
copy is forwarded to :---
1. The Accountant General Sindh, Karachi.
2. The Superintendent, Sindh Government Press, Karachi.
3. Official concerned.
4. Office order file.
AUTHORISED OFFICER GOVERNMENT OF SINDH
LAW
DEPARTMENT
OPINION NOTE
According
to a newly added proviso to sub-rule(4) of Rule 5 of the Sindh Civil Servants
(E&D) Rules, 1973, a final show cause notice
is to be issued by the Authorised Officer or
the Authority exercising the powers of the Authorised
Officer before imposing penalty on
the accused officer, even if no regular inquiry
is held. In case of non-compliance of this provision,
the order is abinitie vide. In order to remove this legal flaw, the proceedings may be ordered to be started afresh from
the point where the mistake had occurred.
Accordingly, views of the
S&GAD are legally correct and are hereby confirmed.
herewith.
File No.R-III/3-5/92, SOIII(R)6/5/85 and SO. Appls(S&GAD)1-34/90 are returned
Sd/-
IMAM BUX SOOMRO DEPUTY
SECRETARY (OPINION) for Secretary to Government
of Sindh
Law Department
The Section Officer (Reg-II), Govt.
of Sindh, S&GAD, Karachi.
U.O.
No. OP:5(3)/92/51, Karachi, dated
the 14th April,
1992.
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