The Removal from Service
(Special Powers) Ordinance, 2000
XVII OF 2000
27th May, 2000
An ordinance to psrovide for dismissal, removal, compulsory retirement from
service and reduction to lower post or pay scale of certain persons from
Government service and corporation service
WHEREAS in view of prevailing
circumstances it is expedient and necessary and in the public interest and
further for goods governance to provide for measures; inter alia,
dismissal, removal etc., of certain persons from Government service and
corporation service as hereinafter stated;
AND WHEREAS it is necessary to
provide for speedy disposal of such cases and for matters connected therewith
or ancillary thereto;
AND WHEREAS the National Assembly
and the Senate stand suspended in pursuance of the Proclamation of Emergency of
the fourteenth day of October, 1999, and the Provisional Constitution Order No.
1 of 1999;
AND WHEREAS the President is
satisfied that circumstances exist which render it necessary to take immediate
action;
NOW, THEREFORE, in pursuance of the
Proclamation of Emergency of the fourteenth day of October, 1999. and the
Provisional Constitution Order No. 1 of 1999, as well as Order No. 9 of 1999,
and in exercise of all powers enabling him in that behalf, the President of Constitution
of Islamic Republic of Pakistan is pleased to make and promulgate the following
Ordinance:---
1. Short title, extent, commencement and application
(1) This Ordinance may be called the Removal from Service
(Special Powers) Ordinance, 2000.
(2) It extends to the whole of Pakistan
(3) It shall come into force at once.
(4) It shall apply to persons in Government service and
corporation service.
2. Definitions
In this Ordinance, unless there is anything
repugnant in the subject or context, -
(a) 1[Omitted]
(a) 1[Omitted]
(aa) “competent authority”
means, the 2[Prime Minister] and where, in relation to any person or
class of persons, the 2[Prime Minister] authorize any officer or
authority, not being inferior in rank to the appointing authority prescribed
for the post held by the person against whom action is proposed to be taken, to
exercise the powers of competent -authority under this Ordinance, that officer
or authority, and, in relation to an employee of a Court or Tribunal
functioning under the Federal Government, the appointing authority or the
Chairman or Presiding Officer of the Court or the Tribunal.
(b) “misconduct”
includes conduct prejudicial to good order or service discipline or conduct
unbecoming of an officer and a gentleman or involvement or participation for
gain either directly or indirectly in industry, trade or speculative
transactions or abuse or misuse of the official position to gain undue
advantage or assumption of financial or other obligations to private institutions
or persons such as may cause embarrassment in the performance of official
duties or functions.
(c) “person in
corporation service” means every person in the employment of a corporation,
corporate body, authority, statutory body or other organization or institutions
set up, established, owned, managed or controlled by the Federal Government, or
by or under any law for the time being in force or a body or organization in
which the Federal Government has a controlling share or interest and includes the
Chairman and the Managing Director, and the holder of any other office therein;
and
(d) “person in
Government service” includes every person who is a member of an
All-Pakistan Service or of a Civil Service of the Federation or who holds a
civil post in connection with the affairs of the Federation or any employee
serving in any Court or Tribunal set up or established by the Federal
Government but does not include a Judge of the Supreme Court or of a High Court
or Federal Shariat Court or any Court subordinate to the High Court, or any
employee thereof.
Legal Amendments
1
Omitted by Ordi. II of 2003 . earlier this clause was as under : “Prime
Minister” means the Prime Minister of the Islamic Republic of Pakistan.
2.
Substituted by Ordi. II of 2003. for the word Chief Executive
3. [Dismissal, removal and compulsory retirement, etc.]
of certain persons in Government or corporation service, etc.- (1)
Where, in the opinion of the competent authority, a person in Government or
corporation service, is,---
(a) inefficient, or has ceased to be efficient for any reason; or
[is guilty of being habitually absent from duty without prior approval of
leave, or]
(b) guilty of misconduct; or
(c) corrupt, or may reasonably be considered as corrupt, because-
(i) he, or any of his dependents or any other person, through him
or his behalf, is in possession of pecuniary sources or of property, for which
he cannot reasonably account for, and which are disproportionate to his known
sources of income; or
(ii) he has assumed a style of living beyond his known sources of
income; or
(iii) he has a persistent reputation of being corrupt; or
(iv) he has entered into plea bargain under any law for the time
being in force and has returned the assets or gains acquired through corruption
or corrupt practices voluntarily; or]
(d) engaged, or is reasonably believed to be engaged, in
subversive activities, and his retention in service is prejudicial to national
security or he is guilty of disclosure of official secrets to any unauthorized
person; or
(e) found to have been appointed or promoted on extraneous grounds
in violation of law and the relevant rules, the competent authority, after
inquiry by the Committee constituted under section 5, may, notwithstanding
anything contained in any law or the terms and conditions of service of such
person, by order in writing dismiss or remove such person form service,
compulsorily retire from service or reduce him to lower post or pay scale, or
impose one or more minor penalties as prescribed in the Government Servants
(Efficiency & Discipline) Rules, 1973, made under Section 25 of Civil
Servants Act, 1973:
(2) Before passing an order under sub-section (1) the competent
authority shall: (a) by order in writing, inform the accused of the action
proposed to be taken with regards to him and the grounds of the action; and (b)
give him a reasonable opportunity of showing cause against that action within
seven days or within such extended period as the competent authority may
determine.
Provided that no such opportunity
shall be given where the competent authority is satisfied that in the interest
of security of Pakistan
Provided further that no such opportunity
shall be given where the accused is dismissed or removed from service or
reduced in rank on the ground of conduct, which has led to a sentence of fine
or of imprisonment or where the competent authority is satisfied for reasons to
be recorded in writing that it is not reasonably practicable to give the
accused an opportunity of showing cause.
The dismissal or removal or premature retirement from service or
reduction to lower post or pay scale of a person under sub-section (1) shall
not absolve such person from liability to any punishment to which he may be
liable for an offence under any law committed by him while in service.
Court
Judgments
Double
jeopardy:— Competent Authority must give reasons for shorter
procedure—No body can be vexed twice—No show-cause notice served—Impugned order
set-aside appeal allowed the authorities however allowed to initiate fresh
proceedings. PLJ 2004 Tr.C (Services) 1
Enquiry
proceedings conducted by Anti-Corruption Establishment and enquiry ordered by
competent Authority—Effect—Earlier Enquiry Proceedings conducted by
Anti-Corruption Establishment against petitioner were independent from enquiry
ordered by Competent Authority under S. 3 of Punjab Removal from Service
(Special powers) Ordinance 2000, there could be no double jeopardy in instant
case. P L J 2004 SC 181
Constitutional
petition - Show-cause notice was issued to petitioners stating that
their appointments were made on extraneous considerations - Petitioners filed
their replies contending that their appointments were duly made under R. 5 of
Public Service Commission (Functions) Rules, 1978 - Petitioners without waiting
for decision on their replies by Competent Authority filed Constitutional
petitions, which were dismissed by High Court - Contention of petitioner was
that their removal from service could be made only after holding elaborate
enquiry by Enquiry Officer/Committee, whereas show-cause notice had been issued
to them without appointment of Enquiry Officer/Committee--- Before passing the
final order of removal from service, appointment of Enquiry Officer or Enquiry
Committee was necessary under the Punjab Removal from Service (Special Powers)
Ordinance, 2000 - Disputed show-cause notice was still at preliminary stage -
Competent Authority after considering petitioners' replies, if came to the
conclusion that it was a case of taking further proceedings under the
Ordinance, then it would be required to constitute an Enquiry Committee or
appoint an Enquiry Officer - Constitutional petition had rightly been held to
be premature and dismissed as such - Impugned Judgment was not suffering from
any legal infirmity or illegality warranting interference by Supreme Court -
Petitions for leave to appeal were dismissed with observations that if any
order adverse to petitioners was passed either on merits or against the
provisions of the Ordinance, they might file appeals before the Punjab Service
Tribunal in accordance with law. 2002 SCMR 805
4. Suspension
A person against whom action is proposed to be taken under
sub-section (1) of Section 3 may be placed under suspension with immediate
effect if. in the opinion of the competent authority, suspension is necessary
or expedient:
Provided that the competent authority
may, in an appropriate case, for reasons to be recorded in writing, instead of
placing such person under suspension, require him to proceed on such leave as
may be admissible to him from such date as may be specified by the competent
authority.
5. Power to appoint an Inquiry officer or Inquiry Committee:
(1) Subject to the provisions of sub-section (2), the
competent authority shall before passing an order under section 3, appoint an
Inquiry Officer or Inquiry Committee to scrutinize the conduct of a person in
Government service or a person in corporation service, who is alleged to have
committed any of the facts or omissions specified in Section 3.
The Inquiry Officer, or, as the case may be the Inquiry Committee
shall,---
(a) communicate to the accused the charges and statement of
allegations specified in the order of inquiry passed by the competent authority
(b) require the accused within seven days from the day the charge
is communicated to him to put in a written defence
(c) 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 and
(d) hear the case from day-to-day and no adjournment shall be
given except for special reasons to be recorded in writing and intimated to the
competent authority.
(2) Where the Inquiry Officer or as the case may be, the Inquiry
Committee is satisfied that the accused is hampering or attempting to hamper,
the progress of the inquiry he or it shall record a finding to that effect and
proceed to complete the inquiry in such manner as he, or it, deems proper in
the interest of justice.
(3) The Inquiry Officer or, as the case may be, the Inquiry
Committee shall submit his, or its, findings and recommendations to the
competent authority with twenty five days of the initiation of inquiry.
(4) The competent authority may dispense with the inquiry under
sub-section (1) if it is in possession of sufficient documentary evidence
against the accused, or for reasons to be recorded in writing, it is satisfied
that there is no need of holding an inquiry.
(5) Where a person who has entered into plea bargain under any law
for the time being in force, and has remained the assets or gains acquired
through corruption or corrupt practices voluntarily, the inquiry shall not be
ordered provided that show cause notice shall be issued on the basis of such
plea bargaining to such person informing of the action proposed to be taken
against him and the grounds of such action requiring him to submit reply within
fifteen days of the receipt of the notice. On receipt of the reply, the
competent authority may pass such orders as it may deem fit.
6. Powers of the Inquiry Officer or Inquiry Committee.
The Inquiry Officer or Inquiry Committee shall have power,---
(a) to summon and enforce attendance of any person and examine him
on oath.
(b) to require the discovery and production of any document.
(c) to receive evidence on affidavits; and
(d) to record evidence.
7. Procedure to be followed by the Inquiry Officer or
Inquiry Committee.-
The Inquiry Officer or Inquiry Committee shall, subject to any
rule made under this Ordinance, have power to regulate its own procedure, for
the fixing of place and time of its sitting and deciding whether to sit in
public or in private, and in the case of corporate Committee, to act
notwithstanding the temporary absence of any of its members.
8. Order to be passed upon a finding
Every finding recorded by the Inquiry Officer or, as the case may
be. Inquiry Committee under Section 5, shall, with the recommendation provided
for in that section, be submitted to the competent authority and the competent
authority may pass such orders thereon as it may seem property in accordance of
the provisions of this Ordinance.
9. Representation and review
(1) A person who has been dismissed or removed or, compulsorily
retired form service or reduced to lower post or pay scale or against whom any
order has been made under Section 3 by the competent authority may. within
fifteen days from the date of communication of the order prefer a
representation to the 1[Prime Minister] or such officer or authority
as the 1[Prime Minister] may designate:
Provided that where the order has
been made by the 1[Prime Minister] such person may, within the
aforesaid period, submit a review petition to the 1[Prime Minister].
(2) The 1[Prime Minister], or an officer or authority,
as may be designated for the purpose by the 1[Prime Minister], may,
on consideration of the representation, review petition and any other relevant
material, confirm, set aside, vary or modify the order in respect of which such
representation or review petition is made within sixty days thereof.
Legal Amendments
1
Substituted by Ordi. II of 2003 for the word Chief Executive.
10. Appeal
Notwithstanding anything contained in any other law for the time
being in force, any person aggrieved by any final order under Section 9 may,
within thirty days of the order, prefer an appeal to the Federal Service
Tribunal established under the Service Tribunals Act, 1973 (LXX of 1973-).
Court Decisions
Appeal:--Petitioner
having been suspended under Punjab Removal from Service Order 2000, he can file
appeal before service tribunal - for redressal of his grievance being servant
of corporation who have been declared to be civil servant, to invoke
Jurisdiction of Service tribunal - Provision of Art. 212 of the institution
applies to such employees and they cannot invoke Jurisdiction of High Court
under Art 199 of the constitution - Suspension order or holding of inquiry
being steps towards passing of final order, no writ petition was maintainable
against interim order - Petitioner if found guilty in inquiry being conducted
against him, he can file appeal before service tribunals - High Court, however,
cannot interfere in such like interim orders in exercise of constitutional
Jurisdiction - Writ petition as, thus, not maintainable. P.L.J. 2002
Lah. 1620
2001 PLC (C.S.) 623; 2001 PLC (C.S.) 1015; 2000 PLC
(C.S.) 533; 1998 SCMR 2240 and 1998 SCMR 999 ref.
11. Ordinance to override other laws
The provisions of this Ordinance shall have effect notwithstanding anything to
the contrary contained in the Civil Servants Act, 1973 (LXXI of 1973), and the
rules made thereunder and any other law for time being in force.
12. Proceedings under this Ordinance
All proceedings initiated on the commencement of this Ordinance in respect of
matters and persons in service provided for in this Ordinance shall be governed
by the provisions of this Ordinance and rules made thereunder.
13. Pending proceedings to continue
For the removal of doubts, it is hereby provided that all proceedings pending
immediately, before the commencement of this Ordinance against any person
whether in Government service or corporation service under the Civil Servants
Act, 1973 (LXXI of 1973) and rules made thereunder or any other law or rules,
shall continue under the said laws and rules, and as provided thereunder.
14. Pensionary benefits, etc.
Notwithstanding anything contained in this Ordinance the payment of pension or
other benefits to a person retired or reduced to a lower post or pay scale
under this Ordinance shall, if admissible, be regulated in accordance with the
law for the time being in force relating thereto.
15. Power to make rules.
The Federal Government may, by notification in the official Gazette, make rules
for carrying out the purposes of this Ordinance.
16. Removal of difficulties
If any difficulty arises in giving effect to any of the provisions
of this Ordinance, the President may make such Order, not inconsistent with the
provisions of this Ordinance, as may appear to him to be necessary for the
purpose of removing the difficulty.
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