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Presented by Mrs. Abida Akram

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Versions of different E&D Rules to date

The West Pakistan Inquiry Act 1958 The West Pakistan Govt. servants (E&D) Rules, 1960The Punjab civil servants (E&D) Rules (13 March,1975)The Punjab civil servants (E&D) Rules, (21 June, 1999)The Punjab removal from service (Special Powers)

Ordinance, (18 September, 2000)The Punjab employees efficiency, discipline

accountability Act XII of 2006 (17 October, 2006)

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The Punjab Employees Efficiency, Discipline & Accountability Act, 2006

1. Short title, extent, commencement and application.This Act may be called the Punjab Employees, Efficiency,Discipline and Accountability Act, 2006.It extends to the whole of the Punjab.It shall come into force at once.It shall apply to:

Employees in govt. service and, Employees in corporation service and, Retired employees of govt. and corporation service;

provided that proceedings under this Act are initiated against them during their service or within one year of their retirement.

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2. Definitionsa) Governmentb) Employeec) Competent authorityd) Appellant Authority e) Accusedf) Co accusedg) Inquiry officerh) Inquiry committeei) Hearing officerj) D.R.k) P.W.l) D.W.m) Chargen) Chief ministero) Corruptionp) Inefficiencyq) Misconductr) De novo Inquirys) Prescribedt) Sectionu) Plea Bargain

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3. Grounds for proceedings and penalty

An employee shall be liable to be proceeded against under this Act; if he is ;

I. Inefficient;II. Guilty of misconduct;III. Guilty of corruption;IV. Engaged in subversive activities.

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4. Penalties The competent authority may, notwithstanding anything

contained in any law or the terms and conditions of service of the accused, by an order in writing impose one or more of the following penalties:-

a) Minor Penaltiesi. censureii. Withholding of increment/increments,for a specific

period to the extent of 5 increments;iii. Fine not exceeding basic pay of one month;iv. Reduction to lower stage or stages in pay scale, subject to

a maximum of 5 stages,v. Withholding of promotion for a specific period subject to

a maximum of 5years (wef his junior is promoted)

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Penalties Major penalties

i. Recovery of loss from pay or pension or any amount payable to the accused, the whole or a part of it or under the law for the time being in force;

ii. Reduction to a lower post or pay scale for a specific period subject to a maximum of 5years;

iii. Forfeiture of past service for a specific period subject to maximum of 5 years;

iv. Compulsory retirement ;v. Removal from service ;vi. Dismissal from service.`

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Penalties Penalties after retirement

i. Withholding of pension or any part thereof ;ii. Withdrawal of pension or any part thereof;iii. Recovery of loss caused to the govt., the whole

or any part of it, from pension or any amount payable to the accused under law by the time being in force.

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5. Initiation of Proceedingsi. If on the basis of its own knowledge or information placed before it, the

competent authority may proceed as under;A. Show cause notice method/ summery procedure.B. Regular enquiry Procedure in show cause notice method under section 7 is adopted , in case of

conviction by a court, absence from duty without prior approval of leave and possession of sufficient grounds/ documentary evidence against the accused.

i. The competent authority shall inform the accused by an order giving specific charges,

ii. to show cause with in 7 days.iii.Determination as to charges have been proved or otherwise ;iv. The competent authority shall decide the case within 90 days, failing which

the accused may file an application before the appellate authority for early decision of his case.

v. Affording an opportunity of personal hearing;vi. Issuance of final order by the competent authority Provided that where charge of grave corruption are proved against the

accused ,he shall be dismissed from service. In case of absence of one year from duty, the accused shall be compulsorily retired/removed/dismissed from service.

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6. SuspensionThe competent authority may suspend the accused on

initiation of proceedings under section 7 for 90 days, extendable for further 90 days. Provided that the continuation of the period of suspension shall require the prior approval of the competent authority for each period of extension.

If the period of suspension is not extended within thirty

days of the expiry of initial period of suspension ,the employee shall be deemed to be reinstated .

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7. Regular Enquiry1. Appointment of an enquiry officer or an enquiry

committee;2. Detailed charges to be mentioned in the same order ;3. Appointment of DR.;4. Written defense to be submitted by the accused

within seven days 5. Record of the case with the list of witnesses is to be

communicated to the enquiry officer/ enquiry committee.

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8. Procedure to be followed by enquiry officer/committee

1. Enquiry of charges, taking statements of the parties and opportunity to cross- examination of witnesses from either side

2. Proceedings to be finalized ex parte, if the accused fails to submit his reply within the fixed period

3. Enquiry to be held on day to day basis4. Hampering of enquiry proceedings by the accused on some

pre text or medical grounds5. Submission of enquiry report within 60 days with specific

recommendations.6. The recommendations of the inquiry officer or the inquiry

committee, as the case may be ,shall not be binding on the competent authority.

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9. Powers of the enquiry officer/ committee

1. He/ it shall have the powers of a civil court under the code of civil procedure 1908 as follows :

2. Summon and attendance of any person and examining him on oath.

3. Discovery or production of the relevant record.4. Constituting a commission for specific purposes.

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10. Duties of the Departmental Representative

1. Full assistance during the enquiry proceedings;2. Cross examination of the witnesses ;3. Rebut the grounds of defense offered by the

accused.

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13. Final order by the competent Authority1. Minute examination of the report ;2. Decision as to proof of charges;3. If charges are not proved, the competent authority shall

exonerate the accused;4. If the charges are proved the competent authority shall issue a

show cause notice,, as to penalty to be impose upon him;5. Opportunity of personal hearing;6. Provision of enquiry report;7. Presence of the DR;8. Finally he shall issue orders of exoneration of one or more

penalties imposed upon the accused;9. In case , the competent authority is satisfied that enquiry

proceedings have not been properly conducted, he may order a de novo enquiry.

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Detail of other sections of this Act 14.Personal hearing by the hearing officer15.Procedure of enquiry against officers lent to other government

, etc16.Departmental appeal and review17.Revision18.Appearing of counsel19.Appeal before Punjab Service Tribunal20.Act to override other laws21.Proceedings under this Act22.Indemnity23.Jurisdiction barred24.Power to make rules25.Removal of difficulties26.Repeal (cancel pevious rules)

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PRESCRIBED PERIOD FOR COMPLETON OF PROCEEDINGS

Submission of written defense by the accused within seven days or an extended period by the competent authority

Submission of enquiry report within sixty days or an extended period.

Completion of proceedings within ninety days. On delay ,the accused may file an application to the appellate authority for early decision of his case.

Appeal against penalty order to the next authority within thirty days.

Aggrieved by final order passed under section 16 or section 17,the accused may prefer an appeal to the Punjab Service Tribunal within thirty days

If departmental appeal or review petition is not decided within sixty days, the accused may file an appeal in PST, whereafter, the authority concerned shall not take any further action .

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COMPETENT AUTHORITIESUNDER

THE PEEDA ACT,2006Employees in BS—19 & above

Chief Minister

Employees in BS-1 to 18

Appointing authority

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MODEL DRAFT ORDER OF APPOINTMENT OF INQUIRY OFFICER/ COMMITTEE TO BE SIGNED / ISSUED BY THE COMPETENT AUTHORITY UNDER THE PEEDA ACT, 2006

1. Whereas, the undersigned as Competent Authority under the PEEDA 2006, is of the opinion that there are sufficient grounds to proceed against Mr._______( name, names and designation of the accused) under section 3 of the Act ibid on the charges of (inefficiency, misconduct, corruption and engagement in the subversive activities). I, therefore, order initiation of disciplinary proceedings against the accused under the PEEDA Act 2006.

2. And whereas , I consider that in the light of the facts of the case and in the interest of justice, it is necessary to hold an inquiry. I, therefore, appoint Mr.________( name and designation) as inquiry officer/ inquiry committee consisting of the following:

1) Mr.____ (name and designation/ Convener)2) Mr.____ (name and designation/ Member)3) Mr.____ (name and designation/ Member)

To proceed against the accused in term of section 5 read with section 9 of the Act ibid and to conduct into the following charges:

i. ______________ii. ______________iii. ______________

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3. The accused officials is / are directed to submit his/ their written defense to the inquiry officer or committee, with in 7 days of the date of the receipt of the order ( or within such extended period as may b determined by Competent Authority). If he/ they fail to submit his/ their written defense with in the prescribed period, it shall be presumed that either he/ they have no defense to offer or he/ they declined to offer the same and he/ they have accepted the charges.

4. Mr. _____________is appointed as Departmental Representative in terms of section 9 read with section 12 of the ACT ibid.

5. In case the accused official/officials desires/ desire to consult any record on which the aforesaid charges are based or is relevant to the aforesaid charges, he/ they may do so with prior arrangement with the undersigned or the departmental representative within _________ days of the receipt of the order

6. The inquiry officer or inquiry committee shall submit his/ its report and recommendations to the undersigned within 60 days of the initiation of the inquiry in terms of Section10 of the Act ibid.

SIGNATURES OF THE COMPETENT AUTHORITYNAME AND DESIGNATION

(Note: Model is only for guidance and may be modified keeping in view the requirements of the case.)

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MODEL SHOW CAUSE NOTICE UNDER SECTION 7 READ WITH SECTION 5 OF THE PEEDA ACT, 2006 TO BE ISSUED

BY THE AUTHORITY To ---------------------------------------------

------------------------------------------------ Subject: SHOW CAUSE NOTICE

1. WEREAS, THE UNDERSIGNED AS Competent Authority, under the PEEDA ACT2006 in due consideration of the facts of this case, is of the view that you, Mr._______ while posted as _________ during the period from ___ to___ have committed the following irregularities and there are sufficient grounds to proceed against you:

i. ______________ii. ______________iii. ______________

2. And whereas, the undersigned is of the opinion that it is not necessary to hold an enquiry into the matter in view of the provisions contained in Section 5 of the Act ibid. it is therefore, proposed to proceed against you under section 7 read with section 5of PEEDA Act 2006.

3. Now, therefore, you are hereby called upon to show cause in writing within 7 days or( within such period as may be extended by the competent authority ) of the receipt of this notice as to why one or more of the penalties as prescribed in section 4 of PEEDA ACT 2006 should not be imposed upon you.

4. 5.

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4. Your reply to this Show Cause Notice shall reach the undersigned within the said period, failing which it shall be presumed that you have no defense to offer.

5. In case you desire to consult any record, on which the aforesaid charges are based or is relevant to the aforesaid charges. You may do so with prior arrangement with the undersigned within____ days of the receipt of this notice.

COMPETENT AUTHORITY NAME AND DESGNATION

Note: (Model is only for guidance and may be modified keeping in view the requirements of the case)

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MODEL DRAFT OF NOTICE OF PERSONAL HEARING UNDER SECTION 14 OF PEEDA ACT, 2006To

--------------------------------- ---------------------------------------Subject: PERSONAL HEARING NOTICE

On the basis of the enquiry conducted against you, the undersigned has determined that the following charges stand proved against you:

i. ___________ii. ___________iii. ___________

A copy of the enquiry report is enclosed. It is proposed on you the penalty of ___________( state here the proposed penalty.You are hereby offered the opportunity of personal hearing before the undersigned or the hearing officer,Mr.___________.

For the purpose you are hereby advised in your own interest, to appear before the aforesaid officer on______________

AUTHORITY

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mpose penalty of ________ ________ under section 4-b ( ) OF the PEEDA ACT , 2006 upon _______ ______________________

with immediate effect.

DEO( --------) _________ (competent authority) A copy submitted to__________ ________________________

signature

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CasesDue to 13% result of 5th class PEC exam.A Bs-18 officer with the charge of corruption.A SST is found involved in malpractices during

SSC exam.A bogus appointment of a class IV servant is

reported.A junior clerk a superintendent and a D y.DEO

are found involved in embezzlement.

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Important Reminder/ LimitationEnquiry Officer to complete proceedings within 60 daysCompetent Authority to announce the decision within 90

daysAppeal before Appellate Authority against decision of

CA within 30Decision by the Appellate Authority within 90 daysAppeal before the PST against decision of AA within 30

daysAppeal in Supreme Court within 60 days

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