Introduction:
The Government Servants
(Efficiency & Discipline) rules 1973 provide a detailed procedure of
inquiry to be observed/followed against the accused Government Servant. This
procedure is imperative and based on principles of natural justice. Its main
object is to allow being heard before he is condemned.
Relevant Provisions:
Rule of Government Servants (Efficiency and discipline)
rules 1973.
Cross Reference rule (7) to (16) of KP Government Servants (Efficiency
& Discipline) rules 2011.
Procedure Against A Civil Servant Who Is Accused Of
Subversion, Corruption Or Misconduct.
The authorized officer may ask /
him directly to proceed on (1) leave or he may be suspended (2) with approval
of the higher authority where the higher authority is the president or Prime
Minister, such powers may be exercised by Secretory Establishment Division.
Every continuation of such leave
or suspension shall require approval of the authority after every three months.
Powers of The Authorized Officer:
The authorized officer has the
following powers.
·
To proceed with sou moto
·
To entrust inquiry to an inquiry officer or
inquiry committee.
v
Procedure Where Authorized Officer Proceeds
So Motto:
The following procedure is to be
observed by the authorized officer while acting so motto, against the accused
who is charged with subversion, corruption, or misconduct.
Notice to The Accused: The authorized officer shall
inform the accused in writing of the action proposed to be taken against to
him.
Grounds of Action: Such authorized officer shall
mention the grounds for the action to be taken against him.
Opportunity of Showing Cause: The accused shall be allowed to
show cause against that action, however, such opportunity of hearing shall not be
given where the authority is satisfied that the interest of the Pakistan
security of any part thereof is not necessary to give such an opportunity.
Decision of The Authorized Officer After Receipt of The
Explanation Of Accused:
After receipt of the explanation
submitted by the accused to the show cause notice served on him, the authorized
officer shall decide/determine whether the charge is proved against the accused
or not.
Where the Authorized Officer Decides That the Offence /
Charged Has Been Proved:
The authorized officer may impose
major and minor penalties when the charge is proved against the accused.
v
Imposition of Minor Penalties:
Where the authorized officer thinks
to impose a minor penalty upon the accused Government Servant, he shall pass
one or more minor penalties upon the accused accordingly.
v
Imposition of Major Penalty:
If it is proposed to impose a major
penalty, the authorized officer shall forward the case to the authority with
his recommendation of penalty along with all the relevant records of the case
i.e. show cause notice, explanation tendered by the accused, & all other
relevant records, etc. and the higher authority may pass any suitable order is deemed
proper.
Where the Authorized Officer Entrust Inquiry to An
Inquiry Officer or Inquiry Committee:
Where the authorized officer thinks
to entrust inquiry to an inquiry officer or inquiry Committee, he shall appoint
an inquiry (1) officer (2) inquiry Committee for this purpose.
Procedure Where an Inquiry Officer or Inquiry Committee
Is Appointed:
The inquiry officer or inquiry
Committee shall observe the following procedure.
Farming of Charge: The authorized officer shall frame the charge
and send it to the accused together with the allegations explaining the charge.
Written Defense by Accused: The accused shall within fourteen
(14) days of the communications of charge to him, submit written defense to the
authorized officer.
Time given to the accused for
reply shall be reasonable time and shall not be less than Seven (7) days and
not more than by deep. Such accused shall state in his written defense whether
he desires to be heard in person.
Examination of Evidence & Record: The inquiry officer or the
Committee (1) shall enquire into charge and may take oral or documentary
evidence from both sides.
Cross-Examination of Witness: Any party who produces any
person as a witness in support of his claim the other party shall be entitled
to cross-examine him.
No Adjournment Except For Reason to Be Recorded in
Writing:
The inquiry proceedings shall be
held from day to day. Generally, there shall be no adjournment, however, every
adjournment if any shall be with reason in writing and shall be reported to the
higher authority.
Normally, no adjournment shall be more than a week.
Accused Hampering or Attempt to Hampering the Progress of
Inquiry:
In such a case the inquiry officer
or Committee shall administer a warning to the accused if he is acting in
disregard of such warning, a finding to that effect shall be recorded and may
proceed in the manner to complete the inquiry as he or she thinks best fit to
substantial justice.
Submission of Report to The Authorized Officer:
Within (10) days of completion of the
inquiry or such further period as may be allowed by the authorized officer
shall submit his or its findings and the grounds thereof to the authorized officer.
Decision of The Authorized Officer on The Receipt of
Inquiry Report & Findings of The Inquiry Officer or Inquiry Committee:
On the receipt of the inquiry
report the authorized officer shall determine whether the charge has been
proved or not.
Where the Charge Has Been Proved:
Where in the opinion of the
authorized officer that charge has been proved he can impose major or minor
penalties.
v
Imposition of Minor Penalty:
Where the authorized officer is in
the opinion to impose a minor penalty, he shall pass such penalty accordingly.
v Imposition of Major Penalty:
Where the authorized officer is in
the opinion to impose a major penalty upon the accused, he shall forward the
case along with all relevant records of inquiry & his recommendation for
suggested penalty to the higher authorized, who may pass any suitable order as deemed
proper.
Limitation / Bar as To Appear of Counsel:
Where any proceedings under the
Government (Efficiency & Discipline) rules 1973 are Conducted the parties
shall appear in person and no party shall be represented by Counsel Advocate.
In short, it is the fundamental
principle of natural justice that no one can be condemned unheard an
opportunity is to be given to an accused to / explain the grounds of allegation
before he is found guilty, therefor Law has provided a uniform procedure which
is to be observed while acting against a person who is charged with an offense,
fairly which shall lead to legal consequence and the whole proceedings shall be
vitiated.
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