Government Servants (Efficiency and Discipline) Rules, 1973.

GOVERNMENT SERVANTS (EFFICIENCY AND DISCIPLINE) RULES, 1973

In exercise of the powers conferred by section 25 of the Civil Servants
Ordinance, 1973 (No.XIV of 1973), the President is pleased to make the
following rules, namely: – 1. Short title, commencement and application. -(1) These rules may be
called the Government Servants (Efficiency and Discipline) Rules, 1973.

(2) They shall come into force at once and shall apply to every civil
servant.

2. Definitions.- In these rules unless the context otherwise requires,-

(1) “accuse” means a Government servant against whom action is taken under
these rules;
(2) “authority” means the appointing authority prescribed in rule 6 of the
Civil Servants (Appointment, Promotion and Transfer) Rules, 1973.

Provided that in the case of disciplinary proceedings already initiated
against a Government servant before 14th June, 2000, the powers of
“authority” shall be exercised by the officer designated as such before
the aforesaid date.

(3) ”authorised officer” means an officer authorized by the authority to
perform functions of an authorized officer under these rules or, if no
officer is so authorized, the authority;
(4) ”misconduct” means conduct prejudicial to good order or service
discipline or contrary to Government Servants (Conduct) Rules, 1964 or
unbecoming of an officer and, a gentlemen and includes any act on the part
of a Government servant to bring for attempt to bring political or other
outside influence directly or indirectly to bear on the Government or any
Government officer in respect of any matter relating to the appointment,
promotion , transfer, punishment, retirement or other conditions of
service of a Government servant; and
(5) “Penalty” means a penalty which may be imposed under these rules.

3. Grounds for penalty.-Where a Government servant, in the opinion of the
authority-

(a) is inefficient or has ceased to be efficient; or
(b) is guilty of misconduct; or
(c) is corrupt, or may reasonably be considered corrupt because-
(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 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 unauthorized 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:
censure;
(i) 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;
(ii) stoppage, for a specific period, at an efficiency bar in the time
scale, otherwise than for unfitness to cross such bar;
(iii) recovery from pay of the whole or any part of any pecuniary loss
cause to Government by negligence or breach of orders;
(b) Major Penalties:
(i) reduction 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
appointment, on the expiration of the period of appointment; or
(c) engaged under a contract in accordance with the terms of the contract.

5. Inquiry Procedure.-(1) The following procedure shall be observed when a
Government servant is proceeded against under these rules:-

(i) In case where a Government servant is accused of subversion,
corruption or misconduct, the authorized officer may require him to
proceed on leave or, with the approval of the authority suspend him,
provided that any continuation of such leave or suspension shall require
approval of the authority after every three months.

Provided further that where the authority is President or Prime Minister,
the Powers of the authority under this clause shall be exercised by the
Secretary, Establishment Division.

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

(2) The exercise of powers under clauses (i) and (iv) of sub-rule (1) by
the authorized officers in the Pakistan Missions abroad shall, unless
already so provided, always be subject to the approval of the authority.

6. Procedure to be observed by the Inquiry Officer and Inquiry Committee.-
Where an Inquiry Officer or Inquiry Committee is appointed, the authorized
Officer shall-

(1) Frame a charge and communicate it to the accused together with
statement of the allegations explaining the charge and of any other
relevant circumstances which are proposed to be taken into consideration.
(2) Require the accused within a reasonable time, which shall not be less
than seven days or more than fourteen days from the day the charge has
been communicated to him, to put in a written defence and to state at the
same time whether he desires to be heard in person.
(3) 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.
(4) The Inquiry Officer or the Committee, as the case may be, shall hear
the case from day to day and no adjournment shall be given except for
reasons to be recorded in writing. However, every adjournment, with
reasons there for shall be reported forthwith to the authorized officer.
Normally no adjournment shall be for more than a week.
(5) Where the Inquiry Officer or the Committee, as the case may be, is
satisfied that the accused is hampering, or attempting to hamper, the
progress of the enquiry he or it shall administer a warning, and if
thereafter he or it is satisfied that the accused is acting in disregard
of the warning, he or it shall record a finding to that effect and proceed
to complete the enquiry in such manner as he or it thinks, best suited to
do substantial justice.

(6) The Inquiry Officer or the Committee, as the case may be, shall within
ten days of the conclusion of the proceedings or such longer period as may
be allowed by the authorized officer, submit his or its findings and the
ground thereof to the authorized officer.

6-A Revision. – (1) Subject to sub-rule (2), the authority may call for
the record of any case pending before, or disposed of by, the authorized
officer and pass such order in relation thereto as it may deem fit;

(2) No order under sub-rule (1) shall b passed in respect of an accused
unless the authorized officer to be designated by the authority has
informed him in writing of the grounds on which it is proposed to make the
order and has been given an opportunity of showing cause against it,
including an opportunity of personal hearing if requested by the accused
or is otherwise necessary in the interest of justice, in particular, when
the authority contemplates to pass an order adverse to the interest of the
accused:

Provided that no such opportunity shall be given where the authority, for
reasons to be recorded in writing, is satisfied that, in the interest of
security of Pakistan or any part thereof, it is not expedient to give such
an opportunity.

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 proceedings under these rules shall be deemed to be judicial
proceeding within the meaning of sections 193 and 228 of the Pakistan
Penal Code (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 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
(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 showing cause.

8-A . Action in respect of Government servant required to proceed on
leave. -If a Government servant proceeding on leave in pursuance of an
order under sub-rule (1) of rule 5 is not dismissed, removed from service,
reduced in rank or compulsory retired, he shall be required to rejoin duty
and the period of such leave shall be treated as duty on full pay.

9. Procedure of inquiry against government servants serving in Provincial
Governments or working on deputation outside their department or service
to which they belong.- When a government servant, to whom these rules
apply, is serving under a Provincial government or in a department,
outside the department or service to which he belongs, or in a statutory
organization, corporate body, or local authority, and the borrowing
authority wants to initiate disciplinary proceedings against such
government servant under these rules, the borrowing authority shall
forward to the concerned lending authority a report with supporting
documents on the basis of which disciplinary proceedings are proposed,
and, if considered necessary, it may with the approval of the lending
authority place him under suspension or send him on forced leave. On
receipt of report from the borrowing authority, the lending authority
shall take action as prescribed by these rules.

10 Appeal.-A person on whom a penalty is imposed shall have such right of
appeal as may be prescribed under Civil Servants (Appeal) Rules, 1977:

Provided that, where the penalty is imposed by order of the President,
there shall be no appeal but the person concerned may apply for review of
the order.

10-A. Appearance of Counsel.-No party to any proceedings under these rules
before the authority, the authorized officer, and Inquiry Officer or an
Inquiry Committee shall be represented by an advocate.

11 Repeal. -The Government Servants (Efficiency and Discipline) Rules,
1960 in their application to the Government servants to whom these rules
apply and the Civilian Employees in Defense Services (Classification,
Control and Appeal) Rules, 1961 are hereby repealed, but the repeal
thereof shall not affect any action taken or any thing done or suffered
there under.