Disciplinary proceedings under Government Servants (E&D) Rules, 1973 against accused government servants strict observation of rules and procedure.

 Disciplinary proceedings under Government Servants (E&D)

Rules, 1973 against accused government servants strict

observation of rules and procedure.

 

            I am directed to refer to the subject noted above and to enclose herewith a copy of  D.O. letter No.11/5/2000-D.1, dated 27.3.2000 received from Joint Secretary (D&L), Cabinet Secretariat, Establishment Division, Government of Pakistan, Islamabad for guidance and strict compliance.

 

D.O letter

            It has generally been observed that in dealing with disciplinary cases against Government Servants due care is not taken to observe the provisions of Government Servants (E&D) Rules, 1973 and instructions issued thereunder.  Certain legal and procedural irregularities and infirmities have come to the notice of the Federal Government particularly with regard to framing and issuance of Charge Sheet alongwith statement of allegations, appointment of Inquiry Officer/Inquiry Committee and conduct  of inquiry proceedings and undue delay in the finalization of disciplinary proceedings etc. certain omissions are grave in nature and failure to comply with the requirement of Government Servants (E&D) Rules, 1973 can vitiate the proceedings conducted against the accused officer. It is therefore, necessary that extreme care should be taken by the Authorized Officers, Inquiry Officers and the Authorities to ensure that disciplinary cases are dealt with according to prescribed rules and procedure.

 

2.         It is accordingly requested that the instructions issued form time to time particularly the instructions at S.No..97-100 Pages 519-527 ESTACODE 1989 Edition, should be strictly followed by the Ministries/divisions/Departments. For facility of reference following instructions are again circulated for information and strict compliance.

(a)             On receipt of complaint against any officer/official the matter should be placed before the designated authorised officer. It is the authorised officer who has to formulate his opinion and to reach a provisional conclusion regarding charges/allegations against the accused officer/official for which he can order holding of preliminary fact finding inquiry or probe. If in the opinion of the authorised officer the charges/allegations are grave in nature, he may, if competent, pass order to remove the accused officer from his job or recommend the said action. He may also if necessary send the officer on forced leave or recommend suspension of the officer to the authority. Authorised Officer is also competent to initiate proceedings after framing of charges. The E&D Rules have given adequate powers to the authorised officers in this regard. As a uniform policy all accused officers against whom formal proceedings under E&D Rules or criminal proceedings have been initiated, should be removed from their positions till finalization of said proceedings.

 

(b)            In order to conduct inquiry proceedings expeditiously, the competent officers of unimpeachable integrity should be appointed as the inquiry officers/ members of Inquiry Committee by the authorised officers. The Inquiry Officer/members of Inquiry committee should be senior to the accused officer and well aware of the rules/instructions. The provisions laid down in Rules 6 &7 of the Government Servants (E&D) Rules, 1973 regarding conduct of inquiry proceedings should be fully complied with Departmental Representative well conversant with facts and official record should be appointed by the authorised officers where ever required.

 

(c)             The Rule 5 (2) and 5(3) of the Government Servants (E&D) Rules, 1973 give exclusive powers to the authorised officer to decide whether in the light of facts of the case or the interest of justice an inquiry should be conducted or it is not necessary to conduct an inquiry. The final decision to this effect has to be taken by the authorised officer, however in cases where minimum required evidence is available, the inquiry proceedings should be dispensed with and action under Rule 5(3) of the said rules may be taken. The mandatory requirements of issuing show cause notice and reasonable opportunity of written and oral defence through grant of personal hearing should be met before awarding minor penalty to the accused officer or recommending major penalty to the Authority.

 

(d)            The Authorised Officers are required to ensure that disciplinary proceedings are conducted efficiently and expeditiously. They should monitor the proceedings properly and issue instructions to inquiry officer/Inquiry Committee for quick disposal of disciplinary cases.

 

3.         All Ministries/Divisions/Provincial Governments are requested to ensure that provisions of Government Servants (E&D) Rules, 1973 alongwith instructions issued by Establishment Division from time to time regarding conduct of disciplinary proceedings are fully complied with in future by the officers responsible for discharging their duties under the said rules before and during the currency of the disciplinary proceedings against the civil servants as Authority, authorised officer or Inquiry Officer.

 

(Authority Cabinet Sectt: Estab: Divn. Islamabad letter No.11/5/2000-D-1,

Dated 27.3.2000 & S&GAD letter No. SOR-II(S&GAD)5(29)/99/Vol-III, dated 21.4.2000)