Summry of E& D Rules
Summry of E& D Rules
Summry of E& D Rules
(i)
(ii)
[(2) They shall come into force at once and shall apply to every civil
servant].
(2)
834
(3)
(4)
(5)
3.
Grounds for penalty.-Where a Government servant, in the opinion
of the authority
(a)
(b)
(c)
(d)
(ii)
(iii)
4. Penalties.(1) The following are the minor and major penalties, namely
rd
Added vide Estt. Division Notification No. 4/2/77-DI, dated 3 July, 1978.
Sl.No. 1.
@@
835
(a)
Minor Penalties:
(i)
censure;
(ii)
(iii)
(iv)
recovery from pay of the whole or any part of any pecuniary loss
caused to Government by negligence or breach of orders;
(b)
Major Penalties:
(i)
(ii)
compulsory retirement;
(iii)
(iv)
(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)
(b)
(c)
836
(i)
The authorised 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)
(b)
837
recommendations regarding the penalty to be imposed.
authority shall pass such orders as it may deem proper.
The
[(2) The exercise of powers under clauses (i) and (iv) of sub-rule (1) by the
authorised 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
authorised officer shall
(1)
(2)
(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 therefor 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,
838
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 be 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)
839
(b)
840
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 [the 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.
@@
Sl. No. 86
Disciplinary Proceedings Against Accused Government Servants
During a high level meeting chaired by the Chief Executive, it was noted that
the designated Authorized Officers have adequate powers under the Government
Servants (Efficiency and Discipline) Rules, 1973 (Sl.No. 85) to departmentally
proceed against government servants involved in the alleged charges of
misconduct, inefficiency, corruption etc. They have all the powers to take following
actions:
(a) To send such officers on forced leave for a period of three months or
to recommend suspension from service and extension in forced leave
and suspension, in terms of rule 5(1)(i) of the said rules;
841
(b) To frame charges/allegations and to initiate disciplinary action in
terms of rule 5(1)(ii) & (iii) and to impose one or more minor penalties
prescribed in the rules with due process of law after giving a
reasonable opportunity of showing cause;
(c) To recommend to the Authority award of any of the major penalties
prescribed in the rules after due process of law.
2.
The designated Authorities also have the original, as well as,
revisional powers under rule 5(1)(iv) and rule 6-A of the Government Servants
(Efficiency and Discipline) Rules, 1973 (Sl.No. 85) which include powers to call for
record of any case pending before or disposed of by the Authorized Officer and to
pass such order in relation thereto as it may deem fit. Similarly, the appellate
authorities under the Civil Servants (Appeal) Rules, 1977 (Chapter 13, Sl.No. 1)
have full powers to modify the orders passed by the departmental authority or the
Authorized Officer in cases of appeal where the penalty imposed upon the accused
officer is considered inadequate.
3.
The Chief Executive of Pakistan, in the light of the above, has been
pleased to direct that in order to enforce the Government Servants (Efficiency and
Discipline) Rules, 1973 (Sl.No. 85) and the Civil Servants (Appeal) Rules, 1977
(Chapter 13, Sl.No.1) in true spirit, the designated Authorities Authorized Officers
and the Appellate Authorities shall invoke the above mentioned provisions of
law/rules whenever such a situation arises, without any leniency or hesitation for
conclusion of disciplinary proceedings strictly on merit. It is desired that the
aforementioned directions of the Chief Executive be fully implemented and due care
taken to strictly observe the provisions of rules, prescribed procedures and
instructions issued on the subject from time to time.
4. All Ministries/Divisions/Departments are advised to ensure that upto date
lists of all disciplinary cases (initiated, pending and finalized) shall be sent
periodically to the Discipline Wing of the Establishment Division for scrutiny/reassessment etc on the proforma already prescribed vide Establishment Division
O.M. No.1/3/70-D.I, dated 7th May, 1970 (Sl. No. 140).
5.
The above instructions may kindly be communicated to all
concerned for proper guidance and strict compliance in future.
842
[Authority.Establishment Divisions D.O. letter No.11/5/2000/D.I, dated 26-2-2000].
843
Sl. No. 87
Disciplinary Proceedings Under Government Servants (E&D) Rules, 1973
Against Accused Government Servants: Furnishing of Case Material
Instances have come to the notice of the Establishment Division that the
Ministries/Divisions and Provincial Governments, while forwarding the cases for
obtaining the orders of the competent authority i.e. Establishment Secretary under
rule 5 (1) (i) of the Government Servants (E&D) Rules, 1973 (Sl. No. 85), do not
generally observe the provisions of said rules, laid down procedure and earlier
instructions issued on the subject matter. It has particularly been observed that the
copies of relevant documents and case material against the accused officers are not
enclosed as annex alongwith the Summary/Note for the Establishment Secretary,
duly signed by the respective authorized officers on the subject.
2.
All the Secretaries/Additional Secretaries Incharge of Ministries/
Divisions and Chief Secretaries of the Provincial Governments are requested to
kindly ensure that, while forwarding the cases of BPS-17 and above Federal
Government servants for obtaining the orders of the Establishment Secretary under
rule 5 (1) (i) of the Government Servants (E&D) Rules, 1973, following information
and copies of documents be enclosed alongwith the Summary/Note:
(i)
(ii)
(iii)
3.
The above instruction may kindly be communicated to all the
concerned quarters for guidance and compliance in future.
[Authority. Establishment Division O.M. No.11/5/2000-D.1, dated 4-5-2000].
For subsequent order on the subject and the cases after the promulgation of Removal from Service (Special
Powers) Ordinance, 2000. Ref. Sl. Nos. 185 to 213.
844
Sl. No. 88
Applicability of Disciplinary Proceedings Against Dismissed, Removed or
Compulsorily Retired Civil Servants
On a directive from the Chief Executive Secretariat, the question, as to
whether any order under the Government Servants (Efficiency and Discipline)
Rules, 1973 (Sl. No. 85) can be passed against a civil servant who already stands
dismissed from service, has been examined in consultation with Law, Justice &
Human Rights Division. It has been clarified that if a person is dismissed or
removed from service or compulsorily retired, he does not retain the status of a
civil servant for the purpose of any other disciplinary proceedings or imposition of
any other penalty. There is a concept of law that the process of appeal is the
continuation of the original proceedings, therefore, if a dismissed, removed or
retired employee moves a departmental appeal or representation or files an
appeal before the appropriate judicial forum he is deemed to be a civil servant for
that particular matter only under the said concept of continuation of status during
the process of appeal.
2.
Where an appeal is filed, the appellant may be treated as a civil
servant for the purpose of disposal of that appeal only and the result of any other
inquiry that may have been conducted may be held in abeyance. However, if the
dismissed, removed or retired person does not file any appeal, the order of
dismissal, removal from service or compulsory retirement will attain finality and the
result of the other inquiry will become infructuous.
[Authority: Estt. Div.s O.M.No.SCE/6/97, dated 14.1.2002].
Sl. No. 89
Clarification in Regard to Invocation of Rules 3 and 8 of the Government
Servants (Efficiency & Discipline) Rules, 1973 after Coming into Force of the
Removal From Service (Special Powers) Ordinance, 2000
See Sl. No. 196.
Sl. No. 90
Review of Rule Framework on Efficiency and Discipline of Autonomous Bodies
etc. for Incorporation of the Provisions At Par With Article 194 of Civil Services
Regulations, as Amended
The Prime Ministers Office, while examining the report in a case of criminal
offence committed by an employee of an autonomous body, has observed that
departmental proceedings and actions under the criminal law are not mutually
exclusive and could be taken simultaneously without prejudice to the outcome in
either proceedings. Despite this legal position, the organizations report shows that
the court was successfully persuaded in this case by the accused officer to grant bail,
845
inter alia, for the reason that no departmental proceedings had been initiated against
him; thereafter, on their part the organization also proceeded further and reinstated
the officer to his substantive position on the basis of bail grant order in his favour, to
reinforce and obviate any legal challenge. It was obvious then that the relevant
authorities of the organization did not apply their own mind to the facts and merits of
the case leading to the registration of the case, and to determine the desirability or
otherwise of initiating the Efficiency and Discipline proceedings against the accused
officer. Such indifference and apathy also reflects connivance on the face of record,
was unjustified and hence unacceptable. Prime Ministers Office has requested the
Establishment Division to examine the matter in detail; also to advise all
Ministries/Divisions to direct the State Enterprises/Autonomous Bodies under their
administrative control/responsibility to review their rule-framework on Efficiency and
Discipline for incorporation of the provisions at par with Article 194 of the Civil Service
Regulations, as amended.
2. The instruction printed at Serial No.118 (pages 542-543 of ESTACODE
1989 edition) provide as under:
(i)
(ii)
(iii)
846
It has been observed that to above instructions are not fully followed by the
Ministries/Divisions while dealing with criminal cases.
3. In view of the above, all Ministries/Divisions are requested to strictly follow
the instructions contained in Establishment Divisions Office Memorandum vide
Establishment Division OM No. 4/5/69-D.I, dated 17th June 1969 (Sl. No 136). They
are also advised that above instructions may be brought to the notice of Heads of all
Attached Departments/Subordinate Offices/Autonomous Bodies/State Enterprises
etc., and the staff working under them for their strict compliance.
[4.Ministries/Divisions
are
further
advised
to
direct
the
State
Article 351.
***
847
Article 351-A. The Governor-General* reserves to himself the right to order the
recovery from the pension of an officer who entered service, of any
amount on account of losses found in judicial or departmental
proceedings to have been caused to Government by the
negligence or fraud of such officer during his service:
Provided that
(1)
such departmental proceedings, if not instituted while the
officer was on duty:
(i)
(ii)
(iii)
(iv)
(2)
(3)
Article 351-B. The government may, within one year from the date of issue of
Pension Payment Order, recover any of its dues from the pension
granted to a civil servant, subject to the condition that no recovery
shall be made from the pension without the personal order of the
Head of the Ministry or Division or Head of the Department,
declared as such under S.R. 2(10) and included in Appendix
No.14 Vol. II of the Compilation of the Fundamental Rules and
*
848
Sl. No. 91
Designation of `Authority' and `Authorised Officer' under Rule 2 of the
Efficiency and Discipline Rules in Respect of Employees of the Federal
Secretariat
In exercise of the powers conferred by sub-rules (2) and (3) of rule 2 of the
Government Servants (Efficiency and Discipline) Rules, 1973 (Sl.No. 85), and in
supersession of the Establishment Division's Notification No. S.R.O. 1562(I)/73, dated
7-11-1973*, the President is pleased to designate the officers specified in column (3)
of the table below to be the authority, and to authorise the officers specified in column
(4) of the said table to be the authorised officer, in respect of the government servants
specified in column (2) of that table employed in the Federal Secretariat or serving in
a post, or belonging to a service or cadre, administratively controlled by a Ministry or
Division:-
849
TABLE
Sl. No. Government Servant
(1)
(2)
[1.
Authority
(3)
Authorized Officer
(4)
Prime Minister@
[ ]
3.
Prime Minister
@@
4.
5.
Joint Secretary
6.
Deputy
Secretary
Section Officer
Secretary
Secretary
Secretary]
Additional
Secretary
Sl.Nos.1 & 3 of the Table amended vide Estt. Div.s Notification No.S.R.O.1011(I)/85, dated 20-10-1985.
Subs vide Estt. Div.s Notification No. S.R.O. 96(I)/84, dated 28-1-1984.
Subs vide Estt. Div.s Notification No. S.R.O. 96(I)/84, dated 28-1-1984.
@
Note.- In the existing rules, for the allocation and transaction of the business of the Federal Government,
wherever the words "Prime Minister" occurred the same was deemed substituted by the word "Chief Executive"
vide Order No.7 of 1999, dated 30-10-1999. The position has reversed, as the Prime Minister is now the
authority. Ref. rule 6 of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 as subs. Vide
Estt. Div. Notification SRO No. 1(1)/2003, dated 1.1.2003, w.e.f. 23.11.2002, Chapter 2, Sl. No. 1.
@@
Secretary includes Secretary General, Acting Secretary and Additional Secretary Incharge of a Division. (Subs
vide Estt. Div.s Notification No. S.R.O.1336(I)/81, dated 14-12-1981).
850
Secretary, Joint Secretary, Deputy Secretary or Section Officer of that Ministry or
Division.
*
[Explanation 3.-The words "Basic Pay Scale", wherever occurring in column 2 of the
table means appointment to the post in that Basic Pay Scales].
[Authority.- Estt. Div.s Notification No. S.R.O. 615(1)/79, dated 5-7-1979].
Sl. No. 92
Designation of Appointing Authority under Rule 6 of the Civil Servants
(Appointment, Promotion and Transfer) Rules, 1973 and Designation of
Authorized Officer Under the Government
In pursuance of government policy of decentralization and devolution of
powers the following amendments have been made in the Civil Servants
(Appointment, Promotion and Transfer) Rules, 1973 and Government Servants
(Efficiency and Discipline) Rules, 1973** : (i)
(ii)
Added vide Estt. Div.s Notification No. SRO 1227(1)/91, dated 2-12-1991.
Sl. No. 85.
***
Sl. No. 1, Chapter 2, Vol. I.
**
851
Sl. No. 93
Designation of Authority and Authorized Officer in Attached Departments and
Subordinate Offices
A reference is invited to Government Notification forwarded to all
Ministries/Divisions etc. vide Establishment Division endorsement of even number
dated 7-11-1973* wherein Authority/Authorized Officers in respect of government
servants in the Federal Secretariat have been designated under sub-rules (2) and (3)
of rule 2 of Government Servants (Efficiency and Discipline) Rules, 1973 (Sl.No. 85).
It may be stated that similar action is required to be taken in respect of government
servants in various Attached Departments and Subordinate Offices of the Federal
Government.
2. It is, therefore, requested that Ministries/Divisions may kindly take action for
designation of Authority and Authorized Officer for government servants in the
Attached Departments and Subordinate Offices under them. The Establishment
Division may be consulted before formal notification is issued.
[Authority.- Estt. Div.s O.M.No.7/l/73-D.I., dated 17-11-1973].
Sl. No. 94
Designation of Authority/Authorized Officers for Government Servants in BPS16
According to the amendment in the Civil Servants (Appointment, Promotion
and Transfer) Rules, 1973**, the appointing authority for government servants in
Grade 16, is now Secretary of the Ministry or Division concerned or the Head of
Department ***[or an officer notified by Head of the Department or Head of
Subordinate Office].
2. It is requested that the amendment in the Civil Servants (Appointment,
Promotion and Transfer) Rules, 1973* quoted above may please be kept in view by
the Ministries/Divisions while formulating their proposals for designation of Authority
and Authorised Officer in respect of government servants in Attached and
Subordinate Offices under them.
3. In some cases, "Authority" and "Authorised Officer" have been notified by
the Ministries/Divisions in respect of government servants in the
Attached/Subordinate Offices, under them. It is requested that position in this regard
may kindly be reviewed, especially with respect to government servants in
Grade 16.
[Authority.- Estt. Division O.M.No.7/l/73-D.I, dated 2-4-1974].
th
Establishment Division Notification No. SRO 1562/73, dated 7 November, 1973, Annex to Sl. No. 100.
Sl. No. 1, Chapter 2.
***
Subs. Vide Estt. Div. Not. No. SRO 34(1)/99, dated 18-1-1999.
**
852
Sl. No. 95
Clarification Regarding Authority (Authorized Officers) for Government
Servants Belonging to Groups/Services or Serving in Departments/Offices
A doubt is being felt by some Ministries/Divisions whether the Establishment
Division's Notification No. S.R.O. 615 (I)/79, dated the 5th July, 1979 (Sl.No. 91),
notifying authority and authorised officer in respect of government servants
employed in the Federal Secretariat or serving in a post, or belonging to a service or
cadre administratively controlled by a Ministry or Division, is also applicable to
government servants serving in the Attached Departments and Subordinate Offices.
Explanation-2 below the aforementioned Notification covers a government servant
serving outside the Federal Secretariat whether in a Provincial Government or in an
autonomous body, who is serving in a post, or belongs to a service or cadre
administratively controlled by a Ministry or Division e.g. officers of Police Group
administratively controlled by the Establishment Division or of Military Lands and
Cantonments Group similarly controlled by the Ministry of Defence. In that case,
officers of controlling Ministry/Division designated as authority and authorised
officer vide Notification No. S.R.O. 615(I)79, dated the 5th July, 1979 (Sl.No. 91) will
be the authority and authorised officer. But in so far as government servants
belonging to Attached Departments and Subordinate Offices are concerned, they are
not covered by the Establishment Division aforementioned Notification. In their case,
Ministries/Divisions concerned are required to notify authority and authorised officer
separately in accordance with the Government Servants (Efficiency and Discipline)
Rules, 1973 (Sl.No. 85), as already envisaged in the Establishment Division O.M. No.
7/l/73-D I, dated the 17th November, 1973 (Sl. No. 93).
[Authority.- Estt. Division O.M.No.3/3/80-D.1, dated 1-1-1981].
Sl. No. 96
Designation of Authority and Authorised Officer Under Rule 2 of the
Efficiency and Discipline Rules in Respect of Employees of an Attached
Department or a Subordinate Office of the Federal Government
In exercise of the powers conferred by clauses (2) and (3) of rule 2 of
Government servants (Efficiency and Discipline) Rules, 1973 (Sl.No. 85), the
President is pleased to designate the officers specified in column (3) of the table
below to be the authority and the officers specified in column (4) of that table to be the
authorised officers in respect of the government servants, specified in column (2)
thereof, employed in an attached department or a sub-ordinate office of the Federal
Government.
Renamed as Police Service of Pakistan. Ref. Chapter 8, Sl. No. 13, Vol. I.
853
S.No.
1.
2.
Government Servants
Government servants holding
posts in Basic Pay Scale 21
or equivalent and above.
Government servants holding
posts in Basic Pay Scale 17
to 20 or equivalent.
Authority
Prime Minister
Authorized Officer
To be designated by
Prime Minister
Prime Minister
3.
4.
[5.
6.
@@
Note.- For the allocation and transaction of the business of the Federal Government, wherever the words "Prime Minister"
occurred the same was deemed substituted by the word "Chief Executive" vide Order No.7 of 1999, dated 30-10-1999. May now
be read Prime Minister as in the table.
**
Omitted vide Estt. Div. Notification No. SRO 35(1)/99, 18-1-1999.
***
Added ibid.
@
Added vide Estt. Division Notification No. S.R.O. No.128(I)/99, dated 1-3-1999.
@@
Under section 6 (ba) of NAB Ordinance, 1999 (as modified upto 22nd January, 2003), the Chairman, NAB is to be a retired
Chief Justice or a Judge of the Supreme Court or a Chief Justice of a High Court or a retired officer of the armed forces
equivalent to a Lieutenant General or a retired Federal Government officer in BPS 22 or equivalent Chairman. NAB
Employees Terms and Conditions of Service (TCS), 2002, determined in exercise of the powers conferred by section 28-C of
NAB Ordinance, 1999 contain the following Table in TCS 11.01.
11.01.
Competent Authority
For the purpose of provisions in this Chapter, the officers specified in column 3 of the table below are designated as
Competent Authority and those in column 4 as authorized officer in respect of the employees specified in column 2
of the table.
Table
S.No.
(1)
(a)
(b)
(c)
Description of Employees
(2)
Basic Pay Scale 20 and above
Basic Pay Scale 16 to 19
Basic Pay Scale 1 to 15
Competent Authority
(3)
President
Chairman
Director General
(Administration)
Authorized Officer
(4)
Chairman
Director General (Administration)
Director (Admn.) of HQ or
Incharge of RNAB
854
*
[7.
8.
Prime Minister
Establishment Secretary.
Secretary Ehtesab
Commission.
9.
Secretary Ehtesab
To be designated
Commission
by the Authority
in column (3).
10.
Government servants holding
Director (BPS-19) in
To be designated
posts in Basic Pay Scale 1 Ehtesab Commission
by the Authority in
and 2.
column (3)].
(In the Secretariat Training Institute, Islamabad)
**
11.
Government servants holding
Prime Minister
[Establishment Secretary]
posts in Basic Pay Scale 17 to 20
***
[12.
Basic Pay Scale 17 to 18.
Prime Minister
(//)
13.
Basic Pay Scale 1 to 16.
Director, Secretariat
(//)
Training Institute].
(In the Office of the Auditor General of Pakistan and Subordinate Offices of the Pakistan Audit
Department)
@
[14. Government servants who are Prime Minister
To be designated by the
members of the Accounts
Prime Minister
Group*** holding posts in Basic
Pay Scale 21 and above.
15.
Government servants holding
Prime Minister
Auditor General
posts in Basic Pay Scale 17
to 20 borne on the InterDepartmental Cadre in the
Accounts Group@@.
16.
Government servants holding
Prime Minister
Auditor General
posts in Basic Pay Scale 17
borne on the Departmental
Cadre in the Pakistan Audit
Department.
17.
Government servants holding
Prime Minister
Auditor General].
posts in Basic Pay Scale 17
to 20 in the Pakistan Audit
Department excluding
Government servants holding
cadre posts in the InterDepartmental Cadre or
Departmental Cadre.
Prime Minister
Added vide Estt. Division Notification No. S.R.O. No.1178(I)/99, dated 4-10-1999.
**
Added vide Estt. Division Notification No. S.R.O. No.174(I)/96, dated 29-2-1996.
Added vide Estt. Division Notification No. S.R.O. No.1121(I)/95, dated 7-11-1995.
@
Added vide Estt. Division Notification No. S.R.O. No.1013(I)/98, dated 3-10-1998. For Accounts Group, read
th
Pakistan Audit & Accounts Service, vide Estt. Div. OM No. 1/17/92-CPII dated 10 December, 2002. Ref.
Chapter 8, Sl. No. 12, Vol.I.
@@
Now Pakistan Audit & Accounts Service. Chapter 8, Sl. No. 12, Vol. I.
***
855
2. For the purpose of the entry in column (4) against serial No.3 and the
entries in column (3) and (4) against Sl. No.4, more than one officers may be
designated as authority and authorized officers.
3. Notwithstanding anything to be contrary hereinbefore contained, all
notifications or orders issued by any Ministry or Division specifying authorities' and
authorised officers' in respect of the government servants to whom this notification
shall apply and in force before the issuance of this notification shall continue and
remain in force till finalization of disciplinary proceedings initiated against any such
Government servant.
[Authority: Estt. Div.s Notification No. S.R.O.No. 429(1)98, dated 30-4-1998].
Sl. No. 97
Procedure for Obtaining Orders of the President or Prime Minister in
Disciplinary Cases
It has been decided that in future, all the summaries for the President/Prime
Minister in disciplinary cases should invariably be accompanied by the information
desired in the enclosed proforma. The cases/ summaries received without this
information will be returned back to their respective Ministries and Divisions.
[Authority.- Estt. Division d.o.letter No.3/4/83-D-2, dated 24-3-1983].
BIO-DATA
(See Sl. No. 97)
(TO BE USED IN DISCIPLINARY & OTHER CASES)
1.
(c)
(d)
(e)
Total ACRs
BPS.
Annual Confidential Report (ACR) renamed as Annual Restricted Report (ARR)
856
shown against Average & Below Average ACRs).
Note:
(1)
Any missing ACRs with reasons.
(2)
Photo of the Officer is affixed in the C.R.dossier or not and
reasons if missing.
(f)
(g)
Adverse Remarks.
. .
Sl. No. 98
Powers of the Authorized Officer to Suspend a Government Servant or to
Send Him on Leave
Rule 5(1) of the Government Servants (E&D) Rules, 1973 (Sl.No. 85)
provides that 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 "authority", suspend him, provided that any continuation of
such leave or suspension shall require approval of the "authority" after every 3
months. Rule 5(4) of above rules further provides that if on receipt of the report of
inquiry officer or inquiry committee, or, where no such officer or committee is
appointed, on receipt of the explanation of the accused, the "authorized officer"
proposes to impose a minor penalty, he shall pass orders accordingly. Following
questions have accordingly arisen in the context of above rules:-
(a)
Whether specific approval of the "authority" will be required for
reinstatement of the government servant concerned if the "authorized officer"
imposes upon him a minor penalty before expiry of the current period of suspension
or whether an order for the reinstatement of government servant can be passed by
the "authorized officer" himself?
(b)
Whether the order of suspension or forced leave under rule 5(4) of
above rules will automatically abate if the approval of "authority" to the continuation
of such forced leave or suspension of a government servant is not obtained after
every 3 months?
857
(a)
Since under rule 5 of the Government Servants (Efficiency and
Discipline) Rules, 1973 (Sl.No. 85), the `authorized officer' can only suspend a
government servant after obtaining the approval of the "authority", on the basis of
the principle embodied in section 25 of the General Clauses Act, 1897 the
"authorized officer" would be competent to reinstate the government servant only
with the approval of the "authority".
(b)
Since continuation of forced leave or suspension beyond a period of
three months again requires the approval of the "authority" it would appear that on
expiry of the said period of three months the government servant who has been
placed under suspension or forced to proceed on leave would be deemed to have
been reinstated unless before the expiry of the said period the approval of the
"authority" to the government servant continuing to be under suspension or on leave
has been obtained.
[Authority.- Estt. Division O.M. No.7/2/75-DI. dated 22-2-1975].
Sl. No. 99
Approval of Competent Authority for Extension in Suspension
A reference is invited to the Establishment Division Office Memorandum of
even number, dated the 22nd February, 1975 (Sl.No. 98), wherein the legal position
with regard to suspension, extension of suspension period and reinstatement of the
civil servants was explained.
2. It has come to the notice of the Establishment Division that, on the basis
of the above instructions, civil servants under suspension are being re-instated on
the ground that approval of the authority for their continued suspension was not
obtained before the expiry of three months of their suspension or the extended
period of suspension.
3. It may be clarified that the intention of the Establishment Division in
circulating the legal position contained in the O.M. referred to above was to impress
upon the Ministries/Divisions the importance of obtaining the approval of the
authority for the continued suspension of a civil servant well in time. As has been
stated in para 2 (b) of O. M. referred to above, it is necessary to obtain orders of the
authority for the reinstatement of a civil servant who is under suspension.
4. Ministries/Divisions are requested to take necessary steps to obtain the
approval of the authority for suspension of a civil servant after every three months
well in time before the expiry of the period of suspension. In no case should a
government servant under suspension be re-instated without the approval of the
authority.
[Authority.- Estt. Division O.M.No.7/2/75-DI, dated 16-3-1976].
858
the rank of Grade-17 and above have been suspended by the Ministers as a
measure of disciplinary action. While it is not the intention that action should not be
taken against a government servant guilty of misconduct, corruption or for
inefficiency, it is a matter of some importance that the correct procedure should be
followed in each case. Observance of correct procedure is essential not only in the
interest of justice but also to ensure that Government Servants (Efficiency and
Discipline) Rules, 1973 (Sl.No. 85) are complied with. The position is further clarified
in the following paragraphs:2. Under rule 3 of the above rules, action against a government servant can
be taken if he (a)
(b)
is guilty of misconduct; or
(c)
(ii)
BPS.
859
(b)
(c)
Unless there is some very strong reason why the offender should not
be allowed to continue to work until the case has been decided,
suspension should not be resorted to.
4. Under sub-rule (2) of rule 2 of the rules, the authority for the officers of
Grade** 17 to 20 is the Prime Minister as notified in the Establishment Division
Notification No. S.R.O.1562(I)/73, dated the 7th November, 1973***. If it is desired to
suspend an officer of Grade** 17 to 20 the approval of the Prime Minister for his
suspension will have to be obtained.
5. It should be decided 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. The orders of the Minister may be obtained before a decision is
taken. If it is decided that it is not necessary to have an inquiry conducted, the
accused should be informed of the action proposed to be taken in regard to him and
the grounds of the action and give him a reasonable opportunity of showing cause
against that action. However, no such opportunity may 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.
6. If it is decided to hold an inquiry against an accused officer through an
Inquiry Officer or Inquiry Committee, the following action should be taken:
(1)
(2)
Note: See Sl.No. 85, sub rule (2) of rule 2, as amended vide Estt. Div. Notification SRO 336(1)/2000 dated
14.6.2000 under which the authority means the appointing authority prescribed in rule 6 of the Civil Servants
(Appointment, Promotion and Transfer) Rules, 1973 (Chapter 2, Sl.No. 1, Vol.I). The appointing authority of
the officers in BPS 17 to 19 is now the Secretary of the Ministry/Division or Head of the Department
administratively controlling the Occupational Groups/Services/Cadres. The Prime Minister is the appointing
authority in respect of officers in BPS 20 and above.
**
BPS
***
See Annex to Sl. No. 100.
860
(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,
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 grounds thereof to the Secretary/ Additional
Secretary.
(ANNEX)
(See Sl. No. 100)
[Copy of Establishment Division Notification No. SRO 1562 (1)/73, dated
7th November, 1973].
BPS.
Ref. Footnotes w.r. to paras 3 & 4 above.
861
Prime Minister
Nil.
(2)
Nil.
(3)
(4)
(5)
Secretary
Joint Secretary
(6)
Joint Secretary
Deputy Secretary
(7)
Deputy Secretary
Section Officer.
Secretary
Secretary
th
Secretary
Note 1.
Reference Establishment Division (Administrative Reforms Cell),
Acts, Rules, Regulations, Instructions, etc. published by Establishment
Division on 30th November, 1973.
Note 2.
The Annex above was superseded vide Sl. No. 84 (Estacodes,
1989, pages 500-501). The position was reviewed during the period from
7.11.1995 to 30.10.1999 (Sl. No. 83, pages 562-565, Estacode, 2000). The
present position is as at Sl. No. 91 read with Sl. No. 96
Additional Secretary or Joint Secretary, as the case may be, where there is no Secretary.
@
Refer to Sl. No. 91.
862
Sl. No. 101
Appointment of an Inquiry Officer Under the Government Servants (Efficiency
& Discipline) Rules, 1973
Under rule 5 (1) (ii) of the Government Servants (Efficiency and Discipline)
Rules, 1973 (Sl.No. 85), the "Authorised Officer" has the powers to order holding of
inquiry against an accused government servant through an Inquiry Officer or Inquiry
Committee. It has been noticed that sometimes the Ministries/
Divisions/Departments appoint Inquiry Officers who are junior to the accused
government servant.
2. It is clarified that it is not appropriate to appoint an "Inquiry Officer" junior
to the officer being proceeded against under the aforementioned rules as that could
lead to administrative and legal complications at a later stage. All
Ministries/Divisions are, therefore, advised to keep this aspect in view while
appointing inquiry officers in cases involving disciplinary cases under the E&D
Rules.
[Authority.- Estt. Division O.M. No. 16/61/94-R.2, dated 24-1-1995].
863
action.
[Authority.- Estt. Division O.M.No.16/29/96-R.2, dated 17-6-1996].
864
Submission of Summaries to the President
Rule 5 (1) of the Government Servants (Efficiency and Discipline) Rules,
1973 provides that in a 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 3
months.
2. It has been observed that the Secretaries of the Ministries/Divisions
concerned do not submit summaries for the *President for the continuation of the
period of suspension of Government Servants where the *President is the authority,
after every three months well in time. At times they do not at all move the proposal
for further continuation of the period of suspension after a government servant has
been initially suspended for a period of three months.
3. As it is mandatory under the rules to obtain the approval of the authority to
the continuation of the period of suspension after three months, it is imperative that
in cases where the *President is the authority the proposals for extension of
suspension period should reach the Establishment Division in the form of "Summary
for the *President" addressed to COS to the *President at least a fortnight before the
expiry of initial/extended period of suspension.
4. It is, therefore, requested that action should be initiated in good time to
avoid complications later on.
[Authority.- Estt. Division D.O.letter No.10/6/79-C.II(B), dated 30-10-1979].
After the word "President" the words "or Prime Minister" stand added vide Estt. Division Notification No. S.R.O.
43(1)/86, dated 7-1-1986. Footnote ** on proviso to rule 5 of Government Servants (Efficiency and Discipline)
Rules, 1973. (Sl. No. 85). The Chief of Staff (COS) would, in the present context, imply the Principal Secretary to
the Prime Minister.
865
Rules), 1973
Instances have come to the notice of the Establishment Division where the
penalty of stoppage of increment under Government Servants (Efficiency &
Discipline) Rules, 1973 (Sl.No. 85), has been imposed on government servants,
who have reached the maximum of the pay scale thus making the penalty
ineffective. It is, therefore, necessary that the stage of the pay scale at which a
government servant is drawing pay is kept in view by the competent authority before
imposing the penalty of stoppage of increment under the above rules.
[Authority.- Estt. Division O.M.No.31/46/86-R-3, dated 7-12-1986].
(b)
866
Now it would mean the competent authority under the Government Servants (E&D) Rules, 1973 (Sl. No. 85)
and instructions/orders relating thereto and the Removal from Service (Special Powers) Ordinance, 2000
(Sl. No. 185), as the case may be.
867
Under the provisions of rule 6-A of the Government Servants (Efficiency and
Discipline) Rules, 1973 (Sl.No. 85), 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. To enable the `Authority' to perform its function more effectively under the
provision of said rule, it has been decided that in future, whenever the disciplinary
proceedings are completed against a civil servant of the Federal Government in
BPS 17 and above, copies of the record of the proceedings viz: charge sheet
alongwith statement of allegations; show cause notice, if issued instead of charge
sheet; report of the Inquiry Officer and the final orders, be endorsed to
Establishment Division, Joint Secretary (Discipline).
3. The above decision may also be brought to the notice of all Attached
Departments/Subordinate Offices for strict compliance in future.
[Authority.- Estt. Division O. M. No. 2/83/80-C. II(B), dated 17-11-1980].
868
opportunity of showing cause against the proposed action. It has been pointed out
by the ServicesTribunal that there are decisions of the superior courts on the point
that whenever any discretion is given to an authority, it has to be exercised not
arbitrarily but honestly, justly, and fairly in the spirit of rules, and on judicial grounds
and for substantial reasons. For this purpose, the nature of allegations against the
accused has to be considered. In a case where it is clear to the authorized officer
that the accused can be given reasonable opportunity of showing cause against the
action proposed to be taken e.g. where the allegations could be decided by
reference to record in a summary manner, the procedure under sub-rule (iii) of rule
5(1) may be adopted. Otherwise, the ends of justice would be served by ordering
an inquiry through an Inquiry Officer or Inquiry Committee.
3. In a Show Cause Notice, the proposed action is required to be specified,
and no general mention is to be made by reference to all the minor or major
penalties in the rules.
4. Further, serving of a Show Cause Notice and mere reply thereto in denial
of allegations or mere questions and answers do not amount to affording the
accused a reasonable opportunity of showing cause as required by clause (b) of
rule 5 (l) (iii) of the Government Servants (Efficiency and Discipline) Rules, 1973
(Sl.No. 85). The requirement of reasonable opportunity of showing cause against
proposed action will only be satisfied if particulars of the charge or charges,
substance of evidence in support of the charges and specific punishment which
would be called for after the charge or charges are established are communicated to
the civil servant who is given reasonable time and opportunity to show cause.
[Authority.- Estt. Division O.M. No. 6/8/79-D.I., dated 10-7-1979].
869
be specified. The proposed penalty or penalties are specified in the:
(i)
(ii)
4.
The above instructions may also be brought to the notice of attached
departments/subordinate offices for compliance in future.
[Authority.- Estt. Division O.M. No. 2/1/82-D-2, dated 11-1-1982 as modified vide
Estt. Division O.M. of even number dated 3-7-1985].
870
3.
(i)
(ii)
(iii)
The cases in which a penalty is enhanced may be as follows:Where the authority decides to enhance the penalty proposed by the
authorized officer and which is greater than the maximum penalty
shown in the show cause notice issued by the authorized officer in
terms of rule 5 (1) (iii) of the Government Servants (Efficiency &
Discipline) Rules, 1973 (Sl.No. 85), or in the show cause notice
issued by the authorized officer in terms of rule 5(1) (iv), after
considering the inquiry report, as the case may be; or
Where the authority in exercise of its revisionary powers under rule
6-A of the rules, decides to enhance a penalty already imposed in a
case already disposed of or which, in a pending case,is greater than
the penalty shown in the show cause notice; or
Where the appellate authority, in exercise of its appellate jurisdiction,
decides to enhance the penalty already imposed on the appellant.
4.
The Ministries, Divisions and Departments are advised to ensure
that in all such cases as are mentioned above, before the penalty is enhanced a
show cause notice is invariably issued and the accused/appellant is given an
opportunity of being heard in person.
[Authority.- Estt. Division O.M. No. 4/42/83-D.2, dated 29-7-1985].
871
(ii)
(iii)
3. It has been observed that in some cases due regard was not paid to the
above instructions. All Ministries and Divisions are requested to ensure that the
above instructions are strictly observed in all cases to preclude legal/procedural
objections.
[Authority.- Estt.Division O.M.No.16/8/98-R.2, dated 19-3-1998].
872
8(b) is satisfied about the genuineness of the report, it may invoke the provision
contained in the said rule. The publication of a notice in newspapers may not be
resorted to.
3. The publication of notice in the newspapers, in such cases should,
however, be resorted to in very rare cases where the competent authority is not in a
position to record reasons for its satisfaction as to the practicability of affording the
accused an opportunity of showing cause. There a lack of response to such a notice
may induce that authority to be so satisfied.
4. The above instructions may please be brought to the notice of all
concerned for strict compliance in future.
[Authority.- Estt. Division O.M.No.4/18/83-D-2, dated 15-2-1984].
873
of misconduct.
3. In this connection, a reference is also invited to the Establishment Division
O.M. No. 4/18/83-D.2, dated 15th February, 1984 (Sl.No. 114), bringing out the
requirement of rule 8, clause (b) and the circumstances in which that rule can be
involved. According to rule 8(b), nothing in rule 5 (containing inquiry procedure) will
apply to a case where the competent authority is satisfied that for reasons to be
recorded, in writing, it is not reasonably practicable to give the accused an
opportunity or showing cause. If all efforts to communicate with the accused through
normal channels (like sending him the notice or charge sheet by registered post to
his known addresses) fail, that may induce the authority to be so satisfied. For this
purpose, publication of charge sheet or show cause notice, as the case may be, in
the national press is certainly not required. However, if in rare cases, the competent
authority is unable to satisfy itself that it is not reasonably practicable to
communicate with the accused, the competent authority may publish the notice i.e.
show cause notice in terms of rule 5 (1) (iii) of the Government Servants (E&D)
Rules, 1973 or rule 5 (l) (iv) or charge sheet in terms of rule 6 (as the case may be)
in the newspapers and any lack of response to it may satisfy the competent
authority that it is not responsibly practicable to give the accused an opportunity of
showing cause.
[Authority.- Estt. Division O.M.No.4/18/83-D.2, dated 9-7-1985].
874
the Establishment Division. In Establishment Division O.M. No. 4/20/82-R.I, dated
20th July, 1982 (Sl. No.119), it was further laid down that, in future, after the
authorized officer has considered the inquiry report and arrived at a provisional
conclusion as to the penalty to be imposed on the accused, the accused should be
supplied with a copy of the inquiry report and asked to show cause, within a
specified time, as to why the particular penalty should not be imposed on him and
any representation submitted by the accused in his behalf should be taken into
consideration before final orders are passed.
3. It is requested that the instructions issued from time to time and
particularly the instructions in the Office Memoranda quoted in para 2 may strictly be
followed in future by the Ministries/Divisions and by departments and offices under
their administrative control. For facility of reference, the instructions contained in the
three office memoranda quoted in para 2 have been consolidated in a fresh check
list, which is attached to this letter as Annex. It should always be consulted while
processing disciplinary cases.
[Authority.- Estt. Secretary's d.o. letter No.3/l/85-D.2, dated 26-3-1985].
(ANNEX)
(See Sl. No. 116)
CHECK-LIST OF REQUIREMENTS TO BE NOTED WHILE
TAKING ACTION UNDER GOVERNMENT SERVANTS
(EFFICIENCY & DISCIPLINE) RULES, 1973 (Sl. No. 85)
Authority.- To ensure that:The President has been pleased to designate the officer or authority to
exercise his powers as Authority under rule 2(2).
Authorized Officer. - To ensure that:1.
The officer exercising the powers of Authorized Officer has been
authorized by the Authority to act as such in terms of rule 2(3).
2.
The Authorized Officer while exercising his discretionary powers of
suspension under rule 5(1) (i) has obtained prior approval of the
Authority in writing before issuing orders suspending the accused
officer. The summaries for authority seeking its approval for
suspension or extension of suspension period are signed by the
authorized officer and not by any other officer. Further, an officer can
be suspended only if he is accused of subversion, corruption or
misconduct rule 5 (1) (i).
3.
Formal approval of the Authority is available for continuation of the
suspension period after every three months rule 5 (1) (i).
4.
875
5.
No officer other than the Authorized Officer has decided that in the
light of the facts of the case or in the interest of justice an inquiry
should be conducted through an Inquiry office or Inquiry Committee,
rule 5(1)(ii).
6.
Considering the nature of charges and other facts, the decision not
to hold an inquiry has been taken judiciously and not arbitrarily.
Before taking such a decision, the authorised officer has taken into
consideration the nature of charges and other facts and has satisfied
himself that the allegations against the accused could be decided
without holding an enquiry.[Rule 5(1)(iii]. (Though it is not a
requirement of the rule that the reasons for not holding an inquiry be
recorded, yet the check-point is necessary to ensure that the
decision is in the interest of justice as required by rule and that there
is no violation of the law of natural justice).
7.
8.
9.
10.
11.
The procedure laid down in Rule 5 (1) (iii) is followed in case the
Authorized Officer in exercise of his discretion has decided to
dispense with holding an inquiry through an Inquiry Officer or Inquiry
Committee.
In the show cause notice issued under Rule 5 (1) (iii), the proposed
action and the grounds of the action including particular or particulars
of charges and substance of evidence in support of the charges has
been specified; the grounds for penalty in terms of rule 3 have been
specifically mentioned; the penalty or penalties which would be
called for if the charges are established have been specified and no
general mention has been made by reference to all minor or major
12.
876
penalties. The description of penalties should conform to the
description given in the rules. The show cause notice must be signed
by the authorized officer.
13.
14.
After the authorised officer has considered the inquiry report and
arrived at a provisional conclusion as to the penalty to be imposed,
the accused shall be supplied with a copy of the inquiry report and
asked to show cause, within a specified time, which should not be
less than 7 days and more than 14 days from the date of receipt of
inquiry report, against the particular penalty to be imposed and any
representation submitted by the accused in this behalf shall be taken
into consideration before final orders are passed.
15.
16.
17.
(iii)
Prime Minister.
Principal Secretary to Prime Minister.
877
1.
2.
3.
4.
5.
6.
878
delegated to anyone else.
4. The instructions on the subject may be strictly adhered to which would not
only safeguard the State's interests but would also save the Ministries/Divisions
concerned from avoidable loss of time and energy.
[Authority:- Estt. Division O.M.No.2/52/94-D-I, dated 26-12-1994].
(ii)
(iii)
(iv)
(v)
BPS
879
some of the cases that (a) charge sheet has been signed by an
officer other than the "authorized officer" (b) the charge-sheet is not
accompanied by the statement of allegations, elaborating the
charge; (c) the statement of allegations has not been authenticated
by the "authorized officer".
(vi)
(vii)
Under rule 6 (2), the authorized officer has to afford the opportunity
of personal hearing to the accused officer, if such opportunity is
claimed, before deciding to impose a minor penalty or
recommending to the authority the imposition of major penalty, in
terms of rule 5 (1) (iv). It has been often observed that this
opportunity of personal hearing is confused with the hearing given
by the inquiry proceedings. This is not correct.
(viii)
Under rule 5 (1) (iv), on receipt of the report of the Inquiry Officer or
an Inquiry Committee on receipt of the explanation of the accused to
the show cause notice, if any, the authorized officer has to determine
whether the charge/charges have 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 alongwith the charge-sheet, statement of allegations, 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. It has been generally found that
(a) the Inquiry Officer at times besides giving his findings on the
charges also makes his recommendation regarding the imposition of
a major or minor penalty, (b) the authorized officer does not make
use of his independent judgement, (c) the recommendations of the
authorized officer to the authority are not accompanied by all the
documents mentioned above.
2. The irregularities detailed above are grave in nature and a failure to fully
comply with the requirements of the Government Servants (Efficiency and
880
Discipline) Rules, 1973 (Sl.No. 85) impairs and at times vitiates the disciplinary
proceedings and the order imposing a penalty on an accused is frequently set-aside
by the appellate authority or the Services Tribunal. This not only results in loss of
prestige for the government but also in the loss of unnecessary expenditure which
the government has to incur in defending the appeals of the aggrieved government
servants in the courts of law.
3. It may kindly be ensured that provisions of the Government Servants
(Efficiency and Discipline) Rules, 1973 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, Authorized Officer or Inquiry Officer.
[Authority.- Estt. Div.s D.O. letter No. 553/80-JS(Rev. & D), dated 22-10-1980].
The words "one month" have been substituted by the words "fourteen days" vide Estt. Division O.M. No.
881
against the particular penalty to be imposed and any representation submitted by
the accused in this behalf shall be taken into consideration before final orders are
passed.
4. The procedure described in para 3 may also to followed in those
disciplinary cases which are in progress and have not been finally closed. Even in
cases where the matter has been pending before the Services Tribunal or the
Supreme Court, the proceeding may be started de novo in consultation with the Law
Division, from the stage from which the error could be corrected in the light of the
aforesaid Judgement. Cases finally closed need not be reopened.
[Authority.- Estt. Division O.M. No. 4/20/82-RI, dated 20-7-1982].