Pakistan (Punjab) Legislation

THE PUNJAB REMOVAL FROM SERVICE (SPECIAL POWERS) ORDINANCE 2000

(Pb. Ord. IV of 2000)

Sections

         1.         Short title, extent, commencement and application.

         2.         Definitions.

         3.         Removal from service.

         4.         Suspension.

         5.         Power to appoint Inquiry Officer or Inquiry Committee.

         6.         Powers of Inquiry Officer or Inquiry Committee.

         7.         Procedure to be followed by the Inquiry Officer or Inquiry Committee.

     7-A.         Procedure of inquiry against officers lent to other governments etc.

         8.         Order to be passed upon a finding.

         9.         Representation and review.

     9-A.         Special Powers

     9-B.         Appearance of a counsel

       10.         Appeal.

       11.         Ordinance to override other laws.

       12.         Proceedings under this Ordinance.

       13.         Pending proceedings to continue.

       14.         Pensionary benefits, etc.

       15.         Power to make rules.

       16.         Removal of difficulties.

 

^[1]THE PUNJAB REMOVAL FROM SERVICE (SPECIAL POWERS) ORDINANCE 2000

(Pb Ord IV of 2000)

[18 September 2000]

An Ordinance to provide for dismissal, removal, compulsory retirement from service, reduction to a lower post or pay scale and other penalties in respect of corrupt and inefficient persons in Government service and persons in Corporation service;

Preamble.– Whereas it is expedient to provide for dismissal, removal, compulsory retirement from service, reduction to lower post or pay scale and other penalties in respect of corrupt and inefficient persons in Government service and persons in Corporation service;

      AND WHEREAS the Provincial Assembly stands suspended in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999.

      AND WHEREAS the Governor of the Punjab is satisfied that circumstances exist which render it necessary to take immediate action;

      NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999 and the Provisional Constitution (Amendment) Order No. 9 of 1999, on the instructions of the Chief Executive and in exercise of all powers enabling him in that behalf, the Governor of the Punjab is pleased to make and promulgate the following Ordinance:-

1.   Short title, extent, commencement and application.– (1) This Ordinance may be called the Punjab Removal from Service (Special Powers) Ordinance, 2000.

      (2)  It extends to the whole of Punjab.

      (3)  It shall come into force at once.

      (4)  It shall apply to persons in Government Service and Corporation Service.

2.   Definitions.– In this Ordinance, unless there is anything repugnant in the subject or context—

    ^[2][(a)  “     ^[3][Chief Minister]” means ^[4][Chief Minister] of the Punjab;]

^[5][(aa)]  “competent authority” means, the ^[6][Chief Minister] and where, in relation to any person or class of persons, the ^[7][Chief Minister] authorizes any officer or authority, not being inferior in rank to the appointing authority prescribed for the post held by the person against whom action is proposed to be taken to exercise the powers of competent authority under this Ordinance, that officer or authority, and in relation to an employee of a Court or a Tribunal functioning under the Punjab Government, the appointing authority or the Chairman or Presiding Officer of the Court or the Tribunal on being authorized by the appointing authority to exercise the powers of competent authority under this Ordinance;

      (b)  “misconduct” includes conduct prejudicial to good order or service discipline ^[8][or contrary to the Punjab Government Servants Conduct Rules, 1966 for the time being in force] or conduct unbecoming of an officer and a gentleman or involvement or participation for gain either directly or indirectly in industry, trade or speculative transactions or abuse or misuse of official position to gain undue advantage or assumption of such financial or other obligations in relation to private institutions or persons as may cause embarrassment in the performance of official duties or functions.

      (c)  “person in corporation service” means every person in the employment of a corporation, corporate body, authority, statutory body or other organization or institution set up, established, owned, managed or controlled by the Punjab Government, or by or under any law for the time being in force or a body or organization in which the Punjab Government has a controlling share or interest and includes the Chairman and the Managing Director and the holder of any other office therein, and

      (d)  “person in Government service” includes every person who is a member of Civil Service of the Province or who holds a civil post in connection with the affairs of the Province or any employee serving in any Court or Tribunal set up or established by the Punjab Government but does not include a Judge of the High Court or any Court subordinate to the High Court, or any employee of the said Courts thereof.

3.   Removal from service.– (1) Where, in the opinion of the competent authority, a person in Government or Corporation service, is –

      (a)  inefficient, or has ceased to be efficient for any reason ^[9][or is guilty of being habitually absent from duty without prior approval of leave], or

      (b)  guilty of misconduct; or

      (c)  corrupt, or may reasonably be considered as corrupt, because –

               (i)  he, or any of his dependents or any other person, through him or on his behalf, is in possession of pecuniary resources or of property, for which he can not reasonably account for and which are disproportionate to his known sources of income: or

              (ii)  he has assumed a style of living beyond his known sources of income, or

             (iii)  he has a reputation of being corrupt; or

          ^[10][(iv)  he has entered into plea-bargaining under any law for the time being in force and has returned the assets or gains acquired through corruption or corrupt practices voluntarily; or]

      (d)  engaged, or is reasonably believed to be engaged, in subversive activities and his retention in service is prejudicial to national security or he is guilty of disclosure of official secrets to any unauthorized person; or

      (e)  found to have been appointed or promoted on extraneous grounds in violation of law,

^[11][the competent authority, after inquiry by the inquiry officer or committee constituted under section 5, may, notwithstanding anything contained in any law or the terms and conditions of service of such person, by order in writing, impose one or more of the following penalties:-

      (i)  censure;

     (ii)  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;

    (iii)  reduction to a lower post or pay scale or to a lower stage in a pay scale;

    (iv)  recovery from pay, pension or any other amount payable to him, the whole or a part of any pecuniary loss caused to the Government or the organization in which he was employed;

     (v)  compulsory retirement;

    (vi)  removal from service; and

   (vii)  dismissal from service.]

      ^[12][* * * * * * * * * * * * *]

   ^[13][(2)  Before passing an order under sub-section (1), the competent authority shall–

            (a)  by order in writing, inform the accused of the action proposed to be taken with regard to him and the grounds of the action; and

            (b)  give him a reasonable opportunity of showing cause against that action within seven days or within such extended period as the competent authority may determine:

                        Provided that no such opportunity shall be given where the competent authority is satisfied that in the interest of security of Pakistan or any part thereof it is not expedient to give such opportunity:

                        Provided further that no such opportunity shall be given where the accused is to be punished or removed from service or reduced in rank on the ground of having been convicted for an offence involving moral turpitude or financial irregularity which has led to a sentence of fine or of imprisonment or where the competent authority is satisfied for reasons to be recorded in writing that it is not reasonably practicable to give the accused an opportunity of showing cause.

      ^[14][(3)  The dismissal from service under this Ordinance shall disqualify the person for future employment under the Government or under any organization to which the provisions of this Ordinance apply.]

      ^[15][(4)  Any penalty under this Ordinance shall not absolve such person from liability to any punishment to which he may be liable for an offence, under any law, committed by him while in service.

      (5)  In case the amount due from any such person, cannot be wholly recovered from the pay, pension or any other amount payable to such person, the amount due shall also be recovered from such person under the law for the time being in force.]

4.   Suspension.– A person against whom action is proposed to be taken under sub-section (1) of Section 3 may be placed under suspension if, in the opinion of the competent authority, suspension is necessary or expedient:

      Provided that the competent authority may, in an appropriate case, for reasons to be recorded in writing, instead of placing such person under suspension, require him to proceed on such leave as may be admissible to him from such date as may be specified by the competent authority.

^[16][5.      Power to appoint an Inquiry Officer or Inquiry Committee.– ^[17][(1) If the competent authority considers that an inquiry is necessary it shall, before passing an order under section 3, appoint an Inquiry Officer who, or Inquiry Committee whose convenor, shall be of a rank senior to that of the accused or if there are more than one accused, senior to all accused, to scrutinize the conduct of a person in Government service or a person in corporation service who is alleged to have committed any of the acts or omissions specified in section 3. In case two or more accused are to be proceeded against jointly, the competent authority for the accused senior most in rank shall be the competent authority in respect of all such accused for holding the inquiry jointly. The Inquiry Officer or, as the case may be, the Inquiry Committee shall–]

      (a)  communicate to the accused the charges and statement of allegations specified in the order of inquiry passed by the competent authority;

      (b)  require the accused within seven days from the day the charge is communicated to him to put in a written defence;

      (c)  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; and

      (d)  hear the case from day-to-day and no adjournment shall be given except for special reasons to be recorded in writing and intimated to the competent authority;

^[18][Explanation:- The order of inquiry and the statement of allegations specified in the said order shall be signed by the competent authority; provided that where ^[19][* * * * *] the Chief Minister is the competent authority, the same may be signed by such officer as may be authorized in that behalf, and such order and the statement of allegations so signed shall per se constitute the charge sheet for communication by the Inquiry Officer or the Inquiry Committee to the accused person.]

      (2) Where the Inquiry Officer or as the case may be, the Inquiry Committee is satisfied that the accused is hampering, or attempting to hamper, the progress of the inquiry he or it shall record a finding to that effect and proceed to complete the inquiry in such manner as he, or it, deems proper in the interest of justice.

      (3)  The Inquiry Officer or, as the case may be, the Inquiry Committee shall submit his, or its, findings and recommendations to the competent authority within ^[20][forty-five] days of the initiation of inquiry ^[21][:]

      ^[22][Provided that the competent authority, for sufficient reasons, may extend the said period.]

      (4)  The competent authority may dispense with the inquiry under sub-section (1) if it is in possession of sufficient documentary evidence against the accused or for reasons to be recorded in writing, it is satisfied that there is no need of holding an inquiry.

      (5)  Where a person who has entered into plea-bargaining under any law for the time being in force, and has returned the assets or gains acquired through corruption or corrupt practices voluntarily, the inquiry shall not be ordered:

      Provided that show cause notice shall be issued on the basis of such plea-bargaining to such person informing him of the action proposed to be taken against him and the grounds of such action requiring him to submit reply within fifteen days of the receipt of the notice. On receipt of the reply, the competent authority may pass such orders as it may deem fit.]

      ^[23][Provided further that if the authority considers that an inquiry is necessary, it shall appoint an inquiry officer who or inquiry committee whose convenor, shall be of a rank senior to that of the accused or if there are more than one accused, senior to all the accused.]

6.   Powers of the Inquiry Officer or Inquiry Committee.– (1) For the purpose of an inquiry under this Ordinance, 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; and

      (d)  issuing commissions for the examination of witnesses or documents.

      (2)  The proceedings under this Ordinance shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Pakistan Penal Code (XLV of 1860).

7.   Procedure to be followed by the Inquiry Officer or Inquiry Committee.– The Inquiry Officer or Inquiry Committee shall, subject to any rules made under this Ordinance, have power to regulate its own procedure, including the fixing of place and time of its sitting and deciding whether to sit in public or in private, and in the case of a corporate committee, to act notwithstanding the temporary absence of any of its members.

^[24][7-A.  Procedure of inquiry against officers lent to other governments etc.– (1) Where the services of a government employee to whom this Ordinance applies are lent to any other government or to a local or other authority, in this Ordinance referred to as the borrowing authority, the borrowing authority shall have the powers of competent authority for the purpose of placing him under suspension or requiring him to proceed on leave and of initiating proceedings against him under this Ordinance:

      Provided that the borrowing authority shall forthwith inform the Authority which has lent its services, hereinafter referred to as the lending authority, of the circumstances leading to the order of his suspension or the commencement of the proceedings, as the case may be:

      Provided further that the borrowing authority shall obtain prior approval of the Government of the Punjab before taking any action under this Ordinance against a civil servant holding a post in basic pay scale 17 or above.

      (2)  In the light of the findings of the proceedings taken against a civil servant in terms of sub-section (1) above, if the borrowing authority is of the opinion that any penalty should be imposed on him, it shall transmit to the lending authority the record of the proceedings and thereupon the lending authority shall take action as prescribed in this Ordinance.

      (3)  Notwithstanding anything to the contrary contained in subsections (1) and (2), government may, in respect of certain civil servants or categories of civil servants, authorise the borrowing authority to exercise all the powers of authority under these circumstances.]

8.   Order to be passed upon a finding.– Every finding recorded by the Inquiry Officer or Inquiry Committee under section 5 shall, with the recommendation provided for in that section, be submitted to the competent authority and the competent authority may pass such orders thereon as it may deem proper in accordance with the provisions of this Ordinance ^[25][:]

      ^[26][Provided that the competent authority, before passing any order under this section, shall, either itself or through any other officer senior in rank to the accused person, afford such person an opportunity of personal hearing:

      Provided further that where the competent authority is satisfied that the inquiry proceedings have not been conducted in accordance with the provisions of this Ordinance, or the facts and the merit of the case have been ignored, or there are other sufficient reasons, it may, within a period of thirty days and after recording reasons, either remand the inquiry to the Inquiry Officer or, as the case may be, the Inquiry Committee with such directions as the competent authority may like to give, or may order a de novo inquiry.]

^[27][9. Representation and review.– (1) The person who has been awarded any penalty under this Ordinance may, within fifteen days from the date of the communication of the order, prefer a representation to such officer or authority as the ^[28][Chief Minister] may designate:

      Provided that where the order has been made by ^[29][* * * * *] the Chief Minister, such person may, within the aforesaid period, submit a review petition to the same authority which had passed the original order.

      (2)  The authority empowered under subsection (1) may, on consideration of the representation or, as the case may be, the review petition, and any other relevant material, confirm, set aside, vary or modify the order in respect of which such representation or review petition was made.

      (3)  A representation or review preferred under this section shall be made in the form of a petition, in writing, and shall set forth concisely the grounds of objection to the order appealed from and shall not contain disrespectful or improper language and shall be filed with the authority which passed the original order.

      (4)  The authority, receiving the representation or review under subsection (3) shall, within fifteen days, forward the same, along with its comments, to the authority competent to decide the same.]

^[30][9-A.  Special Powers.— (1) The competent authority or the authority to which a representation or review lies under this Ordinance, may call for and examine the record of any proceedings before any authority for purposes of satisfying as to the correctness, legality or propriety of any finding, penalty or order recorded or passed and as to the regularity of any proceedings of such authority.

      (2)  On examining any record under this section, such authority may direct the authority concerned to make further inquiry into the charges of which the accused was acquitted or discharged and may, in its discretion, exercise any or all the powers of an authority under section 9 of this Ordinance:

      Provided that no order prejudicial to the accused person shall be passed under this section unless such person has been given an opportunity to show cause against the proposed action:

      Provided further that an order imposing punishment or exonerating the accused shall not be revised suo moto or otherwise after the lapse of a period of one year from the date of communication of the order of the competent authority, and in case a representation or review is preferred, from the date of communication of the order on such representation or review.]

^[31][9-B.  Appearance of a counsel.– The accused person, at no stage of the proceedings under this Ordinance except proceedings under section 10, shall be represented by an advocate.]

10.   Appeal.– Notwithstanding anything contained in any other law for the time being in force, any person aggrieved by any final order under section 9 may, within thirty days from the date of communication of the order, prefer an appeal to the Punjab Service Tribunal established under the Punjab Service Tribunals Act, 1974 (IX of 1974) ^[32][:]

        ^[33][Provided that if a decision on a representation or review petition under section 9 is not received within a period of sixty days, the affected person may file an appeal under this section within a period of thirty days of the expiry of the aforesaid period.]

11.   Ordinance to override other laws.– The provisions of this Ordinance shall have effect notwithstanding anything to the contrary contained in the Punjab Civil Servants Act, 1974 (VIII of 1974) and the rules made thereunder and any other law for time being in force.

12.   Proceedings under this Ordinance.– All proceedings initiated on the commencement of this Ordinance in respect of matters and persons in service provided for in this Ordinance shall be governed by the provisions of this Ordinance and rules made thereunder ^[34][:]

        ^[35][Provided that the Provincial Government may, by notification in the official gazette, exempt any class or classes of employees of a corporation, a corporate body, authority, statutory body or other organization or institution set up, established, owned, managed or controlled by it or a body or organization in which it has a controlling share or interest from the provisions of this Ordinance and such class or classes of employees shall, notwithstanding anything contained in this Ordinance, be proceeded against and dealt with under the laws and rules applicable to such employees before the commencement of this Ordinance.]

13.   Pending proceedings to continue.– For the removal of doubts, it is hereby provided that all proceedings pending immediately before the commencement of this Ordinance against any person whether in Government service or corporation service under the Punjab Civil Servants Act, 1974 (VIII of 1974) and rules made thereunder, or any other law or rules, shall continue under the said laws and rules and as provided thereunder.

14.   Pensionary benefits etc.– Notwithstanding anything contained in this Ordinance the payment of pension or other benefits to a person retired or reduced to a lower post or pay scale under this Ordinance shall, if admissible, be regulated in accordance with the law for the time being in force relating thereto.

^[36][14-A.   Indemnity.– No suit, prosecution or other legal proceedings shall lie against the competent authority or an officer or authority authorised by it for any thing which is in good faith done or intended to be done under this Ordinance or the rules, instructions or directions made or issued thereunder.

14-B.   Jurisdiction barred.– Save as provided under this Ordinance, no order made or proceedings taken under this Ordinance, or the rules made thereunder by the competent authority or any officer or authority authorized by it shall be called in question in any Court and no injunction shall be granted by any Court in respect of any decision made or proceedings taken in pursuance of any power conferred by, or under, this Ordinance, or the rules made thereunder.]

15.   Power to make rules.– The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.

16.   Removal of difficulties.– If any difficulty arises in giving effect to any of the provisions of this Ordinance, the ^[37][Chief Minister] may make such Order, not inconsistent with the provisions of this Ordinance, as may appear to him to be necessary for the purpose of removing the difficulty.

 

PROVINCIAL ASSEMBLY OF THE PUNJAB

 

Notification

 

28 September 2002

 

No.PAP/Estb/E-609/2000/387.– In exercise of the powers conferred under section 2(aa) and section 9 of the Punjab Removal from Service (Special Powers) Ordinance 2002 (IV of 2000), and in supersession of Provincial Assembly of the Punjab Notification No.Estb/E-609/2000/297, dated 30 June 2001, read with No.Estb/E-609/2000/332, dated 14 December 2001, and No.Estb/E-609/2000/331, dated 14 December 2001, Governor of the Punjab is pleased to–

 

      (a)  authorise the Speaker, Provincial Assembly of the Punjab, to exercise the powers of ‘competent authority’ under section 3 of the Ordinance ibid., in case of the employees of the Provincial Assembly of the Punjab Secretariat in BS-19 and above;

      (b)  authorise Secretary, Provincial Assembly of the Punjab, to exercise the powers of ‘competent authority’ under section 3 of the Ordinance ibid., in case of the employees of the Provincial Assembly of the Punjab Secretariat from BS-1 to BS-18; and

      (c)  designate the Speaker, Provincial Assembly of the Punjab, as ‘authority’ for purposes of section 9 of the Ordinance ibid., in respect of the employees of the Provincial Assembly of the Punjab.

 

 

28 September 2002                           Dr Syed Abul Hassan Najmee

                                                                            Secretary