PEEDA ACT,2006.pptx by M. Maqsood Ahmad.pptx

 PEEDA THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT 2006 PEEDA ACT 2006 Muhammad Maqsood Ahmad Ex-Secretary to Government of Punjab 3  History of E & D Legislation Civil Service Rules, 1941 The West Pakistan Efficie...

 PEEDA THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT 2006 PEEDA ACT 2006 Muhammad Maqsood Ahmad Ex-Secretary to Government of Punjab 3  History of E & D Legislation Civil Service Rules, 1941 The West Pakistan Efficiency & Discipline Rules, 1960 The Punjab Civil Servants Efficiency & Discipline Rules, 1975 The Punjab Civil Servants Efficiency & Discipline Rules, 1999 The Punjab Removal From Service (Special Powers) Ordinance, 2000 The Punjab Employees Efficiency Discipline and Accountability Act,2006  PREAMBLE In Public Interest & For Good Governance To Provide for Measures for Improvement Of Efficiency Discipline Accountability Employees in Government and Corporation Service  Short Title and Application Government Employees PEEDA Whole Punjab Corporation Employees Retired Employees Provided that proceedings under this Act are initiated against them during their service or within one year of their retirement DEFINITIONS ACCUSED A person who is or has been an employee and against whom action is initiated under this Act; EMPLOYEE “employee” means a person– (i) in the employment of a corporation, corporate body, autonomous body, authority, statutory body or any other organization or institution set up, established, owned, managed or controlled by the Government, by or under any law for the time being in force or a body or organization in which the Government has a controlling share or interest and includes the chairman and the chief executive, and the holder of any other office therein; and  EMPLOYEE “employee” means a person– 2] [(ii) in Government service or who is a member of a 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 Government but does not include– (aa) a Judge of the Lahore High Court or any court subordinate to that Court or an employee of such courts; and (bb) an employee of Police.] COMPETENT AUTHORITY The Chief Minister: or Any officer or authority authorized by the Chief Minister to exercise the powers of competent authority. Provided that such officer or authority shall not be inferior in rank to the appointing authority COMPETENT AUTHORITY Where two or more employees are to be proceeded against jointly, the competent authority in relation to senior most employee in rank shall be the competent authority in respect of all the accused S. Competent Employee/class of Employees Holder of the Post No Authority. Employee in the (i) Deputy Secretary, 1. Government in a post, or District Police Chief belonging to a service, Officer/Superintendent Minister group or cadre in the of Police in BS-18 and Secretariat Departments Post in BS-19 and above controlled by Govt. (ii)(a) In BS-16 & 17; Appointing and Authority (b) In BS-18 except at (i) above (iii) In BS-1 to 15 Administrati ve Secretary/ Additional Secy In- charge 2. Employee in an attached (i) In BS-19 and above Chief Department or a subordinate office of the Minister Government or District (ii) In BS-1 to 18 Appointing Government Authority 3. Employee of a In BS-1 and above Appointing Corporation, Corporate Authority CHARGE Allegations framed against the accused pertaining to acts of omission or commission cognizable under this Act INEFFICIENCY Failure to:- – efficiently perform functions assigned to an employee in the discharge of his duties; or – qualify departmental examination in three consecutive attempts. HEARING OFFICER An officer, senior in rank to the accused, appointed by any authority competent to appoint hearing officer, to afford an opportunity of personal hearing on behalf of the authority concerned CORRUPTION Accepting or obtaining or offering any gratification or valuable thing directly or indirectly, other than legal remuneration, as a reward for doing or for bearing to do any official act: or CORRUPTION Dishonestly or fraudulently misappropriating, or indulging in embezzlement or misusing Government property or resources: or CORRUPTION Possession, of pecuniary sources or property which cannot be accounted for and which are disproportionate to his known sources of income ;or CORRUPTION Maintaining standard of living beyond known sources of income; or Having a reputation of being corrupt; or Entering into plea bargain and return the assets or gains, acquired through corruption or corrupt practices, voluntarily MISCONDUCT Conduct prejudicial to good order or service discipline; or conduct contrary to the conduct rules, for the time being in force; or Conduct unbecoming of an officer and a gentleman; or MISCONDUCT Involvement or participation for gain directly or indirectly, in industry, trade or speculative transactions by 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 compromise the performance of official duties or functions; or MISCONDUCT Any act to bring or attempt to bring outside influence directly or indirectly to bear on the Governor, the Chief Minister, a Minister, or any other authority in respect of any matter relating to the appointment, promotion transfer, punishment, retirement or other conditions of service : or MISCONDUCT Making appointment or promotion or having been appointed or promoted on extraneous grounds in violation of any law or rules; or  MISCONDUCT Absence from duty without prior approval of leave; or Acquittal by a court of law as a result of compounding of an offence involving moral turpitude or affecting human body; or Conviction for an offence by a court of law  Grounds for Proceedings and Penalty (section-3) Inefficient or Ceased to be Efficient Guilty of misconduct Guilty of Corruption Engagement in Subversive Activities  Censure Withholding of Increment Max Five Year Minor Fine Not Exceeding Penalties 1 Month Pay Section 4 a Reduction to a Lower Stage in Pay Scale – Max Five Stages for a specific period* Withholding of Promotion Maximum Five Years  Recovery From Pay Pension or Any Other amount Reduction To a Lower Post and Pay Scale – Max – Five Years Major Forfeiture of Past Service Penalties Max – Five Years Section 4 (b) Compulsory Retirement Removal From Service Dismissal From Service  Penalties After Retirement Section 4(c) Withholding of pension or any part thereof [for a specific period keeping in view the loss caused to the Government] Withdrawing of pension or any part thereof; [for a specific period keeping in view the loss caused to the Government];and Recovery from pension or any other amount payable to the accused, and if the amount cannot be wholly recovered - under the law for the time being in force.  Initiation of Proceedings (Section-5) Competent Authority Proceed itself against the Get an inquiry conducted accused by issuing a into the charge or charges show cause notice under against the accused, by section 7 and, for appointing an inquiry reasons to be recorded officer or an inquiry in writing, dispense with committee, as the case may the enquiry, or be, under section 10:  An employee has been convicted of any offence other than corruption by a court of law under any law for the time being in force; or The competent An employee is or has been authority absent from duty without prior shall approval of leave: dispense with the Possession of sufficient documentary inquiry evidence or, for reasons to be recorded where- in writing, he is satisfied that - no need to hold an inquiry.  An employee has entered into plea bargain under any law for the time being in force or convicted of the charges of corruption which have led to a sentence of fine or No opportunity imprisonment; ofNo showing cause or personal The competent authority is satisfied that hearing shall in the interest of security of Pakistan or any part thereof, it is not expedient to be given give such an opportunity; where- An employee is involved in subversive activities; or  An employee may be placed under suspension for an initial period of ninety days SUSPENSION The employee - deemed to be reinstated, if the period is not extended for a further ninety days within thirty days of the expiry of initial period of suspension The continuation of suspension period with the prior approval of the competent authority for each period of extension.  Procedure where inquiry is dispensed with Section 7 Inform the accused by an order in writing of  the grounds for proceeding against him  clearly specifying the charges therein,  along with apportionment of responsibility and  the penalty or penalties proposed to be imposed upon him; Give him a reasonable opportunity of showing cause against the proposed action, within seven days of receipt of the order or within extended period  On receipt of Reply determine whether the charge or charges have been proved against the accused or Not Proved not: Proved Affording an opportunity Exonerate the accused. by of personal hearing either an order in writing, if it is itself or through the determined that the charge hearing officer, before or charges have not been passing any order of proved against him; and penalty  After hearing determine whether the charges have been proved against Not Proved the accused or not: Proved Exonerate the accused. Impose one or more penalties by an order in writing, by an order in writing Absence for more than One Charges of grave Year – Imposition of Penalty corruption - the penalty Dismissal or Removal of dismissal from service, or Compulsory Retirement in addition to the penalty of recovery  MODEL SHOW CAUSE NOTICE U/S 7 (b) READ WITH SECTION 5(1)(a) OF PEEDA ACT 2006 TO BE ISSUED BY THE AUTHORITY Subject: SHOW CAUSE NOTICE WHEREAS, the undersigned as Competent Authority, under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006, in due consideration of the facts of this case is of the view that you, Mr. While posted as ______________________________ during the period from to have committed the following irregularities and there are sufficient grounds to proceed against you: _________________ (give full description of the allegations) _________________ -do- 2. AND WHEREAS, the undersigned is of the  Contd… 3. NOW, THEREFORE, you are hereby called upon to show cause in writing within seven days (or within such period as may be extended by the competent authority) of the receipt of this notice as to why one or more of the penalties as prescribed in Section 4 of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 should not be imposed upon you. 4. Your reply to this show cause notice should reach the undersigned within the said period, failing which it shall be presumed that you have no defence to offer. 5. In case you desire to consult any record, on which the aforesaid charges are based or is relevant to the aforesaid charge(s) you may do so with prior arrangement with the undersigned within____ days of the receipt of this notice. MODEL DRAFT OF PERSONAL HEARING NOTICE U/S 7(d) OF PEEDA ACT, 2006 To ________________ (name of the accused ) Subject: PERSONAL HEARING NOTICE UNDER SECTION 7(d). WHEREAS, inquiry proceedings were initiated against you by the undersigned as competent authority under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006, on the charge(s) of (inefficiency, misconduct, corruption and engagement in subversive activities) and it was decided to dispense with the inquiry in terms of Section 5(1)(b). 2. AND WHEREAS, a show cause notice was served upon you in terms of Section 7(b) read with Section 5(1)(a) of the Act ibid, bearing No.dated to submit your written reply within _________ days. 3.Sr. No. AND WHEREAS, Charge No. your reply towhich Extent to the charge said showproved cause notice has been considered and it has been 1. (Fully proved or partially proved) determined that the following charge(s) as contained 2. (Fully proved or partially proved) Hence, it is proposed to impose to impose the following penalty/penalties upon you in terms of Section 4 of the Act ibid: i. (specific penalty/penalties) ii. -do- 4. NOW, THEREFORE, you are afforded an opportunity of personal hearing in terms of Section 7(d) of the Act and directed to appear before the undersigned {or before Mr. _________________ Hearing Officer appointed by the competent authority (in case competent authority is Secretary to the Government of Punjab or above)} on __________for this purpose. SIGNATURE OF THE COMPETENT AUTHORITY NAME & DESIGNATION  Action in Conviction or Plea Bargain Section 8 Where an employee is Convicted by a Dismiss - charges of corruption or court of law or entered into entering into plea bargain and has plea bargain returned the assets or gains Proceed under section 7, where Convicted on charges convicted of charges other than other than Corruption corruption; or Acquitted by a court Proceed under section 9,where of law as a result of acquitted by a court of law as a compounding result of compounding of an of an offence moral offence involving moral turpitude turpitude or affecting or affecting human body. human body  PROCEDURE WHERE INQUIRY IS NECESSARY (SECTION 9) lf the competent authority decides that it is necessary to hold an inquiry, it shall pass an order of inquiry in writing, which shall include- i. Appointment of an inquiry officer or an inquiry committee ii. The grounds for proceeding Clearly specifying the charges iii. Appointment of the DR by designation; and iv. Direction to the accused to submit written defense to the Inquiry Officer or the IC, within  MODEL ORDER OF INQUIRY UNDER PEEDA ACT 2006 WHEREAS, the undersigned as Competent Authority under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 is of the opinion that there are sufficient grounds to proceed against Mr./M/s. (name/names and designation of the accused) under Section 3 of the Act ibid on the charges (of inefficiency, misconduct, corruption and engagement in subversive activities). I, therefore, order initiation of disciplinary proceedings against the accused under the Punjab Employees Efficiency, Discipline and Accountability Act 2006. 2. AND WHEREAS, I consider that in the light of facts of the case and in the interest of justice, it is necessary to hold an inquiry. I, therefore, appoint Mr. (name & designation) as inquiry officer/ inquiry committee consisting of the following: Mr. (Name & Designation/Convener) to proceed against the accused in terms of Section 5 read with Section 9 of the Act ibid and to conduct inquiry into the following charge(s): i. (give full description of the charge) period as may be determined by the Competent Authority). If he/they fail to submit his/their written defence within the prescribed period, it shall be presumed that either he/they have no defence to offer or he/they have declined to offer the same and he/they have accepted the charge(s). 4.Mr. (name & designation) is appointed as DR in terms of Section 9(1)(c) read with Section 12 of the Act ibid. 5. In case the accused official/officials desires/desire to consult any record on which the aforesaid charges are based or is relevant to the aforesaid charge(s), he/ they may do so with prior arrangement with the undersigned or the Departmental Representative within days of the receipt of this order. 6. The Inquiry Officer or Inquiry Committee shall  Procedure by Inquiry Officer or Committee Section 10 On receipt of reply of the accused. the inquiry officer or committee shall inquire into the charges Examine such oral or documentary evidence in support of the charge or in defence of the accused as may be considered necessary and where any witness is produced by one party, the other party shall be entitled to cross examine such witness.  Ex parte proceedings if the accused fails to furnish his reply within the stipulated period, or extended period, if any. The inquiry officer or the inquiry committee, as the case may be, shall hear the case from day to day basis  Where the accused is hampering or attempting to hamper the progress of the inquiry, the Inquiry Officer shall:-  Administer a warning and if, thereafter,  The accused is acting in disregard to the warning, then It shall record a finding to that effect and  Proceed to complete the inquiry in such manner as may be deemed expedient in the interest of justice.  If the accused absents himself from the inquiry on medical grounds, – he shall be deemed to have hampered or attempted to hamper the progress of the inquiry, unless – medical leave, applied for by him, is sanctioned on the recommendation of a Medical Board; – provided that the competent authority may, in its The inquiry officer or the inquiry committee, shall submit report containing:- Clear findings as to whether the charge or charges have been proved or not and Specific recommendations regarding exoneration or; imposition of penalty or penalties, to the competent authority within sixty days of the initiation of inquiry: Provided further that  where the inquiry cannot be completed within sixty days -- extension for specific period from the competent authority, for reasons to be recorded in writing:  the recommendations of the inquiry officer or the inquiry committee, as the case may be, shall not be binding on the competent authority.  the inquiry shall not be vitiated merely on the grounds of non-observance of the time schedule for completion of inquiry:  Order To Be Passed By The Competent Authority Section - 13 On receipt of the report, the competent authority shall examine the report and the relevant case material and Determine whether the inquiry has been conducted in accordance with the provisions of this Act. In accordance with Not in accordance provisions of Act with provisions Remand to E.O. to Rectify or Order De-novo Inquiry  Determine whether the charge or charges have been proved against the Not Proved accused or not: Proved Exonerate the Exonerate the accused. accused. by an by an order orderininwriting, writing,if itifis it is determined that that determined the chargethe or charges have not been charge or charges have proved against him; and not been proved against him; and  inform the accused of the charges proved against him and  the penalty or penalties proposed to be imposed upon him by the inquiry officer or inquiry committee;  Give him reasonable opportunity of showing cause against the penalty or penalties proposed to be imposed upon him  Submit as to why one or more of the penalties as provided in section 4 may not be imposed upon him and submit additional defence in writing, if any, within seven days of the receipt of the notice.  Indicate the date of personal hearing or  Appoint a Hearing Officer  Provide a copy of the inquiry report to the accused; and.  Direction to the departmental representative to appear before the hearing officer.  After hearing Determine whether the charge or charges have been proved against the accused or not: Not Proved Proved Impose anyone or more Exonerate the accused. by an penalties by an order in order in writing, writing Absence for more than One Charges of grave Year – Imposition of Penalty corruption are proved - the Dismissal or Removal penalty of dismissal from or Compulsory Retirement service, in addition to the penalty of recovery  MODEL DRAFT SHOW CAUSE-CUM-PERSONAL HEARING NOTICE UNDER SECTION 13 (4) To ________________ (name of the accused) Subject:-SHOW CAUSE-CUM-PERSONAL HEARING NOTICE U/S 13(4) OF PEEDA ACT, 2006 WHEREAS, disciplinary proceedings were initiated against you by the undersigned /competent authority under the provisions of the Punjab Employees Efficiency, Discipline and Accountability Act 2006, on the charge(s) of (inefficiency, misconduct, corruption and engagement in subversive activities) vide Order No. ______________ dated _______________. 2. AND WHEREAS, the Inquiry Officer/Committee submitted his/its inquiry report, according to which the Sr. Charge following No. charge/charges Extent to which have been proved charge against you: No. proved 1. (Fully proved or partially  Contd The inquiry Officer/Committee has recommended imposition of penalty (give details) upon you in terms of Section 4 of the Act. A copy of the inquiry report is enclosed. 3. AND WHEREAS, after perusal of the inquiry report and other relevant record, I have found no reason to differ/I have reasons to differ (give detailed reasons for differing) with the findings and recommendations of the Inquiry Officer/Committee. Hence the charge/charges leveled vide above referred order have been proved against you for which you are liable to be imposed the following penalty/penalties in terms of Section 4 of the Act: i. ______________ (specific penalty/penalties) ii. ______________ -do- 4. NOW, THEREFORE, in exercise of the powers conferred upon me as Competent Authority under Section 13(4) of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006, you are hereby called upon to show cause within seven days, of the receipt of this notice, as to why the abovementioned penalty/penalties may not be imposed upon you. You are also allowed to submit your additional defence in writing, if any. 5. You are also offered an opportunity of personal hearing and directed to appear before the undersigned {or before Mr.______________ Hearing Officer appointed by the competent  Departmental Appeal And Review (Section-16) A accused who has been awarded any penalty may, within thirty days from the date of communication of the order, prefer departmental appeal directly to the appellate authority: Review petition if the order has been passed by the Chief Minister, directly to the Chief Minister  The authority shall:- call for the record of the case and comments on the points raised in the appeal from the concerned department or office, on consideration of the appeal or the review petition, by an order in writing- – uphold the order of penalty and reject the appeal or review petition; or – set aside the orders and exonerate the accused; or – modify the orders and reduce or enhance the penalty; or  set aside the order of penalty and remand the case to the competent authority, with the directions to either to –hold a de novo inquiry or –rectify the procedural lapses or irregularities Provided that where the appellate or review authority proposes to enhance the penalty, it shall by an order in writing- – inform the accused of the action proposed to be taken against him and the grounds of such action;  Revision (Section-17 ) The Chief Minister, Chief Secretary or the Administrative Secretary or any other appellate authority may – call for the record of any proceedings – within one year of the order of exoneration or – imposition of a penalty, – passed by the competent authority or – the order of appellate authority, as the case may be, for the purpose of satisfying himself  On examining the record of the case, such authority may- – uphold the orders. of the competent authority or the appellate authority, as the case may be; or – order the competent authority to hold de novo inquiry; or – impose or enhance a penalty or penalties: No order, prejudicial to the accused, shall be passed unless the accused has been given a reasonable opportunity of showing cause against the proposed action and an opportunity of personal hearing  Appeal before Punjab Service Tribunal (Section -19) (1) An employee, other than the employee mentioned in section 2(h)(i), aggrieved by a final order passed under section 16 or 17 may prefer an appeal to the Punjab Service Tribunal , within thirty days from the date of communication of the order If no decision on a departmental appeal or review petition, within a period of sixty days of filing of appeal or review:- – The affected employee may file an appeal in the Punjab Service Tribunal within a  Appeal before Punjab Service Tribunal (Section -19) On the exercise of such option, the appeal/review pending before the Appellate Authority or the Chief Minister shall abate to the extent of such employee.] [Explanation: The word “employee”, in this section, includes a former employee.]  Action Against Retired Employees Section - 21 All proceedings initiated against the employees having retired or in service, shall be governed by the provisions of the PEEDA Act The proceedings so initiated shall be finalized not later than two years of his retirement. If the charge or charges are proved the competent authority may, by an order in writing:- – impose one or more penalties specified in clause (c) of section 4,  Duties Of The Departmental Representative To render full assistance during the proceedings to the – inquiry officer or the Inquiry committee or – hearing officer or – the authority concerned, He shall be personally present and fully prepared with all the relevant record relating to the case, on each date of hearing: To cross-examine – the witnesses produced by the accused and with, permission of the inquiry officer , – the prosecution witnesses in case of their turning hostile: and To rebut the grounds of ,defence offered by the accused before the hearing officer or the authority concerned,  Personal Hearing (Section- 14) The authority affording personal hearing or the hearing officer shall, – call the accused and – the DR, with relevant record of the case, to appear before him for personal hearing on the fixed date and time. After affording personal hearing to the accused, the authority, in relation to the case and the contention of the accused during the hearing, shall record his remarks in writing and,  In case of hearing officer, he shall submit a report to the authority so appointed him which shall include- – summary of the inquiry report where.inquiry was conducted under section 10, or summary of the defence offered by the accused to the show cause notice under section 7, or grounds of appeal or review filed under section 16, as the case may be; – summary of defence offered by the accused during the hearing, If any; and – views of the departmental representative, if any.  Procedure Of Inquiry Against Officers Lent To Other Governments Section-15 Where the Information to the services of an lending employee are organization of transferred or lent the circumstances to any other leading to his government, the suspension and Competent the Authority for the commencement of post against which the proceedings: such employee is posted in the borrowing organization may:-  Prior approval of the lending organization before taking any action against employee holding a post in BPS 17 or above. If, in the light of the findings of the proceedings taken against the accused, the borrowing organization is of the opinion that any penalty may have to be imposed on him, it shall – transmit the record of the proceedings to the lending organization, and – the competent authority in the lending organization shall thereupon take action against the accused under section 13.