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BALUCHISTAN CIVIL SERVANTS (EFFICIENCY AND DISCIPLINE) RULES, 1981 BALUCHISTAN CIVIL SERVANTS (EFFICIENCY AND DISCIPLINE) RULES, 1981 [Gazette of Baluchistan, Extraordinary, 18th January 1982] No. SOR(2)/46/S&GAD/79.‑In exercise of the powers conferred by section 25 of Baluchistan Civil Servants Act, 1974 (Baluchistan Act No. IX of 1974), the Government of Baluchistan is pleased to make the following rules, namely : 1. Short title, commencement and application.‑(1) These rules may be called the Baluchistan Civil Servants (Efficiency and Discipline) Rules, 1981. (2) They shall come into force at once and shall apply to all Civil Servants wherever they may be and shall also apply to or in relation to a person in temporary employment in the service of Baluchistan. 2. Definitions.‑In these rules, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them that is to say : (a) "Accused" means a civil servant against whom action is taken under these rules; (b) "Authority" means the authority specified in column 3 of the Schedule I annexed to these rules; (c) "Authorised Officer" means authorised officer specified in column 4 of the Schedule I annexed to these rules: (d) "Appellate Authority" means the Authority specified in column 3 of the Schedule II annexed to these rules ; (e) "Misconduct means conduct prejudicial to good order of service discipline or contrary to the Baluchistan Government Servants (Conduct) Rules, 1979 or unbecoming of an officer and a gentleman and includes any act on the part of a civil servant to bring or attempt to bring political or other outside influence directly or indirectly to bear on the Government or any Government officer in respect of any matter relating to appointment, promotion, transfer, punishment, retirement or other conditions of service of a civil servant and conduct which has led to a sentence of fine or imprisonment for offence involving moral turpitude; (f) "Penalty" means a penalty which may be imposed under these rules ; and (g) "Schedule" means the schedule appended to these rules. 3. Grounds for penalty.‑Where a civil servant, in the opinion of the authority; (a) is inefficient or has ceased to be efficient; or (b) is guilty of misconduct; or (c) is corrupt, or may reasonably be considered corrupt because; (i) he is, or any of his dependents or any other person through him or in his behalf is, in possession (for which he cannot reasonably account) of pecuniary resources or of property disproportionate to his known sources of income; or (ii) he has assumed a style of living beyond his ostensible means; or (iii) he has a persistent reputation of being corrupt; or (d) is engaged, or is reasonably suspected of being engaged in subversive activities or is reasonably suspected of being associated with others engaged activities, in subversive activities or is guilty of disclosure of official secrets to any unauthorised person, and his retention in service is therefore prejudicial to national security, the authority may impose on him one or more penalties.‑ 4. Penalties.‑(1) The following are the minor and major penalties, namely :‑ (a) Minor penalties ; ‑ (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) stoppage, for a specific period, at an efficiency bar in time scale otherwise than for unfitness to cross such bar; (iv) recovery from pay of the while or any part of any pecuniary loss caused to Government by negligence or breach of orders. (b) Major penalties; (i) reduction a lower post or time scale, or to a lower stage in a time scale; (ii) Compulsory retirement; (iii) removal from service; and (iv) dismissal from service. (2) Removal from service does not, but dismissal from service does disqualify for future employment. (3) In this rule, removal or dismissal from service does not, include the discharge of a person. (a) appointed on probation, during the period of probation, or in accordance with the probation or training rules applicable to him; or (b) appointed, otherwise than under a contract, to hold a temporary appointment, on the expiration of the period of appointment; or (c) engaged under a contract, in accordance with the terms of the contract. 5. Inquiry Procedure.‑The following procedure shall be observed when a civil servant is proceeded against under these rules :‑ (1) In case where a civil servant is accused of subversion, corruption or misconduct the authorised officer may require him to proceed on leave or, with the approval of the authority, suspend him, provided that any continu ation of such leave or suspension shall require approval of the authority after every three months. (2) The authorised officer shall decide whether in the light of facts of the case or the interest 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. (3) If the authorised officer decides that it is not necessary to have an inquiry conducted through an Inquiry officer or Inquiry Committee, he shall‑---- (a) by order in writing, inform the accused of the action proposed to be taken in regard to him and the grounds of the action; (b) give him opportunity of showing cause within fourteen days against that action; provided that no such opportunity shall be given where the authority is satisfied that in the interest of the security of Pakistan or any part thereof it is not expedient to give such opportunity; and (c) Where despite notice in the press an employee does not report for duty and remains wilfully absent, recommend to the authority his summary dismissal from service without conducting any formal enquiry. (4) On receipts of the report of the Inquiry Officer or Inquiry Committee or where no such Officer or Committee is appointed, on receipt of the explanation of the accused, if any, the authorised officer shall determine whether the charge has been proved and‑ (a) If it is proposed to impose a minor penalty, he shall pass orders accordingly; (b) If it is proposed to impose a major penalty, he shall forward the case to the authority alongwith the charge and statement of allegations served on the accused, the explanation of the accused, the findings of the Inquiry Officer or Inquiry Committee, if appointed, and his own recommedation regarding the penalty to be imposed. The authority shall pass such orders as it may deem proper. (5) The orders passed by the authority or the authorised officer shall, alongwith a copy of the inquiry report, if any, be served to the accused within fifteen days of such orders. (6) If two or more civil servants are proceeded against jointly, the authority or authorised officer in respect of the senior most civil servant amongst them shall be the authority or authorised officer, as the case may be, in respect of all such civil servants. 6. Procedure to be observed by the Inquiry Officer and Inquiry Committee :‑(1) Where an Inquiry Officer or Inquiry Committee is appointed, the authorised Officer shall‑ (a) frame a charge and communicate it to the accused together with statement of the allegations explaining the charge and of any other relevant circumstances which are proposed to be taken into consideration; (b) require the accused within a reasonable time, which shall not be less than seven days or more than fourteen days from the day the charge has been communicated to him to put in a written defence and to state at the same time whether he desires to be heard in person. (2) 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 witness against him. (3) 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 and where any adjournment is given‑‑ (a) It shall not be for more than a week ; and (b) the reasons therefor shall be reported forthwith to the authorised officer. (4) 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 Inquiry, he or the Committee shall administer a warning, and if there after he or the Committee is satisfied that the accused is acting in disregard of the warning, he or the Committee shall record a finding to that effect and proceed to complete the inquiry in such manner as he or the Committee thinks best suited to do substantial justice. (5) The Inquiry Officer or the Committee. as the case may be, shall within ten days of the conclusion of the proceeding or such longer period as may be allowed by the authorised officer, submit his or its findings and the grounds thereof to the authorised officer. (6) The inquiry will be completed within one month from the commence ment of the inquiry and if it is prolonged, the Inquiry Officer shall submit weekly reports to the Authorised Officer explaining the reasons for the delay. 7. Powers of the Inquiry Officer and Inquiry Committee.‑(1) For the purpose of an inquiry under these rules, the Inquiry Officer/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 these rules shall be deemed to be judicial proceedings within the meanings of sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860). 8. Rule 5 not to apply in certain cases.‑‑Nothing in rule 5 shall apply to a case : ‑ (a) Where the accused is dismissed or removed from service or reduced in rank, on the ground of committing an offence involving moral turpitude which has led to a sentence of fine or imprisonment; or (b) where the authority competent to dismiss or remove a person from service, or to reduce a person in rank, is satisfied that, for reasons to be recorded in writing by that authority, it is not reasonably practicable to give the accused an opportunity of showing cause. 9. Procedure of inquiry against officers lent to other Government or Authority.‑(1) Where the services of a civil servant to whom these rules apply are lent to any other Government or to a local or other authority, in this rule referred to as the borrowing authority, the borrowing authority shall have the powers of the authority for the purpose of placing him under suspension or requiring him to proceed on leave and of initiating proceed ings against him under these rules: Provided that the borrowing authority shall forthwith inform the authority which has lent his services, hereinafter in this rule referred to as the lending authority of the circumstances leading to the order of his suspension or the commencement of the proceeding, as the case may be;---- Provided further that the borrowing authority shall obtain prior approval of the Government before taking any action under these rules against a member of the Provincial Service or a Class I Service or a holder of a Class 1 Post, (2) If in the light of .the findings in the proceedings taken against the civil servant in terms of sub‑rule (1), 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 these rules. 10. Power to order medical examination as to mental or bodily infirmity. . (1) Where it is proposed to proceed against a civil servant on the ground of inefficiency by reasons of infirmity of mind or body, the authority may, at any stage, whether or not an authorised officer has been directed to proceed against him, require the civil servant to undergo a medical examination by a Medical Board or a Medical Superintendent as the authority may direct, and the report of the Board or the Medical Superintendent shall form part of the proceedings. (2) If a civil servant refuses to undergo, such an examination, His refusal may, subject to the consideration, of such grounds as he may give in support of it, be taken into consideration against him as showing that be had reason to believe that the result of the examination would prove unfavourable to him. 11. Appeal.‑A person on whom a penalty is imposed shall have such right of appeal to the authority specified in Schedule II: Provided. that, where the penalty is imposed by order of the Chief Minister, there shall be no appeal but the Civil Servant may apply for review of the orders. 12. (1) The Chief Minister or any officer or authority empowered by him may call for the examination of the record of ant proceeding under these rules for the purpose of satisfying himself ac to the correctness, or propriety of any finding, penalty or order, or as to regularity of such proceedings. (2) After examining the record under sub‑idle (1), the Chief Minister or any officer or authority, empowered by him, as the case may be, may direct further inquiry into the charges from which the civil servant has been exonerated, and may exercise any of the powers of appellate authority: Provided that an order made under this rule, if prejudicial to the civil servant shall not be passed unless he has been given opportunity of shoaling Cause; Provided further that an order imposing penalty shall not be revised after the period of three months from the date of its communication to the civil servant, if no appeal is preferred. (3) No proceeding under this rule shall be entertained at the instance of the Civil Servant who has not filed an appeal. 13. Appearance of Counsel.‑No party shall be represented by a lawyer Advocate or Pleader in any proceeding under these rules. 14. Repeal.‑‑The Baluchistan Civil Servants (Efficiency and Discipline) Rules, 1974 in their application to the civil servants to whom those rules apply are hereby repealed, but the repeal thereof shall not effect any action taken or anything, done or suffered thereunder.