5
Initiation of proceedings
Act: Balochistan Employees Efficiency and Discipline Act 2011
Section Provisions
ACT VI OF 2011 ACT VI OF 2011 BALOCHISTAN EMPLOYEES' EFFICIENCY AND DISCIPLINE ACT, 2011 An Act to provide for proceedings against the employees in Government and Corporation services in relation to their efficiency, discipline and accountability [Gazette of Balochistan, Extraordinary, 4th July, 2011] No. PAB/Legis: V (05)/2011.582, dated 4-7-2011. -The Balochistan Employees' Efficiency and Discipline Bill No.V of 2011,having been passed by the Provincial 'Assembly of Balochistan on 29th June, 2011 and assented to by the Governor, Balochistan on 2nd July, 2011 is hereby published as an Act of the Balochistan Provincial Assembly. Preamble.--Whereas it is expedient and necessary in the public interest and for good governance to provide measures for improvement of efficiency and discipline of employees in Government, autonomous bodies, authority and corporation service and matters connected therewith or ancillary thereto; It is hereby enacted as follows:- 5. Initiation of proceedings.--(1) If on the basis of its own knowledge or information placed before it, the competent authority is of the opinion that there are sufficient grounds for initiating proceedings against an employee under this Act, it shall either-- (a) proceed itself against the accused by issuing a show cause notice under section 7: Provided that no opportunity of showing cause shall be given where; (i) the competent authority is satisfied that in the interest of security of Pakistan or any part thereof, it is not expedient to give such an opportunity; or (ii) an employee has entered into plea bargain or has voluntarily returned all or a part of the assets gained or acquired through corruption or corrupt practices under any law for the time being in force or has been convicted of the charges of corruption which have led to a sentence of fine or imprisonment or both; (iii) an employee is involved in subversive activities; or (vi) it is not reasonably practicable to give such an opportunity to the accused; or (b) get an inquiry conducted into the charge or charges against the accused by appointing an inquiry officer or an inquiry committee, as the case may be under section 9: Provided further that the competent authority may dispense with the inquiry where there is sufficient documentary evidence against the accused or for reasons to be recorded in writing the competent authority is satisfied that the there is no need to hold an inquiry. (2) The orders of inquiry or the show cause notice, as the case may be, shall be signed by the competent authority.