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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:- 7. Procedure where inquiry is dispensed with.---If the competent authority decides that it is not necessary to hold an inquiry against the accused under section 5, it shall--- (a) inform the accused, 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; (b) give him a reasonable opportunity of showing cause against the proposed action, within seven days of receipt of the Notice or within such extended period as the competent authority may determine. (c) on receipt of reply of the accused within the stipulated period or after the expiry thereof, if no reply is received, determine whether the charge or charges have been proved against the accused or not: Provided that after receipt of reply to the show cause notice from the accused, the competent. authority, except where the Chief Minster himself is competent authority, shall decide the case within a period of ninety days, excluding the time during which the post held by the competent authority remained vacant due to certain reasons: Provided further that if the case is not decided by the competent authority within the prescribed period of ninety days, the accused may file an application before the appellate authority for early decision of his case, which shall direct the competent authority to decide the case within a specified period. (d) afford an opportunity of personal hearing either itself or through the hearing officer, before passing any order of penalty hereunder clause (f), if it is determined that the charge or charges have been proved against him: Provided that the hearing officer may only be appointed where the competent authority is of the rank of Provincial Police Officer or Chief Secretary or the Chief Minister; (e) exonerate the accused, by an order in writing with reasons thereof, if it is determined that the charge or charges have not been proved against him; and (f) impose any one or more penalties mentioned in section 4, by an order in writing with reasons thereof, if the charge or charges are proved against the accused: Provided that (i) where charge or charges of corruption are proved against an accused, the penalty of dismissal from service shall be imposed, in addition to the penalty of recovery, if any; and (ii) where charge of un-authorized absence from duty for a period of more than one year is proved against the accused, the penalty of compulsory retirement or removal from service shall be imposed upon the accused.