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9

Procedure to be followed by competent authority where inquiry is necessary

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:- 9. Procedure to be followed by competent authority where inquiry is necessary.---(1) If the competent authority decides that it is necessary to hold an inquiry against the accused under section 5, it shall pass an order of inquiry in writing, which shall include--- (a) appointment of an inquiry officer or an inquiry committee; provided that the inquiry officer or the Chairman of inquiry committee, as the case may be, shall be of a rank senior to the accused and wheretwo or more accused are proceeded against jointly, the inquiry officer or the Chairman of the inquiry committee shall he of a rank senior to the senior most accused; (b) intimation to the Inquiry Officer or Inquiry Committee, as the case may be, of the grounds for proceeding clearly specifying the charges along with apportionment of responsibility; (c) direction to the accused to submit written defence to the inquiry officer or the inquiry committee, as the case may be, within seven days of the date of receipt of orders or within such extended period as the competent authority may determine. . (2) The Order of Inquiry shall be served with a Statement of Allegations by the competent authority intimating the accused employee of the grounds for proceeding clearly specifying the charges. (3) The administrative department shall appoint a departmental representative. The record of the case and the list of witnesses, if any, shall be communicated to the inquiry officer; the inquiry committee, as the case may be.