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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:- 10. Procedure to be followed by inquiry officer or inquiry committee.--(1) On receipt of reply of the accused or on expiry of the stipulated period, if no reply is received from the accused, the inquiry officer or the inquiry committee, as the case may be, shall inquire into the charges 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 where any witness is produced by one party, the other party shall be entitled to cross-examine such witness. (2) If the accused fails to furnish his reply within the stipulated period, or in extended period, if any, the inquiry officer or the inquiry committee, as the case may be shall proceed with the inquiry ex parte. (3) The inquiry officer or the inquiry 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, in which case it shall not be of more than seven days. (4) Where the inquiry officer or the inquiry committee, as t, case may be, is satisfied that the accused is hampering or attempting to hamper the progress of the inquiry, he or it shall administer a warning and if, thereafter, he or it is satisfied that the accused is acting in disregard to the warning, he or 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. (5) If an accused employee intentionally avoid inquiry proceeding despite service of notice or refuses to take notice or remains absent or causes delay in the proceedings then the inquiry officer or the inquiry committee, as the case may be, shall in such circumstances proceed ex parte. (6) 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, after satisfying itself, sanction medical leave up to seven days without recommendation of the Medical Board. (7) The inquiry officer or the inquiry committee, as the case may be, shall submit his or its 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 that where the inquiry cannot be completed within sixty days, the inquiry officer or the inquiry committee, as the case may be, shall for reasons to be recorded in writing seek one time extension for specific period from the competent authority: Provided further that the inquiry shall not be vitiated merely on the grounds of non-observance of the time schedule for completion of inquiry.