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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:- 13. Order to be passed by the competent authority on receipt of report from the inquiry officer or inquiry committee.--(1) On receipt of the report from the inquiry officer or inquiry committee, as the ease may be, the competent authority shall examine the report- and the relevant case material and determine whether the inquiry has been conducted in accordance with the provisions of this Act. (2) If the competent authority is satisfied that the inquiry has been conducted in accordance with the provisions of this Act, it shall further determine whether the charge or charges have been proved against the accused or not. (3) Where the charge or charges have not been proved, the competent authority shall exonerate the accused by an order in writing. (4) Where the charge or charges have been proved against the accused, the competent authority shall issue a show cause notice to the accused by which it shall-- (a) inform him of the charges proved against him and the penalty or penalties proposed to be imposed upon him by the inquiry officer or inquiry committee; (b) give him reasonable opportunity of showing cause against the penalty or penalties proposed to be imposed upon him and to submit as to why one or more of the penalties as provided in section 4 may not be imposed upon him and to submit additional defence in writing; if any, within seven days of the receipt of the notice, before itself or the hearing officer, as the case may be; (c) indicate the date of personal hearing or appoint a hearing officer to afford an opportunity of personal hearing on his behalf; provided that the hearing officer shall only be appointed where the competent authority is of the rank of Provincial Police Officer or Chief Secretary or the Chief Minister; (d) provide a copy of the inquiry report to the accused; and (e) direct the departmental representative to appear, with all the relevant record, on the date of hearing before himself or the hearing officer, as the case may be. (5) After affording personal\hearing to the accused or on receipt of the report of the hearing officer, the competent authority shall, keeping in view the findings and recommendations of the inquiry officer or inquiry committee, as the case may be, facts of the case and defence offered by the accused during personal hearing, by an order in writing- (a) exonerate the accused; or (b) impose any one or more of the penalties specified in section 4; . 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 absence from duty for a period of more than one year is proved against the accused, the penalty of compulsory retirement or removal or dismissal from service shall be imposed upon the accused. (6) Where the Competent Authority is satisfied that the inquiry proceedings have not been conducted in accordance with the provisions of this Act or the facts and merits of the case have been ignored or there are other sufficient grounds, it may, after recording reasons in writing, either remand the inquiry to the inquiry officer or the inquiry committee, as the case may be, with such direction as the competent authority may like to give or may order a de novo inquiry. (7) After receipt of inquiry report, , the competent authority, except where the Chief Minister himself is the 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. (8) 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 appellant authority for early decision of his ' case, which may direct the competent authority to decide the case within a specified period.