16
Departmental appeal and review
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:- 16; Departmental appeal and review.- -(1) An accused who has been awarded any penalty under this Act may, except where the penalty has been imposed by the Chief Minister, within thirty days from the date of communication of the order, prefer departmental appeal directly to the appellate authority: Provided that where the order has been passed by the Chief Minister, the accused may, within the aforesaid period, submit a review petition directly to the Chief Minister. (2) The authority empowered under subsection (1) shall call for the record of the case and comments on the points raised in the appeal froze the concerned department or office and on consideration of the appeal or the review petition, a: tits case may be, by an order in Waiting-- (a) uphold the order of penalty and reject the appeal or review petition; or (b) set aside the orders and exonerate the accused; or (c)modify the orders and reduce or enhance the penalty; or (d) set aside the order of penalty and remand the case to the competent authority, where it is satisfied that the proceedings ' by the competent authority or the inquiry office or inquiry committee, as the, case may be, have not been conducted in accordance with the provisions of this Act, or material facts and merits of the case have been ignored, with the directions to either ,hold a de novo inquiry or to rectify the procedural lapses or irregularities in the proceeding within twenty. days: Provided that where the appellate or review authority proposes to enhance the penalty, it shall by an order in writing--- (i) inform the accused of the action proposed to be taken against him and the grounds of such action; and (ii) give him a reasonable opportunity to show cause against the action and afford him an opportunity of personal hearing either itself or through a hearing officer: Provided that the hearing officer shall only be appointed where the appellate or the review authority is of the rank of Provincial Police Officer or Chief Secretary or the Chief Minister. (3) An appeal or review preferred under this section shall be made in the form of a petition, in writing, and shall set forth concisely the grounds of objection to the impugned order in a proper and temperate language.