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ORDINANCE XV OF 2001 BALOCHISTAN PROVINCE REMOVAL FROM SERVICE (SPECIAL POWERS) ORDINANCE, 2001 ORDINANCE XV OF 2001 An Ordinance to amend Balochistan Province Removal from Service (Special, Powers) Ordinance, 2000 [Gazette of Balochistan, Extraordinary, 25th July, 2001] No. Legis.-1-119(Law)/2000, dated 25-7-2001.----The following Ordinance made by the Governor of Balochistan on 21st July, 2001, is hereby published for general information: -- 4. Substitution of section 5 of Ordinance III of 2000.--In the said Ordinance, for section 5, the following shall be substituted, namely:--- (5) Power to appoint an Inquiry Officer or Inquiry Committee --(1) Subject to the provisions of subsection (2), the competent authority shall, before passing an order under section 3, appoint an Inquiry Officer or Inquiry Committee to scrutinize the conduct of a person in Government service or a person in corporation service who is alleged to have committed any of the acts or omission specified in section 3. The Inquiry Officer or, as the case may be, the Inquiry Committee shall:-- (a) Communicate to ;he accused the charges and statement of allegations specified in the order of inquiry passed by the competent authority; (b) required the accused, within seven days from the day the charge is communicated to him to put in a written defence; (c) enquire into the charge and tray examine such oral or documentary evidence in support of the charge or in defence of the accused as may be considered necessary and the causes shall be entitled to cross examine the witness against him; and (d) hear the case from day to day and no adjournment shall be given except for special reasons to be recorded in writing and intimated to the competent authority. (2) Where the Inquiry Officer or as the case tray be the Inquiry Committee ii' satisfied that the accused is hampering, or attempting to hamper, the progress of the inquiry he or it shall record a finding to that effect and proceed to complete the inquiry in such manner as he, or it, deems proper in the interest of justice. (3) The Inquiry Officer or, as the case may be, the Inquiry Committee shall submit his, or its, findings and recommendations to the competent authority within twenty-five days of the initiation of inquiry. (4) The competent authority may dispense with the inquiry under subsection (1) if it is in possession of sufficient documentary evidence against the accused, or for reasons to be recorded in writing, it is satisfied that there is no need of holding an inquiry; (5) Where a person who has entered into plea bargaining under any law for the time being in force, and has returned the assets or gains acquired through corruption or corrupt practices voluntarily, the inquiry shall not be ordered: Provided that show cause notice shall be issued on the basis of such plea bargaining to such person informing of the action proposed to be taken against him and the grounds of such action requiring him to submit reply within fifteen days of the receipt of the notice. On receipt of the reply the competent authority may pass such orders as it may deem fit.