RULE

BALUCHISTAN CIVIL SERVANTS BALUCHISTAN CIVIL SERVANTS (EFFICIENCYAND DISCIPLINE) RULES, 1974 [Gazette of Baluchistan, Extraordinary, 16th August 1974] No. S.O.II-5(57)/S&GAD-73.----In exercise of the powers conferred by section 25 of the Baluchistan Civil Servants Act, 1974 (Baluchistan Act No. IX of 1974) the Government of Baluchistan is pleased to make the following rules, namely :- 1. Short title, commencement and application.-----(1) These rules may be called the Baluchistan Civil Servants (Efficiency and Discipline) Rules, 1974. (2) They shall come into force at once and shall apply to all civil servants wherever they may be and shall also apply to or in relation to a person in temporary employment in the service of Baluchistan. 2. Definitions.----In these Rules, unless the context otherwise requires: (1) "Accused" means a civil servant against whom action is taken tinder these Rules ; (2) "Authority" means the Government of Baluchistan or an officer or authority designated by it to exercise the powers of the authority under these Rules; (3) "Authorised officer" means an officer authorised by the authority to perform functions of an authorised officer under these Rules ; (4) "Misconduct" means conduct prejudicial to good order of service discipline or contrary to West Pakistan Government Servants (Conduct) Rules, 1966 or unbecoming of an officer and a gentleman and includes any act on the part of a civil servant to bring or attempt to bring political or other outside influence directly or indirectly to bear on the Government or any Government officer in respect of any matter relating to the appointment, promotion, transfer, punishment, retirement or other conditions of service of a civil servant ; and (5) "Penalty" means a penalty which may be imposed under these rules. 3. Grounds for penalty.-----Where a civil servant, in the opinion of the authority. (a) is inefficient or has ceased to be efficient ; or (b) is guilty of misconduct ; or (c) is corrupt, or may reasonably be considered corrupt because (i) he is, or any of his dependents or any other person through him or on his behalf is, in possession (for which he cannot reasonably account) of pecuniary resources or of property disproportionate to his known sources, of income ; or (ii) he has assumed a style of living beyond his ostensible means ; or (iii) he has a persistent reputation of being corrupt ; or, (d) is engaged, or is reasonably suspected of being engaged, in subversive activities, or is reasonably suspected of being associated with others engaged in subversive activities or is guilty of disclosure of official secrets to any unauthorised person, and his retention in service is therefore prejudicial to national security, the authority may impose on him one or more penalties. 4. Penalties.----(1) The following are the minor and major penalties, namely :- (a) Minor Penalties (i) Censure (ii) withholding, for a specific period, promotion or increment, otherwise than for unfitness for promotion or financial advancement, in accordance with the rules or orders pertaining to the service or lost ; (iii) stoppage, for specific period, at an efficiency bar in the time scale, otherwise than for unfitness to cross such bar , (iv) recovery from pay of the whole or any part of any pecuniary loss caused to Government by negligence or breach of order; (b) Major Penalties; (i) reduction to a lower post or time scale, or to a lower stage in a time scale ; (ii) compulsory retirement ; (iii) removal for service ; and (iv) dismissal from service. (2) Removal from service does not, but dismissal iron service does, disqualify for future employment. (3) In this rule, removal or dismissal from service does not include the discharge of a person- (a) appointed on probation, during the period of probation, or in accordance with the probation or training rules applicable to him ; or (b) appointed, otherwise than under a contract, to hold a temporary appointment, on the expiration of the period of appointment; or (c) engaged under a contract, in accordance with the terms of the contract. 5. Inquiry Procedure.---The following procedure shall be observed when a civil servant is proceeded against under these rules:- (1) In case where a civil servant is accused of subversion, corruption or misconduct, the authorised officer may require him to proceed on leave or, with the approval of the authority, suspend him, provided that any continua tion of such leave or suspension shall require approval of the authority after every three months. (2) The authorised officer shall decide whether in the light of facts of the case or the interests of justice any inquiry should be conducted through an inquiry Officer or Inquiry Committee. If he so decides, the procedure indicated in rule 6 shall apply. (3) If the authorised officer decides that it is not necessary to have an Inquiry conducted through an inquiry officer or Inquiry Committee, he shall- (a) by order in writing, inform the accused of the action proposed to be taken in regard to him and the grounds of the action ; and (b) give him a reasonable opportunity of showing cause against that action Provided that no such opportunity shall be given where the authority is satisfied that in the interest of the security of Pakistan or any part thereof it is not expedient to give such opportunity. (4) On receipt of the report of the Inquiry Officer or Inquiry Committee or, where no such Officer or Committee is appointed, on receipt of the expla nation of the accused, if any, the authorised officer shall determine whether the charge has been proved and- (a) if it is proposed to impose a minor penalty he shall pass orders accordingly ; (b) if it is proposed to impose a major penalty, he shall forward the case to the authority along with the charge and statement of allegations served on the accused, the explanation of the accused, the findings of the Inquiry Officer or Inquiry Committee, if appointed, and his own recommendations regarding the penalty to be imposed. The authority shall pass such orders as it may deem proper. 6. Procedure to be observed by the Inquiry Officer and Inquiry Committee- Where an Inquiry Officer or Inquiry Committee is appointed, the authorised Officer shall- (1) frame a charge and communicate it to the accused together with statement of the allegations explaining the charge and of any other relevant circumstances which are proposed to be taken into consideration ; (2) require the accused within a reasonable time, which shall not be less e ban seven days or more than fourteen days from the day the charge has been communicated to him to put in a written defence and to state at the fame time whether he desires to be heard in person ; (3) the Inquiry officer or the Committee, as the case may be, shall enquire into the charge and may examine such oral or documentary evidence in support of the charge or in defence of the accused as may be considered r necessary and the accused shall be entitled to cross-examine the witnesses against him ; (4) the Inquiry Officer or the 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. - However every adjournment with reasons therefor shall be reported forthwith to the authorised officer. Normally no adjournment shall be for more than a week ; (5) where the Inquiry Officer or the Committee as the case may be is satisfied that the accused is hampering or attempting to hamper, the progress of the enquiry he or it shall administer a warning, and if thereafter he or it is satisfied that the accused is acting in disregard of the warning, he or it shall record a finding to that effect and proceed to complete the enquiry in such manner as he or it thinks best suited to do substantial justice ; (6) the Inquiry Officer or the Committee, as the case may be, shall within ten days of the conclusion of the proceedings or such longer period as may be allowed by the authorised officer, submit his or its findings and the grounds thereof to the authorised officer. 7. Powers of the Inquiry Officer and Inquiry Committee.--(1) For the purpose of an inquiry under these rules, the. Inquiry Officer and Inquiry Committee shall have the powers of a civil Court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908) in respect of the following matters, namely :- (a) summoning and enforcing the attendance of any person and examining him on oath ; (b) requiring the discovery and production of documents ; (c) receiving evidence on affidavits ; and (d) issuing commissions for the examination of witnesses or docu ments. (2) The proceedings under these rules shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860). 8. Rule 5 not to apply in certain cases.-Nothing in rule 5 shall apply to a case- (a) where the accused is dismissed or removed from service or reduced in rank, on the ground of conduct which has led to a sentence of fine or of imprisonment ; or (b) where the authority competent to dismiss or remove a person from service, or to reduce a person in rank, is satisfied that, for reasons to be recorded in writing by that authority, it is not reasonably practicable to give the accused an opportunity of showing cause. 9. Procedure of inquiry against officers lent to other Government or Authority.------(1) Where the services of a civil servant to whom these rules apply are lent to any other Government or to a local or other authority in this rule referred to as the borrowing authority, the borrowing authority shall have the powers of the authority for the purpose of placing him under suspension or requiring him to proceed on leave and of initiating proceedings against him under these rules Provided that the borrowing authority shall forthwith inform the autho rity which has lent his services, hereinafter in this rule referred to as the lending authority, of the circumstances leading to the order of his suspension or the commencement of the proceedings, as the case may be: Provided further that the borrowing authority shall obtain prior approval of the Government before taking any action under these rules against a member of the Provincial Service or a Class I Service or a holder of a Class I post.. (2) If, in the light of the findings in the proceedings taken against the civil servant in terms of sub-rule (1), the borrowing authority is of the opinion that any penalty should be imposed on him it shall transmit to the lending `authority the record of the proceedings and thereupon the lending authority shall take action as prescribed in these rules. 10. Appeal.------A person on whom a penalty is imposed shall have such right of appeal as may be prescribed under Part XIII of the Civil Service (Classification, Control and Appeal) Rules: Provided that, where the penalty is imposed by order of the Govern ment, there shall be no appeal but the person concerned may apply for review of the order. 11. Repeal.-----The West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960, in their application to the civil servants to whom these rules apply are hereby repealed, but the repeal thereof shall not affect any action taken or anything done or suffered thereunder.