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Sindh Civil Servants (Efficiency and Discipline) Rules, 1973

Sindh Civil Servants (Efficiency and Discipline) Rules, 1973

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GOVERNMENT OF SINDH SERVICES AND GENERAL ADMINISTRATI0N DEPARTMENT Karachi the 8th September, 1973 NOTIFICATION No.

SOVll(S&GAD)-]/123/73-In exercise of the powers conferred by section 25 of the Sindh Civil Servants Ordinance, 1973 (Sindh Ordinance X of 1973)* the Government of Sindh are pleased to Il1ake the following rules, namely: 1 THE SINDH CIVIL SERVANTS (EFFICIENCY AND DISCIPLINE) RULES, 1973 (1) Short title, comll1encement and application:(1) These rules may be called the Sindh Civil Servants (Efficiency and Discipline) Rules, 1973. (2) They shall come into force at once and shall apply may be: 2 to all civil servants wherever they

3 [ Provided that the civil servants of such category of [Basic Scale] as may be specified by the Chief Minister shall be excluded from purview of these rules.] 2. Definitions:--In these rules, unless the context otherwise requires:

________________________ * It became the Sindh Civil Servants Act, 1973 on 5th December, 1973. 1. These Rules were published in the Sindh government Gazette, Part IV-A Extraordinary dated 10th September 1973, pages 203-208. 2. Proviso inserted by Government of Sindh Notification No. SOIXREG(S&GAD)2/E1l-75,

(a) is inefficient or has ceased to be efficient. 1 2. 3. transfer. SOIX-REG(S&GAD)2/BIl. 21st August. By Notification No. 1985(P. 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 in directly to bear on the Government or any Government officer in respect of any matter relating to the appointment. Subs. 2 3.3). or (c) is corrupt. SOR-I(S&GAD)2-3/93 dated. dated. SOR-I(S&GAD)2/3-93 dated. Pt. IV-A.73 (PT. in the opinion of the authority. Grounds for penalty -Where a civil servant. SOIX-REG(S&GAD)2/E/l-75. promotion. SGG. 1 (2) "authority" means the Chief Minister or any officer or 2 authority under these rules[:] . Substituted for semi column by Notification No. The th 7 April 1999.dated the 21st August 1975. Pt. see Sindh government Gazette. punishment. authority designated by him to exercise the powers of' the 3 [Provided that the "authority" in the case of a member of the Sindh Judicial Service shall be the Chief Justice or a Judge of the High court appointed by him]. 3. 1975. 1975. Substituted for "Grade" by S&GAD Notification No. 1 (1) "accused" means a civil servant against whom action is taken under these rules. IV-A. 1 4 (2) "authorized officer" means [the Chief Secretary or] an officer authorized.!) dated the 8th January 1985. or (b) is guilty of misconduct. 1999 . Proviso added by Notification No. or may reasonably be considered corrupt because _____________________ 1. 7 th April. pages 79-82. by the authority to perform functions of an authorized officer under these rules. (4) "misconduct" means conduct prejudicial to good order of service discipline or contrary to West Pakistan Government Servants (Conduct) Rules. retirement or other conditions of service of a civil servant: and (5) "penalty" means a penalty which may be imposed under these rules.

or (iii) he has a persistent reputation of being corrupt. otherwise than pecuniary loss caused to penalties namely: 1 (iii) stoppage.3 4. (iv) recovery from pay of the whole or any part of any Government by negligence or breach of orders. dated. 1975. . and his retention in service is therefore prejudicial to national security. in accordance with the (iii) rules or orders pertaining to the service or post. at an efficiency bar for unfitness to cross such bar. otherwise than. for a specific period. Penalties. or is reasonably suspected of being engaged. The 21 st August. period. in subversive activities. promotion or increment. or (ii) he has assumed a style of living beyond his ostensible means. is or any of his dependents or any other person through him or on his behalf is. to his known sources of income. or (d) is engaged. in the time-scale. for a specific. (i) he.-(1) The following are the minor and major (a) Minor Penalties: 1 1 (i) censure. or is reasonably suspected of being associated with others engaged in subversive activities or is guilty of disclosure of official secrets to any unauthorized person. 4. in possession (for which he cannot reasonably account) of pecuniary resources or of property disproportionate. SOIX-REG(S&GAD)2/E/l-75. (ii) withholding. The words inserted by Notification No. for unfitness for promotion or financial advancement. the authority may impose on him one or more penalties.

or (c) engaged under a contract. disqualify include the in accordance with the temporary appointment. [4-A. there are sufficient grounds for proceeding against the civil servant under these rules. (3) In this rule.. dated 21 st August 1975. . (ii) compulsory retirement.220). or probation or training rules applicable to him. and (iv) dismissal from service. 2. SOIX-REG(S&GAD)2/E/l-5. Inserted by Government of Sindh Notification No. Rule 4-A.I) dated 25 th February 1980. to hold a on the expiration of the period of appointment. he shall take action in accordance with rule 5. or (b) appointed. otherwise than under a contract. The words inserted by Notification No. 1980 (P. (2) Notwithstanding anything contained in these rules the authority may in any case exercise all powers of authorized officer or give any direction to the authorized officer as it may deem fit: Provided that such directions shall be given by the Chief alone if Chief Secretary is the authorized officer]. SGG. Minister __________________________________ 1.(b) Major Penalties: 1 1 (i) reduction [for a specific period] to a lower post or time-scale. but dismissal from for future employment. Pt. in accordance with the terms 2 service does. (2) Removal from service does not. removal or dismissal from service does not discharge of a person-(a) appointed on probation. (iii) removal from service. SOIX-REG(S&GAD)2/B/l-73(Pt. or to a lower stage in a time-scale. of contract.I. during the period of probation. (1) If in the opinion of the authorized officer.

if any. as the case may be. suspend him.5. [(c) if it is proposed. he pass orders accordingly. the findings of the Inquiry Officer or Inquiry Committee. with the approval of the authority. the authorized officer shall determine whether the charge has been proved and-1 (a) if it is proposed to impose a minor penalty. the procedure indicated in rule 6 shall apply. case with all relevant documents to the Authority The Authority shall pass such orders as it 2 1 the 'authorized officer' shall submit the for appropriate orders. if any. inform the accused of him and the grounds of the action. he shall: to (a) by order in writing. (2) The authorized officer shall decide whether in the light of facts of the case or the interests of justice an inquiry should be conducted through an Inquiry Officer or Inquiry Committee.] [Provided that the authorized officer shall. intimate . (4) On receipt of the report of the Inquiry Officer or Inquiry Committee or where no such Officer or Committee is appointed.. shall (b) if it is proposed to impose a major penalty. may deem proper. Inquiry Procedure. and (b) give him a reasonable opportunity of the action proposed to be taken in regard showing cause against that action. is satisfied that in the interest of the security of Pakistan or any part thereof it is not expedient to give such opportunity. the explanation of the accused. by notice accompanied by a copy of the enquiry report. if appointed. to drop the proceedings. (3) If the authorized officer decides that it is not necessary to have an inquiry conducted through an Inquiry Officer or Inquiry Committee. provided that any continuation of such leave or suspension shall require approval of the authority after every three months.The following procedure shall be observed is proceeded against under these rules: when a civil servant (1) In case where a civil servant is accused of subversion. corruption or misconduct. on receipt of the explanation of the accused. Provided that no' such opportunity shall be given where the authority. the authorized officer may require him to proceed on leave or. subject to proviso to sub-rule (3). he shall forward the case to the authority alongwith the charge and statement of allegations served on the accused. and his own recommendations regarding the penalty to be imposed. before imposing minor penalty or recommending imposition or a major penalty. and the authority shall pass such orders as it may deem proper. If he so decides.

New clause (c) added by Notification No. Pt. 1984 (P. shall [*****] be communicated to the accused within fifteen days of such orders.] 3 ____________________________________________ 1. the authorized officer (a) frame a charge and communicate it to the accused to. (b) require the accused within a reasonable time.] 4 [(5) The orders passed by the Authority or the authorized officer. which shall not be less than seven days or more than fourteen days from the day charge has been communicated to him to put in a written Defence and to state at the same time whether he desires to be heard in person. SOIX-Reg(S&GAD)2/E/l/75 dated. as the case may be.IV-A. SOIX-REG(S&GAD)11-52/81 dated 9 th October. Procedure to be observed by the Inquiry Officer and Inquire (1) Where an Inquiry Officer or Inquiry Committee is shall- Committee :- appointed. SGG.81. SOR-I(S&GAD)I-4/98 Dated. Proviso added by Notification No. 1 3. 6. to the said notice shall be taken into consideration before imposing or recommending a penalty.gather with statement of the allegations explaining the charge and of any other relevant circumstances which are proposed to be taken into consideration. SO. SGG.] (6) If two or more civil servants are proceeded against jointly. 1998. as the case may be. 1984.Reg(S&GAD)2/B/l-73. recommended and the reply. if any "deleted by Notification No.IV-A. Sub rules (5) and (6) of rules 5 added by Notification No. 4. 1984. dated. The words "alongwith a copy of the enquiry report. 2. in respect of an such civil servants. the authority or authorized officer in respect of the senior most civil servant amongst them shall be the authority or authorized officer.the accused of the aforesaid penalty and grounds therefore and call upon him to show cause within a fortnight of the notice why the proposed penalty should not be imposed or. SOIXREG(S&GAD)Il/52. 21st August 1975 and Sub rule (5) of rule 5 further substituted by Notification No. 17th March 1976. dated. 9th October.Pt. 1984 (P-49).49).IX. 28th November. if any. .

-(1) For the purpose of an inquiry under these rules. (b) requiring the discovery and production documents. as the case may be. submit his or its findings and the grounds thereof to the authorized officer. Powers of Inquiry Office and Inquiry Committee . in . (c) receiving evidence on affidavits. 7. the progress of the enquiry he or it shall administer a warning. and (b) the reasons therefore shall be reported forthwith to the authorized officer. Rule 5 not to apply in certain cases. as the case may be.-Nothing in rule 5 shall apply to a case: - . shall hear the case from day to day and no adjournment shall be given except for reasons to be recorded in writing and where any adjournment is given-- (a) it shall not be for more than a week. the Inquiry Officer and the Inquiry Committee shall have the powers of a civil court trying a suit under the Code of Civil Procedure. or attempting to hamper. namely.(2) The Inquiry Officer or the Committee. and if thereafter he or it is satisfied that the accused is acting in disregard of the warning. (4) Where the Inquiry Officer or the Committee. 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. (d) issuing documents. 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 necessary and the accused shall be entitled to crossexamine the witnesses against him. (5) The Inquiry Officer or the Committee. 1908 (Act V of 1908). commissions for the examination of witnesses or any person and examining him on (2) The proceeding under these rules shall be deemed to be judicial proceeding within the meaning of sections 193 and 238 of the Pakistan Penal Code (Act XIV of 1860). shall within ten days of the conclusion of the proceeding or such longer period as may be allowed by the authorized officer. as the case may be. 1 (3) The Inquiry Officer or the Committee. as the case may be. is satisfied that the accused is hampering. 8.— (a) summoning and enforcing the attendance of oath.respect of the following matters.

of the circumstances leading to the order of his suspension or the commencement of the proceedings. (b) where the authority competent to dismiss or remove a person from service. 118).[(a) Where the accused has been convicted by a court and sentenced to imprisonment or fine on charge(s) involving moral turpitude.] 9. in this rule referred to as the borrowing authority. Pt. SGG. 1978 (P. hereinafter in this rule referred to as the lending authority. it is not reasonably practicable to give the accused an opportunity of showing cause. he shall be reinstated in service and the period of leave or. the borrowing authority is of opinion that any penalty should be . (2) If. [8-A.Treating leave or suspensions duty or re-instatement --If a civil servant who proceeds on leave or is suspended under sub-rule (1) of rule 5 is exonerated of the charge or no action has been taken against him. provided that in case of conviction on charge(s) of corruption the accused shall be dismissed from service. SOIX-REG(S&GAD)/B 1/73(PtJ) dated. Provided that the borrowing authority shall forthwith inform the authority which has lent his services. IV-A. in which case the competent authority shall on receipt of intimation of the conviction. in the light of the findings in the proceeding taken against the civil servant in terms of sub-rule (1). Procedure of Authority:inquiry against officers lent to other Government or 1 (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. Substituted by Notification No. as the case may be. make an order dismissing or removing the accused from service or reducing him in rank as it deems fit.] 1 ________________________________ 1. suspension shall be treated as duty. 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. is satisfied that. or to reduce a person in rank. 14i1i October 1978. for reasons to be recorded in writing by that authority. as the case may be: Provided further that the borrowing authority shall obtain prior approval of Government before taking any action under thee rules against a member of Class I Service or a holder of Class I post.

whose services have been lent to borrowing authority. Pt.For the purposes of the this sub-rule the period of thirty days shall be reckoned with effect from the day following the day on which the order appealed against is communicated to the Civil Servant] (2) The appellate authority shall. SOIX-REG(S&GAD)2/B/l-73 dated. 1982. 1977. Appeal: . as the case may be. within thirty days from the date of the order appeal to the appropriate authority given in the Schedule: [Provided that where the penalty is imposed by order of Chief Minister or Chief Justice. SGG. as the case may be and after perusal of such record and if considered necessary hearing the appellant and the representative of the authorized officer or the authority. 24 th to January 1977. [(3) Notwithstanding anything contained in these rules. Rule 8-A inserted by Notification No. call for the 'record of the case from the authorized officer or the authority. 5 th December. Subs for the original rule 10 which read as under: "10. P. Added by Notification No. 'authority' or 'appellate authority' in respect of civil servant.imposed on him.] [Explanation-. there shall be no appeal. by an order in writing. (P-5). 4 3 2 1 _____________________________ 1. 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. make such order as it may deem fit: Provided that if the appellate authority purposes to enhance the penalty. IV -A.IV. (1) A civil servant aggrieved by an order of the authorized officer or authority may. 2. ____________________________ 1.A person on whom penalty is imposed shall have right of appeal as may be prescribed by service rules applicable to him: .Provided that. where the penalty is imposed . it shall give the appellant reasonable opportunity to show cause against the enhancement of the penalty. SOIX-REG(S&GAD)/2/D/8/78 dated.A. Government may. SGG. but the civil servant or the member of the Sindh Judicial Service may apply for review of the orders. on receipt of the appeal. 1983. as the case may be. authorize the borrowing authority or any subordinate officer to such authority to exercise all or any of the powers of 'authorized officer'.] [10.

the Chief Minister or any officer or authority. The 2 st August6. . but the repeal shall not affect any action taken or any thing done or suffered thereunder. shall in relation to a member of Sindh Judicial Service. or may exercise any power of appellate authority: Provided that an order made under this rule. 4. SOIX-REG(S&GAD)2/E/l-75. SOR-I(S&GAD)2/3-93 Dated. 10-A (1) The Chief Minister or any officer of authority empowered by him may call for and examine the record of any proceeding under these rules for the purpose of satisfying himself as to the correctness. 13. Appearance of Counsel:-No party shall be represented by proceeding under these rules. irregularity of.by order of the Government. Repeal. if prejudicial to the civil servant. Explanation added below the proviso to sub-rule (1) of rule 10 by Notification No. SOIXREG(S&GAD)I/B/l. there shall be no appeal but the person concerned may apply for review of the order".] 3 [10-B. empowered by him. 7 th April. Provided further that an order imposing penalty shall not be 1 [six months] from the date of its preferred. such proceedings. as the case may be.73. 1960 in their application to the civil servants are hereby repealed. dated. 1999. dated the 17th March. (2) After examining the record under sub-rule (1).. shall not be passed unless he has been given opportunity of showing cause. 1976. or propriety of any finding. may direct further inquiry into the charges from which the civil servant has been exonerated.The West Pakistan Government Servants (Efficiency & Discipline) Rules. by Government of Sindh Notification No. Proviso substituted by Notification No. penalty or order in.] a lawyer in any 11. 1975. revised after the period of communication to the civil servant if no appeal is instance of the civil (3) No proceeding under this rule shall be entertained at the servant who has not filed the appeal] 2 [(4) The powers conferred on the Chief Minister under this rule. be exercised by the Chief Justice.

(2) The Council shall consist of the Chief Minister. 7-4-1999. (3) An Investigation Team shall have all the powers of Inquiry Committee under rule 7. constitute one or more Investigation Teams each consisting of 2 2 Officers of the [Basic Scale] normally not below [Basic Scale] 18. Rule 10-B added vide Notification No. Anti-Corruption Establishment.31 st July. (2) The Council may. Sub-rule (4) added by Notification No. (5) The Council shall meet at least once in three months at each Divisional Headquarter and hold Open Kutchery for receiving complaints against civil servants. submit its report to the of the entrustment of the enquiry to it. 3. SOR-I(S&GAD)2-3/93 dated. Substituted for "three months" by S&GAD Notification No. (4) The Investigation Team shall. 13. REG(S&GAD)2/B/l. . (4) The Director.-(1) The Council may make an order on the spot that an enquiry be made by an Investigation Team on any of the complaints of the nature mentioned in rule 3 received in Open Kutchery under rule 12. 1981 2. Officer or Inquiry Council within forty eight hours (5) On report submitted under sub-rule (4) the Council may issue or require the Authorized Officer to issue a notice to the accused civil servant calling upon him to show cause within such time as may be specified in the Notice why one or more penalties mentioned in these rules should not be imposed upon him.73 dated 26th February. Constitution of Anti-Corruption Council. one Officer of Accounts and one Revenue Officer. shall be the 1 an Anti-Corruption more Ministers nominated be required by the Chief Secretary to the Council. [12. and two or by the Chief Minister. Power of the Council. SOIX-REG(S&GAD)2/B/l. of whom one shall be Police Officer. 1976. one Engineer. (3) The Council shall be assisted by such Advisors as may Minister from time to time by a Notification. -(1) There shall be Council hereinafter referred to as the Council.__________________________ 1.73 dated.

I) dated. (8) In the event of dis-agreement between the Chief Minister and the majority of the members of the Council on any matter under this rule. Overriding Provision. 13 & 14 added vide Notification No. Rule-14 numbered as Sub-rule (1) and new Sub-rule (2) added by Notification No. 8 th January. SOIX-REG (S&GAD) 2/B1l.] 1 [(2) Noting in rule 12 and 13 shall apply to a member of the Sindh Judicial Service.[ (1) ] The provisions contained in rule 12 and 13 shall not affect the powers of the Chief Minister under other provisions of these rules. IV-A.3) (6) The Council may.73(Pt..73 dated 25 th February 1976. after receipt of the reply from the accused civil servant directly or through the Authorized Officer pass an order imposing one or more of the penalties under these rules on such civil servant. 1985. the order of the Chief Minister in such matter shall prevail. 1985 (P. SOR- . 1 14. 2. SGG.__________________________ 1. Pt. Substituted for "Grades" by Notification No. (7) Any civil servant aggrieved by an order of the Council may within thirty days from the communication of the order prefer review petition to the Council and the order passed by the Council on such petition shall be final.] _______________________ 1. Rules 12. SOIX-REG(S&GAD)2/B/1.

Authority competent to hear appeals representations. 2. 1999. 2 Secretaries of the Department. Chief Justice for Review] Chief Minister for Review] 6A. Officer in [Basic Scales] 16. 17.I(S&GAD)2/3-93 dated 7th April. 5. Head of Attached Department. ______________________________________________________________ 1. Secretary of the Department unless he is of a lower grade in which case Chief Secretary through the Secretary of the Department. Chief Justice 7. Chief Secretary Chief Secretary. Authority making the order. Chief Minister . No. and entertain 18 concerned and if there Secretary of the 3. the officer making the order is working. Senior Puisne Judge or a Judge Chief Justice nominated by the Chief Justice. 1 [SCHEDULE] See Rule (10) ______________________________________________________________ Sr. 4. Chief Minister [6. Head of the Attached Department is no Head of the Attached Department then Department concerned. The officer next above under whom and 19. Regional Head.

Substituted.__________________________ 1. SOIX-REG(S&GAD)2/F/l-75. 1975. 2. . SOR-l(S&GAD)2/3-93 dated 7 th April. dated 21 st August. Schedule to Rule 10 added by Notification No. 1999. by Notification NO.

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