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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,
SOR-I(S&GAD)2-3/93 dated. Substituted for "Grade" by S&GAD Notification No. promotion. (4) "misconduct" means conduct prejudicial to good order of service discipline or contrary to West Pakistan Government Servants (Conduct) Rules.dated the 21st August 1975. SOIX-REG(S&GAD)2/E/l-75. punishment. SOIX-REG(S&GAD)2/BIl. 1975. 1999 . see Sindh government Gazette. SGG. 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. transfer. 1975. (a) is inefficient or has ceased to be efficient. 1 (1) "accused" means a civil servant against whom action is taken under these rules. or (c) is corrupt. in the opinion of the authority. or may reasonably be considered corrupt because _____________________ 1. Proviso added by Notification No. The th 7 April 1999. Substituted for semi column by Notification No. 3. retirement or other conditions of service of a civil servant: and (5) "penalty" means a penalty which may be imposed under these rules. Pt.3). 1 2. IV-A. 1985(P. 1 4 (2) "authorized officer" means [the Chief Secretary or] an officer authorized. IV-A. 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]. By Notification No. dated. 2 3.!) dated the 8th January 1985. 21st August. 1 (2) "authority" means the Chief Minister or any officer or 2 authority under these rules[:] . 3. by the authority to perform functions of an authorized officer under these rules. SOR-I(S&GAD)2/3-93 dated. Pt. or (b) is guilty of misconduct. Grounds for penalty -Where a civil servant. pages 79-82. 7 th April. Subs.73 (PT.
otherwise than. 4. otherwise than pecuniary loss caused to penalties namely: 1 (iii) stoppage. or (d) is engaged.3 4. or (iii) he has a persistent reputation of being corrupt. in accordance with the (iii) rules or orders pertaining to the service or post. in subversive activities. in the time-scale. or (ii) he has assumed a style of living beyond his ostensible means. (i) he. period. Penalties. in possession (for which he cannot reasonably account) of pecuniary resources or of property disproportionate. and his retention in service is therefore prejudicial to national security. 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. for a specific. promotion or increment. the authority may impose on him one or more penalties. (ii) withholding. is or any of his dependents or any other person through him or on his behalf is. (iv) recovery from pay of the whole or any part of any Government by negligence or breach of orders. dated. to his known sources of income. SOIX-REG(S&GAD)2/E/l-75. or is reasonably suspected of being engaged. . 1975. at an efficiency bar for unfitness to cross such bar. The words inserted by Notification No. for a specific period. for unfitness for promotion or financial advancement.-(1) The following are the minor and major (a) Minor Penalties: 1 1 (i) censure. The 21 st August.
. (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]. or (c) engaged under a contract. (ii) compulsory retirement. SOIX-REG(S&GAD)2/B/l-73(Pt. Minister __________________________________ 1. (iii) removal from service. but dismissal from for future employment. there are sufficient grounds for proceeding against the civil servant under these rules. of contract. removal or dismissal from service does not discharge of a person-(a) appointed on probation. (1) If in the opinion of the authorized officer. to hold a on the expiration of the period of appointment. and (iv) dismissal from service. or (b) appointed. otherwise than under a contract. (2) Removal from service does not. in accordance with the terms 2 service does. Pt. .I. [4-A.I) dated 25 th February 1980. Rule 4-A. 2. during the period of probation. Inserted by Government of Sindh Notification No. 1980 (P. dated 21 st August 1975. or to a lower stage in a time-scale. or probation or training rules applicable to him.220). he shall take action in accordance with rule 5.(b) Major Penalties: 1 1 (i) reduction [for a specific period] to a lower post or time-scale. SOIX-REG(S&GAD)2/E/l-5. disqualify include the in accordance with the temporary appointment. SGG. The words inserted by Notification No. (3) In this rule.
and the authority shall pass such orders as it may deem proper. subject to proviso to sub-rule (3). [(c) if it is proposed. he pass orders accordingly. may deem proper. (4) On receipt of the report of the Inquiry Officer or Inquiry Committee or where no such Officer or Committee is appointed.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. intimate . (3) If the authorized officer decides that it is not necessary to have an inquiry conducted through an Inquiry Officer or Inquiry Committee. the authorized officer may require him to proceed on leave or.. suspend him. corruption or misconduct. if any. if appointed. as the case may be. shall (b) if it is proposed to impose a major penalty.5. before imposing minor penalty or recommending imposition or a major penalty. if any. the procedure indicated in rule 6 shall apply.] [Provided that the authorized officer shall. and his own recommendations regarding the penalty to be imposed. to drop the proceedings. the authorized officer shall determine whether the charge has been proved and-1 (a) if it is proposed to impose a minor penalty. he shall: to (a) by order in writing. and (b) give him a reasonable opportunity of the action proposed to be taken in regard showing cause against that action. by notice accompanied by a copy of the enquiry report. with the approval of 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. the findings of the Inquiry Officer or Inquiry Committee. on receipt of the explanation of the accused. If he so decides. (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 any continuation of such leave or suspension shall require approval of the authority after every three months. he shall forward the case to the authority alongwith the charge and statement of allegations served on the accused. Provided that no' such opportunity shall be given where the authority. inform the accused of him and the grounds of the action. Inquiry Procedure. the explanation of the accused. 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.
1984 (P-49). 4.49). SOR-I(S&GAD)I-4/98 Dated. the authorized officer (a) frame a charge and communicate it to the accused to. (b) require the accused within a reasonable time.IV-A. if any. SGG. 1984 (P. recommended and the reply. SOIXREG(S&GAD)Il/52. 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. New clause (c) added by Notification No. 1 3.gather with statement of the allegations explaining the charge and of any other relevant circumstances which are proposed to be taken into consideration. 2.Reg(S&GAD)2/B/l-73. 21st August 1975 and Sub rule (5) of rule 5 further substituted by Notification No. The words "alongwith a copy of the enquiry report. 28th November. 1984. SOIX-REG(S&GAD)11-52/81 dated 9 th October.Pt. SGG.81. Proviso added by Notification No. SOIX-Reg(S&GAD)2/E/l/75 dated.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. . to the said notice shall be taken into consideration before imposing or recommending a penalty. Sub rules (5) and (6) of rules 5 added by Notification No. SO. dated. the authority or authorized officer in respect of the senior most civil servant amongst them shall be the authority or authorized officer. as the case may be. in respect of an such civil servants. 1984. 1998. 6. Pt. Procedure to be observed by the Inquiry Officer and Inquire (1) Where an Inquiry Officer or Inquiry Committee is shall- Committee :- appointed. shall [*****] be communicated to the accused within fifteen days of such orders. as the case may be.IV-A. if any "deleted by Notification No.IX.] 3 ____________________________________________ 1. 9th October.] (6) If two or more civil servants are proceeded against jointly. 17th March 1976.] 4 [(5) The orders passed by the Authority or the authorized officer. dated.
(5) The Inquiry Officer or the Committee. 1 (3) The Inquiry Officer or the Committee. in .-Nothing in rule 5 shall apply to a case: - . 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 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. 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. the Inquiry Officer and the Inquiry Committee shall have the powers of a civil court trying a suit under the Code of Civil Procedure. as the case may be. as the case may be. is satisfied that the accused is hampering. shall within ten days of the conclusion of the proceeding or such longer period as may be allowed by the authorized officer. 1908 (Act V of 1908). or attempting to hamper.— (a) summoning and enforcing the attendance of oath.respect of the following matters. (4) Where the Inquiry Officer or the Committee. and if thereafter he or it is satisfied that the accused is acting in disregard of the warning. (d) issuing documents. Rule 5 not to apply in certain cases. Powers of Inquiry Office and Inquiry Committee . (c) receiving evidence on affidavits.-(1) For the purpose of an inquiry under these rules. submit his or its findings and the grounds thereof to the authorized officer. (b) requiring the discovery and production documents. 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.(2) 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. as the case may be. 8. as the case may be. namely. 7.
in this rule referred to as the borrowing authority. Provided that the borrowing authority shall forthwith inform the authority which has lent his services.[(a) Where the accused has been convicted by a court and sentenced to imprisonment or fine on charge(s) involving moral turpitude. make an order dismissing or removing the accused from service or reducing him in rank as it deems fit. hereinafter in this rule referred to as the lending authority.] 9. SOIX-REG(S&GAD)/B 1/73(PtJ) dated. [8-A. is satisfied that. suspension shall be treated as duty.] 1 ________________________________ 1. as the case may be. Pt. 1978 (P. Substituted by Notification No. in which case the competent authority shall on receipt of intimation of the conviction. it is not reasonably practicable to give the accused an opportunity of showing cause. of the circumstances leading to the order of his suspension or the commencement of the proceedings. (2) If. 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. 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. the borrowing authority is of opinion that any penalty should be . for reasons to be recorded in writing by that authority. (b) where the authority competent to dismiss or remove a person from service. 14i1i October 1978. provided that in case of conviction on charge(s) of corruption the accused shall be dismissed from service. 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. IV-A. in the light of the findings in the proceeding taken against the civil servant in terms of sub-rule (1). or to reduce a person in rank. he shall be reinstated in service and the period of leave or.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. SGG. 118).
5 th December. 'authority' or 'appellate authority' in respect of civil servant. as the case may be. ____________________________ 1.] [10. Added by Notification No. where the penalty is imposed . 1983. IV -A. Subs for the original rule 10 which read as under: "10. Rule 8-A inserted by Notification No. Pt. SOIX-REG(S&GAD)2/B/l-73 dated. SGG. but the civil servant or the member of the Sindh Judicial Service may apply for review of the orders. 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. P. 4 3 2 1 _____________________________ 1. 24 th to January 1977. whose services have been lent to borrowing authority.imposed on him. by an order in writing.A person on whom penalty is imposed shall have right of appeal as may be prescribed by service rules applicable to him: . 1977. authorize the borrowing authority or any subordinate officer to such authority to exercise all or any of the powers of 'authorized officer'. SOIX-REG(S&GAD)/2/D/8/78 dated. SGG.] [Explanation-. (1) A civil servant aggrieved by an order of the authorized officer or authority may. 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. make such order as it may deem fit: Provided that if the appellate authority purposes to enhance the penalty. on receipt of the appeal. 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. (P-5). Appeal: . 1982. as the case may be. Government may.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. call for the 'record of the case from the authorized officer or the authority.A. 2. it shall give the appellant reasonable opportunity to show cause against the enhancement of the penalty. there shall be no appeal.IV. [(3) Notwithstanding anything contained in these rules.Provided that.
shall in relation to a member of Sindh Judicial Service. Proviso substituted by Notification No. 7 th April. SOR-I(S&GAD)2/3-93 Dated. be exercised by the Chief Justice. 1976. Provided further that an order imposing penalty shall not be 1 [six months] from the date of its preferred. empowered by him. but the repeal shall not affect any action taken or any thing done or suffered thereunder. 4. SOIX-REG(S&GAD)2/E/l-75. or may exercise any power of appellate authority: Provided that an order made under this rule. 1960 in their application to the civil servants are hereby repealed. or propriety of any finding. Explanation added below the proviso to sub-rule (1) of rule 10 by Notification No. . 1999. by Government of Sindh Notification No. dated the 17th March. there shall be no appeal but the person concerned may apply for review of the order".by order of the Government. the Chief Minister or any officer or authority. as the case may be.] a lawyer in any 11. may direct further inquiry into the charges from which the civil servant has been exonerated. Appearance of Counsel:-No party shall be represented by proceeding under these rules.] 3 [10-B. (2) After examining the record under sub-rule (1). 1975. 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. SOIXREG(S&GAD)I/B/l.73. 13. shall not be passed unless he has been given opportunity of showing cause. 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. such proceedings.The West Pakistan Government Servants (Efficiency & Discipline) Rules. irregularity of. penalty or order in.. Repeal. if prejudicial to the civil servant. dated. The 2 st August6.
(4) The Investigation Team shall.-(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. 3. of whom one shall be Police Officer. one Officer of Accounts and one Revenue Officer. SOIX-REG(S&GAD)2/B/l. 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. (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. [12. (3) The Council shall be assisted by such Advisors as may Minister from time to time by a Notification.73 dated 26th February.31 st July. one Engineer. 1976. and two or by the Chief Minister. (4) The Director. . shall be the 1 an Anti-Corruption more Ministers nominated be required by the Chief Secretary to the Council. (3) An Investigation Team shall have all the powers of Inquiry Committee under rule 7. Rule 10-B added vide Notification No.73 dated. submit its report to the of the entrustment of the enquiry to it. Constitution of Anti-Corruption Council. Power of the Council. (2) The Council may. SOR-I(S&GAD)2-3/93 dated. Anti-Corruption Establishment. -(1) There shall be Council hereinafter referred to as the Council. 13. Substituted for "three months" by S&GAD Notification No. 7-4-1999. REG(S&GAD)2/B/l. constitute one or more Investigation Teams each consisting of 2 2 Officers of the [Basic Scale] normally not below [Basic Scale] 18. Sub-rule (4) added by Notification No. 1981 2.__________________________ 1. (2) The Council shall consist of the Chief Minister.
[ (1) ] The provisions contained in rule 12 and 13 shall not affect the powers of the Chief Minister under other provisions of these rules. 1985 (P.. the order of the Chief Minister in such matter shall prevail. Overriding Provision.] 1 [(2) Noting in rule 12 and 13 shall apply to a member of the Sindh Judicial Service. IV-A. SOR- .3) (6) The Council may. (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.73(Pt. Rule-14 numbered as Sub-rule (1) and new Sub-rule (2) added by Notification No. 2.73 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. Pt. Substituted for "Grades" by Notification No. 13 & 14 added vide Notification No.__________________________ 1. 8 th January.I) dated. SOIX-REG (S&GAD) 2/B1l. SGG. 1 14. Rules 12. (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. SOIX-REG(S&GAD)2/B/1.] _______________________ 1.
Senior Puisne Judge or a Judge Chief Justice nominated by the Chief Justice.I(S&GAD)2/3-93 dated 7th April. Head of Attached Department. Head of the Attached Department is no Head of the Attached Department then Department concerned. No. ______________________________________________________________ 1. Chief Minister . 1999. Chief Justice for Review] Chief Minister for Review] 6A. and entertain 18 concerned and if there Secretary of the 3. 2. 5. Regional Head. The officer next above under whom and 19. 4. Secretary of the Department unless he is of a lower grade in which case Chief Secretary through the Secretary of the Department. Chief Secretary Chief Secretary. Chief Minister [6. 1 [SCHEDULE] See Rule (10) ______________________________________________________________ Sr. Officer in [Basic Scales] 16. 17. Authority competent to hear appeals representations. 2 Secretaries of the Department. Authority making the order. the officer making the order is working. Chief Justice 7.
Substituted. SOR-l(S&GAD)2/3-93 dated 7 th April. 1975. 1999. by Notification NO. SOIX-REG(S&GAD)2/F/l-75. 2. Schedule to Rule 10 added by Notification No. dated 21 st August. .__________________________ 1.
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