Topic

Civil Servants Efficiency and

Discipline Rules

Qammer Shahzad
Assistant Professor (Economics)
FG Degree College For Boys Nowshera Cantt
• Types of Rules

• GOVT SERVANTS (CONDUCT)

RULES, 1964

• CIVIL SERVANTS (EFFICIENCY AND

DISCIPLINE) RULES, 2020

• GOVT. SERVANTS (APPEAL)

RULES,1977
Why Study Rules?
DIFFERENCE BETWEEN CONDUCT RULES 1964
AND E & D RULES 2020
Conduct Rules E & D Rules
• Defines the • Describe the procedure
misconduct of proceedings against
• Limit of Govt. Servants a govt. servant from
inquiry to the
is defined
imposition of penalties
• In case of any
• Major and Minor
transgression, E & D
penalties are also
rules become defined
operational
GOVT SERVANTS (CONDUCT) RULES,
1964
 GOVT SERVANTS (CONDUCT) RULES,
1964
• Extent of Application: Apply to every Civil Servant
whether on duty or on leave, within or without
Pakistan.
• Members of Govt Servant’s Family: Wife, Child or
Step Child and any other relative residing with and
wholly dependent upon Govt. Servant
• Section 5 to Section 30 of the Rules define the
limitations of Govt. Servants
Gifts

Acceptance of Foreign Awards

Public Demonstrations in favour of Govt. Servants

Gift to Medical Officers

Subscriptions

Lending and Borrowing

Declaration of Property

Disclosure of assets, Movable and Immovable

Speculation and Investment

Promotion and management of Companies

Private Trade Employment and Work

Subletting of Residential Accommodation allotted by

Govt.
Govt Servant Not to live beyond his means

Insolvency and Habitual Indebtedness

Intimation of involvement /Conviction in criminal Case

Unauthorized Communication of Official Docs and Info

Approach to Members of assemblies

Management of newspaper and periodicals

Communication to the press

Publication of anything that may embarrass the Govt.

Evidence before committees

Taking part in politics and elections

Propagation of sectarian creeds

Not to express views against ideology of Pakistan

Public demonstration against Govt. Decisions

Nepotism, Favoritism and Victimization

Membership of Service associations

Use of Political and other influence

Approaching Foreign missions and Aid Giving agencies

CIVIL SERVANTS (EFFICIENCY AND
DISCIPLINE) RULES, 2020
GROUNDS FOR
PROCEEDINGS
Competent authority must first establish ground for
proceeding against any Govt. Servant:-
(a) Considered or reported to be Inefficient or has ceased
to be efficient
(b) Considered or reported to be guilty of misconduct
(c) Considered or reported to be corrupt because
(a) He or any of his dependents own property/money
disproportionate to his known sources of income
(b) Living beyond his means
(d) Engaged or is reasonably suspected of being engaged
in anti state activities.
(e) Absent without leave
PENALTIES THAT CAN
BE IMPOSED
(a) Minor Penalties:

(i) Censure;
(ii) Withholding of Increment, subject to a
maximum of three years
(iii) Reduction to lower stage in pay scale,
subject to a maximum of three years
(iv) Withholding of promotion, subject to a
maximum of three years
(b) Major Penalties
i. recovery of the whole or part of any
monetary loss caused to Government
ii. Reduction to lower post and pay scale,
subject to maximum of three years
iii. compulsory retirement;
iv. removal from service; and
v. dismissal from service, disqualified for
future employment
vi. Punishment (Jail Time/Fine) imposed by
other court will also be imposed.
SUSPENSION AND
LEAVE
• Authority may place the officer, against whom
proceedings are proposed, under suspension or send
him on Leave
• Initially for 120 days or till conclusion of proceedings
• During suspension the officer is entitled to pay,
allowances and other benefits.
• If an officer is sent on leave, such period shall be
treated as on duty.
• If an officer is absent from duty during proceedings,
such period shall be treated as EOL without pay.
INITIATION OF PROCEEDINGS
 Proceedings may be initiated
(1)On the basis of any knowledge or information
(2)Either of the following may happen

Dispense with
Inquiry and issue
show cause, if Order Inquiry
• In case sufficient evidence does not
exist
• Convicted
• Absent from duty
• Sufficient Evidence
 In case of No Inquiry
• Show Cause Under Rule 7
• Reply of accused is sought in 10-14 days
• CA to Decide in 30 days, in case of delay accused
may approach appellate authority for early
dispensation of case
• Personal hearing granted with CA before passing
order
• Exonerated, if found innocent
• If charges are proved, major or minor penalty is
imposed.
 WHERE INQUIRY IS NECESSARY
(1) The Written Inquiry order passed shall include-
(a) appointment of an inquiry officer or an inquiry
committee
(b) the grounds for proceeding and charges along
with apportionment of responsibility;
(c) appointment of the departmental
representative
(d) direction to the accused to submit written
defense within 10-14 days, ex-parte proceedings
will be initiated in case of no reply
 CONTINUED….

(e) examine all evidence and to cross-examine

such witnesses
(f) Inquiry to be completed within 60 days
And report to be submitted within 07 days from
date of completion of inquiry
(g) Inquiry report be examined by CA and determine
whether charges have been proved against the
accused or not.
(h) If found innocent, shall exonerate the accused by
an order in writing
2ND SHOW CAUSE NOTICE TO THE ACCUSED IF
CHARGES ARE PROVED
• show cause notice to the accused by which
it shall-
(a) inform him of the charges proved against
him
(b) the penalties proposed to be imposed
upon him;
(c) Allowed to submit additional defense in
writing, if any, within fifteen days
 Continued…
• Personal Hearing be allowed.
• The competent authority shall decide the case
within thirty days,
• The accused may submit an application before
the appellate authority for early decision of his
case
• May submit departmental appeal or Review
Petition
Proceeding Before or During Training
• An accused civil servant who has been nominated for
training but has not yet joined, his nomination shall
be withdrawn forthwith
• A civil servant who has already joined the training,
proceedings may be deferred till completion of
training
• No civil servant shall be denied training, on the
pretext of proceedings, for more than one year
Duties of Departmental Rep
The Dept. Rep shall;
• Render full assistance to inquiry officer
or committee; shall be personally
present on each hearing along with
relevant record
• Cross Examine the witness of accused
• Rebut the grounds of defence offered by
the accused
GOVT. SERVANTS (APPEAL)
RULES,1977
• Civil Servants (Appeal) Rules,1977 deals with
right to appeal
• An aggrieved civil servant may submit
appeal/review petition to the appellate
authority within thirty days from the date of
communication of the order to him
• Where more than one civil servant is affected,
everyone shall appeal separately.
• Where the aggrieved civil servant has died, the
appeal may be filed by his legal heirs
 APPELLATE AUTHORITY
Who passed the order Appellate Authority

Authorized Officer Officer designated as

“Authority” under E&D Rules

Officer designated as The officer or authority next

“Authority” under E&D Rules above

Prime Minister President

President No Appeal; may apply for review

of order
APPEAL BEFORE FEDERAL SERVICE
TRIBUNAL
• After rejection of Dept. appeal, an appeal to the
Federal Service Tribunal Within thirty days
• In case departmental appeal or review petition, is
not communicated within sixty days
• Govt servant may file an appeal in the Federal
Service Tribunal within a period of ninety days
• After that department can not take any further
action.
 REQUIREMENTS OF APPEAL
(1)Every memorandum of appeal shall contain-
(a) full name and address, official designation and
place of posting of the appellant;
(b) brief facts leading to the appeal;
(c) a certified copy of the order appealed against
and copies of documents on which the appellant
wishes to rely.
(2) The appeal shall be submitted through the Head
of the office in which the appellant is posted at the
time of filing the appeal.
(3) No appeal shall be entertained if it contains
abusive, disrespectful or improper language.
 WITHHOLDING OF APPEAL IN CERTAIN
CASES
Rule 5 An appeal be withheld by the competent
authority if-
(a) in which no appeal lies under these rules; or
(b) does not comply with the requirements of rule 4;
or
(c) not preferred within the time limit
(d) addressed to wrong authority
• Appeal may be resubmitted within thirty days of
the date on which the appellant is informed of the
withholding of the appeal
 ACTION BY THE APPELLATE AUTHORITY
(1)The appellate authority shall determine-
(a) whether the facts on which the order was passed have
been established;
(b) whether the facts established afford sufficient ground for
taking action ; and
(c) Whether the penalty is excessive, adequate or inadequate
and
(2) After such determination, shall either
a) confirm,
b) set aside or
c) pass such order as it deems proper
(3)The competent authority shall implement the orders made by
the appellate authority
THANK YOU
FOR YOUR
ATTENTION!