The document summarizes the key aspects of the Punjab Employees Efficiency, Discipline and Accountability Act of 2006, which establishes procedures for investigating and penalizing government employees for misconduct, corruption, or inefficiency. It outlines the various penalties that can be imposed, from minor penalties like censure to major penalties like dismissal. It also describes the processes for initiating proceedings, conducting inquiries, issuing show cause notices, holding personal hearings, and appeals. The purpose of the act is to ensure accountability of government employees and allow for imposition of penalties if employees are found guilty of misconduct or other offenses.
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Versions of different E&D Rules to date
The West Pakistan Inquiry Act 1958
The West Pakistan Govt. servants (E&D) Rules, 1960
The Punjab civil servants (E&D) Rules (13 March,1975)
The Punjab civil servants (E&D) Rules, (21 June, 1999)
The Punjab removal from service (Special Powers)
Ordinance, (18 September, 2000)
The Punjab employees efficiency, discipline
accountability Act XII of 2006 (17 October, 2006)
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The Punjab Employees Efficiency, Discipline
& Accountability Act, 2006
1. Short title, extent, commencement and application.
This Act may be called the Punjab Employees, Efficiency,
Discipline and Accountability Act, 2006.
It extends to the whole of the Punjab.
It shall come into force at once.
It shall apply to:
Employees in govt. service and,
Employees in corporation service and,
Retired employees of govt. and corporation service;
provided that proceedings under this Act are initiated
against them during their service or within one year of
their retirement.
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2. Definitions
a) Government
b) Employee
c) Competent authority
d) Appellant Authority
e) Accused
f) Co accused
g) Inquiry officer
h) Inquiry committee
i) Hearing officer
j) D.R.
k) P.W.
l) D.W.
m) Charge
n) Chief minister
o) Corruption
p) Inefficiency
q) Misconduct
r) De novo Inquiry
s) Prescribed
t) Section
u) Plea Bargain
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3. Grounds for proceedings and penalty
An employee shall be liable to be proceeded against
under this Act; if he is ;
I. Inefficient;
II. Guilty of misconduct;
III. Guilty of corruption;
IV. Engaged in subversive activities.
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4. Penalties
The competent authority may, notwithstanding anything
contained in any law or the terms and conditions of service
of the accused, by an order in writing impose one or more of
the following penalties:-
a) Minor Penalties
i. censure
ii. Withholding of increment/increments,for a specific
period to the extent of 5 increments;
iii. Fine not exceeding basic pay of one month;
iv. Reduction to lower stage or stages in pay scale, subject to
a maximum of 5 stages,
v. Withholding of promotion for a specific period subject to
a maximum of 5years (wef his junior is promoted)
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Penalties
Major penalties
i. Recovery of loss from pay or pension or any amount
payable to the accused, the whole or a part of it or
under the law for the time being in force;
ii. Reduction to a lower post or pay scale for a specific
period subject to a maximum of 5years;
iii. Forfeiture of past service for a specific period
subject to maximum of 5 years;
iv. Compulsory retirement ;
v. Removal from service ;
vi. Dismissal from service.`
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Penalties
Penalties after retirement
i. Withholding of pension or any part thereof ;
ii. Withdrawal of pension or any part thereof;
iii. Recovery of loss caused to the govt., the whole
or any part of it, from pension or any amount
payable to the accused under law by the time
being in force.
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5. Initiation of Proceedings
i. If on the basis of its own knowledge or information placed before it, the
competent authority may proceed as under;
A. Show cause notice method/ summery procedure.
B. Regular enquiry
Procedure in show cause notice method under section 7 is adopted , in case of
conviction by a court, absence from duty without prior approval of leave and
possession of sufficient grounds/ documentary evidence against the accused.
i. The competent authority shall inform the accused by an order giving specific
charges,
ii. to show cause with in 7 days.
iii.Determination as to charges have been proved or otherwise ;
iv. The competent authority shall decide the case within 90 days, failing which
the accused may file an application before the appellate authority for early
decision of his case.
v. Affording an opportunity of personal hearing;
vi. Issuance of final order by the competent authority
Provided that where charge of grave corruption are proved against the
accused ,he shall be dismissed from service. In case of absence of one year
from duty, the accused shall be compulsorily retired/removed/dismissed from
service.
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6. Suspension
The competent authority may suspend the accused on
initiation of proceedings under section 7 for 90 days,
extendable for further 90 days. Provided that the
continuation of the period of suspension shall require the
prior approval of the competent authority for each period
of extension.
If the period of suspension is not extended within
thirty days of the expiry of initial period of suspension
,the employee shall be deemed to be reinstated .
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7. Regular Enquiry
1. Appointment of an enquiry officer or an enquiry
committee;
2. Detailed charges to be mentioned in the same order ;
3. Appointment of DR.;
4. Written defense to be submitted by the accused
within seven days
5. Record of the case with the list of witnesses is to be
communicated to the enquiry officer/ enquiry
committee.
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8. Procedure to be followed by enquiry
officer/committee
1. Enquiry of charges, taking statements of the parties and
opportunity to cross- examination of witnesses from either
side
2. Proceedings to be finalized ex parte, if the accused fails to
submit his reply within the fixed period
3. Enquiry to be held on day to day basis
4. Hampering of enquiry proceedings by the accused on some
pre text or medical grounds
5. Submission of enquiry report within 60 days with specific
recommendations.
6. The recommendations of the inquiry officer or the inquiry
committee, as the case may be ,shall not be binding on the
competent authority.
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9. Powers of the enquiry officer/ committee
1. He/ it shall have the powers of a civil court under
the code of civil procedure 1908 as follows :
2. Summon and attendance of any person and
examining him on oath.
3. Discovery or production of the relevant record.
4. Constituting a commission for specific purposes.
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10. Duties of the Departmental
Representative
1. Full assistance during the enquiry proceedings;
2. Cross examination of the witnesses ;
3. Rebut the grounds of defense offered by the
accused.
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13. Final order by the competent Authority
1. Minute examination of the report ;
2. Decision as to proof of charges;
3. If charges are not proved, the competent authority shall
exonerate the accused;
4. If the charges are proved the competent authority shall issue a
show cause notice,, as to penalty to be impose upon him;
5. Opportunity of personal hearing;
6. Provision of enquiry report;
7. Presence of the DR;
8. Finally he shall issue orders of exoneration of one or more
penalties imposed upon the accused;
9. In case , the competent authority is satisfied that enquiry
proceedings have not been properly conducted, he may order a
de novo enquiry.
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Detail of other sections of this Act
14.Personal hearing by the hearing officer
15.Procedure of enquiry against officers lent to other government
, etc
16.Departmental appeal and review
17.Revision
18.Appearing of counsel
19.Appeal before Punjab Service Tribunal
20.Act to override other laws
21.Proceedings under this Act
22.Indemnity
23.Jurisdiction barred
24.Power to make rules
25.Removal of difficulties
26.Repeal (cancel pevious rules)
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PRESCRIBED PERIOD FOR COMPLETON
OF PROCEEDINGS
Submission of written defense by the accused within seven
days or an extended period by the competent authority
Submission of enquiry report within sixty days or an
extended period.
Completion of proceedings within ninety days. On delay ,the
accused may file an application to the appellate authority for
early decision of his case.
Appeal against penalty order to the next authority within
thirty days.
Aggrieved by final order passed under section 16 or section
17,the accused may prefer an appeal to the Punjab Service
Tribunal within thirty days
If departmental appeal or review petition is not decided
within sixty days, the accused may file an appeal in PST,
whereafter, the authority concerned shall not take any further
action .
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MODEL DRAFT ORDER OF APPOINTMENT OF INQUIRY
OFFICER/ COMMITTEE TO BE SIGNED / ISSUED BY THE
COMPETENT AUTHORITY UNDER THE PEEDA ACT, 2006
1. Whereas, the undersigned as Competent Authority under the PEEDA 2006, is of the
opinion that there are sufficient grounds to proceed against Mr._______( name, names
and designation of the accused) under section 3 of the Act ibid on the charges of
(inefficiency, misconduct, corruption and engagement in the subversive activities). I,
therefore, order initiation of disciplinary proceedings against the accused under the
PEEDA Act 2006.
2. And whereas , I consider that in the light of the facts of the case and in the
interest of justice, it is necessary to hold an inquiry. I, therefore, appoint Mr.________(
name and designation) as inquiry officer/ inquiry committee consisting of the
following:
1) Mr.____ (name and designation/ Convener)
2) Mr.____ (name and designation/ Member)
3) Mr.____ (name and designation/ Member)
To proceed against the accused in term of section 5 read with section 9 of the Act ibid
and to conduct into the following charges:
i. ______________
ii. ______________
iii. ______________
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3. The accused officials is / are directed to submit his/ their written defense to the
inquiry officer or committee, with in 7 days of the date of the receipt of the order
( or within such extended period as may b determined by Competent Authority).
If he/ they fail to submit his/ their written defense with in the prescribed period, it
shall be presumed that either he/ they have no defense to offer or he/ they
declined to offer the same and he/ they have accepted the charges.
4. Mr. _____________is appointed as Departmental Representative in terms of
section 9 read with section 12 of the ACT ibid.
5. In case the accused official/officials desires/ desire to consult any record on
which the aforesaid charges are based or is relevant to the aforesaid charges, he/
they may do so with prior arrangement with the undersigned or the departmental
representative within _________ days of the receipt of the order
6. The inquiry officer or inquiry committee shall submit his/ its report and
recommendations to the undersigned within 60 days of the initiation of the
inquiry in terms of Section10 of the Act ibid.
SIGNATURES OF THE COMPETENT AUTHORITY
NAME AND DESIGNATION
(Note: Model is only for guidance and may be modified keeping in
view the requirements of the case.)
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MODEL SHOW CAUSE NOTICE UNDER SECTION 7 READ
WITH SECTION 5 OF THE PEEDA ACT, 2006 TO BE ISSUED
BY THE AUTHORITY
To
---------------------------------------------
------------------------------------------------
Subject: SHOW CAUSE NOTICE
1. WEREAS, THE UNDERSIGNED AS Competent Authority, under the PEEDA
ACT2006 in due consideration of the facts of this case, is of the view that you,
Mr._______ while posted as _________ during the period from ___ to___ have
committed the following irregularities and there are sufficient grounds to
proceed against you:
i. ______________
ii. ______________
iii. ______________
2. And whereas, the undersigned is of the opinion that it is not necessary to hold an
enquiry into the matter in view of the provisions contained in Section 5 of the
Act ibid. it is therefore, proposed to proceed against you under section 7 read
with section 5of PEEDA Act 2006.
3. Now, therefore, you are hereby called upon to show cause in writing within 7
days or( within such period as may be extended by the competent authority ) of
the receipt of this notice as to why one or more of the penalties as prescribed in
section 4 of PEEDA ACT 2006 should not be imposed upon you.
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4. Your reply to this Show Cause Notice shall reach
the undersigned within the said period, failing
which it shall be presumed that you have no
defense to offer.
5. In case you desire to consult any record, on which
the aforesaid charges are based or is relevant to the
aforesaid charges. You may do so with prior
arrangement with the undersigned within____ days
of the receipt of this notice.
COMPETENT AUTHORITY
NAME AND DESGNATION
Note: (Model is only for guidance and may be modified keeping in view the requirements of the
case)
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MODEL DRAFT OF NOTICE OF PERSONAL
HEARING UNDER SECTION 14 OF PEEDA
ACT, 2006
To
---------------------------------
---------------------------------------
Subject: PERSONAL HEARING NOTICE
On the basis of the enquiry conducted against you, the undersigned has determined that the
following charges stand proved against you:
i. ___________
ii. ___________
iii. ___________
A copy of the enquiry report is enclosed. It is proposed on you the penalty of
___________( state here the proposed penalty.
You are hereby offered the opportunity of personal hearing before the undersigned or the
hearing officer,Mr.___________.
For the purpose you are hereby advised in your own interest, to appear before the aforesaid
officer on______________
AUTHORITY
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mpose penalty of ________ ________ under section 4-b ( ) OF
the PEEDA ACT , 2006 upon _______
______________________
with immediate effect.
DEO( --------)
_________
(competent authority)
A copy submitted to__________ ________________________
signature
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26. Cases
Due to 13% result of 5th
class PEC exam.
A Bs-18 officer with the charge of corruption.
A SST is found involved in malpractices during
SSC exam.
A bogus appointment of a class IV servant is
reported.
A junior clerk a superintendent and a D y.DEO
are found involved in embezzlement.
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27. Important Reminder/ Limitation
Enquiry Officer to complete proceedings within 60 days
Competent Authority to announce the decision within 90
days
Appeal before Appellate Authority against decision of
CA within 30
Decision by the Appellate Authority within 90 days
Appeal before the PST against decision of AA within 30
days
Appeal in Supreme Court within 60 days
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