Civil Service Accountability Sindh

The Sindh Civil Servants (Efficiency and Discipline) Rules, 1973, are a set of regulations applicable in the province of Sindh, Pakistan, that govern the conduct, efficiency, and discipline of civil servants. These rules are designed to establish a framework for maintaining discipline and ensuring the effective performance of civil servants in their respective roles within the provincial government.   CONTENTS   Preamble 1 Short title, commencement and application 2 Definitions 3 Grounds for penalty 4 Penalties 4-A   5 Inquiry procedure 6 Procedure to be observed by the Inquiry Officer and Inquiry Committee 7 Powers of Inquiry Officer and Inquiry Committee 8 Rule 5 not to apply in certain cases 8-A Treating leave or suspension as duty on reinstatement 9   10   10-A     SCHEDULE 11 Repeal 12 Constitution of Anti-Corruption Council 13 Power of the Council 14 Overriding provisions     The Sindh Civil Servants (Efficiency and Discipline) Rules, 1973 10th  September, 1973 In exercise of the powers conferred by section 25 of the Sindh Civil Servants Ordinance, 1973, the Government of Sindh is pleased to make the following rules, namely:- Short title, commencement, and application.-(1) These rules may he called the Sindh Civil Servants (Efficiency and Discipline) Rules, 1973. (2) They shall come into force at once and shall apply to all civil servants wherever they may be: [Provided that the civil servants of such category or grade 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,- (1) “accused” means a civil servant against whom action is taken under these rules; [(2) “authority” means the Chief Minister or any officer or authority designated by him to exercise the powers of the authority under these rules]. (3) “authority officer” means [the Chief Secretary or] 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 prejudicials 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 post; (iii) stoppage, for a 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 orders (b) Major penalties ; (i) reduction [for a specific period] to a lower post or time-scale, or to a lower stage in a time-scale; (ii) compulsory retirement; (iii) removal from service ; and (iv) dismissal from service. (2) Removal from service does not, but dismissal from 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 term of the contract. 4-A.-(1) If in the opinion of the authorised officer, there are sufficient grounds for proceedings against the civil servant under these rules, he shall take action in accordance with rule 5. (2) Notwithstanding anything contained in these rules the authority may in any case exercise all powers of authorised officer or give any direction to the authorised officer as it may deem fit : Provided that such directions shall be given by the Chief Minister alone if Chief Secretary is the authorised officer. 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 continuation 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 an inquiry should be conducted through an Inquiry Officer or Inquiry Committee. If he so decides, the procedure indicated in rule 6 shad apply.