Government Employee Accountability

THE GOVERNMENT SERVANTS (EFFICIENCY AND DISCIPLINE) RULES, 1973 The Government Servants (Efficiency and Discipline) Rules, 1973, are a set of regulations in Pakistan that outline the procedures and standards related to the efficiency, discipline, and conduct of government employees. Enacted in 1973, these rules provide a legal framework to govern the performance and behavior of civil servants working in various government departments and institutions. In this introduction, we will explore the historical context, key objectives, and legal significance of these rules. In exercise of the powers conferred by section 25 of the Civil Servants Ordinance, 1973 (No.XIV of 1973), the President is leased to make the following rules, namely: –   Short title, commencement and application. -(1) These rules may be called the Government Servants (Efficiency and Discipline) Rules, 1973. (2) They shall come into force at once and shall apply to every civil servant.   Definitions.- In these rules unless the context otherwise requires,- (1) “accused” means a Government servant against whom action is taken under these rules; (2) “authority” means the appointing authority prescribed in rule 6 of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973. Provided that in the case of disciplinary proceedings already initiated against a Government servant before 14th June, 2000, the powers of “authority” shall be exercised by the officer designated as such before the aforesaid date. (3) ”authorised officer” means an officer authorized by the authority to perform functions of an uthorized officer under these rules or, if no officer is so authorized, the authority; (4) ”misconduct” means conduct prejudicial to good order or service discipline or contrary to Government Servants (Conduct) Rules, 1964 or unbecoming of an officer and, a gentlemen and includes any act on the part of a Government servant to bring for 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 Government servant; and (5) “Penalty” means a penalty which may be imposed under these rules.   Grounds for penalty.-Where a Government 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 hich 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 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 unauthorized person and his retention in service is, therefore, prejudicial to national security, the authority may impose on him one or more penalties.   Penalties.-(1) The following are the minor and major penalties, namely- (a) Minor Penalties: (i)         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; (ii)        stoppage, for a specific period, at an efficiency bar in the time scale, otherwise than for unfitness to cross such bar; (iii)       recovery from pay of the whole or any part of any pecuniary loss cause to Government by negligence or breach of orders; (b) Major Penalties: (i)         reduction 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 terms of the contract.   Inquiry Procedure.-(1) The following procedure shall be observed when a Government servant is proceeded against under these rules:- (i) In case where a Government servant is accused of subversion, corruption or misconduct, the authorized 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. Provided further that where the authority is President or Prime Minister, the Powers of the authority under this clause shall be exercised by the Secretary, Establishment Division. (ii) 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. If he so decides, the procedure indicated in rule 6 shall apply. (iii) If the authorized officer decides that it is not necessary to have an inquiry conducted through an Inquiry Officer or Inquiry Committee, he shall- (a) by order in writing, inform the accused of the action proposed to be taken in regard to him and the grounds of the action; and (b) give him a reasonable opportunity of showing cause against that action: Provided that no such opportunity shall be given where 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. (iv) On receipt of the report of the Inquiry Officer or Inquiry Committee ,or where no such officer or Committee is appointed, on receipt of the explanation of the accused, if any, the authorized officer shall determine