The Sindh Civil Servants (Efficiency and Discipline) Rules, 1973

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.

The

Sindh Civil Servants

(Efficiency and Discipline)

Rules, 1973

10^th  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:-

1. 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.
   (3) If the authorised 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.
   (4) 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 authorised officer shall determine whether the charge has been proved and”“
   (a) if it is proposed to impose a minor penalty, he shall pass orders accordingly ;
   (b) if it is proposed to impose a major penalty, he shall forward the case to the authority alongwith the charge and statement of allegation served, on the accused, the explanation of the accused, the findings of the Inquiry Officer or Inquiry Committee, if appointed, and his own recommendations regarding the penalty to be imposed, and the authority shall pass such orders as it may deem proper.
   [(5) The orders passed by the authority will be communicated to the accused or notified in the official gazette by the authorised officer or the department concerned.
   (6) If two or more civil servants are proceeded against jointly, the authority or authorised officer in respect of the senior most civil servant amongst them shall be the authority or authorised officer, as the case may be, in respect of all such civil servants].

   6. Procedure to be observed by the Inquiry Officer and Inquiry Committee: –
   (1) Where an Inquiry Officer or Inquiry Committee is appointed, the authorised officer shall-
   (a) frame a charge and communicate it to the accused together with statement of the allegation explaining the charge and/or any other relevant circumstances which are proposed to be taken into consideration ;
   (b) require the accused within a reasonable time, which shall not be less than seven days or more than fourteen days from the day the 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;
   (2) The Inquiry Officer or the Committee, as the case may be, 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 cross-examine the witness against him.
   (3) The Inquiry Officer or the Committee, as the case may be, 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 ; and
   (b) the reason therefor shall be reported forthwith to the authorised officer.
   (4) Where the Inquiry Officer or the Committee, as the case may be, is satisfied that the accused is hampering, or attempting to hamper, the progress of the enquiry, he or it shall administer a warning, and if thereafter he or it is satisfied that the accused is acting in disregard of the warning, 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.
   (5) The Inquiry Officer or the Committee, as the case may be, shall within ten days of conclusion of the proceedings or such longer period as may be allowed by the authorised officer, submit his or its findings and the grounds thereof to the authorised officer.

   7. Powers of Inquiry Officer and Inquiry Committee.– (l) For the purpose of an inquiry under these rules, the Inquiry Officer and the Inquiry Committee shall have the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:-
   (a) summoning and enforcing the attendance of any person and examining him on oath ;
   (b) requiring the discovery and production of documents;
   (c) receiving evidence on affidavits ;
   (d) issuing commissions for the examination of witnesses or documents.
   (2) The proceedings under the rules shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Pakistan Penal Code (Act XLV of I860).

   8. Rule 5 not to apply in certain case.-Nothing in rule 5 shall apply to a case-
   [(a) Where the accused has been convicted by a Court and sentenced to imprisonment or fine on charge(s) involving moral turpitude, in which case the competent authority shall on receipt of intimation of the conviction, make an order dismissing or removing the accused from service or reducing him in rank as it deems fit ; provided that in case of conviction on charge(s) of corruption the accused shall be dismissed from service]; or
   (b) where the authority competent to dismiss or remove a person from service, or to reduce a person in rank, is satisfied that, for reasons to be recorded in writing by that authority, it is not reasonably practicable to give the accused an opportunity of showing cause.

   8-A. Treating leave or suspension as duty on 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 charges or no action has been taken against him, he shall be re-instated in service and the period of leave or as the case may be, suspension shall be treated as duty.

   9. Procedure of inquiry against officers lent to other Government or Authority: —
   (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, in this rule referred to as the borrowing authority, 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 :
   Provided that the borrowing authority shall forthwith inform the authority which has lent his services, hereinafter in this rule referred to as the lending authority, of the circumstances leading to the order of his suspension or the commencement of the proceedings, as the case may be:
   Provided further that the borrowing authority shall obtain prior approval of Government before taking any action under these rules against a member of Class I Service or a holder of a Class I post.
   (2) If, in the light of the findings in the proceedings taken against the civil servant in terms of sub-rule (1), the borrowing authority is of opinion that any penalty should be imposed on him, 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.

   10-(1) A civil servant aggrieved by an order of the authorised officer or authority may, 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, there shall be no appeal but the civil servant may apply for review of the orders.
   (2) The appellate authority shall, on receipt of the appeal call for the record of the case from the authorised officer or the authority, as the case may be, and cause notice to be given to the parties, and after perusal of such record and hearing the appellant, if necessary and the representative of the authorised officer or the authority, as the case may be, make such order as it may deem fit:
   Provided that if the appellate authority proposes to enhance the penalty, it shall give the appellant reasonable opportunity to show cause against the enhancement of the penalty.

   10-A.-(1) The Chief Minister or any officer or 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, or propriety of any finding, penalty or order in, or irregularity of, such proceedings.
   (2) After examining the record under sub-rule (1), the Chief Minister or any officer or authority empowered by him, as the case may be, may direct further inquiry into the charges from which the civil servant has been exonerated, or may, exercise any power of appellate authority :
   Provided that an order made under this rule, if prejudicial to the civil servant, shall not be passed unless he has been given opportunity of showing cause:
   Provided further that an order imposing penalty shall not be revised after the period of [six] months from the date of its communication to the civil servant if no appeal is preferred.
   (3) No proceeding under this rule shall be entertained at the instance of the civil servant who has not filed the appeal.

SCHEDULE
(See rule 10)

11. Repeal.-The West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960 in their application to the civil servants are hereby repealed, but the repeal shall not effect any action taken or anything done or suffered thereunder.

    12. Constitution of Anti-Corruption Council.-(1) There shall be Anti-Corruption Council hereinafter referred to as the Council.
    (2) The Council shall consist of the Chief Minister, and two or more Ministers nominated by the Chief Minister.
    (3) The Council shall be assisted by such Advisers as may be required by the Chief Minister from time to time by a Notification.
    (4) The Director Anti-Corruption Establishment, shall be the Secretary to the Council.
    (5) The Council shall meet at least once in there months at each Divisional Headquarter and hold Open Kutchery for receiving complaints against civil servants.

    13. Power of the Council.-(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
    (2) The Council may, constitute one or more Investigation Teams each consisting of Officer of the grade normally not below grade 18, of whom one shall be Police Officer, one Engineer, one Officer of Accounts and one Revenue Officer.
    (3) An Investigation Team shall have all the powers of Inquiry Officer or Inquiry Committee under rule 7.
    (4) An Investigation Team shall, submit its report to the Council within forty-eight hours of the entrustment of the enquiry to it.
    (5) On report submitted under sub-rule (4) the Council may issue or require the Authorised 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.
    (6) The Council may after receipt of the reply from the accused civil servant directly or through the Authorised Officer pass an order imposing one or more of the penalties under these rules on such civil servants.
    (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.
    (8) In the event of disagreement between the Chief Minister and the majority of the members of the Council on any matter under this rule, the order of the Chief Minister in such matter shall prevail.

    14. Overriding Provisions.– The provisions contained in rules 12 and 13 shall not affect the powers of the Chief Minister under other provisions of these rules.

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