3. Civil Servants Rules 2020
(Efficiency and Discipline)
Prime Minister of Pakistan repealed civil servants
Act 1973( Act No. LXXI of 1973)
References: Cabinet Secretariat, Establishment, Notification
circulated by MoST No.16/28/2000-R-II
4. Grounds for proceedings a Penalty
Civil servant is liable to be proceeded under following rules
by authority:
1) Reported inefficient
2) Reported guilty for mis-conduct
3) Corrupt
4) Engaged in subversive (disrupted) activities
5) Disclosure of official secrets
5. Accused
A civil servant who has been
reported inefficient
Inquiring Authority
A senior rank officer
Can be an Inquiry officer/Convener/Member
May be replaced during the inquiry if required by the
authority
6. Rules for Penalties
1. Censure
2. Withholding of increments ( Maximum 3 years)shall not be imposed upon a civil servant
who has reached the maximum of his pay scale/will superannuate within the period of
penalty.
3. Reduction to a lower stage/pay scale ( Maximum 3 stages)
4. Withholding the promotion for a specific period (Maximum 3 years)
5. Recovery of embezzled ( Theft/Stolen) money
6. Reduction to a lower post/pay scale
7. Removal from services shall disqualify the civil servant for future Gov Employment
8. Dismissal from services
9. Suspension and leave
7. Initiation of Proceedings
1. Provision of documents
2. Accused to be informed (In case authority decides not to hold inquiry).
3. Reasonable opportunity for accused of showing cause within 10 to 14 days
4. An opportunity of personal hearing to be provided to Accused
5. After the reply authority shall decide within 30 days except the cases where
President/PM are authority
6. Exonerate(release) the accused In case of victim
7. Impose penalties if the accused is guilty
Note: It will not apply on the grounds of dismissal of services (i.e. led to a
sentence of fine/imprisonment/ removal from the position)
8. Rules of Inquiry
Record of the case and the list of witnesses may be provide to
inquiry committee/officer
Charges should be communicated to accused within 14 days
Direction of the accused to submit his written defence within 10
to14 days(or extended period if allowed by authority)
Failure of submitting accused reply will be considered Ex-Parte (
One sided)
9. Rules of Inquiry
Witness statement will be taken in the presence of accused and departmental
rep.
Accused claims for medical ground/leave will be recommended by
authorized medical officer during the inquiry
Inquiry shall be completed within 60 days (May be extended by competent
Authority)
Inquiry report must contain clearly findings charged or not charged
10. Rules of Inquiry
Accused can proceed/complete training/Scholarship if already joined
training
Accused’s leave shall be cancelled by the authority/called back from
the leave
Authority to ensure the proceeding report from Inquiry
officer/committee has been conducted according to rules/facts, order
de novo and take explanation from the Inquiry Committee/Officer
11. Rules of Inquiry
Providing him reasonable opportunity of showing cause and can
reconsider Inquiry committee decision
After receipt of show cause notice decides the case within 30 days (May
be extended if President/PM involved)
Authority can call accused, departmental rep before him or before
hearing officer.
Liable to issue show case notice or exonerate letter to the accused
12. Power of Inquiry Officer
Inquiry Committee/Officer/Member shall have a power of civil court (Code of
civil procedure, 1908) in respect of following:
1. Summoning and enforcing the attendance of any person and examining
him on oath
2. Requiring production of documents
3. Receiving evidences on Affidavit
4. Issuing commissions for the examination of witnesses/documents
5. The proceedings under these rules shall be deemed to be judicial
proceedings within the meaning of sections 193 and 228 of the Pakistan
Panel Code
13. Revision
Authority may call record of any pending case at inquiry officer.
No order can be passed without the hearing of the accused
14. Duties of Departmental Representative
Render full assistance to the inquiry officer/inquiry committee
Fully prepared with all the relevant record
Cross examined the witnesses provided by the accused
Rebut( oppose a formal legal argument) the grounds of defence offered by the
accused before the inquiry committee
In case of failure of departmental duties, may be laible for departmental
proceedings
15. Inquiry against the civil officer
(on deputation)
Authority may ask the Govt /or borrowing organization to frame the charges
against the civil servant and forward the same to his parents department
Initiate proceedings against him on its own under these rules:
1. Establishment Division may referred the case the to Chief Secy of a
Province
2. Proceedings against any Chief Secy of a province/charged with the
approval of PM.
16. Appeal/Appearance of Council/Repeal
Civil servant have right to appeal, In case when President is involved there
shall be no appeal but to review of the order.
No party shall be represented by an advocate/councel
The Gov Servants Rules, 1973 repealed and all the proceedings pending
immediately before the commencement of this rule against the civil servant
under repealed rules shall continue under the repealed rule