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Enquiry under
PEEDA ACT, 2006
BY
Ch. Ghulam Hasan Shakir
Director (Admn) (Retired)
Directorate of Public Instruction (EE) Punjab,
Lahore
Contact: 0333-4400780
042-37592521
TYPES OF INQUIRY
 Preliminary Inquiry
Probing / Probe
Regular Inquiry
Departmental Inquiry
Informal Inquiry Disciplinary Proceedings
Investigation Disciplinary Action
Facts Finding Inquiry
Collection of Evidences and
Record
Probing Officer
The Punjab Employees
Efficiency , Discipline and
Accountability Act, 2006
Inquiry Officer
PRELIMINARY ENQUIRIES
( Complaints )
(Probing / Probe / investigation / Non-formal enquiry/ Facts Finding Inquiry/
Collection of Evidence & Documentary Proofs)
Grounds for initiating probing.
Verbal complaint.
Telephonic complaint.
Own Knowledge.
Written complaint.
Direction by the higher authorities.
Request by the lower formation.
Other agencies.
Requirements: Copy of Notional Identity card and affidavit.
Anonymous / Pseudonymous complaints
No action required but where loss caused to the Government Exchequer OR misuse
of powers by any officer /authority OR embezzlement, then probing may be taken place.
Who can order for probing.
Any higher authority / controlling authority / Competent authority.
Limitation of probing.
Unlimited i.e. one allegation in complaint but more than one in probing.
Complaint against one person but more than one to be involved.
Parallel probing is allowed
Time Limit
As desired by the Authority.
Effects
No effect on service.
PROCEDURE OF PROBING
•Recoding of statement of complainant / applicant
•Recording of statements of witnesses provided by complainant / applicant along with
documents / record.
•Collection of relevant proofs / record.
•Recording the statement of complainee.
•Recording of statements of witnesses producing by complainee in his / her defence.
•Use of Camera for Photography
•Hand writing expert / Forensic Laboratory
•Verification from Immigration Deptt. ( F.I.A )--- Travelling abroad.
REPORT WRITING (IN 3rd PERSON)
Reference __________ authority ________ letter No. _______ dated _______
Brief of allegations.
Brief of statements of complainant and witnesses produced by him.
Brief of statements of compalinee and defence witnesses.
Analysis of statements and documentary record produced by both parties.
Conclusion ________ allegations __________ proved _________ nor proved _________
partially proved.
Recommendations ________ no need for further action OR
initiation of regular inquiry under PEEDA Act, 2006 as the case may be.
Signature / name with designation /
address of Probing Officer.
Certificate:
Certified that probing report is consisted of --- pages and complete probing file is
consisted of ______ pages and each page is initialed by me
Signature & Seal of probing officer
DEPARTMENTAL INQUIRIES
Disciplinary Action – Regular Inquiry
The West Pakistan Government Servants (Efficiency and Discipline Rules, 1960).
The Punjab Civil Servants (Efficiency & Discipline) Rules, 1975.
The Punjab Civil Servants (Efficiency & Discipline) Rules, 1999. (21.06.1999)
The Punjab Removal from Service (Special Powers) Ordinance, 2000.
The Punjab Employees Efficiency, Discipline and Accountability Act 2006.
Status Of Departmental Enquiry
Judicial Process / Quasai judicial process
Short title, extent, commencement and application (Section 1)
The Punjab Employees Efficiency, Discipline and Accountability Act 2006
(17.10.2006) PEEDA Act, 2006
Whole Punjab.
Employees in Government Service.
Employees in Corporation, Autonomous body, Organization controlled by Govt. etc.
Retired employees of government and corporation service; provided that proceedings
under this Act are initiated against them during their services or within one year of their
retirement.
but does not include Judge 0f Lahore High Court or any court subordinate to that court
or employees of such courts AND an employee of Police. (Dated 30-07-2012)
Grounds for proceedings and penalty. (Section –3)
(i) Inefficient or has ceased to be efficient for any reason. . -------- { See
Section 2 (k) of this Act }
(ii) Guilty of Misconduct. -------- { See Section 2 (n) of this Act and The
West Pakistan Govt. Servants (Conduct) Rules, 1966 }
(iii) Guilty of Corruption or is reasonably considered to be corrupt; -----
(See Section –2 (g) of this Act for detail)
(iv) Engaged or is reasonably believed to be engaged in subversive
activities and his retention in service is prejudicial to national security,
or is guilty of disclosure of official secrets to any unauthorized person.
Record Required for Initiation of Inquiry.
Own knowledge. (Inspection) (with record)
Probing Report with complete record.
Anti-Corruption Establishment/CMIT or other agencies. (with record)
BISE/University/Election Commission of Pakistan or any other such Institution
(with Record/Probing Report)
Direction of any higher authority with record.
Request by any controlling officer / lower formation with record.
Competent Authority: Section –2 (f) (Initiation of Inquiry and Imposition of Penalty)
Appointing Authority
Authority Interested in result of Proceedings
does not desire to act as competent authority due to personal reasons, he shell report
the matter to the next higher authority who shell authorized and other officer of the
corresponding rank and status to act as the competent authority in a specific case but
other Chief Minister
Summary Trial – through Show Cause Notice/ Personal Hearing
{Section 5 (1)(a) } read with Section 7 (b)
Show cause notice – in writing with action proposed.
Grounds of action.
Reasonable opportunity – within 7 days or within extended period.
Opportunity refused: in the interest of security of Pakistan or any part there of
Decision within 90 days except Chief Minister, if not then application to appellate
authority
Section 7 (d) personal hearing notice
Section 7 (f) imposition of penalty.
Suspension (Section – 6)
Suspension for 90 days extendable, if not extended after the expiry of 30 days, the
employees shall be deemed to be reinstated.
Initiation of Inquiry by Competent Authority { Section – 5 (b) read with Section 9
Charge Sheet
Appointment letter for Inquiry Officer (s)./ Inquiry Committee
Charges along with apportionment of responsibility.
Appointment of Departmental Representative (D.R.)
Direction to the accused to submit written defence within 7 days of the date receipt
of orders or such extended period.
List of Witnesses.
All relevant record.
Co-accused (Joint Inquiry) – Committed irregularities in convince of each other by
various officers / officials, the enquiry officer or
convener of the inquiry committee will be appointed
according to the accused officer/ official, senior in rank
Characteristics of enquiry officer (s).
 Senior in rank.
 Sound mind / sound health.
 Should not be biased.
 Impartial
 Sufficient knowledge of conducting enquiry.
 Male member for male and female for female/ combine
committee for co-accused male/female.
 In case enquiry committee. Convener should be senior in rank.
Charges should be:-
 Self-explanatory.
 Clear / no ambiguity.
 Comprehensive
 Facts and figure
 No question.
Action in case of conviction or ple bargain under any law. (Section 8)
Convicted by a court of law – entered into plea bargain – acquitted by a court of
law as a result of compounding of an office involving moral turpitude or effecting
human body.
Procedure followed by inquiry officer / inquiry committee. (Section 10)
 Receiving of written defence within 7 days.
 Summoning of accused person (s)
 Summoning of witnesses
 Recording of statement of witness in the presence of accused person -recording
the statements by inquiry officer in narration type – R.O. & AC.
 Recording of statements/ Proceeding day by day.
 Cross Examination.
 Findings and recommendations within 60 days after initiation of inquiry.
 Hampering or attempting to hamper by the accused – complete the inquiry in
such manner deems proper in the interest of justice.
Cross-examination by accused person, explanation by Inquiry Officer
HOSTILE WITNESS – Cross-examination by Departmental Representative.
.
Powers of the Inquiry Officer or Enquiry Committee (Section – 11)
 Powers of Civil Court, try a suit under the Code of Civil Procedure 1908
(Act V of 1908)
 Summoning and enforcing the attendance of any person and examining
him on oath;
 Requiring the discovery and production of documents.
 Receiving evidence on affidavits; and
 Issuing commissions for the examination of witnesses or documents.
The Code of Civil Procedure (V of 1908)
Section 27, summon of defendants/accused persons
Section 30, power to order discovery and the like wise
Section 31, summon to witness
Section 75, power of court to issue commission.
Summon to accused / witnesses
(Order V Rules 1-30)
 By hand
 Through registered letter/Fax
 Through any other office /officer
 Affixing a copy of summon on the outer door or some other conspicuous
part of house.
 Substituted service – as such as the court thinks fit…. News papers
Procedure to be followed by the Inquiry Officer/Inquiry Committee.
(Section – 10)
Power to regulate its own procedure, fixing of place, time, date etc.,
Detail of proceedings – date wise.
Duties of Department Representative. (Section –12)
(Public prosecutor / Government pleader )
 Render full assistance to the inquiry officer or the inquiry committee
or hearing officer or the authority concerned, as the case may be,
during the proceedings where he shall be personally present and
fully prepared with al the relevant record relating to the case on each
date of hearing.
 Cross-Examine the witnesses produced by the accused and with
permission of the inquiry officer or inquiry committee, as the case
may be, the prosecution witnesses in case of their turning hostile,
 Rebut the grounds of defence offered by the accused before the
hearing officer or the authority concerned.
Report Writing by Inquiry Officer (report should be written in 3rd person)
Subject: Inquiry Report In Regard With Inquiry Under PEEDA ACT, 2006 against
Mr.______________________
Reference – (a) Authority, (b) E.O/ E.C, (c) accused person (s)
(d) D.R ( e) Charges
Statement of Mr. Bashir ( PW—1)
Mr. Bashir stated in his statement ( Annex.---) that…………….
Statement of Mr. Saleem / Accused Person.
Mr. Saleem stated in his statement ( Annex.---) that…………….
Analysis of statements and record/documentary proofs.
Conclusion----- proved, partially proved, not proved
Recommendation.
Submitting to the authority along with all annexure / record, signature with full
name and designation. Each page of Inquiry Report and all documents be
initialed / signed by Inquiry Officers.
Page marking necessary.
Certificate____ Certified that inquiry report is consisted of ___ pages and each
page is singed by me / us and complete file is consisted of ___ pages.
Appearance Of Counsel (Section –18)
Action By Competent Authority (section – 13)
1. Examine the report and relevant material and determine whether the
inquiry has been conducted in accordance with the provisions of this Act.
2. Whether the charges have been proved or not.
3. Where the charges have not proved, the authority shall exonerate the
accused by order in writing.
4. Where the charge proved, the authority shall issue show cause cum
personal hearing notice to the accused.
(a) Inform him of the charges proved and penalty proposed.
(b) Give him reasonable opportunity of showing cause within 7-days of
the receipt of the notice.
(c) Indicate of the date of personal hearing or appoint a hearing officer.
(d) Provide a copy of inquiry report.
(e) Direct the Departmental Representative to appear.
5. (i) exonerate the accused
(ii) impose any one or more of the penalties.
Provided that:-
charges of grave corruption --- dismissal from service with recovery
absence from duty for a period of more that one year --- compulsory
retirement or removal or dismissal from service
In case of inquiry proceeding not conducted in accordance with the
provision of this act --- remand the inquiry to the inquiry officer or may order
a de novo inquiry.
Decision within 60 days.
If not decided within 60 days then accused file an application before the
appellate authority.
Penalty Order should be passed in speaking order.
Personal Hearing ( section--- 14 )
Below Secretary--- by himself
Secretary and above--- through Hearing Officer
Penalties [Section 4 ]
(a) Minor
(i) censure;
(ii) withholding of increment or increments, for a specific period, subject to
the maximum of 5-years
(iii) fine not exceeding basic pay of one month;
(iv) reduction to a lower stage or stages in pay scale, subject to a maximum
of five stages, for a specific period and.
(v) Withholding of promotion for a specific period, subject to a maximum of
five years; provided that this period shall be counted from the date
when a person junior to the accused is considered for promotion and is
promoted on regular basis for the first time;
(b) Major
i. Recovery from pay, pension or any other amount payable to the accused, the whole
or a part of any pecuniary loss caused to the Government or the organization in which
he was employed, and if the amount due from any such person cannot be wholly
recovered from the pay, pension or any other amount payable to him, such amount
shall be recovered under the law for the time being in force;
ii. Reduction to a lower post and pay scale from the substantive or regular post for a
specific period subject to a maximum of five years;
iii. Forfeiture of past service for a specific period subject to a maximum of five years;
iv. Compulsory retirement;(at least 10 years qualifying service)
v. Removal from service; (does not disqualify from future employment)
vi. Dismissal from service;(disqualify from future employment)
(C) Penalties after retirement:-
(i) Withholding of pension or any part thereof for a specific period keeping in view loss
caused to Government.
(ii) Withdrawing of pension or any part thereof for a specific period keeping in view loss
caused to Government. and
(iii) Recovery from pension or any other amount payable to the accused, of pecuniary
loss caused to the Government or the organization in which he was employed, and
if the amount due from any such person can no be wholly revered under the law for
the time being in force.
Departmental Appeal and review (Section – 16)
Departmental appeal against order passed by competent authority within thirty days from
the date of communication of the order directly to the appellate authority
Review Petition :- in case order passed by Chief Minister ---- within 30 days from the
date of communication of the order, directly to the Chief Minister.
Requirements of Departmental Appeal / Review Petition.
Form of petition.
In writing.
Concisely the grounds of objection.
Contain respectful and proper language.
To file with the competent appellate authority within prescribed time, otherwise
justification of delay.
Action by Departmental appellate authority,
Opportunity of Personal Hearing
 Call for the record of the case and comments from the concerned Department /
Office and decide it within 60-days. Decision should be in speaking order.
 Uphold the order of penalty and reject the appeal / review petition
 Set aside the orders and exonerate the accused; or
 Modify the orders and reduce or enhance the penalty; or
 Set aside the order of penalty and remand the case to the competent
authority.
 In case inquiry has not been conducted in accordance with the provision
of this act or the facts and merits have been ignored --------------- hold a
DE NOVO inquiry or rectify the procedural lapses or irregularities in the
proceedings.
In case of enhancement in penalty: -
Inform the accused of the action proposed to be taken against him and the grounds of
such action. Give him a reasonable opportunity to show cause notice.
Revision. (Section – 17)
The Chief Minister, Chief Secretary or the Administrative Secretary or any other
appellate authority may call for the record of any proceedings within one year of
the order of exoneration or imposition of a penalty, passed by the competent
authority or the order of appellate authority, as the case may be, for the purpose
of satisfying himself as to the correctness, legality or propriety of such
proceedings or orders.
Action:-
(i) Uphold the order of the competent authority / appellate authority
(ii) to hold de novo inquiry.
(iii) Impose or enhance penalty ---- subject to by giving reasonable
opportunity of show cause against the proposed action and an
opportunity of personal hearing.
Appeal before Punjab Service Tribunal, Lahore (Section – 19)
Within 30-days from the date of communication of the order of rejection of appeal.
In case, decision on Departmental Appeal or Review Petition is not received
within a period of 60 days, the effected employee may file an appeal in Punjab
Service Tribunal, with a period of 30-days of expiry of the aforesaid period. Where
after the authority with whom the Departmental Appeal or Review is pending, shall
not take any further action.
Only Civil Servants can file appeal in Punjab Service Tribunal other employees in
High Court or Labor Court.
Appeal ( CPLA ) before Supreme Court of Pakistan
Aggrieved employee or Department may file appeal in Supreme Court within 60
days ageist judgment/order passed by Service Tribunal.
Proceeding under this ACT. (Section – 20)
In case of retired employees, the proceedings so initiated against him shall be
finalized not later than two years of his retirement.
Repeal : (Section 21)
The Punjab Removal from Service (Special Powers) Ordinance 2000 is repealed,
provided that all proceedings pending immediately before the commencement of
this Act shall continue under the said ordinance or rules or any other law.
THE PUNJAB CIVIL SERVANTS ACT, 1974
Punjab Act No. VIII of 1974
Section 12 Retirement from service
(1) Civil servant shall retire from service—
i) On such date after he has completed twenty years of service
qualifying for pension or other retirement benefits as the
competent authority may, in public interest, direct; or
ii) Where no direction is given under clause (i) on the completion of
the sixtieth year of his age.
(2) No direction under clause (i) of sub-section (1) shall be made until the
Civil Servant has been informed in writing of the grounds on which it is
proposed to make the direction and has been given a reasonable
opportunity of showing cause against the said direction.
Explanation: In this section “competent authority” means the appointing authority
prescribed in rules 6 of the Punjab Civil Servants (Appointment and
condition of Service) Rules 1974.
------------------------------------
*No.13-LVII/2000 dated 08.08.2001
Extract from “Pakistan Penal Code”
Section:-193. Punishment for false evidence
Whoever intentionally gives false evidence in any stage of a judicial proceeding or fabricates false
evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be liable to
fine;
And whoever intentionally gives or fabricates false evidence in any other case, shall be punished with
imprisonment of either description for a term which may extend to three years, and shall also be liable to
fine.
Explanation 1.—A trial before a Court-martial is a judicial proceeding.
Explanation 2.—An investigation directed by law preliminary to a proceeding before a Court of
Justice, is a stage of a judicial proceeding, though that investigation may not take place before a
Court of Justice.
Illustration
A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for
trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial
proceeding, A has given false evidence.
Explanation 3.—An investigation directed by a Court of justice according to law, and conducted
under the authority of a Court of justice, is a stage of a judicial proceeding, though that investigation may
not take place before a Court of Justice.
Illustration:
A. in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of
land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a Judicial
proceeding, A has given false evidence.
Section:-228 Intentional insult or interruption to public servant sitting in judicial proceeding.
Whoever intentionally offers any insult, or causes any interruption to any public servant while such public
servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a
term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Copy of letter No.SORI (S&GAD) 1-30/2003 (P-I), Government of the Punjab, Services
& General Administration, Department (Regulations Wing), dated 13.12.2006,
addressed to all concerned.
Subject: THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND
ACCOUNTABILITY ACT 2006.
I am directed to refer to the subject noted above and to state that the Punjab
Employees Efficiency, Discipline and Accountability Act 2006 has since been
promulgated w.e.f. 17.10.2006. The following model order/notices required to be issued
by the respective competent authorities are enclosed for information/guidance:
 Draft order inquiry [under section 9 read with section 5 (1) (b)]
 Show cause notice [under section 7 (b) read with section 5 (1) (a)]
 Personal hearing notice [under section 7 (d)]
 Show cause-sum-personal hearing notice [under section 13 (4)]
Sd/-
(ABDUL QAYOUM)
Deputy Secretary (Rules)
MODEL DRAFT ORDER OF APPOINTMENT OF INQUIRY OFFICER/COMMITTEE TO BE SIGNED / ISSUED BY THE COMPETENT
AUTHORITY UNDER SECTION 9 READ WITH SECTION 5(1)(b) OF THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND
ACCOUNTABILITY ACT 2006
WHEREAS, the undersigned as Competent Authority under the Punjab Employees Efficiency, Discipline and Accountability Act
2006, is of the opinion that there are sufficient grounds to proceed against Mr. M/s. ______ (name/names and designation of
the accused) under Section 3 of the Act ibid on the charges (of inefficiency, misconduct, corruption and engagement in
subversive activities). I, therefore, order initiation of disciplinary proceedings against the accused under the Punjab Employees
Efficiency, Discipline and Accountability Act 2006.
2. AND WHEREAS, I consider that in the light of facts of the case and in the interest of justice, it is necessary to hold an inquiry. I,
therefore, appoint Mr. ________________ (name & designation) as inquiry officer/inquiry committee consisting of the following:
Mr. _______________( Name & Designation/Convener)
Mr. ________________ (Name & Designation/Member)
Mr. _______________ (Name & Designation/Member)
To proceed against the accused in terms of Section 5 read with Section 9 of the Act ibid and to conduct inquiry into the
following charge(s):-
i. ________________(Give full description of the charge)
ii. ________________ -do-
iii. ________________ -do-
3. The accused official/officials is/are directed to submit his/their written defence to the Inquiry Officer/the Inquiry Committee,
within seven days of the date of receipt of this order (or within such extended period as may be determined by the Competent
Authority). If he/they fail to submit his/their written defence within the prescribed period, it shall be presumed that either he/they
have no defence to offer or he/they have declined to offer the same and he/they have accepted the charge(s).
4. Mr. _______________(name & designation) is appointed as Departmental Representative in terms of Section 9 (1)(c) 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 charge(s), he/they may do so with prior arrangement with the undersigned or the Departmental
Representative within ____________days of the receipt of this order.
6. The Inquiry Officer or Inquiry Committee shall submit his/its report and recommendations to the undersigned within sixty days of the
initiation of inquiry in terms of Section 10 (6) of the Act ibid.
SIGNATURES OF THE COMPETENT AUTHOIRTY
NAME & DESIGNATION
Note: Model is only for guidance and may be modified keeping in view the requirements of the case.
MODEL DRAFT SHOW CAUSE-CUM-PERSONAL HEARING NOTICE
UNDER SECTION 13 (4)
To
_____________________
(Name of the accused)
Subject: SHOW CAUSE-CUM-PERSONAL HEARING NOTICE UNDER
SECTION 13 (4) OF THE PUNJAB EMPLOYEES EFFICIENCY,
DISCIPLINE AND ACCOUNTABILITY ACT, 2006
WHEREAS, disciplinary proceedings were initiated against you by the undersigned / competent authority under the provisions of the Punjab Employees
Efficiency, discipline and Accountability Act 2006, on the charge(s) of (inefficiency, misconduct, corruption and engagement in subversive activities) vide Order
No._______ dated ____________.
AND WHEREAS, the Inquiry Officer / Committee submitted his / its inquiry report, according to which the following charge/charges have been proved against
you:
The Inquiry Officer/Committee has recommended imposition of penalty (give details) upon you in terms of Section 4 of the Act. A copy of the inquiry report is
enclosed.
3. AND WHEREAS, after perusal of the inquiry report and other relevant record, I have found no reason to differ/ I have reasons to differ (give detailed
reasons for differing) with the findings and recommendations of the Inquiry Officer/Committee. Hence the charge/charges leveled vide above referred
order have been proved against you for which you are liable to be imposed the following penalty / penalties in terms of Section 4 of the Act ibid:
i. ___________________ (Specific penalty / penalties)
ii. ___________________ (Specific penalty / penalties)
iii. ___________________(Specific penalty / penalties)
4. NOW, THEREFORE, in exercise of the powers conferred upon me as Competent Authority under Section 13(4) of the Punjab Employees Efficiency,
Discipline and Accountability Act 2006, you are hereby called upon to show cause within seven days of the receipt of this notice, as to why the
abovementioned penalty/penalties may not be imposed upon you. You are also allowed to submit your additional defence in writing, if any.
5. You are also offered an opportunity of personal hearing and directed to appear before the undersigned {or before Mr.____________________
Hearing Officer appointed by the competent authority (in case competent authority is Secretary to the Government of Punjab or above)} on
___________ for this purpose.
SIGNATURES OF THE COMPETENT AHTHORITY
NAME & DESIGNATION
Note:Model is only for guidance and may be modified keeping in view the requirements of the case.
Sr. No. Charge No. Extent to which charge proved
1. (Fully proved or partially proved)
2. (Fully proved or partially proved)
MODEL SHOW CAUSE NOTICE UNDER SECTION 7 (b) READ WITH SECTION 5(1)(a) OF THE PUNJAB EMPLOYEES
EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT 2006 TO BE ISSUED BY THE AUTHORITY
Subject: SHOW CAUSE NOTICE
WHEREAS, the undersigned as Competent Authority, under the Punjab Employees Efficiency, Discipline and
Accountability Act, 2006 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:
 _____________ (Give full description of the allegations)
 _____________ (Give full description of the allegations)
 _____________ (Give full description of the allegations)
1. AND WHEREAS, the undersigned is of the opinion that it is not necessary to hold an inquiry into the matter in view of the
provisions contained in Section 5 (1) (b) of the Act ibid. It is, therefore, proposed to proceed against you under Section 7 (b)
read with Section 5 (1) (a) of Punjab employees Efficiency, Discipline and Accountability Act 2006.
2. NOW, THEREFORE, you are hereby called upon to show cause in writing within seven 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 the Punjab Employees Efficiency, Discipline and Accountability Act 2006 should not be imposed upon you.
3. Your reply to this Show Cause Notice should reach the undersigned within the said period, failing which it shall be presumed
that you have no defence to offer.
4. In case you desire to consult any record, on which the aforesaid charges are based or is relevant to the aforesaid charge (s),
you may do so with prior arrangement with the undersigned within _7 days of the receipt of this notice.
SIGNATURES OF THE COMPETENT AUTHORITY
NAME & DESIGNATION
Note: Model is only for guidance and may be modified keeping in view the requirements of the case.
MODEL DRAFT PERSONAL HEARING NOTICE UNDER SECTION 7 (d) OF THE
PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY
ACT 2006
To
________________
(Name of the accused)
Subject: PERSONAL HEARING NOTICE UNDER SECTION 7 (d)
WHEREAS, inquiry proceedings were initiated against you by the undersigned as competent authority under the Punjab
Employees Efficiency, Discipline and Accountability Act 2006, on the charge (s) of (inefficiency, misconduct, corruption
and engagement in subversive activities) and it was decided to dispense with the inquiry in terms of Section 5 (1)(b).
2. AND WHEREAS, a show cause notice was served upon you in terms of Section 7(b) read with Section 5 (1) (a) of the Act
ibid, bearing No. _____________dated ____________ to submit your written reply within ______days.
3. AND WHEREAS, your reply to the said show cause notice has been considered and it has been determined that the
following charge (s) as contained in the show cause notice has / been proved against you:
Hence, it is proposed to impose the following penalty/penalties upon you in terms of Section 4 of the Act ibid:
i. __________________ (Specific penalty/penalties)
ii. __________________ (Specific penalty/penalties)
iii. __________________ (Specific penalty/penalties)
4. NOW, THEREFORE, you are offered an opportunity of personal hearing in terms of Section 7 (d) of the Act and directed
to appear before the undersigned {or before Mr. _______________ Hearing officer appointed by the competent authority
(in case competent authority is Secretary to the Government of Punjab or above)} on ______________for this purpose.
SIGNATURES OF THE COMPETENT AUTHORITY
NAME & DESIGNATION
Note: Model is only for guidance and may be modified keeping in view the requirements of the case.
Sr. No. Charge No. Extent to which charge proved
1. (Fully proved or partially proved)
2. (Fully proved or partially proved)
 Charge
Mr. Aslam Parveez (BS-19) while posted as Distract Education Officer (MEE)
Gujrat appointed Mr, Akbar Ali s/o Saleem Ali as Naib Qasid in his office vide order
no 334/G-1 dated 20-5-2017 without fulfilling required procedure and formalities.
By this way he caused heavy monitory loss to Govt. Rs. 3 Lac approximately as
well as misused his authority. His action is tantamount to gross misconduct.
Charge
Mr. Zaid Khan, EST (BS-14) of Govt, High School Faislabad has been willfully
absent from duty w. e. f 11-01-2017 to date and went abroad ( London)
Charge
Mr. Jamil Ahmad s/o Aziz Ahmad inducted himself in service as Elementary
School Educator (ESE) in Govt. Primary School Narowal on bogus/ fake/ self
made appointment order bearing no 420/ E-II dated 24-10-2014 under seal and
signature of DEO (MEE) Narowal ( Ch. Raza Ali) and received salaries fraudulently
amounting to Rupees 2,97,475/= approximately.
Charge
Mr. K. B. Chudhary (BS-19) while posted as Principal Govt. H/S/S Attock,
committed following misconduct and corruption,
1. He purchased 20 Scout uniforms @ Rs. 4500/= per uniform on 07-04-2017
through fake/ bogus receipt out of F.T.F while actual price of uniform was Rs.
1500/= Further more 12 uniforms were purchased instead of 20 uniforms. He
embezzled Rs. 72,000/=
2. He purchased sports material amounting to Rs. 30,000/= out of F.T.F on 11-10-
2017, 20-10-2017 & 05-11-2017 through fake receipts while no sports material was
provided to students/ players.
3. He made fake purchase of coal amounting to Rs. 10,000/= out of Contingency
grant during the period of November 2016 to February 2017 but coal was not
provided to staff members.
(PEEDA ACT 2006)
 1. PEEDA Act was replaced with:
(i) E & D Rules 1999 (ii) PRSO 2000
(iii) E & D Rules 1960 (iv) E & D rules 1975
 2. PEEDA Act 2006 applies on the employees of:
(i) Pakistan (ii) Punjab
(iii) Sindh (iv) Khyber Pakhtoon Khawah
 3. Competent authority to proceed against officer of BS-17 (regular)
in Education Department is:
(i) CEO(DEA) (ii) DPI (SE)
(iii) Secretary Schools (iv) Chief Secretary
 4. Charge Sheet under PEEDA Act, 2006 is issued by:
(i) Enquiry Officer (ii) Authority
(iii) Immediate Officer (iv) Controlling Officer
 5. Enquiry Officer have to complete enquiry within:
(i) 30 days (ii) 45 days
(iii) 60 days (iv) 90 days
 6. Competent authority have to decide the case within:
(i) 45 days (ii) 60 days
(iii) 90 days (iv) 120 days
 7. Competent authority means:
(i) Appointing authority (ii) Secretary Schools
(iii) Below appointing authority (iv) Higher than appointing authority
 8. Aggrieved person can file departmental appeal against punishment order to the appellate
authority within:
(i) 15 days (ii) 30 days
(iii) 45 days (iv) 60 days
 9. Appellate authority is empowered in connection with departmental appeal to:
(i) Accept (ii) Reject
(iii) Modify (iv) All three
 10. After rejection of departmental appeal by appellate authority under PEEDA Act, 2006,
appeal can be filed before:
(i) Civil Judge (ii) Supreme Court
(iii) High Court (iv) Punjab Service Tribunal
 11. Competent Punishing authority of Primary School Teacher (PST) working in Primary
School is:
(i) DEO (EE) (ii) DEO (SE)
(iii) Dy DEO (iv) CEO (DEA)
 12. Competent Punishing authority of Primary School Teacher (PST) working in High
School is:
(i) DEO (EE) (ii) DEO (SE)
(iii) DY DEO (iv) CEO (DEA)
 13. Competent authority to initiate disciplinary action under PEEDA Act. against SST is:
(i) DEO (SE) (ii) Deputy Commissioner
(iii) CEO (DEA) (iv) Assistant Director
 14. Competent authority to initiate disciplinary action under PEEDA Act against
Senior Headmaster / Head mistress BS-19 is:
(i) DPI (SE) (ii) Secretary Schools
(iii) Chief Secretary (iv) Chief Minister
 15. Aggrieved party can file appeal against judgment of Punjab Service Tribunal before:
(i) High Court (ii) Federal Shariat Court
(iii) Supreme Court (iv) None of them
 16. Competent authority to initiate disciplinary action under PEEDA Act. against
Senior Subject Specialist (BS-19) is:
(i) DPI (SE) (ii) Chief Secretary
(iii) Governor (iv) Chief Minister
 17. If the Appellate authority fails to decide appeal within 60 days, the
appellant can file appeal in Punjab Service Tribunal with next.
(i) 30 days (ii) 45 days
(iii) 60 days (iv) 90 days
 18. Naib Qasid working in High School will be served charge sheet by:
(i) CEO (DEA) (ii) DEO (SE)
(iii) DEO (EE) (iv) Head teacher
 19. Authority can initiate enquiry on the basis of
(i) Own knowledge (ii) Probing report
(iii) Direction of Higher Authority (iv) all three
 20. Any officer / official can be remained under suspension by authority for the period of:
(i) 60 days (ii) 90 days
(iii) 120 days (iv) 180 days
 21. Competent authority to initiate disciplinary action under PEEDA Act. against Senior
Headmaster / Head mistress BS-18 is:
(i) DPI (SE) (ii) Secretary Schools
(iii) Chief Secretary (iv) Chief Minister
 22. Competent authority to Initiate disciplinary action under PEEDA Act against Subject
Specialist (BS-17) is:
(i) Chief Minister (ii) Governor
(iii) Secretary Schools (iv) DPI (SE)
 23. A Junior Clerk will be served charge sheet by:
(i) DEO( SE) (ii) DEO (EE)
(iii) Deputy Commissioner (iv) CEO (DEA)
 24. Competent authority of EST working in Higher Secondary School is
(i) Principal (ii) DEO (EE)
(iii) DEO (SE) (iv) CEO (DEA)
 25. Assistant Education Officer (AEO) will be proceeded under PEEDA Act by:
(i) CEO (DEA) (ii) Dy. DEO
(iii) DEO (SE) (iv) DEO (EE)
 26. PEEDA Act applies to the Employees:
(i) In Govt. Service (ii) In Corporation Service
(iii) Retired Employees of Govt. & (iv) All of them.
Corporation
 27. PEEDA Act applies to the Employees:
(i) Police (ii) Judge High Court
(iii) District Judiciary (iv) None of them
 28. Charges should be:
(i) Self Explanatory (ii) Clear
(iii) Comprehensive (iv) All of them.
 29. Please Circle True or False:
(i) Record / Written documents are not required to initiate inquiry T/F
(ii) Any Officer is authorize to initiate inquiry against any officer T/F
(iii) Charge Sheet is signed by Competent Authority T/F
(iv) In case of co-accused, inquiry officer will be appointed according
to the accused junior in rank. T/F
(v) Inquiry Officer will be senior in rank to the accused. T/F
(vi) Inquiry Officer is empowered to summon any person to produce
record. T/F
(vii) Lawyer is allowed to appear in inquiry proceedings by any party T/F
(viii) Review petition is submitted through proper channel to
Chief Minister T/F
(ix) Appellant can appear before Punjab Service Tribunal in person. T/F
(x) Punjab Service Tribunal is empowered to condone limitation. T/F
 30. Mode of summoning of accused person are:
(i) Letter by hand (ii) Registered letter
(iii) (iv)
 31. Duties of departmental representative are:
(i) Cross Examination Defence Witnesses (ii) Rebut the defence
(iii) (iv)
 32. Competent Authority is empowered to impose:
(i) Major penalty (ii) Minor Penalty
(iii) (iv)
 33. Mention characteristic of departmental appeal / review petition are:
(i) In writing (ii) Concise grounds of objection
(iii) (iv)
 34. Punjab Service Tribunal is competent to:
(i) Accept the appeal (ii) Reject the appeal
(iii) (iv)

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9 peeda act 2006 by . hassan shakir

  • 1. Enquiry under PEEDA ACT, 2006 BY Ch. Ghulam Hasan Shakir Director (Admn) (Retired) Directorate of Public Instruction (EE) Punjab, Lahore Contact: 0333-4400780 042-37592521
  • 2. TYPES OF INQUIRY  Preliminary Inquiry Probing / Probe Regular Inquiry Departmental Inquiry Informal Inquiry Disciplinary Proceedings Investigation Disciplinary Action Facts Finding Inquiry Collection of Evidences and Record Probing Officer The Punjab Employees Efficiency , Discipline and Accountability Act, 2006 Inquiry Officer
  • 3. PRELIMINARY ENQUIRIES ( Complaints ) (Probing / Probe / investigation / Non-formal enquiry/ Facts Finding Inquiry/ Collection of Evidence & Documentary Proofs) Grounds for initiating probing. Verbal complaint. Telephonic complaint. Own Knowledge. Written complaint. Direction by the higher authorities. Request by the lower formation. Other agencies. Requirements: Copy of Notional Identity card and affidavit. Anonymous / Pseudonymous complaints No action required but where loss caused to the Government Exchequer OR misuse of powers by any officer /authority OR embezzlement, then probing may be taken place. Who can order for probing. Any higher authority / controlling authority / Competent authority.
  • 4. Limitation of probing. Unlimited i.e. one allegation in complaint but more than one in probing. Complaint against one person but more than one to be involved. Parallel probing is allowed Time Limit As desired by the Authority. Effects No effect on service.
  • 5. PROCEDURE OF PROBING •Recoding of statement of complainant / applicant •Recording of statements of witnesses provided by complainant / applicant along with documents / record. •Collection of relevant proofs / record. •Recording the statement of complainee. •Recording of statements of witnesses producing by complainee in his / her defence. •Use of Camera for Photography •Hand writing expert / Forensic Laboratory •Verification from Immigration Deptt. ( F.I.A )--- Travelling abroad.
  • 6. REPORT WRITING (IN 3rd PERSON) Reference __________ authority ________ letter No. _______ dated _______ Brief of allegations. Brief of statements of complainant and witnesses produced by him. Brief of statements of compalinee and defence witnesses. Analysis of statements and documentary record produced by both parties. Conclusion ________ allegations __________ proved _________ nor proved _________ partially proved. Recommendations ________ no need for further action OR initiation of regular inquiry under PEEDA Act, 2006 as the case may be. Signature / name with designation / address of Probing Officer. Certificate: Certified that probing report is consisted of --- pages and complete probing file is consisted of ______ pages and each page is initialed by me Signature & Seal of probing officer
  • 7. DEPARTMENTAL INQUIRIES Disciplinary Action – Regular Inquiry The West Pakistan Government Servants (Efficiency and Discipline Rules, 1960). The Punjab Civil Servants (Efficiency & Discipline) Rules, 1975. The Punjab Civil Servants (Efficiency & Discipline) Rules, 1999. (21.06.1999) The Punjab Removal from Service (Special Powers) Ordinance, 2000. The Punjab Employees Efficiency, Discipline and Accountability Act 2006. Status Of Departmental Enquiry Judicial Process / Quasai judicial process Short title, extent, commencement and application (Section 1) The Punjab Employees Efficiency, Discipline and Accountability Act 2006 (17.10.2006) PEEDA Act, 2006 Whole Punjab. Employees in Government Service. Employees in Corporation, Autonomous body, Organization controlled by Govt. etc. Retired employees of government and corporation service; provided that proceedings under this Act are initiated against them during their services or within one year of their retirement. but does not include Judge 0f Lahore High Court or any court subordinate to that court or employees of such courts AND an employee of Police. (Dated 30-07-2012)
  • 8. Grounds for proceedings and penalty. (Section –3) (i) Inefficient or has ceased to be efficient for any reason. . -------- { See Section 2 (k) of this Act } (ii) Guilty of Misconduct. -------- { See Section 2 (n) of this Act and The West Pakistan Govt. Servants (Conduct) Rules, 1966 } (iii) Guilty of Corruption or is reasonably considered to be corrupt; ----- (See Section –2 (g) of this Act for detail) (iv) Engaged or is reasonably believed to be engaged in subversive activities and his retention in service is prejudicial to national security, or is guilty of disclosure of official secrets to any unauthorized person. Record Required for Initiation of Inquiry. Own knowledge. (Inspection) (with record) Probing Report with complete record. Anti-Corruption Establishment/CMIT or other agencies. (with record) BISE/University/Election Commission of Pakistan or any other such Institution (with Record/Probing Report) Direction of any higher authority with record. Request by any controlling officer / lower formation with record.
  • 9. Competent Authority: Section –2 (f) (Initiation of Inquiry and Imposition of Penalty) Appointing Authority Authority Interested in result of Proceedings does not desire to act as competent authority due to personal reasons, he shell report the matter to the next higher authority who shell authorized and other officer of the corresponding rank and status to act as the competent authority in a specific case but other Chief Minister Summary Trial – through Show Cause Notice/ Personal Hearing {Section 5 (1)(a) } read with Section 7 (b) Show cause notice – in writing with action proposed. Grounds of action. Reasonable opportunity – within 7 days or within extended period. Opportunity refused: in the interest of security of Pakistan or any part there of Decision within 90 days except Chief Minister, if not then application to appellate authority Section 7 (d) personal hearing notice Section 7 (f) imposition of penalty.
  • 10. Suspension (Section – 6) Suspension for 90 days extendable, if not extended after the expiry of 30 days, the employees shall be deemed to be reinstated. Initiation of Inquiry by Competent Authority { Section – 5 (b) read with Section 9 Charge Sheet Appointment letter for Inquiry Officer (s)./ Inquiry Committee Charges along with apportionment of responsibility. Appointment of Departmental Representative (D.R.) Direction to the accused to submit written defence within 7 days of the date receipt of orders or such extended period. List of Witnesses. All relevant record. Co-accused (Joint Inquiry) – Committed irregularities in convince of each other by various officers / officials, the enquiry officer or convener of the inquiry committee will be appointed according to the accused officer/ official, senior in rank
  • 11. Characteristics of enquiry officer (s).  Senior in rank.  Sound mind / sound health.  Should not be biased.  Impartial  Sufficient knowledge of conducting enquiry.  Male member for male and female for female/ combine committee for co-accused male/female.  In case enquiry committee. Convener should be senior in rank. Charges should be:-  Self-explanatory.  Clear / no ambiguity.  Comprehensive  Facts and figure  No question.
  • 12. Action in case of conviction or ple bargain under any law. (Section 8) Convicted by a court of law – entered into plea bargain – acquitted by a court of law as a result of compounding of an office involving moral turpitude or effecting human body. Procedure followed by inquiry officer / inquiry committee. (Section 10)  Receiving of written defence within 7 days.  Summoning of accused person (s)  Summoning of witnesses  Recording of statement of witness in the presence of accused person -recording the statements by inquiry officer in narration type – R.O. & AC.  Recording of statements/ Proceeding day by day.  Cross Examination.  Findings and recommendations within 60 days after initiation of inquiry.  Hampering or attempting to hamper by the accused – complete the inquiry in such manner deems proper in the interest of justice. Cross-examination by accused person, explanation by Inquiry Officer HOSTILE WITNESS – Cross-examination by Departmental Representative.
  • 13. . Powers of the Inquiry Officer or Enquiry Committee (Section – 11)  Powers of Civil Court, try a suit under the Code of Civil Procedure 1908 (Act V of 1908)  Summoning and enforcing the attendance of any person and examining him on oath;  Requiring the discovery and production of documents.  Receiving evidence on affidavits; and  Issuing commissions for the examination of witnesses or documents.
  • 14. The Code of Civil Procedure (V of 1908) Section 27, summon of defendants/accused persons Section 30, power to order discovery and the like wise Section 31, summon to witness Section 75, power of court to issue commission. Summon to accused / witnesses (Order V Rules 1-30)  By hand  Through registered letter/Fax  Through any other office /officer  Affixing a copy of summon on the outer door or some other conspicuous part of house.  Substituted service – as such as the court thinks fit…. News papers
  • 15. Procedure to be followed by the Inquiry Officer/Inquiry Committee. (Section – 10) Power to regulate its own procedure, fixing of place, time, date etc., Detail of proceedings – date wise.
  • 16. Duties of Department Representative. (Section –12) (Public prosecutor / Government pleader )  Render full assistance to the inquiry officer or the inquiry committee or hearing officer or the authority concerned, as the case may be, during the proceedings where he shall be personally present and fully prepared with al the relevant record relating to the case on each date of hearing.  Cross-Examine the witnesses produced by the accused and with permission of the inquiry officer or inquiry committee, as the case may be, the prosecution witnesses in case of their turning hostile,  Rebut the grounds of defence offered by the accused before the hearing officer or the authority concerned.
  • 17. Report Writing by Inquiry Officer (report should be written in 3rd person) Subject: Inquiry Report In Regard With Inquiry Under PEEDA ACT, 2006 against Mr.______________________ Reference – (a) Authority, (b) E.O/ E.C, (c) accused person (s) (d) D.R ( e) Charges Statement of Mr. Bashir ( PW—1) Mr. Bashir stated in his statement ( Annex.---) that……………. Statement of Mr. Saleem / Accused Person. Mr. Saleem stated in his statement ( Annex.---) that……………. Analysis of statements and record/documentary proofs. Conclusion----- proved, partially proved, not proved Recommendation. Submitting to the authority along with all annexure / record, signature with full name and designation. Each page of Inquiry Report and all documents be initialed / signed by Inquiry Officers. Page marking necessary. Certificate____ Certified that inquiry report is consisted of ___ pages and each page is singed by me / us and complete file is consisted of ___ pages. Appearance Of Counsel (Section –18)
  • 18. Action By Competent Authority (section – 13) 1. Examine the report and relevant material and determine whether the inquiry has been conducted in accordance with the provisions of this Act. 2. Whether the charges have been proved or not. 3. Where the charges have not proved, the authority shall exonerate the accused by order in writing. 4. Where the charge proved, the authority shall issue show cause cum personal hearing notice to the accused. (a) Inform him of the charges proved and penalty proposed. (b) Give him reasonable opportunity of showing cause within 7-days of the receipt of the notice. (c) Indicate of the date of personal hearing or appoint a hearing officer. (d) Provide a copy of inquiry report. (e) Direct the Departmental Representative to appear. 5. (i) exonerate the accused (ii) impose any one or more of the penalties. Provided that:- charges of grave corruption --- dismissal from service with recovery absence from duty for a period of more that one year --- compulsory retirement or removal or dismissal from service
  • 19. In case of inquiry proceeding not conducted in accordance with the provision of this act --- remand the inquiry to the inquiry officer or may order a de novo inquiry. Decision within 60 days. If not decided within 60 days then accused file an application before the appellate authority. Penalty Order should be passed in speaking order. Personal Hearing ( section--- 14 ) Below Secretary--- by himself Secretary and above--- through Hearing Officer
  • 20. Penalties [Section 4 ] (a) Minor (i) censure; (ii) withholding of increment or increments, for a specific period, subject to the maximum of 5-years (iii) fine not exceeding basic pay of one month; (iv) reduction to a lower stage or stages in pay scale, subject to a maximum of five stages, for a specific period and. (v) Withholding of promotion for a specific period, subject to a maximum of five years; provided that this period shall be counted from the date when a person junior to the accused is considered for promotion and is promoted on regular basis for the first time;
  • 21. (b) Major i. Recovery from pay, pension or any other amount payable to the accused, the whole or a part of any pecuniary loss caused to the Government or the organization in which he was employed, and if the amount due from any such person cannot be wholly recovered from the pay, pension or any other amount payable to him, such amount shall be recovered under the law for the time being in force; ii. Reduction to a lower post and pay scale from the substantive or regular post for a specific period subject to a maximum of five years; iii. Forfeiture of past service for a specific period subject to a maximum of five years; iv. Compulsory retirement;(at least 10 years qualifying service) v. Removal from service; (does not disqualify from future employment) vi. Dismissal from service;(disqualify from future employment)
  • 22. (C) Penalties after retirement:- (i) Withholding of pension or any part thereof for a specific period keeping in view loss caused to Government. (ii) Withdrawing of pension or any part thereof for a specific period keeping in view loss caused to Government. and (iii) Recovery from pension or any other amount payable to the accused, of pecuniary loss caused to the Government or the organization in which he was employed, and if the amount due from any such person can no be wholly revered under the law for the time being in force. Departmental Appeal and review (Section – 16) Departmental appeal against order passed by competent authority within thirty days from the date of communication of the order directly to the appellate authority Review Petition :- in case order passed by Chief Minister ---- within 30 days from the date of communication of the order, directly to the Chief Minister.
  • 23. Requirements of Departmental Appeal / Review Petition. Form of petition. In writing. Concisely the grounds of objection. Contain respectful and proper language. To file with the competent appellate authority within prescribed time, otherwise justification of delay. Action by Departmental appellate authority, Opportunity of Personal Hearing  Call for the record of the case and comments from the concerned Department / Office and decide it within 60-days. Decision should be in speaking order.  Uphold the order of penalty and reject the appeal / review petition  Set aside the orders and exonerate the accused; or  Modify the orders and reduce or enhance the penalty; or  Set aside the order of penalty and remand the case to the competent authority.  In case inquiry has not been conducted in accordance with the provision of this act or the facts and merits have been ignored --------------- hold a DE NOVO inquiry or rectify the procedural lapses or irregularities in the proceedings. In case of enhancement in penalty: - Inform the accused of the action proposed to be taken against him and the grounds of such action. Give him a reasonable opportunity to show cause notice.
  • 24. Revision. (Section – 17) The Chief Minister, Chief Secretary or the Administrative Secretary or any other appellate authority may call for the record of any proceedings within one year of the order of exoneration or imposition of a penalty, passed by the competent authority or the order of appellate authority, as the case may be, for the purpose of satisfying himself as to the correctness, legality or propriety of such proceedings or orders. Action:- (i) Uphold the order of the competent authority / appellate authority (ii) to hold de novo inquiry. (iii) Impose or enhance penalty ---- subject to by giving reasonable opportunity of show cause against the proposed action and an opportunity of personal hearing.
  • 25. Appeal before Punjab Service Tribunal, Lahore (Section – 19) Within 30-days from the date of communication of the order of rejection of appeal. In case, decision on Departmental Appeal or Review Petition is not received within a period of 60 days, the effected employee may file an appeal in Punjab Service Tribunal, with a period of 30-days of expiry of the aforesaid period. Where after the authority with whom the Departmental Appeal or Review is pending, shall not take any further action. Only Civil Servants can file appeal in Punjab Service Tribunal other employees in High Court or Labor Court. Appeal ( CPLA ) before Supreme Court of Pakistan Aggrieved employee or Department may file appeal in Supreme Court within 60 days ageist judgment/order passed by Service Tribunal. Proceeding under this ACT. (Section – 20) In case of retired employees, the proceedings so initiated against him shall be finalized not later than two years of his retirement. Repeal : (Section 21) The Punjab Removal from Service (Special Powers) Ordinance 2000 is repealed, provided that all proceedings pending immediately before the commencement of this Act shall continue under the said ordinance or rules or any other law.
  • 26. THE PUNJAB CIVIL SERVANTS ACT, 1974 Punjab Act No. VIII of 1974 Section 12 Retirement from service (1) Civil servant shall retire from service— i) On such date after he has completed twenty years of service qualifying for pension or other retirement benefits as the competent authority may, in public interest, direct; or ii) Where no direction is given under clause (i) on the completion of the sixtieth year of his age. (2) No direction under clause (i) of sub-section (1) shall be made until the Civil Servant has been informed in writing of the grounds on which it is proposed to make the direction and has been given a reasonable opportunity of showing cause against the said direction. Explanation: In this section “competent authority” means the appointing authority prescribed in rules 6 of the Punjab Civil Servants (Appointment and condition of Service) Rules 1974. ------------------------------------ *No.13-LVII/2000 dated 08.08.2001
  • 27. Extract from “Pakistan Penal Code” Section:-193. Punishment for false evidence Whoever intentionally gives false evidence in any stage of a judicial proceeding or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; And whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Explanation 1.—A trial before a Court-martial is a judicial proceeding. Explanation 2.—An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice. Illustration A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence. Explanation 3.—An investigation directed by a Court of justice according to law, and conducted under the authority of a Court of justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice. Illustration: A. in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a Judicial proceeding, A has given false evidence. Section:-228 Intentional insult or interruption to public servant sitting in judicial proceeding. Whoever intentionally offers any insult, or causes any interruption to any public servant while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
  • 28. Copy of letter No.SORI (S&GAD) 1-30/2003 (P-I), Government of the Punjab, Services & General Administration, Department (Regulations Wing), dated 13.12.2006, addressed to all concerned. Subject: THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT 2006. I am directed to refer to the subject noted above and to state that the Punjab Employees Efficiency, Discipline and Accountability Act 2006 has since been promulgated w.e.f. 17.10.2006. The following model order/notices required to be issued by the respective competent authorities are enclosed for information/guidance:  Draft order inquiry [under section 9 read with section 5 (1) (b)]  Show cause notice [under section 7 (b) read with section 5 (1) (a)]  Personal hearing notice [under section 7 (d)]  Show cause-sum-personal hearing notice [under section 13 (4)] Sd/- (ABDUL QAYOUM) Deputy Secretary (Rules)
  • 29. MODEL DRAFT ORDER OF APPOINTMENT OF INQUIRY OFFICER/COMMITTEE TO BE SIGNED / ISSUED BY THE COMPETENT AUTHORITY UNDER SECTION 9 READ WITH SECTION 5(1)(b) OF THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT 2006 WHEREAS, the undersigned as Competent Authority under the Punjab Employees Efficiency, Discipline and Accountability Act 2006, is of the opinion that there are sufficient grounds to proceed against Mr. M/s. ______ (name/names and designation of the accused) under Section 3 of the Act ibid on the charges (of inefficiency, misconduct, corruption and engagement in subversive activities). I, therefore, order initiation of disciplinary proceedings against the accused under the Punjab Employees Efficiency, Discipline and Accountability Act 2006. 2. AND WHEREAS, I consider that in the light of facts of the case and in the interest of justice, it is necessary to hold an inquiry. I, therefore, appoint Mr. ________________ (name & designation) as inquiry officer/inquiry committee consisting of the following: Mr. _______________( Name & Designation/Convener) Mr. ________________ (Name & Designation/Member) Mr. _______________ (Name & Designation/Member) To proceed against the accused in terms of Section 5 read with Section 9 of the Act ibid and to conduct inquiry into the following charge(s):- i. ________________(Give full description of the charge) ii. ________________ -do- iii. ________________ -do- 3. The accused official/officials is/are directed to submit his/their written defence to the Inquiry Officer/the Inquiry Committee, within seven days of the date of receipt of this order (or within such extended period as may be determined by the Competent Authority). If he/they fail to submit his/their written defence within the prescribed period, it shall be presumed that either he/they have no defence to offer or he/they have declined to offer the same and he/they have accepted the charge(s). 4. Mr. _______________(name & designation) is appointed as Departmental Representative in terms of Section 9 (1)(c) 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 charge(s), he/they may do so with prior arrangement with the undersigned or the Departmental Representative within ____________days of the receipt of this order. 6. The Inquiry Officer or Inquiry Committee shall submit his/its report and recommendations to the undersigned within sixty days of the initiation of inquiry in terms of Section 10 (6) of the Act ibid. SIGNATURES OF THE COMPETENT AUTHOIRTY NAME & DESIGNATION Note: Model is only for guidance and may be modified keeping in view the requirements of the case.
  • 30. MODEL DRAFT SHOW CAUSE-CUM-PERSONAL HEARING NOTICE UNDER SECTION 13 (4) To _____________________ (Name of the accused) Subject: SHOW CAUSE-CUM-PERSONAL HEARING NOTICE UNDER SECTION 13 (4) OF THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT, 2006 WHEREAS, disciplinary proceedings were initiated against you by the undersigned / competent authority under the provisions of the Punjab Employees Efficiency, discipline and Accountability Act 2006, on the charge(s) of (inefficiency, misconduct, corruption and engagement in subversive activities) vide Order No._______ dated ____________. AND WHEREAS, the Inquiry Officer / Committee submitted his / its inquiry report, according to which the following charge/charges have been proved against you: The Inquiry Officer/Committee has recommended imposition of penalty (give details) upon you in terms of Section 4 of the Act. A copy of the inquiry report is enclosed. 3. AND WHEREAS, after perusal of the inquiry report and other relevant record, I have found no reason to differ/ I have reasons to differ (give detailed reasons for differing) with the findings and recommendations of the Inquiry Officer/Committee. Hence the charge/charges leveled vide above referred order have been proved against you for which you are liable to be imposed the following penalty / penalties in terms of Section 4 of the Act ibid: i. ___________________ (Specific penalty / penalties) ii. ___________________ (Specific penalty / penalties) iii. ___________________(Specific penalty / penalties) 4. NOW, THEREFORE, in exercise of the powers conferred upon me as Competent Authority under Section 13(4) of the Punjab Employees Efficiency, Discipline and Accountability Act 2006, you are hereby called upon to show cause within seven days of the receipt of this notice, as to why the abovementioned penalty/penalties may not be imposed upon you. You are also allowed to submit your additional defence in writing, if any. 5. You are also offered an opportunity of personal hearing and directed to appear before the undersigned {or before Mr.____________________ Hearing Officer appointed by the competent authority (in case competent authority is Secretary to the Government of Punjab or above)} on ___________ for this purpose. SIGNATURES OF THE COMPETENT AHTHORITY NAME & DESIGNATION Note:Model is only for guidance and may be modified keeping in view the requirements of the case. Sr. No. Charge No. Extent to which charge proved 1. (Fully proved or partially proved) 2. (Fully proved or partially proved)
  • 31. MODEL SHOW CAUSE NOTICE UNDER SECTION 7 (b) READ WITH SECTION 5(1)(a) OF THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT 2006 TO BE ISSUED BY THE AUTHORITY Subject: SHOW CAUSE NOTICE WHEREAS, the undersigned as Competent Authority, under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 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:  _____________ (Give full description of the allegations)  _____________ (Give full description of the allegations)  _____________ (Give full description of the allegations) 1. AND WHEREAS, the undersigned is of the opinion that it is not necessary to hold an inquiry into the matter in view of the provisions contained in Section 5 (1) (b) of the Act ibid. It is, therefore, proposed to proceed against you under Section 7 (b) read with Section 5 (1) (a) of Punjab employees Efficiency, Discipline and Accountability Act 2006. 2. NOW, THEREFORE, you are hereby called upon to show cause in writing within seven 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 the Punjab Employees Efficiency, Discipline and Accountability Act 2006 should not be imposed upon you. 3. Your reply to this Show Cause Notice should reach the undersigned within the said period, failing which it shall be presumed that you have no defence to offer. 4. In case you desire to consult any record, on which the aforesaid charges are based or is relevant to the aforesaid charge (s), you may do so with prior arrangement with the undersigned within _7 days of the receipt of this notice. SIGNATURES OF THE COMPETENT AUTHORITY NAME & DESIGNATION Note: Model is only for guidance and may be modified keeping in view the requirements of the case.
  • 32. MODEL DRAFT PERSONAL HEARING NOTICE UNDER SECTION 7 (d) OF THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT 2006 To ________________ (Name of the accused) Subject: PERSONAL HEARING NOTICE UNDER SECTION 7 (d) WHEREAS, inquiry proceedings were initiated against you by the undersigned as competent authority under the Punjab Employees Efficiency, Discipline and Accountability Act 2006, on the charge (s) of (inefficiency, misconduct, corruption and engagement in subversive activities) and it was decided to dispense with the inquiry in terms of Section 5 (1)(b). 2. AND WHEREAS, a show cause notice was served upon you in terms of Section 7(b) read with Section 5 (1) (a) of the Act ibid, bearing No. _____________dated ____________ to submit your written reply within ______days. 3. AND WHEREAS, your reply to the said show cause notice has been considered and it has been determined that the following charge (s) as contained in the show cause notice has / been proved against you: Hence, it is proposed to impose the following penalty/penalties upon you in terms of Section 4 of the Act ibid: i. __________________ (Specific penalty/penalties) ii. __________________ (Specific penalty/penalties) iii. __________________ (Specific penalty/penalties) 4. NOW, THEREFORE, you are offered an opportunity of personal hearing in terms of Section 7 (d) of the Act and directed to appear before the undersigned {or before Mr. _______________ Hearing officer appointed by the competent authority (in case competent authority is Secretary to the Government of Punjab or above)} on ______________for this purpose. SIGNATURES OF THE COMPETENT AUTHORITY NAME & DESIGNATION Note: Model is only for guidance and may be modified keeping in view the requirements of the case. Sr. No. Charge No. Extent to which charge proved 1. (Fully proved or partially proved) 2. (Fully proved or partially proved)
  • 33.  Charge Mr. Aslam Parveez (BS-19) while posted as Distract Education Officer (MEE) Gujrat appointed Mr, Akbar Ali s/o Saleem Ali as Naib Qasid in his office vide order no 334/G-1 dated 20-5-2017 without fulfilling required procedure and formalities. By this way he caused heavy monitory loss to Govt. Rs. 3 Lac approximately as well as misused his authority. His action is tantamount to gross misconduct.
  • 34. Charge Mr. Zaid Khan, EST (BS-14) of Govt, High School Faislabad has been willfully absent from duty w. e. f 11-01-2017 to date and went abroad ( London) Charge Mr. Jamil Ahmad s/o Aziz Ahmad inducted himself in service as Elementary School Educator (ESE) in Govt. Primary School Narowal on bogus/ fake/ self made appointment order bearing no 420/ E-II dated 24-10-2014 under seal and signature of DEO (MEE) Narowal ( Ch. Raza Ali) and received salaries fraudulently amounting to Rupees 2,97,475/= approximately.
  • 35. Charge Mr. K. B. Chudhary (BS-19) while posted as Principal Govt. H/S/S Attock, committed following misconduct and corruption, 1. He purchased 20 Scout uniforms @ Rs. 4500/= per uniform on 07-04-2017 through fake/ bogus receipt out of F.T.F while actual price of uniform was Rs. 1500/= Further more 12 uniforms were purchased instead of 20 uniforms. He embezzled Rs. 72,000/= 2. He purchased sports material amounting to Rs. 30,000/= out of F.T.F on 11-10- 2017, 20-10-2017 & 05-11-2017 through fake receipts while no sports material was provided to students/ players. 3. He made fake purchase of coal amounting to Rs. 10,000/= out of Contingency grant during the period of November 2016 to February 2017 but coal was not provided to staff members.
  • 36. (PEEDA ACT 2006)  1. PEEDA Act was replaced with: (i) E & D Rules 1999 (ii) PRSO 2000 (iii) E & D Rules 1960 (iv) E & D rules 1975  2. PEEDA Act 2006 applies on the employees of: (i) Pakistan (ii) Punjab (iii) Sindh (iv) Khyber Pakhtoon Khawah  3. Competent authority to proceed against officer of BS-17 (regular) in Education Department is: (i) CEO(DEA) (ii) DPI (SE) (iii) Secretary Schools (iv) Chief Secretary  4. Charge Sheet under PEEDA Act, 2006 is issued by: (i) Enquiry Officer (ii) Authority (iii) Immediate Officer (iv) Controlling Officer  5. Enquiry Officer have to complete enquiry within: (i) 30 days (ii) 45 days (iii) 60 days (iv) 90 days
  • 37.  6. Competent authority have to decide the case within: (i) 45 days (ii) 60 days (iii) 90 days (iv) 120 days  7. Competent authority means: (i) Appointing authority (ii) Secretary Schools (iii) Below appointing authority (iv) Higher than appointing authority  8. Aggrieved person can file departmental appeal against punishment order to the appellate authority within: (i) 15 days (ii) 30 days (iii) 45 days (iv) 60 days  9. Appellate authority is empowered in connection with departmental appeal to: (i) Accept (ii) Reject (iii) Modify (iv) All three  10. After rejection of departmental appeal by appellate authority under PEEDA Act, 2006, appeal can be filed before: (i) Civil Judge (ii) Supreme Court (iii) High Court (iv) Punjab Service Tribunal  11. Competent Punishing authority of Primary School Teacher (PST) working in Primary School is: (i) DEO (EE) (ii) DEO (SE) (iii) Dy DEO (iv) CEO (DEA)  12. Competent Punishing authority of Primary School Teacher (PST) working in High School is: (i) DEO (EE) (ii) DEO (SE) (iii) DY DEO (iv) CEO (DEA)
  • 38.  13. Competent authority to initiate disciplinary action under PEEDA Act. against SST is: (i) DEO (SE) (ii) Deputy Commissioner (iii) CEO (DEA) (iv) Assistant Director  14. Competent authority to initiate disciplinary action under PEEDA Act against Senior Headmaster / Head mistress BS-19 is: (i) DPI (SE) (ii) Secretary Schools (iii) Chief Secretary (iv) Chief Minister  15. Aggrieved party can file appeal against judgment of Punjab Service Tribunal before: (i) High Court (ii) Federal Shariat Court (iii) Supreme Court (iv) None of them  16. Competent authority to initiate disciplinary action under PEEDA Act. against Senior Subject Specialist (BS-19) is: (i) DPI (SE) (ii) Chief Secretary (iii) Governor (iv) Chief Minister  17. If the Appellate authority fails to decide appeal within 60 days, the appellant can file appeal in Punjab Service Tribunal with next. (i) 30 days (ii) 45 days (iii) 60 days (iv) 90 days  18. Naib Qasid working in High School will be served charge sheet by: (i) CEO (DEA) (ii) DEO (SE) (iii) DEO (EE) (iv) Head teacher
  • 39.  19. Authority can initiate enquiry on the basis of (i) Own knowledge (ii) Probing report (iii) Direction of Higher Authority (iv) all three  20. Any officer / official can be remained under suspension by authority for the period of: (i) 60 days (ii) 90 days (iii) 120 days (iv) 180 days  21. Competent authority to initiate disciplinary action under PEEDA Act. against Senior Headmaster / Head mistress BS-18 is: (i) DPI (SE) (ii) Secretary Schools (iii) Chief Secretary (iv) Chief Minister  22. Competent authority to Initiate disciplinary action under PEEDA Act against Subject Specialist (BS-17) is: (i) Chief Minister (ii) Governor (iii) Secretary Schools (iv) DPI (SE)  23. A Junior Clerk will be served charge sheet by: (i) DEO( SE) (ii) DEO (EE) (iii) Deputy Commissioner (iv) CEO (DEA)  24. Competent authority of EST working in Higher Secondary School is (i) Principal (ii) DEO (EE) (iii) DEO (SE) (iv) CEO (DEA)  25. Assistant Education Officer (AEO) will be proceeded under PEEDA Act by: (i) CEO (DEA) (ii) Dy. DEO (iii) DEO (SE) (iv) DEO (EE)
  • 40.  26. PEEDA Act applies to the Employees: (i) In Govt. Service (ii) In Corporation Service (iii) Retired Employees of Govt. & (iv) All of them. Corporation  27. PEEDA Act applies to the Employees: (i) Police (ii) Judge High Court (iii) District Judiciary (iv) None of them  28. Charges should be: (i) Self Explanatory (ii) Clear (iii) Comprehensive (iv) All of them.  29. Please Circle True or False: (i) Record / Written documents are not required to initiate inquiry T/F (ii) Any Officer is authorize to initiate inquiry against any officer T/F (iii) Charge Sheet is signed by Competent Authority T/F (iv) In case of co-accused, inquiry officer will be appointed according to the accused junior in rank. T/F (v) Inquiry Officer will be senior in rank to the accused. T/F (vi) Inquiry Officer is empowered to summon any person to produce record. T/F (vii) Lawyer is allowed to appear in inquiry proceedings by any party T/F (viii) Review petition is submitted through proper channel to Chief Minister T/F (ix) Appellant can appear before Punjab Service Tribunal in person. T/F (x) Punjab Service Tribunal is empowered to condone limitation. T/F
  • 41.  30. Mode of summoning of accused person are: (i) Letter by hand (ii) Registered letter (iii) (iv)  31. Duties of departmental representative are: (i) Cross Examination Defence Witnesses (ii) Rebut the defence (iii) (iv)  32. Competent Authority is empowered to impose: (i) Major penalty (ii) Minor Penalty (iii) (iv)  33. Mention characteristic of departmental appeal / review petition are: (i) In writing (ii) Concise grounds of objection (iii) (iv)  34. Punjab Service Tribunal is competent to: (i) Accept the appeal (ii) Reject the appeal (iii) (iv)