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9 peeda (slides)
- 2. Todayās Topic āPEEDA Act,2006ā By: Muhammad Akram Bhatti MA, LL.B, LL.M Ex-PCS Officer/Advocate High Court Cell # 0300-6803388
- 3. Disciplinary Laws (previous) ļµPunjab Civil Servants (E & D) Rules, 1975 ļµ Punjab Civil Servants (E & D) Rules, 1999 ļµ Punjab Removal from Service (Special Powers) Ordinance, 2000
- 4. PEEDA Act, 2006(current) The Punjab Employees Efficiency, Discipline & Accountability Act, 2006 was passed by the Punjab Assembly and made effective w.e.f 17th October, 2006
- 5. Salient Features ofPEEDA 2006 ļµ Employee ļµ āCorruption & inefficiencyā defined in Sec. 2(g) & (k) ļµ Change of minor/major penalties ļµ Role of Hearing Officer (Sec. 14) ļµ Charge sheet included in the Order of Inquiry ļµ Penalties after retirement ļµ Police & Judiciary excluded
- 6. Initiation of Inquiry ļµSuspension ļµIncases inquiry is dispensed with ļµConviction or plea bargain
- 7. Procedure to befollowed by the Authority ļµ Where the inquiry necessary, procedure to be followed: ļµ Inform the accused, Opportunity of showing cause, determine whether charge proved or not, time limit 90 days (otherwise the accused may approach the Appellate authority), P. Hearing by itself or through H. O., Exonerate or impose penalty. ļµ Precautions ļµ Charge of grave corruption ādismissal, in addition to recovery. ļµ Absence for more than 1 year ā Removal or dismissal.
- 8. Procedure to befollowed by the EO/EC ļµ Examination of oral/documentary evidence ļµ Witness/cross-examination etc. ļµ Day to day hearing ļµ If the accused is hampering
- 9. Contd.. ļµ If theaccused is absent, except medical leave ļµ Submit findings (clear with recommendations) ļµ If not finalized within time, extension to be sought from the Authority ļµ Recommendations not binding on Authority
- 10. Duties of D.R. ļµFull assistance ļµ Production of record ļµ Cross-examination ļµ Rebuttal of defence
- 11. Responsibility of HearingOfficer ļµ Fix a date & time ļµ Summoning of accused and DR ā along with record ā for P. Hearing ļµ After hearing, record his remarks & submit a report to Authority ļµ Summary of the inquiry report ļµ Summary of defence offered ļµ Summary of the grounds of appeal/review
- 12. Action to betaken by the Authority ļµ Examine the report/case file ļµ Whether inquiry conducted as per the provisions of Act ļµ Charge proved or not. If not, he will exonerate If proved: ļµ Inform the accused, proposing the penalty to be imposed ļµ Opportunity of showing cause within 7 days (before the Authority or H.O.) ļµ Indicate the date of personal hearing
- 13. Contd.. ļµ Provide acopy of inquiry report ļµ Direction to D.R. to be present along with the relevant record ļµ Impose the penalty or exonerate Provided ļµ Charge or grave corruption: Dismissal, in addition to recovery, if any ļµ Absence of more than one year ā penalty of compulsory retirement or dismissal ļµ If the inquiry was not conducted, as per law, remand or order a de novo inquiry
- 14. Contd.. Precaution ļµ Commensurate withthe gravity of charges ļµ Care should be taken while withholding the increments ļµ Penalty of ācompulsory retirementā if 10 yearsā service or moreā¦ ļµ For retired employees, the penalties should be as per Sec. 4 (c) and Sec. 21
- 15. Latest instructions forHearing Officer ļµ Allegations levelled against the accused ļµ Brief facts of inquiry/recommendations of E.O. ļµ Grounds taken by the accused in appeal/review ļµ Defence offered by the accused during hearing ļµ Views of D.R. rendered before him ļµ Views/suggestions of H.O. in a meaningful manner
- 16. Departmental Appeal/Review ļµ Upholdthe order of penalty or reject the appeal/review ļµ Set aside the order and exonerate ļµ Modify the orders ā reduce or enhance the penalty ļµ Set aside the order and remand the case Provided ļµ If the penalty to be enhance, it shall inform the accused and give him a reasonable opportunity ļµ Hearing officer can also be appointed
- 17. Revisional Powers (Sec.17) The CM, CS or the Administrative Secretary or any other Appellate Authority: He can: ļµ Uphold the orders of the competent/appellate authority ļµ Order the competent authority to hold a de novo inquiry, or ļµ Impose or enhance a penalty ļµ No order prejudicial to the accused unless given a reasonable opportunity of showing cause/p.hearing.
- 18. Appeal before thePST (Sec. 19) An employee, aggrieved by an order u/s 16 or 17 may, within 90 days, prefer an appeal to the PST. If the Appellate Authority or the CM does not pass any final order within 60 days the aggrieved employees may file an appeal to the PST (within 90 days).