2. Objective
• The purposes of this Session is to:
▫ to give an orientation on Conduct of Government
Servant under KP Law
▫ to equip them with skills to apply the Conduct
Rules efficiently and effectively
3. Learning Out Comes
• As result of this Session, it is expected that the
trainees would be reasonably able to:
▫ understand Scheme of the Conduct Rules properly
▫ apply the Rules efficiently and effectively
4. Appointment & Conditions of Service
Appointments to service of Pakistan & Conditions
of Service shall be determined:
• In case of Federation by or under Act of Mij lis e
Shura and
• in case of a province by or under Act of
Provincial Assembly (Article 240)
5. Brainstorm
• What law is determining conditions of service of persons in services of KP Province?
• Under what law appointments to Government Service in the Province are made?
• Codes of judicial conduct across the globe
• Code of Judicial Conduct for Superior & District Judiciary
• What are legal basis for code of conduct for District Judiciary?
• Are we government servants?
• Is there any need a code of conduct for all government servants?
• If yes, under what law?
6. Conduct
• The Conduct of a civil servant Shall be regulated
by rules made, or instructions issued, by
Government or a prescribed authority (Section
15 of the KP Civil Servants Act, 1973)
• What is law governing conduct of government
servants?
• Is it applicable to us?
7. Government Servant (Conduct) Rules
Exercise
• A popular singer is holding a fund raising
charity show at Nishtar Hall. The program
includes live music both pop and folk and some
folk dances by renowned artists. Some of the
artist are your favourite ones. Your friend
delivers you a ticket and requests you to
accompany him. What will you do?
8. Islamic values
• No government Servant shall attend such
functions in which Islamic moral values are not
regarded or which are;
• in violation of such values like functions of
music and dancing by women etc.
9. Gifts
• Bench and Bar are supposed to have cordial relationship. President
of the local Bar seeks appointment from you. Visits you after your
permission. Presents you a very rare rug, painting, or a suit, without
asking for a favour. What will you do?
• How if the gift is delivered by jail officer during your visit to jail? Or
a police officer?
• What if the gift is delivered to you by the Deputy Commissioner or
Commissioner when you are visiting him with your DSJ?
• What if the gift is presented by ambassador of China during official
visit to Chinese embassy?
10. Gifts…
• Shall not accept from any person any gift the
receipt of which will place him under any official
obligation to the donor.
•
• If offer of a gift cannot be refused without
causing undue offence, it may be accepted and
delivered to Government for decision as to its
disposal.
11. Fund Raising
• An earthquake jolts your area. Huge devastation is
caused. Rehabilitation requires many funds. You
want to raise funds for the charitable purpose. You
have been invited as Chief Guest in fund raising
ceremony, organised by an Organization having no
political or otherwise objectionable back ground.
Can you attend? Should you attend?
No Government servant shall take part in raising
funds, except with previous sanction of next higher
authority.
12. Lending & Barrowing
• Your first salary is due on 01.05.2018. Its 11.04.2018. You hired a
rented house. A premium of 100,000/- is to be paid with in two
days. You need the money. One of your friend suggests to borrow
money from Nazir of the Court, who has cash in hand and in routine
advances such temporary loans. Will you borrow?
• What if you have borrowed a loan from a colleague when you were
serving as Public Prosecutor at DIKhan with payment due in year
2019, and after appointment as CJ you are posted at DIK District.
No lending or borrowing or placing himself/herself under any
pecuniary obligation to, any person within the local limits of his
authority or any person with whom he has any official dealings.
13. Declaration of Property
• It is requirement of law that you should live within your
means and not beyond. You have joined judicial service.
You have some movable or immovable property. Some
shares, insurance policies, certificates, cash and
jewellery. You can and want to live a life style you have,
though that is not commensurate with your salary as a
Judge. What should you?
• Declaration of assets on entry in service
• Declaration of assets and expense annually at end of
each financial year
14. Private trade, Employment or Work• Mr. A was practicing law. He was also running real
estate business. He was appointed as District
Attorney and then as Civil Judge. Can he carry on
the business?
• Sanction of Government
• His official duties do not suffer
• Occupation is not in conflict with his position and
obligations
15. Involvement in criminal case
• Ms. B, a Civil was driving car. All of sudden a motorcycle
came in front of her and she could not stop the car.
Accident resulted in death of motorcyclist. A criminal
case was registered under section 279/320 PPC, a
bailable offence. She was bailed out by the SHO on the
same day. The Legal Heirs pardoned her, knowing her
innocence. A report to the DSJ, higher authority may
result in her suspension. What should she do?
• If a Government servant is involved as an accused in a
criminal case, he shall bring the fact of such involvement
or conviction, as the case may be, to the notice of the
Head of the Office or Department immediately or, if he is
arrested and released on bail, soon after such release.
16. Radio Broad-caste & Communication to
Press
• Can a government servant make a radio
broadcast?
• Can you participant in a talk show on juvenile
rights or family law?
• What about publications of information and
public speeches Literary work
17. Vindication
• A litigant appeared in court. He was angry with
your attitude. He arranged a press conference
and then filed a suit for damages against you
disputing your partiality and integrity. He
levelled allegations of misconduct against you.
• Can you hold a press conference?
• What if you are not a judge and a deputy
commissioner?
• Can you file a suit for damages.
18. Evidence before Committee
• You are living in cant. A theft took place in your
house. The suspect is an ex-service man of
forces. You nominated him. An Inquiry
Committee has been constituted. You are
requested to give evidence? Will you?
19. Approaching Foreign Missions
• You know that a specific country is offering
LL.M or Ph D scholarship, but you have to
approach its foreign mission to secure that.
20. Others
• Forbearance to obtain any gratification, as motive or reward – Except legal
remuneration. (Rule 4 & Section 161 of PPC)
• Obtaining valuable thing without consideration or for inadequate from
person concerned or interested in any proceedings before him
• Misappropriation and conversion to use of any property entrusted to him
• Obtaining by corrupt, illegal or improper means any property or undue
favour
• Possessing property directly, through dependants, or benamidar any
property, disproportionate to his known sources of income, which he can
reasonably account for.
• Foreign awards
• Taking part in politics
• Approach to members of Assemblies
• Ideology of Pakistan
• Publication of information or speeches like to embarrass govt
