Centres of Excellence Employees (Efficiency and Discipline) Rules 1997

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CENTRES OF EXCELLAENCE EMPLOYEES EFFICIENCY AND DISCIPLINE RULES 1997

[Gazette of Pakistan, Extraordinary, Part IV, 3^rd^ December, 1997]

In exercise of the powers conferred by section 10 of the Centres of Excellence Act, 1974 (XXIV of 1974), the Federal Government is pleased to make the following rules, namely:‑‑

1.Short title, application and commencement.‑‑(1) These rules may be called the Centres of Excellence Employees Efficiency and Discipline Rules, 1997.

(2) They shall apply to all employees of the Centre.

(3) They shall come into force at once.

2. Definitions.‑‑In these rules, unless the context otherwise requires:‑‑

(i) "Accused" means an employee of the Centre against whom action is taken under these rules.

(ii) "Authority" means the Director or an officer or authority designated by him to exercise the powers of the authority under these rules;

(iii) "Authorised Officer" mean an officer authorised by the Director to perform the functions of an authorised officer under these rules;

(iv) "Director" means the Director of the Centre:

(v) "Misconduct" means conduct prejudicial to good order or service discipline or contrary to Center of Excellence Employees (Conduct) Rules, 1997, or unbecoming of an officer.

(vi) "Penalty" means a penalty which may be imposed under these rules.

3. Grounds for penalty.‑‑Where an employee of the Centre, in the opinion of the authority:‑‑

(a) is inefficient or has ceased to be efficient; or

(b) is guilty of misconduct; or

(c) is corrupt or may reasonably be considered corrupt because

(i) he is, or any of his dependants or any other person through him or on his behalf is in possession (for which he cannot reasonably account) of pecuniary resources or of property disproportionate to his known source of income or.

(ii) he has assumed a style of living beyond his ostensible means if it is proved or established through definite evidence.

(iii) has a persistent reputation of being corrupt;

(d) is engaged or is reasonably suspected of being engaged in subversive activities, or is reasonably suspected of being associated with others engaged in subversion or is guilty of disclosure of official secrets to any unauthorised person, and his retention in service is, therefore, prejudicial to national security, the authority may impose on him/her one or more penalties.

4.Penalties.‑‑The following are the minor and major penalties namely:‑‑

(a) Minor Penalties:‑‑‑

(i) Censure.

(ii) withholding, for a specific period, promotion or increment, otherwise than for an unfitness for promotion or financial advancement, in accordance with the rules orders pertaining to the cadre or post.

(iii) recovery from pay of the whole or any part of any pecuniary loss caused to the Centre by negligence or breach of orders.

(b) Major Penalties:‑‑

(i) reduction to a lower post of time scale or to a lower stage in a time scale;

(ii) compulsory retirement;

(iii) removal from service; and

(iv) dismissal from service.

(2) Removal from service does not, but dismissal from service does, disqualify for future employment.

(3) In this rule removal or dismissal from service does not include the discharge of a person:‑‑

(a) appointed on probation, during the period of probation, or in accordance with the probation or training rules applicable to him, or

(b) appointed otherwise than under contract, to hold a temporary appointment, on the expiration of the period of appointment; or

(c) engaged under a contract in accordance ‑ with the terms of the contract.

5. Initiation of proceedings.‑‑Where the Director is of the opinion that there are grounds for proceeding against an employee it shall direct the authorised officer to proceed against the employee.

6. Inquiry procedure.‑‑The following procedure shall be observed when an employee is proceeded against under these rules.

(i) In case where an employee is accused of subversion, corruption or misconduct, the authorised officer may require him to proceed on leave or, with the approval of the Director suspend him, provided that any continuation of such leave or suspension shall require the approval of the Director after every three months.

(ii) The authorised officer shall decide whether in the light of facts of the case or the interest of justice an inquiry should be conducted through an inquiry officer or inquiry committee. If he so decides, the procedure indicated in Rule 7 shall apply.

(iii) If the authorised officer decides that it is not necessary to have an inquiry conducted through an Inquiry Officer or inquiry committee, he shall:‑‑

(a) by order in writing, inform the accused of the action proposed to be taken in. regard to him and the grounds of the action; and

(b) give him a reasonable opportunity of showing cause against ‑ the action: Provided that to such opportunity shall be given where the Director is satisfied that in the interest of the security of Pakistan or any part thereof it is not expedient to give such opportunity.

(iv) On receipt of the report of the Inquiry Officer or Inquiry Committee or, where no such officer or committee is appointed, on receipt of the explanation of the accused, if any, the authorised officer shall determine whether the charge has been proved. If it is proposed to impose a minor penalty he. shall pass orders accordingly. If it is proposed to impose a major penalty, he shall forward the case to the Director alongwith the charge and the statement of allegations served on the accused, the explanation of the accused, the findings of the Inquiry Officer or Inquiry Committee, if appointed, and his own recommendations regarding the penalty to be imposed. the Director shall pass such orders as it may deem proper.

7. Procedure to be observed by the Inquiry Officer and Inquiry Committee.‑‑Where an Inquiry Officer or Inquiry Committee is appointed the authorised officer shall.‑‑

(i) Frame a charge and communicate it to the accused together with the statement of the allegation explaining the charge and of any other relevant circumstances which are proposed to be taken into consideration.

(ii) Require the accused within a reasonable, time, which shall not be less than seven days or more than fifteen days from the day the charge has been communicated to him to put in a written defence and to state at the same time whether he desires to be heard in person.

(iii) The Inquiry Officer or the committee as the case may be, shall enquire into the charge and may examine such oral or documentary evidence in support to the charge or in defence of the accused as may be considered necessary and the accused shall be entitled to cross‑examine the witness against him.

(iv) the Inquiry Officer or the committee as the case may be, shall hear the case day to day and no adjournment shall be given except for the reasons to be recorded in. writing. However, every adjournment, with reasons thereof shall be reported forthwith to authorised officer. Normally no adjournment shall be for more than a week.

(v) Where the Inquiry Officer or the Committee as the case may, be, is satisfied that the accused is hampering, or attempting to hamper, the progress of the enquiry he or it shall administer a warning, and if thereafter he or it is satisfied that the accused is acting in disregard of the warning, he or it shall record a finding to that effect and proceed to complete the inquiry in such manner as he or it thinks best suited to do substantial justice.

(vi) The Inquiry Officer or the Committee as the case may be shall within ten days of the conclusion of the proceedings or such longer period as may be allowed by the authorised officer, submit his or its finding and the grounds thereof to the authorised officer.

7‑A. Revision.‑‑The authority may call for the record of any case pending before or disposed of by the authorised officer and pass such order in relation thereto as it may deem fit.

8. Powers of Inquiry Officer and Inquiry Committee.‑‑(1) For the purpose of an inquiry under these rules, the Inquiry Officer and the Inquiry Committee shall have the powers of a Civil Court Vying a suit under the Code of Civil Procedure, 1908 (Act V of 1908) in respect of the following matters namely.

(a) summoning and enforcing the attendance of any person examining him on oath.

(b) requiring the discovery and production of documents.

(c) recovering evidence on affidavits;

(d) issuing commission for the examination of the witnesses on documents.

(2) The proceeding under these rule shall be deemed to be judicial proceeding within the meaning of sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860).

9. Rule 6 not to apply in certain cases.‑‑Nothing in rule 6 shall apply to a case:

(a) where the accused is dismissed or removed from service or reduced in rank on the ground of conduct which has led to sentence of fine or of imprisonment; or

(b) where the authority competent to dismiss or remove a person from service, or to reduce a person in rank, is satisfied that for reasons to be recorded in writing by that authority, it is not reasonably practicable to give the accused an opportunity of showing cause.

10. Students affairs.‑‑The Director will be solely responsible for the students admission, conduct of examination etc. and any other matter concerning student discipline.

11. Appeal.‑‑(1) An employee on whom penalty is imposed shall have a right to appeal to the officer or authority next above the officer or authority which pass the order within thirty days of the communication of the order appealed against.

(2) Where the penalty is imposed by the order of the Director, the appeal shall lie with the Board of Governors provided that where the penalty is imposed by the order of the Board there shall be no right of appeal but the person concerned may apply to the Board for review of the order.

(3) The order passed an Appeal shall be final.

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