THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT 2006

(Act XII of 2006) CONTENTS

SECTION

HEADING

! 2! "! #! $! 6! %! &! '! 0! ! 2! "! #! $! 6!

Short title, extent, commencement and application. Definitions. Grounds for proceedings and penalty. Penalties. Initiation of proceedings. Suspension. Procedure where inquiry is dispensed with. Action in case of conviction or plea argain under any law. Procedure to e followed y competent authority where inquiry is necessary. Procedure to e followed y inquiry officer or inquiry committee. Powers of the inquiry officer or inquiry committee. Duties of the departmental representative. !rder to e passed y the competent authority on receipt of report from the inquiry officer or inquiry committee. Personal hearing. Procedure of inquiry against officers lent to other governments, etc. Departmental appeal and review.

%! &! '! 20! 2 ! 22! 2"! 2#! 2$! 26!

"evision Appearance of counsel. Appeal efore Pun#a Service $ri unal. Act to override other laws. Proceedings under this Act. Indemnity. %urisdiction arred. Power to ma&e rules. "emoval of difficulties. "epeal.

THE PUNJAB EMPLOYEES EFFICIENCY, DISCIPLINE AND ACCOUNTABILITY ACT 2006

( )

(Act XII of 2006)

'() !cto er *++,-

An Act to provide for proceedings against the employees in government and corporation service in relation to their efficiency, discipline and accountability.

P*+,-./+.. /hereas it is expedient and necessary in the pu lic interest and for good governance to provide measures for improvement of efficiency, discipline and (( )$his Act was passed
y the Pun#a Assem ly on * !cto er *++,0 assented to y the Governor of the Pun#a on (1 !cto er *++,0 and pu lished in the Pun#a Ga2ette 34xtraordinary5, dated () !cto er *++,, pages (1678(19:.

accounta ility of employees in government and corporation service and matters connected therewith or ancillary thereto0 It is here y enacted as follows;8 (. Short title, extent, commencement and application.. 3(5 $his Act may e called the Pun#a 4mployees 4fficiency, Discipline and Accounta ility Act *++,. 3*5 315 3:5 It extends to the whole of the Pun#a . It shall come into force at once. It shall apply to.

3i5 employees in government service0 3ii5 employees in corporation service0 and 3iii5 retired employees of government and corporation service0 provided that proceedings under this Act are initiated against them during their service or within one year of their retirement.

2! D+f010t0o12.. In this Act, unless there is anything repugnant in the su #ect or context. 3a5 <accused= means a person who is or has een an employee and against whom action is initiated under this Act0 3 5 <appellate authority= means the authority next a ove the competent authority to which an appeal lies against the orders of the competent authority0 3c5 <appointing authority= in relation to an employee or class of employees means an appointing authority declared or notified as such y an order of the Government or organi2ation or under the rules, etc., as may e applica le to such employee or class of employees0 3d5 <charge= means allegations framed against the accused pertaining to acts of omission or commission cogni2a le under this Act0 3e5 <>hief ?inister= means the >hief ?inister of the Pun#a 0 3f5 <competent authority= means. 3i5 the >hief ?inister0 or 3ii5 in relation to any employee or class of employees, any officer or authority authori2ed y the >hief ?inister to exercise the powers of competent authority under this Act0 provided that such officer or authority shall not e inferior in ran& to the appointing authority prescri ed for the post held y the employee against whom action is to e ta&en0 or 3iii5 in relation to an employee of a tri unal or court functioning under the Government, the appointing authority or the chairman or presiding officer

of such tri unal or court, as the case may e, authori2ed y the appointing authority to exercise the powers of competent authority under this Act; Provided that where two or more employees are to e proceeded against #ointly, the competent authority in relation to senior most employee in ran& shall e the competent authority in respect of all the accused; Provided further that where the competent authority, other than the >hief ?inister, has any interest in the result of proceedings under this Act, and does not desire to act as competent authority due to personal reasons, he shall not proceed with the case and shall report the matter to the next higher authority who shall authori2e another officer of the corresponding ran& and status to act as the competent authority in a specific case0 3g5 <corruption= means. 3i5 accepting or o taining or offering any gratification or valua le thing, directly or indirectly, other than legal remuneration, as a reward for doing or for earing to do any official act0 or 3ii5 dishonestly or fraudulently misappropriating, or indulging em e22lement or misusing Government property or resources0 or in

3iii5 possession of pecuniary sources or property y an employee or any of his dependents or any other person, through him or on his ehalf, which cannot e accounted for and which are disproportionate to his &nown sources of income0 or 3iv5 maintaining standard of living eyond &nown sources of income0 or 3v5 having a reputation of eing corrupt0 or 3vi5 entering into plea argain under any law for the time eing in force and return the assets or gains acquired through corruption or corrupt practices, voluntarily0 3h5 <employee= means a person. 3i5 in the employment of a corporation, corporate ody, autonomous ody, authority, statutory ody or any other organi2ation or institution set up, esta lished, owned, managed or controlled y the Government, y or under any law for the time eing in force or a ody or organi2ation in which the Government has a controlling share or interest and includes the chairman and the chief executive, and the holder of any other office therein0 and

in Government service or who is a mem er of a civil service of the province or who holds a civil post in connection with the affairs of the province or any employee serving in any court or tri unal set up or esta lished y the Government ut does not include. 3aa5 a %udge of the @ahore Aigh >ourt or any court su ordinate to that >ourt or an employee of such courts0 and 3 5 an employee of Police.3i5 <Government= means the Government of the Pun#a 0 3#5 <hearing officer= means an officer, senior in ran& to the accused, appointed y any authority competent to appoint hearing officer, to afford an opportunity of personal hearing to the accused on ehalf of the authority concerned0 3&5 <inefficiency= means failure to. 3i5 efficiently perform functions assigned to an employee in the discharge of his duties0 or 3ii5 qualify departmental examination in three consecutive attempts0 3l5 <inquiry committee= means a committee of two or more officers, headed y a convener, as may e appointed y the competent authority under this Act0 3m5 <inquiry officer= means an officer appointed y the competent authority under this Act0 3n5 <misconduct= includes. 3i5 conduct pre#udicial to good order or service discipline0 or 3ii5 conduct contrary to the conduct rules, for the time eing in force0 or 3iii5 conduct un ecoming of an officer and a gentleman0 or 3iv5 involvement or participation for gain directly or indirectly, in industry, trade or speculative transactions y a use or misuse of official position to gain undue advantage or assumption of such financial or other o ligations in relation to private institutions or persons, as may compromise the performance of official duties or functions0 or 3v5 any act to ring or attempt to ring outside influence directly or indirectly to ear on the Governor, the >hief ?inister, a ?inister, or any other authority in respect of any matter relating to the appointment, promotion, transfer, punishment, retirement or other conditions of service0 or 3vi5 ma&ing appointment or promotion or having een appointed or promoted on extraneous grounds in violation of any law or rules0 or 3vii5 a sence from duty without prior approval of leave0 or 3viii5 acquittal y a court of law as a result of compounding of an offence involving moral turpitude or affecting human ody0 or 3ix5 conviction for an offence y a court of law0 3o5 <prescri ed= means prescri ed y rules made under this Act0 and 3p5 <section= means section of this Act. *(2)Su stituted y the Pun#a 4mployees 4fficiency, Discipline and Accounta ility 3Amendment5 Act *+(* 3B@CI of *+(*5.

(2)'3ii5

"! G*o3142 fo* 5*oc++40162 ,14 5+1,/t7.. An employee shall e lia le to e proceeded against under this Act, if he is. 3i5 inefficient or has ceased to e efficient for any reason0 or 3ii5 guilty of misconduct0 or 3iii5 guilty of corruption or is reasona ly considered to e corrupt0 or 3iv5 engaged or is reasona ly elieved to e engaged in su versive activities, and his retention in service is pre#udicial to national security, or is guilty of disclosure of official secrets to any unauthori2ed person. #! P+1,/t0+2!8 3(5 $he competent authority may, notwithstanding anything contained in any law or the terms and conditions of service of the accused, y an order in writing, impose one or more of the following penalties, namely;8 (,) M01o* 5+1,/t0+28

3i5 censure0 3ii5 withholding of increment or increments, for a specific period, su #ect to a maximum of five years0 3iii5 fine not exceeding asic pay of one month0 3iv5 reduction to a lower stage or stages in pay scale, su #ect to a maximum of five stages0 and 3v5 withholding of promotion for a specific period, su #ect to a maximum of five years0 provided that this period shall e counted from the date when a person #unior to the accused is considered for promotion and is promoted on regular asis for the first time0 (.) M,9o* 5+1,/t0+28

3i5 recovery from pay, pension or any other amount paya le to the accused, the whole or a part of any pecuniary loss caused to the Government or the organi2ation in which he was employed, and if the amount due from any such person cannot e wholly recovered from the pay, pension or any other amount paya le to him, such amount shall e recovered under the law for the time eing in force0 3ii5 reduction to a lower post and pay scale from the su stantive or regular post for a specific period su #ect to a maximum of five years0 3iii5 forfeiture of past service for a specific period su #ect to a maximum of five years0

3iv5 compulsory retirement0 3v5 removal from service0 and 3vi5 dismissal from service0 and (c) P+1,/t0+2 ,ft+* *+t0*+-+1t8

3i5 withholding of pension or any part thereof0 3ii5 withdrawing of pension or any part thereof0 and 3iii5 recovery from pension or any other amount paya le to the accused, of pecuniary loss caused to the Government or the organi2ation in which he was employed, and if the amount due from any such person cannot e wholly recovered from the pension or any other amount paya le to him, such amount shall e recovered under the law for the time eing in force. 3*5 Dismissal from service under this Act shall disqualify the employee for future employment under the Government or under any organi2ation to which the provisions of this Act apply. 315 Any penalty under this Act shall not a solve an employee or accused from lia ility to any punishment to which he may e lia le for an offence, under any law, committed y him while in service. $! I10t0,t0o1 of 5*oc++40162.. 3(5 If on the asis of its own &nowledge or information placed efore it, the competent authority is of the opinion that there are sufficient grounds for initiating proceedings against an employee under this Act, it shall either. 3a5 proceed itself against the accused y issuing a show cause notice under section ) and, for reasons to e recorded in writing, dispense with the inquiry; Provided that no opportunity of showing cause or personal hearing shall e given where. 3i5 the competent authority is satisfied that in the interest of security of Pa&istan or any part thereof, it is not expedient to give such an opportunity0 or 3ii5 an employee has entered into plea argain under any law for the time eing in force or has een convicted of the charges of corruption which have led to a sentence of fine or imprisonment0 or 3iii5 an employee is involved in su versive activities0 or 3iv5 it is not reasona ly practica le to give such an opportunity to the accused0 or 3 5 get an inquiry conducted into the charge or charges against the accused, y appointing an inquiry officer or an inquiry committee, as the case may e, under section (+; Provided that the competent authority shall dispense with the inquiry where.

3i5 an employee has een convicted of any offence other than corruption y a court of law under any law for the time eing in force0 or 3ii5 an employee is or has een a sent from duty without prior approval of leave; Provided further that the competent authority may dispense with the inquiry where it is in possession of sufficient documentary evidence against the accused or, for reasons to e recorded in writing, he is satisfied that there is no need to hold an inquiry. 3*5 $he orders of inquiry or the show cause notice, as the case may e, shall e signed y the competent authority0 provided that where the >hief ?inister is the competent authority, the same shall e signed y such officer as may e authori2ed y him in this ehalf.

6! S325+120o1.. An employee against whom action is proposed to e initiated under section 7 may e placed under suspension for a period of ninety days, if in the opinion of the competent authority, suspension is necessary or expedient, and if the period of suspension is not extended for a further period of ninety days within thirty days of the expiry of initial period of suspension, the employee shall e deemed to e reinstated; Provided that the continuation of the period of suspension shall require the prior approval of the competent authority for each period of extension.

%! P*oc+43*+ :;+*+ 01<30*7 02 4025+12+4 :0t;.. If the competent authority decides that it is not necessary to hold an inquiry against the accused under section 7, it shall. 3a5 inform the accused y an order in writing, of the grounds for proceeding against him, clearly specifying the charges therein, along with apportionment of responsi ility and the penalty or penalties proposed to e imposed upon him0 3 5 give him a reasona le opportunity of showing cause against the proposed action, within seven days of receipt of the order or within such extended period as the competent authority may determine0 3c5 on receipt of reply of the accused within the stipulated period or after the expiry thereof, if no reply is received, determine whether the charge or charges have een proved against the accused or not; Provided that after receipt of reply to the show cause notice from the accused, the competent authority, except where the >hief ?inister himself is the competent authority, shall decide the case within a period of ninety days, excluding the time during which the post held y the competent authority remained vacant due to certain reasons;

Provided further that if the case is not decided y the competent authority within the prescri ed period of ninety days, the accused may file an application efore the appellate authority for early decision of his case, which may direct the competent authority to decide the case within a specified period. 3d5 afford an opportunity of personal hearing either itself or through the hearing officer, efore passing any order of penalty under clause 3f5, if it is determined that the charge or charges have een proved against him0 provided that the hearing officer shall only e appointed where the competent authority is of the ran& of Secretary to Government of the Pun#a or a ove0 and 3e5 exonerate the accused, y an order in writing, if it is determined that the charge or charges have not een proved against him0 and 3f5 impose any one or more penalties mentioned in section :, y an order in writing, if the charge or charges are proved against the accused; Provided that. 3i5 where charge or charges of grave corruption are proved against an accused, the penalty of dismissal from service shall e imposed, in addition to the penalty of recovery, if any0 and 3ii5 where charge of a sence from duty for a period of more than one year is proved against the accused, the penalty of compulsory retirement or removal or dismissal from service shall e imposed upon the accused. &! Act0o1 01 c,2+ of co1=0ct0o1 o* 5/+, .,*6,01 314+* ,17 /,: .. /here an employee is convicted y a court of law or has entered into plea argain or has een acquitted y a court of law as a result of compounding of an offence involving moral turpitude or affecting human ody under any law for the time eing in force, the competent authority, after examining facts of the case, shall. 3a5 dismiss the employee, where he has een convicted of charges of corruption or has entered into plea argain and has returned the assets or gains acquired through corruption or corrupt practices voluntarily0 or 3 5 proceed against the employee under section ), where he has een convicted of charges other than corruption0 or 3c5 proceed against the employee under section 9, where he has een acquitted y a court of law as a result of compounding of an offence involving moral turpitude or affecting human ody.

'! P*oc+43*+ to .+ fo//o:+4 .7 co-5+t+1t ,3t;o*0t7 :;+*+ 01<30*7 02 1+c+22,*7.. 3(5 If the competent authority decides that it is necessary to hold an inquiry against the accused under section 7, it shall pass an order of inquiry in writing, which shall include. 3a5 appointment of an inquiry officer or an inquiry committee0 provided that the inquiry officer or the convener of inquiry committee, as the case may e, shall e of a ran& senior to the accused and where two or more accused are proceeded against #ointly, the inquiry officer or the convener of the inquiry committee shall e of a ran& senior to the senior most accused0 3 5 the grounds for proceeding, clearly specifying the charges along with apportionment of responsi ility0 3c5 appointment of the departmental representative y designation0 and 3d5 direction to the accused to su mit written defence to the inquiry officer or the inquiry committee, as the case may e, within seven days of the date of receipt of orders or within such extended period as the competent authority may determine. 3*5 $he record of the case and the list of witnesses, if any, shall e communicated to the inquiry officer or the inquiry committee, as the case may e, along with the orders of inquiry.

0! P*oc+43*+ to .+ fo//o:+4 .7 01<30*7 off0c+* o* 01<30*7 co--0tt++ .. 3(5 !n receipt of reply of the accused or on expiry of the stipulated period if no reply is received from the accused, the inquiry officer or the inquiry committee, as the case may e, shall inquire into the charges and may examine such oral or documentary evidence in support of the charge or in defence of the accused as may e considered necessary and where any witness is produced y one party, the other party shall e entitled to cross examine such witness. 3*5 If the accused fails to furnish his reply within the stipulated period, or extended period, if any, the inquiry officer or the inquiry committee, as the case may e, shall proceed with the inquiry ex parte. 315 $he inquiry officer or the inquiry committee, as the case may e, shall hear the case from day to day and no ad#ournment shall e given except for reasons to e recorded in writing, in which case it shall not e of more than seven days. 3:5 /here the inquiry officer or the inquiry committee, as the case may e, is satisfied that the accused is hampering or attempting to hamper the progress of the inquiry, he or it shall administer a warning and if, thereafter, he or it is satisfied that the accused is acting in disregard to the warning, he or it shall record a finding to that effect and proceed to complete the inquiry in such manner as may e deemed expedient in the interest of #ustice.

375 If the accused a sents himself from the inquiry on medical grounds, he shall e deemed to have hampered or attempted to hamper the progress of the inquiry, unless medical leave, applied for y him, is sanctioned on the recommendation of a ?edical Doard0 provided that the competent authority may, in its discretion, sanction medical leave up to seven days without recommendation of the ?edical Doard. 3,5 $he inquiry officer or the inquiry committee, as the case may e, shall su mit his or its report, containing clear findings as to whether the charge or charges have een proved or not and specific recommendations regarding exoneration or, imposition of penalty or penalties, to the competent authority within sixty days of the initiation of inquiry; Provided that where the inquiry cannot e completed within sixty days, the inquiry officer or the inquiry committee, as the case may e, shall see& extension for specific period from the competent authority, for reasons to e recorded in writing; Provided further that the inquiry shall not e vitiated merely on the grounds of non8o servance of the time schedule for completion of inquiry; Provided further that the recommendations of the inquiry officer or the inquiry committee, as the case may e, shall not e inding on the competent authority.

! Po:+*2 of t;+ 01<30*7 off0c+* o* 01<30*7 co--0tt++ .. 3(5 Eor the purpose of an inquiry under this Act, the inquiry officer and the inquiry committee shall have the powers of a >ivil >ourt trying a suit under the >ode of >ivil Procedure, (9+6 3Act C of (9+65, in respect of the following;8 3a5 summoning and enforcing the attendance of any person and examining him on oath0 3 5 requiring the discovery and production of documents, and receiving evidence on affidavits0 and 3c5 issuing commissions for the examination of witnesses or documents. 3*5 $he proceedings under this Act shall e deemed to e #udicial proceedings within the meaning of sections (91 and **6 of the Pa&istan Penal >ode, (6,+ 3Act B@C of (6,+5.

2! D3t0+2 of t;+ 4+5,*t-+1t,/ *+5*+2+1t,t0=+ .. $he departmental representative shall perform the following duties, namely. 3a5 render full assistance to the inquiry officer or the inquiry committee or hearing officer or the authority concerned, as the case may e, during the proceedings

where he shall e personally present and fully prepared with all the relevant record relating to the case, on each date of hearing0 3 5 cross8examine the witnesses produced y the accused and with permission of the inquiry officer or inquiry committee, as the case may e, the prosecution witnesses in case of their turning hostile0 and 3c5 re ut the grounds of defence offered y the accused efore the hearing officer or the authority concerned. "! O*4+* to .+ 5,22+4 .7 t;+ co-5+t+1t ,3t;o*0t7 o1 *+c+05t of *+5o*t f*o- t;+ 01<30*7 off0c+* o* 01<30*7 co--0tt++.. 3(5 !n receipt of the report from the inquiry officer or inquiry committee, as the case may e, the competent authority shall examine the report and the relevant case material and determine whether the inquiry has een conducted in accordance with the provisions of this Act. 3*5 If the competent authority is satisfied that the inquiry has een conducted in accordance with the provisions of this Act, it shall further determine whether the charge or charges have een proved against the accused or not. 315 /here the charge or charges have not een proved, the competent authority shall exonerate the accused y an order in writing. 3:5 /here the charge or charges have een proved against the accused, the competent authority shall issue a show cause notice to the accused y which it shall. 3a5 inform him of the charges proved against him and the penalty or penalties proposed to e imposed upon him y the inquiry officer or inquiry committee0 3 5 give him reasona le opportunity of showing cause against the penalty or penalties proposed to e imposed upon him and to su mit as to why one or more of the penalties as provided in section : may not e imposed upon him and to su mit additional defence in writing, if any, within seven days of the receipt of the notice, efore itself or the hearing officer, as the case may e0 3c5 indicate the date of personal hearing or appoint a hearing officer to afford an opportunity of personal hearing on his ehalf0 provided that the hearing officer shall only e appointed where the competent authority is of the ran& of Secretary to the Government of the Pun#a or a ove. 3d5 provide a copy of the inquiry report to the accused0 and 3e5 direct the departmental representative to appear, with all the relevant record, on the date of hearing efore himself or the hearing officer, as the case may e.

375 After affording personal hearing to the accused or on receipt of the report of the hearing officer, the competent authority shall, &eeping in view the findings and recommendations of the inquiry officer or inquiry committee, as the case may e, facts of the case and defence offered y the accused during personal hearing, y an order in writing. 3i5 exonerate the accused0 or 3ii5 impose any one or more of the penalties specified in section :; Provided that. 3i5 where charge or charges of grave corruption are proved against an accused, the penalty of dismissal from service shall e imposed, in addition to the penalty of recovery, if any0 and 3ii5 where charge of a sence from duty for a period of more than one year is proved against the accused, the penalty of compulsory retirement or removal or dismissal from service shall e imposed upon the accused. 3,5 /here the competent authority is satisfied that the inquiry proceedings have not een conducted in accordance with the provisions of this Act or the facts and merits of the case have een ignored or there are other sufficient grounds, it may, after recording reasons in writing, either remand the inquiry to the inquiry officer or the inquiry committee, as the case may e, with such directions as the competent authority may li&e to give, or may order a de novo inquiry. 3)5 After receipt of inquiry report, the competent authority, except where the >hief ?inister himself is the competent authority, shall decide the case within a period of ninety days, excluding the time during which the post held y the competent authority remained vacant due to certain reasons. 365 If the case is not decided y the competent authority within the prescri ed period of ninety days, the accused may file an application efore the appellate authority for early decision of his case, which may direct the competent authority to decide the case within a specified period.

#! P+*2o1,/ ;+,*016.. 3(5 $he authority affording personal hearing or the hearing officer on receiving an order of his appointment shall, y an order in writing, call the accused and the departmental representative, along with relevant record of the case, to appear efore him for personal hearing on the fixed date and time. 3*5 After affording personal hearing to the accused, the authority or the hearing officer shall, in relation to the case and the contention of the accused during the hearing, record his remar&s in writing and, in case of hearing officer, su mit a report to the authority so appointed him which shall include. 3i5 summary of the inquiry report where inquiry was conducted under section (+, or summary of the defence offered y the accused to the show cause notice

under section ), or grounds of appeal or review filed under section (,, as the case may e0 3ii5 summary of defence offered y the accused during the hearing, if any0 and 3iii5 views of the departmental representative, if any. $! P*oc+43*+ of 01<30*7 ,6,012t off0c+*2 /+1t to ot;+* 6o=+*1-+1t2, +tc .. 3(5 /here the services of an employee are transferred or lent to any other government, department, corporation, corporate ody, autonomous ody, authority, statutory ody or any other organi2ation or institution, hereinafter referred to as the orrowing organi2ation, the competent authority for the post against which such employee is posted in the orrowing organi2ation may. 3a5 suspend him under section ,0 and 3 5 initiate proceedings against him under this Act; Provided that the orrowing organi2ation shall forthwith inform the lending organi2ation of the circumstances leading to the order of his suspension and the commencement of the proceedings; Provided further that the orrowing organi2ation shall o tain prior approval of the lending organi2ation efore ta&ing any action under this Act, against an employee holding a post in Dasic Pay Scale () or a ove. 3*5 If, in the light of the findings of the proceedings ta&en against the accused in terms of su 8section 3(5, the orrowing organi2ation is of the opinion that any penalty may have to e imposed on him, it shall transmit the record of the proceedings to the lending organi2ation, and the competent authority in the lending organi2ation shall thereupon ta&e action against the accused under section (1. 315 Fotwithstanding anything to the contrary contained in su 8sections 3(5 and 3*5, the >hief ?inister may, in respect of certain employees or class of employees, authori2e any officer or authority in the orrowing organi2ation to exercise all the powers of competent authority under this Act.

6! D+5,*t-+1t,/ ,55+,/ ,14 *+=0+:.. 3(5 An accused who has een awarded any penalty under this Act may, except where the penalty has een imposed y the >hief ?inister, within thirty days from the date of communication of the order, prefer departmental appeal directly to the appellate authority; Provided that where the order has een passed y the >hief ?inister, the accused may, within the aforesaid period, su mit a review petition directly to the >hief ?inister.

3*5 $he authority empowered under su 8section 3(5 shall call for the record of the case and comments on the points raised in the appeal from the concerned department or office, and on consideration of the appeal or the review petition, as the case may e, y an order in writing. 3a5 uphold the order of penalty and re#ect the appeal or review petition0 or 3 5 set aside the orders and exonerate the accused0 or 3c5 modify the orders and reduce or enhance the penalty0 or 3d5 set aside the order of penalty and remand the case to the competent authority, where it is satisfied that the proceedings y the competent authority or the inquiry officer or inquiry committee, as the case may e, have not een conducted in accordance with the provisions of this Act, or the facts and merits of the case have een ignored, with the directions to either hold a de novo inquiry or to rectify the procedural lapses or irregularities in the proceedings; Provided that where the appellate or review authority proposes to enhance the penalty, it shall y an order in writing. 3i5 inform the accused of the action proposed to e ta&en against him and the grounds of such action0 and 3ii5 give him a reasona le opportunity to show cause against the action and afford him an opportunity of personal hearing either itself or through a hearing officer0 provided that the hearing officer shall only e appointed where the appellate or the review authority is of the ran& of Secretary to the Government of the Pun#a or a ove. 315 An appeal or review preferred under this section shall e made in the form of a petition, in writing, and shall set forth concisely the grounds of o #ection to the impugned order in a proper and temperate language.

%! >+=020o1.. 3(5 $he >hief ?inister, >hief 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 y the competent authority or the order of appellate authority, as the case may e, for the purpose of satisfying himself as to the correctness, legality or propriety of such proceedings or order. 3*5 !n examining the record of the case, such authority may. 3i5 uphold the orders of the competent authority or the appellate authority, as the case may e0 or 3ii5 order the competent authority to hold de novo inquiry0 or 3iii5 impose or enhance a penalty or penalties;

Provided that no order, pre#udicial to the accused, shall e passed under this section unless the accused has een given a reasona le opportunity of showing cause against the proposed action and an opportunity of personal hearing. &! A55+,*,1c+ of co312+/.. $he accused, at no stage of the proceedings under this Act, except proceedings under section (9, shall e represented y an advocate.

'! A55+,/ .+fo*+ P319,. S+*=0c+ T*0.31,/.. 3(5 Fotwithstanding anything contained in any other law for the time eing in force, any employee aggrieved y any final order passed under section (, or section () may, within thirty days from the date of communication of the order, prefer an appeal to the Pun#a Service $ri unal esta lished under the Pun#a Service $ri unals Act, (9): 3P . Act, IB of (9):5. 3*5 If a decision on a departmental appeal or review petition, as the case may e, filed under section (, is not received within a period of sixty days of filing thereof, the affected employee may file an appeal in the Pun#a Service $ri unal within a period of thirty days of the expiry of the aforesaid period, whereafter, the authority with whom the departmental appeal or review is pending, shall not ta&e any further action.

20! Act to o=+**04+ ot;+* /,:2.. $he provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time eing in force.

2 ! P*oc++40162 314+* t;02 Act.. Su #ect to this Act, all proceedings initiated against the employees having retired or in service, shall e governed y the provisions of this Act and the rules made thereunder; Provided that in case of retired employee, the proceedings so initiated against him shall e finali2ed not later than two years of his retirement. 3*5 $he competent authority may, y an order in writing, impose one or more penalties specified in clause 3c5 of section :, if the charge or charges are proved against the retired employee.

22! I14+-10t7.. Fo suit, prosecution or other legal proceedings shall lie against the competent authority or any other authority for anything done or intended to e done in

good faith under this Act or the rules, instructions or directions made or issued thereunder.

2"! J3*0240ct0o1 .,**+4.. Save as provided under this Act, no order made or proceedings ta&en under this Act, or the rules made thereunder, shall e called in question in any court and no in#unction shall e granted y any court in respect of any decision so made or proceedings ta&en in pursuance of any power conferred y, or under this Act, or the rules made thereunder. 2#! Po:+* to -,?+ *3/+2.. $he Government may, y notification in the official Ga2ette, ma&e rules for carrying out the purposes of this Act.

2$! >+-o=,/ of 40ff0c3/t0+2.. If any difficulty arises in giving effect to any of the provisions of this Act, the >hief ?inister may ma&e such order, not inconsistent with the provisions of this Act, as may appear to him to e necessary for the purpose of removing that difficulty.

26! >+5+,/.. 3(5 $he Pun#a "emoval from Service 3Special Powers5 !rdinance, *+++ 3!rd. IC of *+++5, is here y repealed. 3*5 Fotwithstanding the repeal of the Pun#a "emoval from Service 3Special Powers5 !rdinance, *+++ 3!rd. IC of *+++5, all proceedings pending immediately efore the commencement of this Act against any employee under the said repealed !rdinance or under the Pun#a >ivil Servants Act, (9): 3P . Act, CIII of (9):5, and the rules made thereunder, or any other law or rules shall continue under that law and rules, in the manner provided thereunder.