GOVERNMENT OF SINDH SERVICES AND GENERAL ADMINISTRATI0N DEPARTMENT Karachi the 8th September, 1973 NOTIFICATION No.

SOVll(S&GAD)-]/123/73-In exercise of the powers conferred by section 25 of the Sindh Civil Servants Ordinance, 1973 (Sindh Ordinance X of 1973)* the Government of Sindh are pleased to Il1ake the following rules, namely: 1 THE SINDH CIVIL SERVANTS (EFFICIENCY AND DISCIPLINE) RULES, 1973 (1) Short title, comll1encement and application:(1) These rules may be called the Sindh Civil Servants (Efficiency and Discipline) Rules, 1973. (2) They shall come into force at once and shall apply may be: 2 to all civil servants wherever they

3 [ Provided that the civil servants of such category of [Basic Scale] as may be specified by the Chief Minister shall be excluded from purview of these rules.] 2. Definitions:--In these rules, unless the context otherwise requires:

________________________ * It became the Sindh Civil Servants Act, 1973 on 5th December, 1973. 1. These Rules were published in the Sindh government Gazette, Part IV-A Extraordinary dated 10th September 1973, pages 203-208. 2. Proviso inserted by Government of Sindh Notification No. SOIXREG(S&GAD)2/E1l-75,

dated the 21st August 1975, see Sindh government Gazette, 1975, Pt. IV-A, pages 79-82. 3. Substituted for "Grade" by S&GAD Notification No. SOIX-REG(S&GAD)2/BIl- 73 (PT.!) dated the 8th January 1985, SGG. Pt. IV-A, 1985(P.3). 1 (1) "accused" means a civil servant against whom action is taken under these rules;

1 (2) "authority" means

the

Chief Minister or any officer or 2 authority under these rules[:] .

authority designated

by him to exercise the powers of' the 3

[Provided that the "authority" in the case of a member of the Sindh Judicial Service shall be the Chief Justice or a Judge of the High court appointed by him]. 1 4 (2) "authorized officer" means [the Chief Secretary or] an officer authorized. by the authority to perform functions of an authorized officer under these rules;

(4) "misconduct" means conduct prejudicial to good order of service discipline or contrary to West Pakistan Government Servants (Conduct) Rules, 1966 or unbecoming of an officer and a gentleman and includes any act on the part of a civil servant to bring or attempt to bring political or other outside influence directly or in directly to bear on the Government or any Government officer in respect of any matter relating to the appointment, promotion, transfer, punishment, retirement or other conditions of service of a civil servant: and (5) "penalty" means a penalty which may be imposed under these rules.

3. Grounds for penalty -Where a civil servant, 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

_____________________ 1. Subs. By Notification No. SOIX-REG(S&GAD)2/E/l-75, dated. 21st August, 1975. 1 2. Substituted for semi column by Notification No. SOR-I(S&GAD)2/3-93 dated. The th 7 April 1999. 2 3. Proviso added by Notification No. SOR-I(S&GAD)2-3/93 dated. 7 th April, 1999

3 4. The words inserted by Notification No. SOIX-REG(S&GAD)2/E/l-75, dated. The 21 st August, 1975.

(i) he, is or any of his dependents 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 sources of income; or (ii) he has assumed a style of living beyond his ostensible means; or

(iii) he has a persistent reputation of being corrupt; or (d) is engaged, or is reasonably suspected of being engaged, in subversive activities, or is reasonably suspected of being associated with others engaged in subversive activities or is guilty of disclosure of official secrets to any unauthorized person; and his retention in service is therefore prejudicial to national security, the authority may impose on him one or more penalties. 4. Penalties.-(1) The following are the minor and major (a) Minor Penalties: 1 1 (i) censure; (ii) withholding, for a specific. period, promotion or increment, otherwise than. for unfitness for promotion or financial advancement, in accordance with the (iii) rules or orders pertaining to the service or post; in the time-scale, otherwise than pecuniary loss caused to penalties namely:

(iii) stoppage, for a specific period, at an efficiency bar for unfitness to cross such bar; (iv) recovery from pay of the whole or any part of any Government by negligence or breach of orders;

(b) Major Penalties: 1 1 (i) reduction [for a specific period] to a lower post or 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 for future employment. (3) In this rule, removal or dismissal from service does not discharge of a person-(a) appointed on probation, during the period of probation, or probation or training rules applicable to him; or (b) appointed, otherwise than under a contract,. to hold a on the expiration of the period of appointment; or (c) engaged under a contract, in accordance with the terms 2 service does, disqualify include the in accordance with the temporary appointment, of contract.

[4-A. (1) If in the opinion of the authorized officer, there are sufficient grounds for proceeding against the civil servant under these rules, he shall take action in accordance with rule 5. (2) Notwithstanding anything contained in these rules the authority may in any case exercise all powers of authorized officer or give any direction to the authorized officer as it may deem fit: Provided that such directions shall be given by the Chief alone if Chief Secretary is the authorized officer]. Minister

__________________________________ 1. The words inserted by Notification No. SOIX-REG(S&GAD)2/B/l-73(Pt.I) dated 25 th February 1980, SGG. Pt.I, 1980 (P.220). 2. Rule 4-A, Inserted by Government of Sindh Notification No. SOIX-REG(S&GAD)2/E/l-5, dated 21 st August 1975.

5. Inquiry Procedure.- The following procedure shall be observed is proceeded against under these rules:

when a civil servant

(1) In case where a civil servant is accused of subversion, corruption or misconduct, the authorized officer may require him to proceed on leave or, with the approval of the authority, suspend him, provided that any continuation of such leave or suspension shall require approval of the authority after every three months. (2) The authorized officer shall decide whether in the light of facts of the case or the interests of justice an inquiry should be conducted through an Inquiry Officer or Inquiry Committee. If he so decides, the procedure indicated in rule 6 shall apply. (3) If the authorized officer decides that it is not necessary to have an inquiry conducted through an Inquiry Officer or Inquiry Committee, he shall: to (a) by order in writing, inform the accused of him and the grounds of the action; and (b) give him a reasonable opportunity of the action proposed to be taken in regard showing cause against that action;

Provided that no' such opportunity shall be given where the authority. is satisfied that in the interest of the security of Pakistan or any part thereof it is not expedient to give such opportunity. (4) 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 authorized officer shall determine whether the charge has been proved and-1 (a) if it is proposed to impose a minor penalty, he pass orders accordingly; shall

(b) if it is proposed to impose a major penalty, he shall forward the case to the authority alongwith the charge and 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, and the authority shall pass such orders as it may deem proper. [(c) if it is proposed. to drop the proceedings, case with all relevant documents to the Authority The Authority shall pass such orders as it 2 1 the 'authorized officer' shall submit the for appropriate orders.

may deem proper.]

[Provided that the authorized officer shall, subject to proviso to sub-rule (3), before imposing minor penalty or recommending imposition or a major penalty, as the case may be, by notice accompanied by a copy of the enquiry report, if any, intimate

the accused of the aforesaid penalty and grounds therefore and call upon him to show cause within a fortnight of the notice why the proposed penalty should not be imposed or, as the case may be, recommended and the reply, if any, to the said notice shall be taken into consideration before imposing or recommending a penalty.] 4 [(5) The orders passed by the Authority or the authorized officer, shall [*****] be communicated to the accused within fifteen days of such orders.] (6) If two or more civil servants are proceeded against jointly, the authority or authorized officer in respect of the senior most civil servant amongst them shall be the authority or authorized officer, as the case may be, in respect of an such civil servants.] 3

____________________________________________ 1. New clause (c) added by Notification No. SOR-I(S&GAD)I-4/98 Dated. 28th November, 1998. 2. Proviso added by Notification No. SOIX-REG(S&GAD)11-52/81 dated 9 th October, 1984, SGG. Pt.IV-A, 1984 (P-49). 1 3. Sub rules (5) and (6) of rules 5 added by Notification No. SOIX-Reg(S&GAD)2/E/l/75 dated. 21st August 1975 and Sub rule (5) of rule 5 further substituted by Notification No. SO.IX.Reg(S&GAD)2/B/l-73, dated. 17th March 1976. 4. The words "alongwith a copy of the enquiry report, if any "deleted by Notification No. SOIXREG(S&GAD)Il/52- 81, dated. 9th October, 1984, SGG.Pt.IV-A, 1984 (P.49).

6. Procedure to be observed by the Inquiry Officer and Inquire (1) Where an Inquiry Officer or Inquiry Committee is shall-

Committee :-

appointed, the authorized officer

(a) frame a charge and communicate it to the accused to- gather with statement of the allegations explaining the charge and of any other relevant circumstances which are proposed to be taken into consideration; (b) require the accused within a reasonable time, which shall not be less than seven days or more than fourteen days from the day 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;

(2) 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 of the charge or in defence of the accused as may be considered necessary and the accused shall be entitled to crossexamine the witnesses against him. 1 (3) The Inquiry Officer or the Committee, as the case may be, shall hear the case from day to day and no adjournment shall be given except for reasons to be recorded in writing and where any adjournment is given--

(a) it shall not be for more than a week; and (b) the reasons therefore shall be reported forthwith to the authorized officer.

(4) 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 enquiry in such manner as he or it thinks best suited to do substantial justice.

(5) The Inquiry Officer or the Committee, as the case may be, shall within ten days of the conclusion of the proceeding or such longer period as may be allowed by the authorized officer, submit his or its findings and the grounds thereof to the authorized officer. 7. Powers of Inquiry Office 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 trying 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 oath; (b) requiring the discovery and production documents; (c) receiving evidence on affidavits; (d) issuing documents. commissions for the examination of witnesses or any person and examining him on

(2) The proceeding under these rules shall be deemed to be judicial proceeding within the meaning of sections 193 and 238 of the Pakistan Penal Code (Act XIV of 1860). 8. Rule 5 not to apply in certain cases.-Nothing in rule 5 shall apply to a case: -

[(a) Where the accused has been convicted by a court and sentenced to imprisonment or fine on charge(s) involving moral turpitude, in which case the competent authority shall on receipt of intimation of the conviction, make an order dismissing or removing the accused from service or reducing him in rank as it deems fit; provided that in case of conviction on charge(s) of corruption the accused shall be dismissed from service.]

________________________________ 1. Substituted by Notification No. SOIX-REG(S&GAD)/B 1/73(PtJ) dated. 14i1i October 1978, SGG. Pt. IV-A, 1978 (P. 118).

(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. [8-A- Treating leave or suspensions duty or re-instatement --If a civil servant who proceeds on leave or is suspended under sub-rule (1) of rule 5 is exonerated of the charge or no action has been taken against him, he shall be reinstated in service and the period of leave or, as the case may be, suspension shall be treated as duty.] 9. Procedure of Authority:inquiry against officers lent to other Government or 1

(1) Where the services of a civil servant to whom these rules apply are lent to any other Government or to a local or other authority, in this rule referred to as the borrowing authority, the borrowing authority shall have the powers of the authority for the purpose of placing him under suspension or requiring him to proceed on leave and of initiating proceedings against him under these rules; Provided that the borrowing authority shall forthwith inform the authority which has lent his services, hereinafter in this rule referred to as the lending authority, of the circumstances leading to the order of his suspension or the commencement of the proceedings, as the case may be: Provided further that the borrowing authority shall obtain prior approval of Government before taking any action under thee rules against a member of Class I Service or a holder of Class I post. (2) If, in the light of the findings in the proceeding taken against the civil servant in terms of sub-rule (1), the borrowing authority is of opinion that any penalty should be

imposed on him, it shall transmit to the lending authority the record of the proceedings and thereupon the lending authority shall take action as prescribed in these rules.

____________________________ 1. Rule 8-A inserted by Notification No. SOIX-REG(S&GAD)2/B/l-73 dated. 24 th to January 1977, SGG. P.IV- A, 1977. [(3) Notwithstanding anything contained in these rules, Government may, by an order in writing, authorize the borrowing authority or any subordinate officer to such authority to exercise all or any of the powers of 'authorized officer', 'authority' or 'appellate authority' in respect of civil servant, whose services have been lent to borrowing authority.] [10. (1) A civil servant aggrieved by an order of the authorized officer or authority may, within thirty days from the date of the order appeal to the appropriate authority given in the Schedule: [Provided that where the penalty is imposed by order of Chief Minister or Chief Justice, as the case may be, there shall be no appeal, but the civil servant or the member of the Sindh Judicial Service may apply for review of the orders.] [Explanation-- For the purposes of the this sub-rule the period of thirty days shall be reckoned with effect from the day following the day on which the order appealed against is communicated to the Civil Servant] (2) The appellate authority shall, on receipt of the appeal, call for the 'record of the case from the authorized officer or the authority, as the case may be and after perusal of such record and if considered necessary hearing the appellant and the representative of the authorized officer or the authority, as the case may be, make such order as it may deem fit: Provided that if the appellate authority purposes to enhance the penalty, it shall give the appellant reasonable opportunity to show cause against the enhancement of the penalty. 4 3 2 1

_____________________________ 1. Added by Notification No. SOIX-REG(S&GAD)/2/D/8/78 dated. 5 th December, 1982, SGG. Pt. IV -A, 1983, (P-5). 2. Subs for the original rule 10 which read as under: "10. Appeal: - A person on whom penalty is imposed shall have right of appeal as may be prescribed by service rules applicable to him: - Provided that, where the penalty is imposed

by order of the Government, there shall be no appeal but the person concerned may apply for review of the order". by Government of Sindh Notification No. SOIX-REG(S&GAD)2/E/l-75, dated. The 2 st August6, 1975. 13. Proviso substituted by Notification No. SOR-I(S&GAD)2/3-93 Dated. 7 th April, 1999. 4. Explanation added below the proviso to sub-rule (1) of rule 10 by Notification No. SOIXREG(S&GAD)I/B/l- 73, dated the 17th March, 1976.

10-A (1) The Chief Minister or any officer of authority empowered by him may call for and examine the record of any proceeding under these rules for the purpose of satisfying himself as to the correctness, or propriety of any finding, penalty or order in, irregularity of, such proceedings. (2) After examining the record under sub-rule (1), the Chief Minister or any officer or authority, empowered by him, as the case may be, may direct further inquiry into the charges from which the civil servant has been exonerated, or may exercise any power of appellate authority: Provided that an order made under this rule, if prejudicial to the civil servant, shall not be passed unless he has been given opportunity of showing cause; Provided further that an order imposing penalty shall not be 1 [six months] from the date of its preferred. revised after the period of

communication to the civil servant if no appeal is instance of the civil

(3) No proceeding under this rule shall be entertained at the servant who has not filed the appeal] 2

[(4) The powers conferred on the Chief Minister under this rule, shall in relation to a member of Sindh Judicial Service, be exercised by the Chief Justice.] 3 [10-B. Appearance of Counsel:-No party shall be represented by proceeding under these rules.] a lawyer in any

11. Repeal.- The West Pakistan Government Servants (Efficiency & Discipline) Rules, 1960 in their application to the civil servants are hereby repealed, but the repeal shall not affect any action taken or any thing done or suffered thereunder.

__________________________ 1. Substituted for "three months" by S&GAD Notification No. REG(S&GAD)2/B/l- 73 dated 26th February, 1981 2. Sub-rule (4) added by Notification No. SOR-I(S&GAD)2-3/93 dated. 7-4-1999. 3. Rule 10-B added vide Notification No. SOIX-REG(S&GAD)2/B/l- 73 dated.31 st July, 1976.

[12. Constitution of Anti-Corruption Council. -(1) There shall be Council hereinafter referred to as the Council. (2) The Council shall consist of the Chief Minister, and two or by the Chief Minister. (3) The Council shall be assisted by such Advisors as may Minister from time to time by a Notification. (4) The Director, Anti-Corruption Establishment, shall be the

an Anti-Corruption

more Ministers nominated be required by the Chief Secretary to the Council.

(5) The Council shall meet at least once in three months at each Divisional Headquarter and hold Open Kutchery for receiving complaints against civil servants. 13. Power of the Council.-(1) The Council may make an order on the spot that an enquiry be made by an Investigation Team on any of the complaints of the nature mentioned in rule 3 received in Open Kutchery under rule 12. (2) The Council may, constitute one or more Investigation Teams each consisting of 2 2 Officers of the [Basic Scale] normally not below [Basic Scale] 18, of whom one shall be Police Officer, one Engineer, one Officer of Accounts and one Revenue Officer. (3) An Investigation Team shall have all the powers of Inquiry Committee under rule 7. (4) The Investigation Team shall, submit its report to the of the entrustment of the enquiry to it. Officer or Inquiry

Council within forty eight hours

(5) On report submitted under sub-rule (4) the Council may issue or require the Authorized Officer to issue a notice to the accused civil servant calling upon him to show cause within such time as may be specified in the Notice why one or more penalties mentioned in these rules should not be imposed upon him.

__________________________ 1. Rules 12, 13 & 14 added vide Notification No. SOIX-REG (S&GAD) 2/B1l- 73 dated 25 th February 1976. 2. Substituted for "Grades" by Notification No. SOIX-REG(S&GAD)2/B/1- 73(Pt.I) dated. 8 th January, 1985, SGG. Pt. IV-A, 1985 (P.3)

(6) The Council may, after receipt of the reply from the accused civil servant directly or through the Authorized Officer pass an order imposing one or more of the penalties under these rules on such civil servant. (7) Any civil servant aggrieved by an order of the Council may within thirty days from the communication of the order prefer review petition to the Council and the order passed by the Council on such petition shall be final. (8) In the event of dis-agreement between the Chief Minister and the majority of the members of the Council on any matter under this rule, the order of the Chief Minister in such matter shall prevail. 1 14. Overriding Provision.- [ (1) ] The provisions contained in rule 12 and 13 shall not affect the powers of the Chief Minister under other provisions of these rules.] 1 [(2) Noting in rule 12 and 13 shall apply to a member of the Sindh Judicial Service.]

_______________________ 1. Rule-14 numbered as Sub-rule (1) and new Sub-rule (2) added by Notification No. SOR-

I(S&GAD)2/3-93 dated 7th April, 1999.

[SCHEDULE]

See Rule (10) ______________________________________________________________ Sr. No. Authority making the order. Authority competent to hear appeals representations. ______________________________________________________________ 1. Officer in [Basic Scales] 16, 17, The officer next above under whom and 19. the officer making the order is working. 2. Regional Head. Head of the Attached Department is no Head of the Attached Department then Department concerned.

and entertain 18

concerned and if there Secretary of the

3. Head of Attached Department. Secretary of the Department unless he is of a lower grade in which case Chief Secretary through the Secretary of the Department. 4. 5. 2 Secretaries of the Department. Chief Secretary Chief Secretary. Chief Minister

[6. Senior Puisne Judge or a Judge Chief Justice nominated by the Chief Justice. Chief Justice for Review] Chief Minister for Review]

6A. Chief Justice 7. Chief Minister

__________________________ 1. Schedule to Rule 10 added by Notification No. SOIX-REG(S&GAD)2/F/l-75, dated 21 st August, 1975. 2. Substituted. by Notification NO. SOR-l(S&GAD)2/3-93 dated 7 th April, 1999.