• Dismissal from service under this Act shall disqualify the employee for future employment

under the Government or under any organization to which the provisions of this Act apply.

  • Any penalty under this Act shall not absolve an employee or accused from liability to any

punishment to which he may be liable for an offence, under any law, committed by him while in


  1. Initiation of proceedings.(1) If on the basis of its own knowledge or information placed

before 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—

(a) proceed itself against the accused by issuing a show cause notice under section 7 and, for

reasons to be recorded in writing, dispense with the inquiry:

Provided that no opportunity of showing cause or personal hearing shall be given where-

  1. the competent authority is satisfied that in the interest of security of Pakistan or any part

thereof, it is not expedient to give such an opportunity; or

  1. an employee has entered into plea bargain under any law for the time being in force or has

been convicted of the charges of corruption which have led to a sentence of fine or

imprisonment; or

  • an employee is involved in subversive activities; or
  1. it is not reasonably practicable to give such an opportunity to the accused; or

(b) get an inquiry conducted into the charge or charges against the accused, by appointing an

inquiry officer or an inquiry committee, as the case may be, under section 10:

Provided that the competent authority shall dispense with the inquiry where-

  1. an employee has been convicted of any offence other than corruption by a court of law

under any law for the time being in force; or

  1. an employee is or has been absent 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 be

recorded in writing, he is satisfied that there is no need to hold an inquiry.

(2) The orders of inquiry or the show cause notice, as the case may be, shall be signed by the

competent authority; provided that where the Chief Minister is the competent authority, the

same shall be signed by such officer as may be authorized by him in this behalf.

Note: Competent Authority cannot be inferior in rank to the Appointing Authority.

  1. Suspension.— An employee against whom action is proposed to be initiated under section 5

may be 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 be deemed to be reinstated:

Provided that the continuation of the period of suspension shall require the prior approval of

the competent authority for each period of extension.

Previous Page Page No. 34 Next Page

Leave a Reply

Your email address will not be published. Required fields are marked *