THE PUNJAB EMPLOYEES EFFICIENCY DISCIPLINE & ACCOUNTABILITY ACT, 2006

THE PUNJAB EMPLOYEES EFFICIENCY DISCIPLINE &  ACCOUNTABILITY ACT, 2006

Note: There is no limit to number of extensions of suspension. During the suspension period the

employee shall be entitled to drawl of salary / allowances because he is a civil servant for all intent

and purposes. Besides, Suspension is not mandatory, rather is discretional; The Competent

Authority will suspend the accused only if his / her retention in office can influence the

proceedings.

  1. Procedure where inquiry is dispensed with.- if the competent authority decides that it is not

necessary to hold an inquiry against the accused under section 5, it shall—

  • inform the accused by an order in writing, of the grounds for proceeding against him, clearly

specifying the charges therein, along with apportionment of responsibility and the penalty or

penalties proposed to be imposed upon him;

  • give him a reasonable 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

determine;

  • 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 been 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 Chief Minister himself is the competent authority,

‘  shall decide the case within a period of ninety days, excluding the time during which the

post held by the competent authority remained vacant due to certain reasons:

Provided further that if the case is not decided by the competent authority within the

prescribed period of ninety days, the accused may file an application before the appellate

authority for early decision of his case, which may direct the competent authority to decide the

case within a specified period.

  • afford an opportunity of personal hearing either itself or through the hearing officer, before

passing any order of penalty under clause (f), if it is determined that the charge or charges have

been proved against him; provided that the hearing officer shall only be appointed where the

competent authority is of the rank of Secretary to Government of the Punjab or above; and

  • exonerate the accused, by an order in writing, if it is determined that the charge or charges

have not been proved against him; and

  • impose any one or more penalties mentioned in section 4, by an order in writing, if the

charge or charges are proved against the accused:

Provided that-

  • where charge or charges of grave corruption are proved against an accused, the penalty of

dismissal from service shall be imposed, in addition to the penalty of recovery, if any; and

  • where charge of absence 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 be imposed upon the accused.

  1. Action in case of conviction or plea bargain under any law. ;- Where an employee is convicted

by a court of law or has entered into plea bargain or has been acquitted by a court of law as a

Previous Page Page No. 35 Next Page

Leave a Reply