THE PUNJAB EMPLOYEES EFFICIENCY DISCIPLINE & ACCOUNTABILITY ACT, 2006
result of compounding of an offence involving moral turpitude or affecting human body under art
law for the time being in force, the competent authority, after examining facts of the case, shah—
- dismiss the employee, where he has been convicted of charges of corruption or has
entered into plea bargain and has returned the assets or gains acquired through corruption
or corrupt practices voluntarily; or
- proceed against the employee under section 7, where he has been convicted of charges other
than corruption; or
- proceed against the employee under section 9, where he has been acquitted by a court of
law as a result of compounding of an offence involving moral turpitude or affecting human
Note: Compounding of Offence here means Compromise between petitioner and defender.
- Procedure to be followed by competent authority where inquiry is necessary. – (I) if the
competent authority decides that it is necessary to hold an inquiry against the accused under
section 5, it shall pass an order of inquiry in writing, which shall include
(a) appointment of an inquiry officer or an inquiry committee; provided that the inquiry officer
or the convener of inquiry committee, as the case may be, shall be of a rank senior to the
accused and where two or more accused are proceeded against jointly, the inquiry officer
or the convener of the inquiry committee shall be of a rank senior to the senior most
- the grounds for proceeding, clearly specifying the charges along with apportionment of
- appointment of the departmental representative by designation; and
- direction to the accused to submit written defence to the inquiry officer or the inquiry
committee, as the case may be, within seven days of the date of receipt of orders or within
such extended period as the competent authority may determine.
Note: Show Cause Notice can be served to the accused by hand or through registered mail. if the
accused does not deliberately receive the notice, then by pasting the notice, in presence of
[ witnesses, on his house-door, or through police, or through publishing it in two national Dailies.
(2) The record of the case and the list of witnesses, If any, shall be communicated to the,
inquiry officer or the inquiry committee, as the case may be, along with the orders of inquiry.
- Procedure to be followed by inquiry officer or inquiry committee. — (1) On 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 be, 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 be considered necessary and where any witness is produced by one party, the
other party shall be entitled to cross examine such witness.
Note: PEEDA Act does not require of an Inquiry Officer to write to the accused to submit
reply; rather, it is the role of Competent Authority only.
|Previous Page||Page No. 36||Next Page|