THE PUNJAB EMPLOYEES EFFICIENCY DISCIPLINE & ACCOUNTABILITY ACT, 2006

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

body.

Note: Compounding of Offence here means Compromise between petitioner and defender.

  1. 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

accused,

  • the grounds for proceeding, clearly specifying the charges along with apportionment of

responsibility;

  • 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.

  1. 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.

 

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