Government servant efficiency and discipline rule (Authorized officer)

Q discuss the powers and authority of an authorized officer and an authority in inquiry against the civil servant?

The Government servant efficiency rule 1973 enacted to maintain efficiency and discipline among the civil servants and to invoke penalty against a civil servant guilty of misconduct. As defined under Rule 2 clause 2 and 3 of this rule, Authority means the prime minister or an officer or authority designated by him to exercise the powers of the authority under these rules, and An Authorized officer means an officer authorized by the authority to perform function of an authorized officer under these rules; or if no officer is authorized, the authority.

Relationship of Authority and Authorised officer into to be that of two functionaries working separately and independently, job of authorized officer being that of assistant to authority, relieving him of part of burden of work. Authorized officer not to function entirely on his own but as one authorized or commissioned by authority to perform certain functions on his behalf. Such officer though empowered to decide whether to order inquiry or to issue show-cause notice to accused and to pass final order incase of minor penalty, such officer not to be competent to pass final order where major penalty to be called for in which situation case to be put up to authority for final order. The intention of rules being to relieve authority to heavy burden of work, question involved in relevant provisions to be one of convenience and facility of work and not that of justice and fairplay.

POWERS AND AUTHORITIES OF AUTHORIZED OFFICER AND AUTHORITY:

Under the civil servant efficiency and discipline following rules provide powers to Authorized officer and Authority against the accused government servants:

1. Approval of the Authority: Under sub-rule1 (i) of rule 5 In case if a government servant is accused or found guilty of subversion, corruption or misconduct, the authorized officer may direct/require him to proceed on leave or suspend him with the consent of the higher authority.
2. In accordance with provision of Sub-rule (i) of rule 5, any continuation of such leave or suspension shall require approval of the authority after every three months. And also where the authority is prime minister then secretary establishment shall exercise the powers of authority.
3. It is to be noted here that the authorized officer can only suspend a government servant after obtaining the approval of the authority, on the basis of the principle embodied in section 25 of the general clauses act, 1897.
4. Appointment of an inquiry officer under the government servants efficiency and discipline rules, 1973: Under sub-rule 1 (ii) of rule 5 gives discretion to the authorized officer to entrust the inquiry to an inquiry officer or inquiry committee in order to meet the ends of justice and if he so decides the procedure prescribed under rule 6 of this act shall be applicable.
5. For the purpose of Sub-rules 1 and 2 of Rule 6, an Authorized officer is required to frame a charge and inform the accused government servant along-with the statement of allegations with interpretation of the charge and any other important factor to be taken into consideration.
6. The authorized officer shall require the accused to submit his defense in writing and to state whether he wishes to be heard in person, within a time limit of not less than seven days or more than fourteen days.

OR

Disciplinary procedure to be followed in cases where No Inquiry officer or committee is appointed: Under sub-rule 1 (iii) of Rule 5, if the authorized officer decided not to entrust the inquiry to an inquiry officer or inquiry committee, he shall personally inform the accused in writing indicating the reasons and the proposed action to be taken, giving him a reasonable opportunity of showing cause against the charge. The action should have to be taken must specifically be mentioned in the show cause notice or the accused should be given a reasonable opportunity of showing cause against the proposed action. Provided such an opportunity shall not be given when it is against the security of Pakistan.

1. By virtue of Sub-rule 1 (iv) of rule 5, after the detailed inquiry, the authorized officer shall decide whether the charge has been proved and if it has been proved proposed to inflict minor penalty; he shall pass the order accordingly.
2. On the other hand, under Sub-rule 1 (iv) of rule 5, if the recommendation on the accused is to inflict major penalty, the authorized officer shall forward the whole cases to the higher authority, along with the charge and statement of allegations served on the accused, the findings of the inquiry officer or committee if appointed, the explanation of the accused that is the accused must be shown and had every right to explain before Authorized officer defects in enquiry report and in evidence on which conclusion was based, the authorized officer own remarks in respect of penalty to be imposed, and the authority shall pass the suitable orders.
3. In accordance with Sub-rule 2 of Rule 5, the exercise of powers under clause (i) and (iv) of Sub-rule (1) of Rule 5 by the Authorized officers in the Pakistan Missions abroad shall, unless already so provided, always be subject to the approval of the authority.
4. Revision: Under the provisions of rule 6-A of the government servants(efficiency and discipline) Rules, 1973, the authority may call for the record of any case pending before or disposed of by the authorized officer and pass such order in relation there to as it may deem fit. But under sub-rule 2 no order shall be passed in respect of an accused unless the authorize officer has informed Authority in writing of the grounds on which it is proposed to make the order, charge sheet along with statement of allegations; show cause notice, report of inquiry officer and the final orders.
5. Authority has the power to enhance the penalty proposed by the Authorized officer but in cases where the penalty is enhanced than the maximum penalty shown in the show cause notice, a new show cause notice is invariably issued and the accused is given an opportunity of being heard in person.
6. Authority in case of officers lent to provincial Government: Rule 9 empowers the borrowing authority to suspend the accused, or to direct him to proceed on leave and to start proceedings against-him under these rules if applicable to him, with the condition that the borrowing authority shall obtain prior permission from the president before taking any action. By virtue of sub-rule 2 of rule 9, borrowing authority shall forward to the lending authority, the record of the proceedings and the lending authority shall take appropriate action against the accused in accordance with these rules.