Removal from Service (Special Powers) Ordinance, 2000

AIM

To help the officers of Admn Cadre to handle disciplinary cases proficiently.

SEQUENCE
TITLE AND APPLICATION COMPETENT AUTHORITY GROUNDS OF PENALTIES SUSPENSION PRELIMINARY ENQUIRY/INVESTIGATION PROCEDURES (with or without Enquiry) REPRESENTATION/APPEALS LACUNAS / WEAKNESSES WHY WE LOOSE CASES IN COURTS KEEP IN MIND INDEPENDENT ENQUIRY DENOVO ENQUIRY DISCIPLINARY ACTION AGAINST RETIRED WAPDA EMPLOYEES FR 54 REVISION ACTION CONVICTED BY COURT OF LAW
4

TITLE AND APPLICATION Title

Removal from Service (Special Powers) Ordinance, 2000.

Application
Person in Government Service Person in Corporation Service

This Ordinance has overridden WAPDA Employees (E&D) Rules.

COMPETENT AUTHORITY

Authority or Appointing Authority or An Officer to whom the Appointing Authority is Subordinate An Officer designated by the Authority to exercise powers of Competent Authority.

GROUNDS OF PENALTIES
Inefficiency Guilty of misconduct (defined in defunct E&D Rules). Corruption, because; He or his dependent / any person through him / his behalf is in possession of property which cannot be reasonably accounted for and is disproportionate to his known income. Lifestyle beyond his income. Persistent reputation of being corrupt. Plea bargaining under law, returned assets acquired through corruption.

7 Contd..

GROUNDS OF PENALTIES
Engaged or reasonably believed engaged in subversive activities, retention in service is risk to National security or disclosure of secrets to unauthorized persons. Appointed / Promotion on extraneous grounds in violation of law and relevant rules.

PENALTIES
Minor Penalties: Censure Recovery of specific amount Stoppage of Increments for specific period Major Penalties: Reduction to lower stage in time scale for specific period Reduction to lower post for specific period Compulsory Retirement Removal from Service Dismissal from Service
9

SUSPENSION
A person against whom action is proposed to be taken can be placed under suspension if it is considered necessary. The competent authority may require the accused to proceed on leave.

10

PRELIMINARY ENQUIRY
Irregularities (No loss to Authority
Neglect of work Insubordination Abscond Illegal Gratification Moral Turpitude etc.

Preliminary Enquiry Ordinance Authority Competent Authority

Through 2 nd Formal Enquiry or Short cut method without Formal Enquiry

11

PRELIMINARY ENQUIRY
Irregularities (Loss to Authority
Fraud Embezzlement Negligence

Preliminary Enquiry If no theft, fraud or negligence

Written Off

If theft, fraud or negligence

2nd Preliminary Enquiry

12

PRELIMINARY ENQUIRY
2nd Preliminary Enquiry
Loss less Rs.150,000 Loss less Rs.1,000,000 Loss less Rs.2,000,000 Loss more Rs.2,000,000

Committee by CE

Committee by GM

Committee by MD

Committee by Authority

13

PROCEDURES FOR ACTION UNDER THE ORDINANCE

PROCEDURE WHERE FORMAL ENQUIRY IS TO BE CONDUCTED q PROCEDURE WHERE FORMAL ENQUIRY IS NOT TO BE CONDUCTED (Short-cut Method)

Preliminary Enquiry already got q Preliminary Enquiry already got conducted by the Competent conducted by the Competent authority authority or the Controlling Officer. or the Controlling Officer. (In cases like abscondance etc preliminary enquiry may not be required). For formal enquiry, appointment of q The competent authority may dispense with the formal enquiry if sufficient Enquiry Officer or Enquiry documentary evidence is available Committee by the Competent against the accused or for reasons to be authority. Statement of Allegations recorded in writing that it is satisfied duly signed by the competent that there is no need of holding of authority will be sent to Enquiry formal enquiry. Provisional penalty Officer/Enquiry Committee. will be
14

Contd

q Communication of Statement of determined and Show Cause Notice Allegations to the accused by the Enquiry alongwith statement of allegations duly Officer or Enquiry Committee signed by the Competent authority shall straight away be issued by the Competent q Submission of Defence reply by the authority without holding any formal accused within 7 days to the Enquiry enquiry. Officer/Enquiry Committee. OR q Holding of Formal Enquiry to be competed within 25 days and submission to q Where the accused has entered into plea competent authority. bargaining under any law for the time being in force and has returned the assets q Serving of Show Cause Notice by the or gains acquired through corruption or Competent authority after determining the corrupt practices voluntarily, the enquiry provisional penalty to be imposed upon shall not be ordered and the Show Cause the accused. (copy of Enquiry Report be Notice alongwith statement of allegations supplied) shall be served upon the accused on the q Submission of Defence Reply to the Show basis of such plea bargaining informing Cause Notice by the accused within 15 him action proposed to be taken against days. him. (In WAPDA no case of plea q Passing of final orders by the Competent bargaining could be seen). authority. q Defence reply within 15 days. q Passing of final orders by the Competent authority. 15

REPRESENTATION / APPEAL
Within 15 days of the imposition of penalty Appellate authority may on consideration of representation, relevant material, confirm, set aside, vary or modify the orders. Appeal in FST within 30 days of final orders In case no decision is received within 60 days of submission of appeal he can prefer appeal to F.S.T. Appeal in Supreme Court (Both by employee or employer)

16

AVOID FOLLOWING LACUNAS

The accused officers/officials must be associated with the preliminary enquiries/investigations and their statements alongwith the statements of witnesses must be recorded. In case the accused/witnesses is not appearing before the enquiry officer/committee and using delaying tactics then the matter must be reported to the competent authorities and after seeking prior approval of the competent authority, the enquiry/investigation may be conducted exparte. While fixing the responsibilities the exact period of the incident/irregularity and the tenure of the accused must be kept in view.
17 Contd..

AVOID FOLLOWING LACUNAS

It must be kept in view as to whether the irregularity committed by the accused falls under the purview of his job description or otherwise. In preliminary enquiry, while submitting the report to the competent authority the Enquiry Officer should also furnish the draft statements of allegations in respect of each accused separately.

18

WHY WE LOOSE CASES IN COURTS

The accused is not given fair chance of defence Formal enquiries are not ordered by competent authorities and short cut method is adopted. Courts do not like short cut method. Personal hearing is not afforded by the competent authorities Although not required according to Ordinance Enquiries are conducted by junior officers in rank. Accused is not associated in preliminary enquiries Statement of allegations are prepared carelessly. Deptt Reps to lead the prosecution in formal enquiries lack competency. Prosecution witnesses are selected carelessly and they are not properly briefed.
19

Part of embezzled money cannot be treated as confession of guilt.

KEEP IN MIND
Before formal enquiry by Enquiry Officer/Enquiry Committee a meeting/ discussions of the following is a must for preparing a strategy: Competent authority (other than C and Members) Case dealing Admn officer. Departmental Rep. to lead prosecution. Defence witnesses. When an employee files an appeal in a court of law against penalty imposed upon him, the following points must be kept in view: Comments on appeal should be prepared by Enquiry Officer/ Admn officer who handled the disciplinary case. Briefing of WAPDA counsel must be made by Enquiry Officer or the Admn officer who handled the disciplinary case. On all hearings (especially in important cases), a responsible officer must attend the courts. Clerks may not be deputed to attend courts.
20 Contd..

KEEP IN MIND
An offence must be proved by evidence beyond reasonable doubt. The enquiries must not be conducted in a manner as if the onus is on the accused to establish his innocence. Evidence of person subordinate to accused is not wholly worthy of credit. Statements recorded before initiation of regular enquiry should not be depended upon. The Competent authority must independently apply his mind, come to his own findings and not merely endorse a finding recorded by some other authority (Supreme Court ruling).

21

IMPARTIAL/INDEPENDENT ENQUIRY

The following cannot be impartial / independent Inquiry Officer: Person Issuing charge sheet. Person not only issuing suspension order but further describing the act of accused as a gross misconduct. Inquiry Officer making investigation about the antecedents of defence witnesses and using it against the accused.
A person who is a witness to the occurrence. Person witnessing the confession of guilt by the accused. Person named as accused in a counter complaint. Inquiry Officer likely to be biased on account of some previous incident. Inquiry Officer having personal knowledge of incident likely to influence his
22

conclusion.

DENOVO ENQUIRY

The employer can order a second enquiry after the receipt of enquiry report on the following grounds: Technical error. Violation of the principles of natural justice. Non-examination of some witnesses. Denovo enquiry cannot be instituted simply on the ground that the charges could not be established in the first enquiry.

23

DISCIPLINARY ACTION AGAINST RETIRED WAPDA EMPLOYEES

All Departmental proceedings shall be instituted before retirement of employee or within one year from the date on which he was last on duty which ever is later (CSR 351 A). Future good conduct is an implied condition of pension. Wapda may withhold or withdraw pension or any part of it, if the pensioner be convicted of a crime involving moral turpitude or be found to have been guilty of grave misconduct either during or after completion of his service. For this purpose the procedure as laid down in disciplinary Rules will be followed.

24

HOW TO DECIDE PERIOD OF SUSPENSION, DISMISSAL ETC ON REINSTATEMENT

When an employee who has been dismissed, removed or suspended is reinstated, the revising or appellate authority may grant to him for the period of his absence from duty: Full pay, if he is honourably acquitted The period of absence will be treated as a period spent on duty. Proportional pay, if not honourably acquited The period of absence shall not be treated as a period spent on duty unless the revising or appellate authority so directs. Ref: FR 54
25

 REVISION No provision in Ordinance Action against those employees who have been convicted by a court of law Penalty can be imposed without observing the procedure of detailed enquiry as laid down in disciplinary rules

26