9 peeda (slides)
- 2. Today’s Topic “PEEDA Act, 2006” By: Muhammad Akram Bhatti MA, LL.B, LL.M Ex-PCS Officer/Advocate High Court Cell # 0300-6803388
- 3. Disciplinary Laws (previous) Punjab Civil Servants (E & D) Rules, 1975 Punjab Civil Servants (E & D) Rules, 1999 Punjab Removal from Service (Special Powers) Ordinance, 2000
- 4. PEEDA Act, 2006 (current) The Punjab Employees Efficiency, Discipline & Accountability Act, 2006 was passed by the Punjab Assembly and made effective w.e.f 17th October, 2006
- 5. Salient Features of PEEDA 2006 Employee ‘Corruption & inefficiency’ defined in Sec. 2(g) & (k) Change of minor/major penalties Role of Hearing Officer (Sec. 14) Charge sheet included in the Order of Inquiry Penalties after retirement Police & Judiciary excluded
- 6. Initiation of Inquiry Suspension In cases inquiry is dispensed with Conviction or plea bargain
- 7. Procedure to be followed by the Authority Where the inquiry necessary, procedure to be followed: Inform the accused, Opportunity of showing cause, determine whether charge proved or not, time limit 90 days (otherwise the accused may approach the Appellate authority), P. Hearing by itself or through H. O., Exonerate or impose penalty. Precautions Charge of grave corruption –dismissal, in addition to recovery. Absence for more than 1 year – Removal or dismissal.
- 8. Procedure to be followed by the EO/EC Examination of oral/documentary evidence Witness/cross-examination etc. Day to day hearing If the accused is hampering
- 9. Contd.. If the accused is absent, except medical leave Submit findings (clear with recommendations) If not finalized within time, extension to be sought from the Authority Recommendations not binding on Authority
- 10. Duties of D.R. Full assistance Production of record Cross-examination Rebuttal of defence
- 11. Responsibility of Hearing Officer Fix a date & time Summoning of accused and DR – along with record – for P. Hearing After hearing, record his remarks & submit a report to Authority Summary of the inquiry report Summary of defence offered Summary of the grounds of appeal/review
- 12. Action to be taken by the Authority Examine the report/case file Whether inquiry conducted as per the provisions of Act Charge proved or not. If not, he will exonerate If proved: Inform the accused, proposing the penalty to be imposed Opportunity of showing cause within 7 days (before the Authority or H.O.) Indicate the date of personal hearing
- 13. Contd.. Provide a copy of inquiry report Direction to D.R. to be present along with the relevant record Impose the penalty or exonerate Provided Charge or grave corruption: Dismissal, in addition to recovery, if any Absence of more than one year – penalty of compulsory retirement or dismissal If the inquiry was not conducted, as per law, remand or order a de novo inquiry
- 14. Contd.. Precaution Commensurate with the gravity of charges Care should be taken while withholding the increments Penalty of ‘compulsory retirement’ if 10 years’ service or more… For retired employees, the penalties should be as per Sec. 4 (c) and Sec. 21
- 15. Latest instructions for Hearing Officer Allegations levelled against the accused Brief facts of inquiry/recommendations of E.O. Grounds taken by the accused in appeal/review Defence offered by the accused during hearing Views of D.R. rendered before him Views/suggestions of H.O. in a meaningful manner
- 16. Departmental Appeal/Review Uphold the order of penalty or reject the appeal/review Set aside the order and exonerate Modify the orders – reduce or enhance the penalty Set aside the order and remand the case Provided If the penalty to be enhance, it shall inform the accused and give him a reasonable opportunity Hearing officer can also be appointed
- 17. Revisional Powers (Sec. 17) The CM, CS or the Administrative Secretary or any other Appellate Authority: He can: Uphold the orders of the competent/appellate authority Order the competent authority to hold a de novo inquiry, or Impose or enhance a penalty No order prejudicial to the accused unless given a reasonable opportunity of showing cause/p.hearing.
- 18. Appeal before the PST (Sec. 19) An employee, aggrieved by an order u/s 16 or 17 may, within 90 days, prefer an appeal to the PST. If the Appellate Authority or the CM does not pass any final order within 60 days the aggrieved employees may file an appeal to the PST (within 90 days).