In continuation to this Department's letters No.SORI(S&GAD)1-70/2011 dated 17.09.2011 and No.STO(O&M-M&E)2-1/2013 (Deptts) dated 30.08.2013, | am directed to state that the Chief Minister Punjab has desired that while acting in different capacities with reference to disciplinary cases under the PEEDA Act, 2006, the time frame given in the Act. ibid should be observed strictly. It has also been observed. by the Chief Minister that unnecessary delay in disposal of disciplinary cases not only benefits the accused persons but at the same time it perpetuates agony of the civil servants who are ultimately declared not guilty.
2. Kind attention is invited towards Section 7(c}, 10(6) and 13(7) of the Act ibid which read as under:-
Section 7 (c)
on receipt of reply of the accused within the stipulated period or after the expiry thereof, if no reply is received, determine whether the charge or charges have been proved against the accused or not; a
Provided that after receipt of reply to the show cause notice from the accused, the competent,authority, except where the Chief Minister himself is competent authority, shall decide the case within a period of ninety days, excluding the time during which the post held by the competent authority remained vacant due to certain reasons:
Provided further that if the case is not decided by the competent authority within the prescribed period of ninety days, the accused may file an application before the appellate authority for early decision of his case, which may direct the competent authority to decide the case within a specified period.
Section 10 (6)
The inquiry officer or the inquiry committee, as the case may be, shail submit his or its report, containing clear findings as to whether the charge or charges have been proved or not and specific recommendations regarding exoneration or, imposition of penalty or penalties, to the competent authority within sixty days of the initiation of inquiry:
Provided that where the inquiry cannot be completed within sixty days, the inquiry officer or the inquiry committee, as the case may be, shall seek extension for specific period from the competent authority, for reasons to be recorded in writing:
Provided further that the inquiry shall not be vitiated merely on the grounds of non-observance of the time schedule for completion of inquiry:
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Section 13(7)
After receipt of inquiry report, the competent authority, except where the Chief Minister himself is the competent authority, shall decide the case within a period of ninety days, excluding the time during which the post held by the competent authority remained vacant due to certain reasons.
3, It is, therefore, requested to ensure that enquiries initiated under the PEEDA Act, 2006 in departments/offices are completed by the relevant authorities/ Enquiry Officers within the stipulated time frame as provided under the Act ibid.
4. The above instructions may be implemented in letter and spirit.
No.SORI(S&GAD)1-86/2014.
GOVERNMENT OF THE PUNJAB
SERVICES & GENERAL ADMINISTRATION
DEPARTMENT. (REGULATIONS WING)
Dated Lahore, the 11th August, 2014
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