ESTA CODE

ESTABLISHMENT CODE KHYBER PAKHTUNKHWA ( REVISED EDITION ) 2011

A COMPENDIUM OF LAWS, RULES AND INSTRUCTIONS RELATING TO THE TERMS AND CONDITIONS OF PROVINCIAL CIVIL SERVANTS COMPILED BY; (O&M) SECTION ESTABLISHMENT & ADMINISTRATION DEPARTMENT

PREFACE
The Government of N-W.F.P. Establishment Code was first published by the Servi es ! General "dministration #epartment in $ay %&'(. )t was subse*uently updated and the revised version Establishment Code, a ompendium, of laws, rules and administrative instru tions pertainin+ to the terms and onditions of servi e of the Provin ial Civil Servants has served as a standard referen e wor/ in the offi ialdom. -. Sin e a period of over %. years has elapsed durin+ whi h lar+e s ale amendments in the laws and rules have been made, it was ne essary to brin+ out a revised and updated edition of the Establishment Code in orporatin+ the latest instru tions and amendments. 0. " ommittee omprisin+ $r. $ian $uhammad, "dditional Se retary 1Cabinet2, $r.Sha/irullah, #eputy Se retary13-)))2, $r.4an Said Se tion 5ffi er 15!$2 ame out in "u+ust, -.... Sin e its publi ation, the

and $rs. 3obin 6aider 7u/hari Se tion 5ffi er 13-8)2 was onstituted to revise and update the Establishment Code. This new edition is out ome of endeavours of this Committee. 9. This Code omprises law, rules and administrative instru tions with re+ard to terms and onditions of Government Servants. )n the present edition, amendments in laws, rules and instru tions upto 4anuary, -.%% have been in orporated. :. Su++estions for improvement in the Establishment Code are wel omed and may be addressed to the Se tion 5ffi er 15!$2 E!"#.

( Rashid Ahmad ) Secretary Establishment

#ated .(-.---.%%
S. No. Subject Pages

C !"#$%&I
1. Constitutional Provisions regarding Terms and Conditions of Civil Servants. 1 2. NWFP Civil Servants Act, 197 . 2 ! 11 . "uidelines for revie# of cases of civil servants under section 1 $1%$a% of t&e NWFP civil servants Act, 197 ' (etirement of civil servants under section 1 $1%$a% of t&e Civil servants Act, 197 . 12! 1)

C !"#$%&II
). Statutor* Provision regarding a++ointment' T&e NWFP Civil Servants $A++ointment, Promotion ,Transfer% (ules, 19-9. 1. / 2. .. T&e NWFP initial a++ointment to civil +osts $rela0ation of u++er age limit% rules, 211-' violation of age limit +olic*. 22 / 29 2. (ecruitment Polic* for t&e Provincial Services. 1 / 7. 3onal allocation in initial recruitment' 4onal allocation formula. ) / 2 -. Constitution of PS5, 6PC and 6SC. 7 / 9 9. Procedure for Selection for Promotion'7nitial recruitment. )1 / ) 11. (eservation of 8uota for a++ointment of Class!79 "ovt. Servants and c&ildren of (etiring' 7nca+acitated'deceased civil servants.

)) / )7 11. A++ointment in lieu of land grants. )- / )9 12. Fi0ed Pa* +olic*. .1 / .1 1 . Promotion Polic*' 7nstructions for guidance. .2 / 22 1). (evision of t&e +olic* for grant of 5S!21 and 5S!22 to tec&nical and +rofessional officers on t&e :asis of meritorious services. 27 / 72 1.. A++ointment against &ig&er +osts'A++ointment on acting c&arge :asis. 7 / 79 12. Statutor* Provision'Posting and Transfer Polic*' Placement Polic*. -1/ -7 17. Posting'transfer from FATA and vice versa' C&ange in +olic* to fill vacant +osts in FATA to ensure :etter &uman resource management. -- / 91 1-. "uidelines for transfer' +osting of Nai: Te&sildars' Political Nai: Te&sildars' Assistant Political Agents' 7nter!Provincial Transfer. 91 / 92 19. 7dentification of ;nattractive'<ard areas'Tenure of +osting +olic*. 9 21. West Pa=istan Civil Services $a++lications for +osts% (ules,19.7. 9) / 92

C !"#$%&III
21. >arriages #it& Foreign Nationals (ules, 1922'West Pa=istan "ovt. Servants $(estrictions on >arriages #it& Foreign Nationals% (ules, 192 etc. 97 / 99 22. Sur+lus Pool Polic* ! Polic* for declaring government servants as sur+lus and t&eir su:se8uent a:sor+tion' ad?ustment. 111 / 11) 2 . Pro?ect Polic* ! Polic* governing a++ointment against +ro?ect +osts. 11. / 112). 6e+utation Polic*'Terms and conditions of civil servants de+uted to foreign service and ancillar* instructions. 119/ 1 2 2.. Counting of Ad&oc Service'Ad&oc a++ointment. 1 22. Confirmation and retention of lien. 1 2 / 1)1 27. Wit&dra#als of (esignation' determination of seniorit* of officials #&o are allo#ed to #it&dra# t&eir resignation'Pre+aration and issuance of seniorit* list. 1)1 / 1) 2-. (e!em+lo*ment of t&e Pensioners :e*ond t&e age of si0t* *ears. 1)) / 1). 29. C&ange of name +olic*'c&ange in t&e recorded date of :irt&. 1)2 / 1)/1 .

1. Criteria'modalities for classif*ing deat&'inca+acitation of civil servants in t&e line of dut* for t&e +ur+ose of com+ensation. 1)9 / 1.1

C !"#$%&IV
1. Statutor* Provision'NWFP "ovt. Servants $Conduct (ules% 19-7' ancillar* instructions. 1.1 ! 192 2. (emoval From Service $S+ecial Po#ers% @rdinance, 2111. 19 / 212 . Statutor* Provision'NWFP "ovt. Servants $Afficienc* , 6isci+line% (ules, 197 and instructions. 21 / 2 2 ). Statutor* Provision'NWFP Civil Servants $A++eal% (ules, 19-2. 2 7 / 2)1 .. Anon*mous Betters'Com+laints. 2)1 / 2)2 2. NWFP Anti!Corru+tion Asta:lis&ment (ules, 1999'recover* of losses from "ovt. officers'officials. 2) / 2)7 7. >iscellaneous 7nstructionsC'Prom+t dis+osal of @fficial 5usiness' (eference to t&e Ba# 6e+artment for vetting. 2)- / 2.1 -. NWFP "ovt. of (ules of 5usiness, 19-.! Su:mission of summaries to t&e "overnor and C&ief Secretar*. 2.1 / 2. 9. Ado+tion of +ro+er +rocedure for su:mission of summaries to "overnor'C&ief >inister, NWFP'use of +riorit* la:els'@fficial corres+ondence. 2.) / 2.2 )1. Constitution of Standing Service (ules Committee. 2.7 / 2.)1. Cases see=ing advice of A,A6. 2.9 )2. Punctualit* in attendance, Casual leave'ot&er leave' Attendance of official meetings in t&e C&ief >inisterDs Secretariat. 221 / 222

C !"#$%&V
) . NWFP Service Tri:unal Act, 197). 22 / 227 )). NWFP Service Tri:unal (ules, 197). 22-/ 27) ).. NWFP Pu:lic Service Commission @rdinance, 197-. 27. / 279 )2. NWFP Pu:lic Service Commission $Functions% (ules, 19- . 2-1 / 2)7. Constitution of Searc& Committee'(e8uisition to NWFP Pu:lic Service

Commission, dela*s, causes and remedies'?oining time etc. 2-) ! 2-7 )-. NWFP Su:ordinate Eudiciar* Tri:unal Act, 1991. 2-- / 291 )9. NWFP Su:ordinate Eudiciar* Tri:unal (ules, 1991. 291 / 297 .1. >isc. 7nstructions regarding Court'Bitigation cases etc. 29- / 11 .1. Pre+aration of Eoint Para!#ise Comments :* 6e+artments on :e&alf of C&ief Secretar* and ot&ers. 12/ 1 .2. Non com+liance of courts related instructions' instructions +ertaining to courts cases. 1) . . Streamlining of litigation +rocedure for and against t&e "ovt. of NWFP. 1. / 17 .). 9arious +rovisions of Bimitation Act,191-. 1- / 19 ... >ode of su:mission of cases. 11 .2. Services and "eneral AdmnC 6e+artment $no# A,A6%. 11

A''$(')*
.7. NWFP Ad&oc Civil Servants $(egulari4ation of Services% Act, 19-7. 12 / 1 .-. NWFP Civil Servants $(egulari4ation of Services% Act, 19--. 1) / 1. .9. NWFP Am+lo*ees on Contract 5asis $(egulari4ation of Services% Act, 19-9. 12 / 17 21. NWFP Am+lo*ees on Contract 5asis $(egulari4ation of Services% $Amendment % Act, 1991. 121. NWFP Am+lo*ees $(egulari4ation of Services% Act, 2119. 19 / 21
1

CONSTITUTIONAL PROVISIONS REGARDING TERMS AND CONDITIONS OF SERVICE OF CIVIL SERVANTS. Appointments to service of P !ist n n" con"itions of service. Artic#e $%& of t'e Constit(tion of Is# mic Rep()#ic of P !ist n* +,-.. Subject to the Constitution, the appointments to and the conditions of service of persons in the service of Pakistan shall be determined;-

(a) in the case of the services of the Federation, posts in connection ith the affairs of the Federation and !llPakistan Services, b" or under !ct of #ajlis-e-Shoora (Parliament)$ and (b) %n the case of the services of a Province and posts in connection ith the affairs of a Province, b" or under !ct of the Provincial !ssembl"& '(planation/0 %n this !rticle, )!ll-Pakistan Service) means a service common to the Federation and the Provinces, hich as in e(istence immediatel" before the commencin* da" or hich ma" be created b" !ct of #ajlis-e-Shoora (Parliament)& E1istin2 r(#es etc. to contin(e& Artic#e $%+. +ntil the appropriate ,e*islature makes a la under !rticle -./, all rules and orders in force immediatel" before the commencin* da" shall, so far as consistent ith the provisions of the Constitution, continue in force and ma" be amended from time to time b" the Federal 0overnment or as the case ma" be, the Provincial 0overnment&
-

T3E N4FP CIVIL SERVANTS ACT* +,-. (N.W.F.P. Act No. XVIII of !"#)
1!n

!ct to re*ulate the appointment of persons to, and the terms and conditions of

service of persons in, the service of the 1orth 2est Frontier Province& Pre m)#e0 W$EREAS it is e(pedient to re*ulate b" la , the appointment of persons to, and the terms and conditions of service of persons in, the service of the 1orth 2est Frontier Province, and to provide for matters connected there ith or ancillar" thereto; %t is hereb" enacted as follo s/0 +. S'ort tit#e* pp#ic tion n" commencement/0 (1) 3his !ct ma" be called the 1orth 2est Frontier Province Civil Servants !ct,1456& (-) 3his section and section -7, shall appl" to persons emplo"ed on contract, or on ork char*ed basis, or ho are paid from contin*encies, and the remainin* provisions of

this !ct includin* this section, shall appl" to all civil servants herever the" ma" be& 6) %t shall come into force at once& C8!P3'9-% PRELIMINAR5 $. Definitions/0 (1) %n this !ct, unless the conte(t other ise re:uires the follo in* e(pressions shall have the meanin*s hereb" respectivel" assi*ned to them, that is to sa"(a) )ad hoc appointment) means appointment of a dul" :ualified person made other ise than in accordance ith the prescribed method of recruitment, pendin* recruitment in accordance ith such method, (b) )civil servant) means a person ho is a member of a civil service of the Province, or ho holds a civil post in connection ith the affairs of the Province, but does not include(i) a person ho is on deputation to the Province from the Federation or an" other Province or other authorit"; (ii) a person ho is emplo"ed on contract, or on ork char*ed basis, or ho is paid from contin*encies; or (iii) a person ho is a ) orker) or ) orkman) as defined in the Factories !ct,146. (!ct ;;< of 146.), or the 2orkman=s Compensation !ct,14-6 (!ct <%%% of 14-6); (c) )0overnment) means the 0overnment of the 1orth-2est Frontier Province&
1 Published

in the 12FP 0overnment 0a>ette '(traordinar" dated 1--11-1456 at pa*es -?5 1--?5<

(d) )%nitial appointment) means appointment made other ise than b" promotion or transfer; (e) )Pa") means the amount dra n monthl" b" a civil servant as pa", and includes special pa", personal pa" and an" other emoluments declared b" the prescribed authorit" to be paid ; (f) )Permanent post) means a post sanctioned ithout limit of times; (*) )Prescribed) means prescribed b" rules; (h) )Province )means the 1orth 2est Frontier Province; (i) )rules) means rules made or deemed to have been made under this !ct ; (j) )Selection authorit") means the 1orth-2est Frontier Province Public Service

Commission, a departmental selection board, departmental selection committee or other authorit" or bod" on the recommendations of, or in consultation ith hich an" appointment or promotion, as ma" be prescribed, is made; (k) )temporar" post) means a post other than a permanent post& (-) For the purpose of this !ct, an appointment, hether b" promotion or other ise, shall be deemed to have been made on re*ular basis if it is made in the prescribed manner& C8!P3'9-%% TERMS AND CONDITIONS OF SERVICE OF CIVIL SERVANTS .. Terms n" Con"itions/0 3he terms and conditions of service of a civil servant shall be as provided in this !ct and the rules& %. Ten(re of office of civi# serv nts/- 'ver" civil servant shall hold office durin* the pleasure of the 0overnor& 6. Appointment/0 !ppointment to a civil service of the Province or to a civil post in connection ith the affairs of the Province shall be made in the prescribed manner b" the 0overnor or b" a person authori>ed b" the 0overnor in that behalf& 7. Pro) tion/0 (1) !n initial appointment to a service or post referred to in section 7, not bein* an ad hoc appointment, shall be on probation as ma" be prescribed& (-) !n" appointment of a civil servant b" promotion or transfer to a service or post ma" also be made on probation as ma" be prescribed& (6) 2here, in respect of an" service or post, the satisfactor" completion of probation includes the passin* of a prescribed e(amination, test or course or successful completion of an" trainin*, a person appointed on probation to such service or post ho,
.

before the e(pir" of the ori*inal or e(tended period of his probation, has failed to pass such e(amination or test or to successfull" complete course or the trainin* shall, e(cept as ma" be prescribed other ise(a) if he as appointed to such service or post b" initial recruitment, be

dischar*ed; or (b) if he as appointed to such service or post b" promotion or transfer, be reverted to the service or post from hich he as promoted or transferred and a*ainst hich he holds a lien or, if there be no such service or post, be dischar*ed$ Provided that in the case of initial appointment to a service or post, a civil servant shall not be deemed to have completed his period of probation satisfactoril" until his character and antecedents have been verified as satisfactor" in the opinion of the appointin* authorit"& -. Confirm tion /0 (1) ! person appointed on probation shall, on satisfactor" completion of his probation, be eli*ible for confirmation in a service or, as the case ma" be, a post as ma" be prescribed& (-) ! civil servant promoted to a post -@ A on re*ular basis shall be eli*ible for confirmation after renderin* satisfactor" service for the period prescribed for confirmation therein& (6) 3here shall be no confirmation a*ainst an" temporar" post& (.) ! civil servant ho, durin* the period of his service, as eli*ible to be confirmed in an" service or a*ainst an" post retires from service before bein* confirmed shall not, merel" b" reason of such retirement, be refused confirmation in such service or post or an" benefits accruin* there-from& (7) Confirmation of a civil servant in a service or post shall take effect from the date of occurrence of permanent vacanc" in that service or post or from the date of continuous officiation, in such service or post, hichever is later& 8. Seniorit9/0 (1) For proper administration of a service, cadre or 6@postA, the appointin* authorit" shall cause a seniorit" list of the members for the time bein* of such service, cadre

or .@postA to be prepared, but nothin* herein contained shall be construed to confer an" vested ri*ht to a particular seniorit" in such service, cadre or 7@postA as the case ma" be& (-) Subject to the provisions of sub-section (1), the seniorit" of a civil servant shall be reckoned in relation to other civil servants belon*in* to the same service or
B@cadreA

hether servin* the same department or office or not, as ma" be prescribed&

-

3he ords Cor *radeD omitted b" 12FP Erdinance 1o& %< of 14?7&
ord C*radeD substituted b" 12FP Erdinance 1o& %< of 14?7& ord C*radeD substituted b" 12FP Erdinance 1o& %< of 14?7& ord C*radeD substituted b" 12FP Erdinance 1o& %< of 14?7& ord C*radeD substituted b" 12FP Erdinance 1o& %< of 14?7&

6 3he . 3he 7 3he B 3he

(6) Seniorit" on initial appointment to a service, 5@cadreA or post shall be determined as ma" be prescribed&
?

(.) Seniorit" in a post, service or cadre to hich a civil servant is promoted shall

take effect from the date of re*ular appointment to that post; Provided that civil servants ho are selected for promotion to a hi*her post in one batch shall, on their promotion to the hi*her post, retain their inter-se-seniorit" as in the lo er post&
4

(7) 3he seniorit" lists prepared under sub-section(1), shall be revised and notified

in the official 0a>ette at least once in a calendar "ear, preferabl" in the month of Fanuar"& ,. Promotion/0(1) ! civil servant possessin* such minimum :ualifications as ma" be prescribed, shall be eli*ible for promotion to a 1/@hi*herA post for the time bein* reserved under the rule for departmental promotion in 11@ A the service or cadre to hich he belon*s& (-) ! post referred to in sub-section (1) ma" either be a selection post or a non selection post to hich promotion shall be made as ma" be prescribed(a) in the case of a selection post, on the basis of selection on merit; and (b) in the case of non-selection post, on the basis of seniorit"-cum-fitness& +&. Postin2 n" Tr nsfer/0 'ver" civil servant shall be liable to serve an" here ithin or outside the province, in an" post under the Federal 0overnment, or an" Provincial

0overnment or ,ocal authorit", or a corporation or bod" set up or established b" an" such 0overnment/ Provided that nothin* contained in this section shall appl" to a civil servant recruited specificall" to serve in a particular area or re*ion$ Provided further that, here a civil servant is re:uired to serve in a post outside his service or cadre , his terms and conditions of service as to his pa" shall not be less favourable than those to hich he ould have been entitled if he had not been so re:uired to serve& ++. Termin tion of service/0 (1) 3he service of a civil servant ma" be terminated ithout notice(i) Gurin* the initial or e(tended period of his probation$ Provided that, here such civil servant is appointed b" promotion on probation or, as the case ma" be, is transferred from one @serviceA, cadre or post to another @serviceA, cadre or post, his service shall not be so terminated so lon* as he
5 3he ? Sub 4 Sub

ord C*radeD substituted b" 12FP Erdinance 1o& %< of 14?7& section (.) of Sec-? substituted b" 12FP Erdinance 1o& %< of 14?7& section (7) of Sec-? added b" 12FP !ct 1o& % of 14?4 ord Chi*herD inserted b" 12FP Erdinance 1o& %< of 14?7&

1/ 3he

11 3he

ords Cthe hi*her *rade ofD omitted b" 12FP Erdinance 1o& %< of 14?7&

holds a lien a*ainst his former post in such 1-@serviceA or cadre, but he shall be reverted to his former 16@serviceA, cadre or post, as the case ma" be; (ii) En the e(pir" of the initial or e(tended period of his emplo"ment;& or (iii) if the appointment is made ad hoc terminable on the appointment of a person on the recommendation of the selection authorit", on the appointment of such person& (-) 2here, on the abolition of a post or reduction in the number of posts in a cadre or *rade, the services of a civil servant are re:uired to be terminated, the person hose services are terminated shall ordinaril" be the one ho is the most junior in such cadre or *rade& (6) 1ot ithstandin* the provisions of sub-section (1), but subject to the provisions of sub-section (-), the service of a civil servant in temporar" emplo"ment or

appointed ad hoc shall be liable to termination on fourteen da"sH notice or pa" in lieu thereof&
1.

++0A. A)sorption of civi# serv nts ren"ere" s(rp#(s. 1ot ithstandin* an"thin*

contained in this !ct, the rules made there-under, an" a*reement, contract or the terms and conditions of service, a civil servant ho is rendered surplus as a result of re-or*ani>ation or abolition of a department, office or abolition of a post in pursuance of an" 0overnment decision ma" be appointed to a post, carr"in* basic pa" scale e:ual to the post held b" him before such appointment, if he possesses the :ualifications and fulfils other conditions applicable to that post$ Provided that, here no e:uivalent post is available, he ma" be offered a lo er post in such manner and subject to such conditions as ma" be prescribed, and here such civil servant is appointed to a lo er post, the pa" bein* dra n b" him in the hi*her post immediatel" precedin* his appointment to a lo er post shall remain protected& +$. Reversion to #o:er 17post&/0 ! civil servant appointed to a hi*her post or 1B@before the commencement of the 1orth-2est Frontier Province Civil Servants amendment) Erdinance, 14?7 to a hi*herA *rade ad hoc or on temporar" or officiatin* basis shall be liable to reversion to his lo er post 15@ A ithout notice&
1?+$A&

Cert in persons to )e #i )#e to remov # or reversion/0 1ot ithstandin*

an"thin* contained in his terms and conditions of service, a civil servant appointed or promoted durin* the period from first da" of Fanuar", 145- to the fifth da" of Ful",1455 ma" be removed from service or reverted to his lo er post as the case ma" be, or a person authori>ed b" him in this behalf, on such date as the 0overnor or, as the case ma" be, ithout notice, b" the 0overnor

the person so authori>ed ma", in the public interest, direct&

1- 3he 16 3he 1. 3he 17 3he 1B 3he 15 3he

ord C*radeD substituted b" 12FP Erdinance 1o& %< of 14?7& ord C*radeD substituted b" 12FP Erdinance 1o& %< of 14?7& ne Section C11-!D inserted b" 12FP Erdinance 1o&<% of -//1 ords C*rade or serviceD substituted b" 12FP Erdinance 1o& %< of 14?7& ords inserted b" 12FP Erdinance 1o& %< of 14?7& ords Cor *radeD omitted b" 12FP Erdinance 1o& %< of 14?7 1-! inserted b" 12FP Erdinance 1o& %; of 145?&

1? Section

5
14I-/ +..

Retirement from service/ 0 (1) ! civil servant shall retire from service-

(a) on such date after he has completed -1@t ent"A "ears of service :ualif"in* for pension or other retirement benefits as the competent authorit" ma", in public interest, direct; or (b) here no direction is *iven under clause (a), on the completion of si(tieth "ear of his a*e& (-) 1o direction under clause (a) of sub-section (%) shall be made until the civil servant has been informed in ritin* of the *rounds on hich it is proposed to make the direction, and has been *iven a reasonable opportunit" of sho in* cause a*ainst the said direction& E1p# n tion/ %n this section, the e(pression Ccompetent authorit"D means the appointin* authorit" prescribed in rule . of the 1orth-2est Frontier Province Civil Servants (!ppointment, Promotion and 3ransfer) 9ules, 14?4& +%. Emp#o9ment fter retirement/0 (1) ! retired civil servant shall not ordinaril" be reemplo"ed under 0overnment, unless such re-emplo"ment is necessar" in the public interest and is made ith the prior approval of the authorit" ne(t above the appointin* authorit"$ Provided that, here the appointin* authorit" is the 0overnor, such re-emplo"ment ma" be ordered ith the approval of the 0overnor& (-) Subject to the provision of sub-section(1) of section 6 of the '(-0overnment Servants ('mplo"ment 14BB), a civil servant ma", durin* leave preparator" to retirement, or after retirement from 0overnment service, seek an" private emplo"ment$ ith Forei*n 0overnments) (Prohibition) !ct,14BB (!ct ;%% of

Provided that, here emplo"ment is sou*ht b" a civil servant hile on leave preparator" to retirement or ithin t o "ears of the date of his retirement, he shall obtain the prior approval of the prescribed authorit"& +6. Con"(ct/0 3he conduct of a civil servant shall be re*ulated b" rules made, or instructions issued, b" 0overnment or a prescribed authorit", respect of a specified *roup or class of civil servants& +7. Discip#in r9 ction/0 ! civil servant shall be liable to prescribed disciplinar" action and penalties in accordance ith the prescribed procedure& +-. P 9/0 ! civil servant appointed to a post --@ Ashall be entitled, in accordance ith the rules, to the pa" sanctioned for such post -6@ A& Provided that, hen the appointment is made on a current-char*e basis or b" a" of additional char*e, his pa" shall be fi(ed in the prescribed manner$
14 Section -/ Section

hether *enerall" or in

16 substituted vide 12FP Civil Servants (!mendment) !ct 1441(!ct %%% of 1441) 16 a*ain substituted vide 12FP Civil Servants (!mendment) Erdinance -/// (12FP

Erdinance 1o& <%%% of -///)&

-1 3he

ord Ct ent"-fiveD "ears substituted ith the ords Ct ent"D in Section 16 vide 12FP Civil ords Cor *radeD omitted b" 12FP Erdinance 1o& %< of 14?7& ords Cor *radeD omitted b" 12FP Erdinance 1o& %< of 14?7&

Servants (second amendments) Erdinance -//1&

-- 3he -6 3he

Provided further that here a civil servant has, under an order hich is later set aside, been dismissed or removed from service or reduced in rank, he shall, on the settin* aside of such order, be entitled to such arrears of pa" as the authorit" settin* aside such order ma" determine& +8. Le ve/0 ! civil servant shall be allo ed leave in accordance ith the leave rules applicable to him; provided that the *rant of leave service and be at the discretion of the competent authorit"&
-.

ill depend on the e(i*encies of

+,. Pension n" 2r t(it9&J(1) En retirement from service, a civil servant appointed

on

re*ular basis in the prescribed manner before the commencement of the 1orth-2est Frontier Province Civil servants (!mendment) !ct, -//7 (hereinafter referred to as the said !ct), shall be entitled to receive such pension or *ratuit" as are admissible to him under the 2est Pakistan Civil Service Pension 9ules$ Provided that in the event of death of such a civil servant, hether before or after retirement, his famil" shall be entitled to receive such pension, or *ratuit", or both, as admissible under the said rules& (-) ! person thou*h selected for appointment in the prescribed manner to a service or post on or after the 1 st da" of Ful", -//1, till the commencement of the said !ct, but appointed on contract basis, shall, !ct, be deemed to have been appointed on re*ular basis& !ll such persons and the persons appointed on re*ular basis to a service or post in the prescribed manner after the commencement of the said !ct shall, for all intents and purposes be civil servant, e(cept for the purpose of pension or *ratuit"& Such a civil servant shall, in lieu of pension and *ratuit", be entitled to receive such amount contributed b" him to ards the Contributor" Provident Fund, alon* ith the contributions made b" 0overnment to his account in the said Fund, in the prescribed manner$ Provided that in the event of death of such a civil servant, hether before or after retirement, his famil" shall be entitled to receive the said amount, if it has alread" not been received b" such deceased civil servant&
-7

ith effect from the commencement of the said

Provided further that here a civil servant appointed to a pensionable post on

re*ular basis before the 1st da" of Ful", -//1, is appointed to another post, after the 1 st da" of Ful", -//1 benefit of pension and *ratuit" as allo ed to him under his previous terms of appointment or to avail the benefit of Contributor" Provident Fund allo ed to him under his ne appointment& (6) 1o pension to a civil servant, ho is other ise entitled to it, shall be admissible to him, if he is dismissed or removed from service for reasons of discipline, but 0overnment ma" sanction compassionate allo ance to such civil servant, not e(ceedin* t othird of the pension or *ratuit" hich ould have been admissible to him had he been invalided from service on the date of such dismissal or removal$ Provided that a civil servant referred to in sub-section (-), in case of such dismissal or removal, ma", in addition to his o n contributions to the Contributor" Provident Fund, be
-. Section-14

ithout an" service break, he shall be *iven an option either to retain the

substituted b" the 12FP Civil Servants (!mendment) !ct -//7 (12FP !ct 1o&%; of

-//7) published in the 12FP 0overnment 0a>ette '(traordinar" dated -6rd Ful" -//7&
-7 Proviso

inserted vide 12FP Civil Servants (!mendment) !ct, -//4, (12FP, !ct 1o&<%%% of -//4)

published in the 12FP 0overnment 0a>ette '(traordinar" dated -?th #arch, -//4&
4

allo ed, on account of such compassionate allo ance, a sum not e(ceedin* t o-third of 0overnment contributions in his account& (.) %f the determination of the amount of pension or *ratuit" admissible to a civil servant is dela"ed be"ond one month of the date of his retirement or death, he or his famil", as the case ma" be, shall be paid provisionall" such anticipator" pension or *ratuit" as ma" be determined b" the prescribed authorit", accordin* to the len*th of service of the civil servant hich :ualified for pension or *ratuit" and an" over pa"ment on such provisional pa"ment shall be adjusted a*ainst the amount of pension or *ratuit" finall" determined as

pa"able to such civil servant or his famil"& $&& Provi"ent F(n"/0 (1) Kefore the e(pir" of the third month of ever" financial "ear, the !ccounts Efficer or other officer re:uired to maintain provident fund accounts shall furnish to ever" civil servant subscribin* to a provident fund the account of hich he is re:uired to maintain a statement under his hand sho in* the subscriptions to includin* the interest accruin* thereon, if an", and durin* the precedin* financial "ear& (-) 2here an" subscription made b" a civil servant to his provident fund has not been sho n or credited in the account b" the !ccounts Efficer or other officer re:uired to maintain such account, such subscription shall be credited to the account of the civil servant on the basis of such evidence as ma" be prescribed& $+. ;enevo#ent F(n" n" Gro(p Ins(r nce/0 !ll civil servants and their families shall be entitled to the benefits admissible under the 2est Pakistan 0overnment 'mplo"ees 2elfare Fund Erdinance,14B4 (2&P Erd&% of 14B4), or the 1orth-2est Frontier Province 0overnment Servants Kenevolent Fund Erdinance,145- (12FP Erdinance <%% of 145-), and the rules made thereunder& $$. Ri2't of Appe # or Represent tion/0 (1) 2here a ri*ht to prefer an appeal or appl" for revie in respect of an" order relatin* to the terms and conditions of his service is provided to a civil servant under an" rules applicable to him, such appeal or application shall, e(cept as ma" be other ise prescribed, be made such order& (-) 2here no provision for appeal or revie e(ists under the rules in respect of an" order or class of orders, a civil servant a**rieved b" an" such order ma", thirt" da"s of the communication to him of such order, make a representation a*ainst it to the authorit" ne(t above the authorit" hich made the order$ ithin ithin thirt" da"s of the date of ithdra als or advances from his provident fund

Provided that no representation shall lie on matters relatin* to the determination of fitness of a person to hold a particular post or to be promoted to a hi*her post or *rade&
1/

C8!P3'9-%%% MISCELLANEOUS $.. S vin2/0 1othin* in this !ct or in an" rule shall be construed to limit or abrid*e the po er of the 0overnor to deal ith the case of an" civil servant in such manner as ma" appear to him to be just and e:uitable$ Provided that, here this !ct or an" rule is applicable to the case of a civil servant, the case shall not be dealt b" this !ct or such rules&
-B

ith in an" manner less favourable to him than that provided

$.0A In"emnit9.0 1o suit, prosecution or other le*al proceedin*s shall lie a*ainst a

civil servant for an"thin* done or intended to be done in *ood faith in his official capacit" under this !ct or the rules, instructions or direction made or issued there-under&
-5

$.0;. <(ris"iction ) rre"&JSave as provided under this !ct and the Service 3ribunal

!ct, 145. (12FP !ct 1o&1 of 145.), or the rules made thereunder, no order made or proceedin*s taken under this !ct, or the rules made thereunder b" the 0overnor or an" officer authori>ed b" him shall be called in :uestion in an" court and no injunction shall be *ranted b" an" court in respect of an" decision made, or proceedin*s taken in pursuance of an" po er conferred b" or under this !ct or the rules made thereunder& $%. Remov # of "iffic(#ties/0 %f an" difficult" arises in *ivin* effect to an" of the provisions of this !ct, the 0overnor ma" make such order, not inconsistent ith the

provisions of this !ct, as ma" appear to him to be necessar" for the purpose of removin* the difficult"$ Provided that no such po er shall be e(ercised after the e(pir" of one "ear from the comin* into force of this !ct& $6. Appointment of persons on contr ct* etc/0 3he 0overnor or an" person authori>ed b" the 0overnor in that behalf ma", on such terms and conditions as he ma" specif" in each case, appoint persons on contract basis, or on ork-char*ed basis, or ho are paid out of contin*encies$ Provided that all such emplo"ees ho ere orkin* in an" such capacit" immediatel" before the commencement of this !ct shall continue to be so emplo"ed on the same terms and conditions on hich the" ere appointed&
-?

$7. R(#es/0 (1) 3he 0overnor or an" person authori>ed b" the 0overnor in this behalf,

ma" make such rules as appear to him to be necessar" or e(pedient for carr"in* out the purposes of this !ct&
-B Section--6! -5 Section--6K -? 3he

inserted vide 12FP Erdinance 1o& ;%< of -//-& inserted vide 12FP Erdinance 1o& ;%< of -//-&

0overnor 12FP has authori>ed the Chief #inister 12FP to make rules vide 1otification 1o& SE9-

% (SL0!G)1--/BM5.M<ol-<, dated 1?-/.-14?4 read as C%n e(ercise of the po ers conferred b" sub-Section (1) of Section -B of the 12FP Civil Servants !ct 1456 (12FP !ct 1o& ;<%%% of 1456), the 0overnor of the 12FP is pleased to authori>e the Chief #inister 12FP to make rules for carr"in* out the purpose of the said !ctD&
11

(-) !n" rules, orders or instructions in respect of an" terms and conditions of service of civil servants dul" made or issued b" an authorit" competent to make them and in force immediatel" before the commencement of this !ct shall, in so far as such rules, orders or instructions are not inconsistent ith the provisions of this !ct, be deemed to be rules

made under this !ct& $-. Repe #/0 3he 1orth-2est Frontier Province Civil servants Erdinance, 1456 (12FP Erdinance 1o&<% of 1456), is hereb" repealed&
1-

G(i"e#ines for revie: of c ses of civi# serv nts (n"er Section +.=+>= > of t'e N4FP Civi# Serv nts Act* +,-.. % am directed to refer to the subject noted above and to sa" that Section 16 of the 12FP Civil Servants !ct, 1456 as amended vide Civil Servants (!mendment) Erdinance, -/// la"s do n as under$(1) ! civil servant shall retire from service& (a) En such date after he has completed t ent"-five "ears of service for pension or retirement benefits as the competent authorit" ma", in public interest, direct; or (b) 2here no direction is *iven under clause (a), on the completion of Si(tieth "ear of his a*e& (-) 1o direction under clause (a) of sub-section (1) shall be made until the civil servant has been informed in ritin* of the *rounds on hich it is proposed to make the direction, and has been *iven a reasonable opportunit" of sho in* cause a*ainst the said direction& E1p# n tion/ %n this section, Ccompetent authorit"D means the appointin* authorit" prescribed in rule . of the 12FP Civil Servants (!ppointment, Promotion L 3ransfer) 9ules, 14?4& -& 3he *uidelines approved b" the competent authorit" for revie of cases under Section 16(1)(a) of the 12FP Civil Servants !ct, 1456 are *iven in the succeedin* para*raphs& 6& 2hen it comes to the notice of the competent authorit" that a civil servant has, prima-facie, ceased to be efficient and that action is arranted a*ainst him under Section 16(1)(a) of the 12FP Civil Servants !ct, 1456, it shall cause the case to be referred to a 9evie Committee statin* the facts of the case alon* ith supportin* documentar" evidence, if an", service record of the person in the form attached as !nne(ure-%, and such other record as ma" be considered relevant to a case for the

purpose of makin* a recommendation about his suitabilit" for further retention in service& .& 3he 9evie Committee for officer of KS-15 and above ma" comprise the follo in*$(i) Chief Secretar" Chairman (K" name) (ii) !ddl& Chief Secretar" #ember('(-officio) (iii) Senior #ember, Koard of 9evenue #ember('(-officio) (iv) Secretar" SL0!G #ember('(-officio) (v) !dministrative Secretar" of #ember('(-officio) the Gepartment concerned& (vi) !dditional Secretar" SL0!G Secretar" 7& 3he Secretar" of the concerned !dministrative Gepartment has been authori>ed to constitute 9evie the
16

Committees for officials of KS-1B and belo

subject to

proviso that each 9evie member of the Committee&

Committee should include representative of SL0!G as a

B& 3he 9evie Committees should e(amine the cases referred to them, and the Committees ma" recommend retirement in the follo in* cases$(a) 2here t o or more penalties under the 0overnment Servants ('fficienc" L Giscipline) 9ules, 1456 have been imposed on a civil servant or an" other la for the time bein* in force& (b) 2here over all *radin* of the !C9s is !vera*e, and M or here reliabilit", output of ork and behavior ith the public ere recorded in the !C9s(dul" conve"ed to the concerned civil servant and his representation a*ainst it finali>ed, as per rules)& (c) 2here a civil servant is t ice recommenced for supersession b" Selection KoardMGPC and the recommendation of the Selection KoardMGPC is approved b" the competent authorit"& (d) 2here other specific and co*ent *rounds, includin* the follo in*, ma"

arrant retirement of a civil servant$(i) Persistent reputation of bein* corrupt& (ii) Possessin* pecuniar" resources andMor propert" etc& (iii) Fre:uent unauthori>ed absence from dut"& 5& 2here the 9evie Committee recommends retirement of a civil servant, specific reasons for doin* so should be *iven& 3he recommendation of the Committee should be submitted for the approval of the competent authorit"& %f the competent authorit" a*rees ith the recommendation of the Committee, a sho civil servant under sub-Section (-) of Section 16 of the Civil Servants !ct, 1456& !fter receipt of repl" to the sho authorit" shall take the final decision&
1.

cause notice shall be issued to the

cause notice

ithin 1. da"s b" the civil servant, the competent

!11';+9'-%
PROFORMA FOR REVIE4 OF SERVICE RECORD OF CIVIL SERVANTS* ON COMPLETION OF $6 5EARS ?UALIF5ING SERVICE FOR PENSION.

(1) 1ame (-) Gate of birth (6) 'ducational :ualification (.) 1ame of the postMdepartment (7) 1ame of the cadreM*roup or service (B) Gate of joinin* 0overnment service& (5) Getails of pre-service and in-service trainin* (?) Gate of promotion to the present post (4) Gate of completin* of -7 "ears service :ualif"in* for pension& (1/) Getails of service record& (a) S"nopsis of !C9 Near Everall assessment !ssessment made in the !C9 about

Ouantit" and output of ork %nte*rit" Fitness for promotion (a) (b) (c) 1-6 (b) Pen picture recorded in the !C9s durin* last five "ears& (c) Particulars of penalties imposed under the 0ovt& Servants ('fficienc" L Giscipline) 9ules, 1456$1o& and date of 1ame of Penalt" 0rounds of Penalt" Penalt" imposin* order
(!uthorit"; letter 1o&SE9-%(SL0!G).-16M?5, Gated 6/&11&-///)
17

St t(tor9 provision re2 r"in2 Appointment. Se tion : of Civil Servants " t, %&(0 - !ppointment to a civil service of the Province or to a civil post in connection prescribed manner b" the 0overnor or b" a person authorised b" the 0overnor in that behalf&
T3E NORT304EST FRONTIER PROVINCE CIVIL SERVANTS =APPOINTMENT* PROMOTION @ TRANSFER> RULES* +,8,.

ith the affairs of the Province shall be made in the

P!93-% GENERAL 1& S'ort tit#e n" commencement/ 0 (1) 3hese rules ma" be called the 1orth-2est Frontier Province Civil Servants (!ppointment, Promotion and 3ransfer) 9ules, 14?4& (-) 3he" shall come into force at once& -& Definitions/0(1) %n these rules, unless the conte(t other ise re:uires/0 (a) )!ppointin* !uthorit") in relation to a post, means the persons authori>ed under rule . to make appointment to that post; (b) )Kasic Pa" Scale) means the Kasic Pa" Scale for the time bein* sanctioned b" 0overnment, in hich a post or a *roup of posts is placed;

(c) )Commission) means the 1orth 2est Frontier Province Public Service Commission;
-4 (d)

)Gepartmental Promotion Committee) means a committee constituted for makin*

selection for promotion or transfer to such posts under a Gepartment, or offices of 0overnment, hich do not fall ithin the purvie of the Provincial Selection Koard;
6/

(dd))Gepartmental Selection Koard) means a Koard constituted for the purpose of

makin* selection for initial recruitment Mappointment to posts under a Gepartment or office of 0overnment in Kasic Pa" Scale 15 not fallin* ithin the purvie of the Commission$ Provided that more than one such committees ma" be constituted for civil servants holdin* different scales of pa")& (e) )Gepartmental Selection Committee) means a committee constituted for the purpose of makin* selection for initial appointment to posts under a department, or office of 0overnment @in Kasic Pa" Scale 15 and belo not fallin* ithin the purvie of the CommissionA; (f) )Post) means a post sanctioned in connection ith the affairs of the Province, but not allocated to all Pakistan +nified 0rades ; and
61(*)

CProvincial Selection Koard) means the Koard constituted b" 0overnment for the
b" Clause (d) of sub-rule (1) of 9ule - vide 1otification 1o& SE9-% (SL0!G) .-1M?/

purpose of selection of civil servants for promotion or transfer to posts in respect

-4 Substituted

(<ol-%%) dated 1.-/1-4-&

6/ Clause 61 Clause

(dd) added b" 1otification 1o& SE9-%%% (SL0!G) --5M?B, dated ?-1--144. (*) substituted b" 1otification 1o& SE9-%(SL0!G) .-1M?/M%%, dated 1.-/1-144-&

1B

hereof the appointin* authorit" under rule . is the Chief #inister and shall consist of such persons as ma" be appointed to it b" 0overnment from time to time& (-) 2ords and e(pressions used but not defined in these rules shall have the same meanin*s as are assi*ned to them in the 1orth-2est Frontier Province Civil Servants !ct,1456(1&2&F&P act ;<%%% of 1456) or an" other statutor" order or rules of 0overnment for the time bein* in force& 6& Met'o" of Appointment/0 (1) !ppointment to posts shall be made b" an" of the follo in* methods, namel"/0 (a) b" promotion or transfer in accordance ith the provisions contained in Part-%%

of these rules; and (b) b" initial recruitment in accordance ith the provisions contained in Part-%%% of these rules& (-) 3he method of appointment, :ualifications and other conditions applicable to a post shall be such as laid do n b" the Gepartment concerned in consultation ith the Services and 0eneral !dministration Gepartment and the Finance Gepartment& .& Appointin2 A(t'orit9/0 3he authorities competent to make appointment to posts in various basic pa" scales shall be as follo s/0 S.No. A Posts A BBBBBBBBBAppointin2 A(t'orit9BBBBBBBBB
6-

1& (a) Posts in Kasic Pa" Scale 1? Chief #inister

and above includin* posts in Kasic Pa" Scale 15 borne on an" of the follo in* services; (i) Former Provincial Civil Service ('(ecutive Kranch); (ii) Former Provincial Civil Service (Fudicial Kranch); and (iii)Provincial Civil Secretariat Service& (b) Posts in Kasic Pa" Scale 15 Chief Secretar" other than those covered b"(a) above& -& Posts in Kasic Pa" Scale 1B& (a) %n the case of Secretariat of the 0overnment of 12FP, the Chief Secretar"& (b) %n case of 8i*h Court, the Chief Fustice; and (c) %n the case of !ttached Gepartment$
6- Substituted

b" 1otification 1o& SE9-%(SL0!G).-1M57M<ol-%, dated ---/?-1441&

15

(i) the 8ead of !ttached Gepartment concerned; and (ii) %n an" other case the Secretar" of the Gepartment concerned& 6& Posts in Kasic Pa" Scales 6 to 17& (a) %n the case of civil Servants borne on ministerial establishment of Civil Courts subordinate to 8i*h Court, the officer authori>ed as such b" the Chief Fustice; and (b) %n other cases (i) an officer declared under the relevant Gele*ation of Po ers 9ules, hich shall to this e(tent be deemed as operative; or (ii) 2here no such appointin* authorit" has been declared, the Secretar" to 0overnment or the 8ead of an !ttached GepartmentM Effice, as the case ma" be& .& Posts in Kasic Pa" Scale 1 and -& Geput" Secretar" inchar*e of !dministration or office, as the case ma" be& 7& 66Dep rtment # Promotion @ Se#ection CommitteeC;o r" - (1) %n each Gepartment or office of 0overnment there shall be one or more Gepartmental Promotion Committee and Gepartmental Selection Committee Koard), the composition of !dministration Gepartment or the Gepartment in consultation !dministration Gepartment& (-) 'ach such Committee (or the Koard, as the case ma" be), shall consist of at least three members, one of hom shall be appointed as Chairman& ith the Services and 0eneral hich shall be determined b" the Services and 0eneral
6.

(or, as the case ma" be, Gepartmental Selection

67

B& Proce"(re :'en recommen" tion is not ccepte"/0 2hen an appointin* authorit"

for Kasic Pa" Scale 15 or belo does not accept the recommendation of a Gepartmental Promotion or Selection Committee, or the Gepartmental Selection Koard, as the case ma" be, it shall record its reasons and obtain order of the ne(t hi*her authorit"&
66 3he 6. 3he

headin* of rule 7 substituted b" 1otification 1o& SE9-%(SL0!G)--5M?B, dated ?-1--144.& ords inserted b" 1otification 1o& SE9-%%%(SL0!G)--5M?B, dated ?-1--144. substituted b" 1otification 1o& SE9-%%%(SL0!G)--5M?B, dated ?-1--144.

67 9ule-B

1?

P!93-%% APPOINTMENT ;5 PROMOTION OR TRANSFER 5& Appointment )9 Promotion or Tr nsfer. 6B(1) '(cept as other ise provided in an" service rules for the time bein* in force, appointment b" promotion or transfer to posts in respect hereof the appointin* authorit" under rule . is the Chief #inister shall ordinaril" be made on the recommendation of the Provincial Selection Koard and promotion and transfer to posts other than those fallin* ithin the purvie of the Provincial Selection Koard shall ordinaril" be made on the recommendation of appropriate Gepartmental Promotion Committee)& (-) !ppointment b" transfer shall be made from amon*st the persons holdin* appointment on re*ular basis in the same basic pa" scale, in e(ist& (6) Persons possessin* such :ualifications and fulfillin* such conditions as laid do n for the purpose of promotion or transfer to a post shall be considered b" the Gepartmental Promotion Committee or the Provincial Selection Koard for promotion or transfer, as the case ma" be& (.) 1o promotion on re*ular basis shall be made to posts in Kasic Pa" Scale 1? to -1 unless the officer concerned has completed such minimum len*th of service as ma" be specified from time to time& ?& Inter0Provinci # Tr nsfer/0(1) Persons holdin* appointment in KPS 1 to 17 under Federal 0overnment and other Provincial 0overnment ma", in deservin* cases, be hich the posts to be filled,

transferred to e:uivalent posts under these rules/0 Provided that/0 (i) the Federal 0overnment or the 0overnment of the Province concerned, as the case ma" be, has no objection to such a transfer; (ii) the person seekin* transfer possesses the re:uisite :ualification and e(perience and the post to hich his transfer is intended can, under the rules, be filled b" transfer; (iii) the person concerned holds appointment to the post in his parent Gepartment on re*ular basis; (iv) the person concerned is a bona fide resident of the 1orth-2est Frontier Province& (v) a vacanc" e(ists to accommodate the re:uest for such a transfer; and$ (vi) Provided further that in most deservin* cases, the merit of hich shall be determined on case to case basis and the decision of the Competent !uthorit" in that behalf shall be final, 0overnment ma" allo transfer of a civil servant in KPS-1B and above, subject to the aforesaid conditions& (-) ! person so transferred shall be placed at the bottom of the cadre stren*th hich he joins for the purpose of determinin* his seniorit" vis-P-vis other members borne on the cadre&
6B Sub

rule (1) substituted b" 1otification 1o& SE9-%(SL0!G).-1M?/M%%, dated 1.-/1-144-&

14

(6) %t ill be the sole discretion of the appointin* authorit" to accept or refuse a re:uest for transfer under this rule and an" decision made in this behalf shall be final and shall not be :uoted as precedence in an" other case& 4& Appointment on Actin2 C' r2e or c(rrent C' r2e ; sis& (1) 2here the appointin* authorit" considered it to be in the public interest to fill a post reserved under the rules for departmental promotion and the most senior civil servant belon*in* to the cadre or service concerned, of service the authorit" ma" appoint him to that post on actin* char*e basis; ho is other ise eli*ible for promotion, does not possess the specified len*th

65

Provided that no such appointment shall be made, if the prescribed len*th of service

is short b" more than 6?@three "earsA& (-) So lon* as a civil servant holds the actin* char*e appointment, a civil servant junior to him shall not be considered for re*ular promotion but ma" be appointed on actin* char*e basis to a hi*her post& (6) %n the case of a post in Kasic Pa" Scale 15 and above, reserved under the rules to be filled in b" initial recruitment, here the appointin* authorit" is satisfied that no suitable officer dra in* pa" in the basic scale in hich the post e(ists is available in that cate*or" to fill the post and it is e(pedient to fill the post, it ma" appoint to that post on actin* char*e basis the most senior officer other ise eli*ible for promotion in the or*ani>ation, cadre or service, as the case ma" be, in e(cess of the promotion :uota& (.) !ctin* char*e appointment shall be made a*ainst posts hich are likel" to fall vacant for period of si( months or more& !*ainst vacancies occurrin* for less than si( months, current char*e appointment ma" be made accordin* to the orders issued from time to time& (7) !ppointment on actin* char*e basis shall be made on the recommendations of the Gepartmental Promotion Committee or the Provincial Selection Koard, as the case ma" be& (B) !ctin* char*e appointment shall not confer an" vested ri*ht for re*ular promotion to the post held on actin* char*e basis& P!93-%%% INITIAL APPOINTMENT 1/& Appointment )9 Initi # Recr(itment /0(1) %nitial appointment to posts 64@in various basic pa" scalesA shall be made(a) if the post falls ithin the purvie of the Commission, on the basis of '(amination or test to be conducted b" the Commission; or
65 Full

stop at the end of 9ule 4 (1) replaced ith colon and proviso added b" 1otification 1o& SE9-%

(SL0!G).-1M?/M<ol-%%, dated -/-1/-1446&

6? 3he 64 3he

ords one "ear substituted b" 1otification 1o& SE9-%(SL0!G).-1M?/M%%%, dated 1.&6&4B&
ords in basic pa" scale-1B to -1 substituted b" 1otification 1o& SE9-%(SL0!G)1-115M41 (C), dated

1--1/-1446& -/

(b) if the post does not fall ithin the purvie of the Commission, in the manner as ma" be determined b" 0overnment&
./

(-) %nitial recruitment to posts hich do not fall ithin the purvie of the

Commission shall be made on the recommendation of the Gepartmental Selection Committee, after vacancies have been advertised in ne spapers&
.1

Provided that nothin* contained in this sub-rule shall appl" to the household staff of

the Chief #inister 8ouse Pesha ar, Frontier 8ouse %slamabad, Frontier 9est 8ouses Kannu, S at and !bbottabad, Frontier 8ouse 1athia 0alli and Shahi #ehman Qhana, Pesha ar and an" other 8ouse to be established b" the 0overnment$
.-

Provided further that the appointment in Kasic Pa" Scale-1 to . shall be made on @or, here in a Gistrict, the office of the

the recommendations of the Gepartmental Selection Committee throu*h the Gistrict 'mplo"ment '(chan*e concerned, 'mplo"ment '(chan*e does not e(ist, after advertisin* the posts in the leadin* ne spapersA ..@ A (6) ! candidate for initial appointment to a post must possess the educational :ualification or technical :ualifications and e(perience and e(cept as provided in the rules framed for the purpose of rela(ation of a*e limit, must be do n for the post, provided that(i) .7 here recruitment is to be made on the basis of ritten e(amination, then, not ithstandin* an"thin* to the contrar" contained in an" other rules for the time bein* inforce, a*e shall be reckoned on 1st Fanuar" of the "ear in hich the e(amination is proposed to be held; (ii) in other cases as on the last date fi(ed for submission of applications for ithin the a*e limit as laid
.6

appointment&
.B(.)

2here a civil servant dies durin* service, then not ithstandin* the procedure

provided for in sub-rule (-), the appointin* authorit" ma" appoint one of the children of such civil servant, or if the child has not attained the a*e prescribed for appointment in 0overnment service, the Scales 1 to 17$ Provided that the child or the ido , as the case ma" be, possesses the minimum :ualification prescribed for appointment to the post$ Provided further that if there are t o ido s of the deceased civil servant, preference shall be *iven to the elder ido $ Provided also that the appointment under this sub-rule is subject to availabilit" of a vacanc" and if more than one vacancies in different pa" scales is available at a time, and the child or the ido , as the case ma" be, possesses the :ualifications makin* him or her
./ Sub

ido

of such civil servant, to a post in an" of the Kasic Pa"

rule (-) of 9ule-1/ substituted b" 1otification 1o& SE9-%(SL0!G) 1-115M41 (C), dated 1--1/-1446&

.1 Proviso .- Proviso

added vide 1otification 1o& SE9-<%('L!G)1-6M-//6 (<%) dated /6-/5--//6& added vide 1otification 1o& SE9-<%('L!G)1-6M-//6 (<%) dated 1B-/6--//. added in the Proviso vide 1otification 1o& SE9-<%('L!G)1-6M-//6 (<%) dated -6-/1--//B& in sub- rule (-) of 9ule 1/ as deleted vide 1otification 1o& SE9-<%('L!G)1-6M-//?

.6 Sentence

.. -nd Proviso

dated /4-/7--//? and added a*ain vide 1otification 1o& SE9-<%('L!G)1-6M-//? dated /6-11--//?&
.7 Clause .B Sub

(i) substituted vide 1otification 1o& SE9-%(SL0!G).-1M?/, dated 15-7-14?4&

rule (.) substituted vide 1otification 1o& SE9-<% ('L!G)1-6M/6M%%, dated /7-/4--//B&

-1

eli*ible for appointment in more than one post, heMshe shall ordinaril" be appointed to the post carr"in* hi*her pa" scale&
.5(7)

1ot ithstandin* an"thin* contained in an" rule for the time bein* in force, t o

percent of all posts in each basic pa" scale to be filled in b" initial recruitment shall be reserved for disabled candidates and ten percent of all posts meant for initial recruitment shall be reserved for female candidates$ '(planation-%---For the purpose of reservation under this sub-rule )disabilit") does not

include such disabilit" of a disabled candidate&

hich hampers in the smooth performance of the duties re:uired

'(planation-%%---3en per cent :uota reserved above shall be in addition to the posts e(clusivel" reserved for female candidates&
.?(B)

1ot ithstandin* an"thin* contained in an" rule for the time bein* in force, five

per cent of all posts in each basic pa" scale to be filled in b" initial recruitment shall be reserved for candidates hailin* from earth:uake affected areas of Gistrict #ansehra, Katt*ram, Shan*la, Qohistan and !bbottabad (Calamit" hit area) for a period of three "ears commencin* from %st Februar", -//B&
.4(5)

1ot ithstandin* an"thin* contained in an" rule for the time bein* in force, /&7

percent of all the posts in each basic pa" scale to be filled in b" initial recruitment shall be reserved for candidates belon*in* to minorities in addition to their participation in the open merit$ Provided that, the reservation shall not appl" toJ (i) the percenta*e of vacancies reserved for recruitment on merit; (ii) short term vacancies likel" to last for less than one "ear; and (iii) isolated posts in hich vacancies occur onl" occasionall"& 11& E#i2i)i#it9. (1) ! candidate for appointment shall be a citi>en of Pakistan and bona fide resident of the 1orth-2est Frontier Province& Provided that for reasons to be recorded in ritin*, 0overnment ma", in a particular case, rela( this restriction&
7/

@ (-) A

(6) 1o person, not alread" in 0overnment service, shall be appointed to a post unless he produces a certificate of character from the principal, academic officer of the academic institution last attended and also certificates of character from t o responsible persons, not bein* his relatives, antecedents& ho are ell ac:uainted ith his character and

(.) 1ot ithstandin* an"thin* contained in sub-rule (6), an appointment b" initial recruitment shall be subject to the verification of character and antecedents of the candidate or the person appointed, to the satisfaction of appointin* authorit"&
.5 Sub .? Sub .4 Sub 7/ Sub

rule (7) substituted vide 1otification 1o& SE9-<% ('L!G)1-1/M/6 (<%), dated /.-1---//5& rule (B) inserted vide 1otification 1o& SE9-<%('L!G)1-6M/6 (<%), dated /1-/---//B rule (5) added vide 1otification 1o& SE9-<%('L!G)1-6M/?, dated /B-/1--//4 rule (-) of rule-11 deleted vide 1otification 1o& SE9-<%('L!G)1-6M/?, dated 15-/B--//?

--

(7) 1o candidate shall be appointed to a post unless he is found, after such medical e(amination as 0overnment ma" prescribe, to be in *ood mental and bodil" health and free from ph"sical defect likel" to interfere in the efficient dischar*e of his duties& 1-& Don # provided in an" rule for the time bein* in force, initial recruitment to posts in Kasic Pa" Scales 1B and 15 and other posts in Kasic Pa" Scales 6 to 17 borne on Provincial cadre shall be made in accordance ith the Ronal :uota specified b" 0overnment from time to time$
71

n" Division # represent tion/ 0 (1) '(cept as other ise specificall"

Provided that initial recruitment to the post of Civil Fud*eMFudicial #a*istrateM!lla:a

Oa>i (KPS-1?) shall also be made in accordance ith the >onal :uota specified b" the 0overnment from time to time& (-) %nitial recruitment to posts in Kasic Pa" Scales 6 to 17 borne on divisional or district cadre shall be made from amon*st bona fide residents of the division or district concerned, as the case ma" be& (6) %nitial recruitment to posts in Kasic Pa" Scales 1 and - or e:uivalent shall ordinaril" be made on local basis& P!93-%< AD 3OC APPOINTMENT 16& ReE(isition to Commission/02hen under an" rule for the time bein* in force, a post is re:uired to be filled in throu*h the Commission, the appointin* authorit" shall for ard a

re:uisition on the prescribed form to the Commission immediatel" after it is decided to fill in the post, or if that is not practicable and the post is filled on ad hoc basis as provided in rule 1., ithin t o months of the fillin* of the post& 1.& A" 'oc Appointment/0(1) 2hen the appointin* authorit" considers it to be in the public interest to fill in a post fallin* ma", pendin* nomination of a candidate b" the Commission, proceed to fill in such post on ad hoc basis for a period not e(ceedin* 7-@one "earA b" advertisin* the same in accordance the procedure laid do n for initial appointment in Part-%%% of these rules& (-) Short term vacancies in the posts fallin* ithin the purvie of the Commission and vacancies occurrin* as a result of creation of temporar" posts for a period not e(ceedin* throu*h the Commission on a purel" temporar" basis after advertisin* the vacanc"&
71 Proviso 7- 3he

ithin the purvie

of the Commission ur*entl", it

ith

76

@one "earA, ma" be filled in b" appointin* authorit" other ise than

to rule-1- added vide 1otification 1o& SE9-<%('L!G)1--5M/?, dated /6-/5--//?

ords si( months replaced ith the ords one "ear vide 1otification 1o& SE9-<%('L!G)1-6M/?, ords si( months replaced ith the ords one "ear vide 1otification 1o& SE9-<%('L!G)1-6M/?,

dated 15-/1--//4&
76 3he

dated 15-/1--//4&
-6

P!93-< PRO;ATION AND CONFIRMATION

7.

+6& Pro) tion. ----- (1) Persons appointed to posts b" initial recruitment, promotion or

transfer shall be on probation for a period of one "ear& (-) 3he appointin* authorit", if considers necessar", ma" e(tend the probation period for one "ear as ma" be specified at the time of appointment& (6) En the successful completion of probation period, the appointin* authorit"

shall, b" specific order, terminate the probation$ Provided that if no specific order is issued on the e(pir" of the first "ear of probation period, the period of probation shall be deemed to have been e(tended under sub-rule (-)$ Provided further that if no specific order is issued on the e(pir" of the e(tended period of probation, the period of probation shall be deemed to have been successfull" completed& 1B& Confirm tion/0!fter satisfactor" completion of the probationar" period, a civil servant shall be confirmed; provided that he holds a substantive post, provided further that a civil servant shall not be deemed to have satisfactoril" completed his period of probation, if he has failed to pass an e(amination, test or course or has failed to complete successfull" a trainin* prescribed ithin the meanin* of sub-section (6) of Section B of the 1orth 2est Frontier Province Civil Servants !ct, 1456& P!93-<% SENIORIT5 15& Seniorit9 /0( 1) the seniorit" inter se of civil servants 77(appointed to a service, cadre or post) shall be determined/0 (a) in the case of persons appointed b" initial recruitment, in accordance ith the order of merit assi*ned b" the Commission 7B@or as the case ma" be, the Gepartmental Selection Committee;A provided that persons selected for appointment to post in an earlier selection shall rank senior to the persons selected in a later selection; and (b) in the case of civil servants appointed other ise, ith reference to the date of their continuous re*ular appointment in the post; provided that civil servants selected for promotion to a hi*her post in one batch shall, on their promotion to the hi*her post, retain their inter se seniorit" as in the lo er post& E1p# n tion0I/0 %f a junior person in a lo er post is promoted to a hi*her post temporaril" in the public interest, even thou*h continuin* later permanentl" in the hi*her
7. 9ule-17

substituted vide 1otification 1o& SE9-<%M'L!GM1-6M-//4M<ol-<%%% dated 1B----/1/&

77 Substituted

for the ords appointment to a post in the same basic pa" scale in a cadre b" 1otification

1o& SE9-%(SL0!G).-1M?/, dated 15-/7-14?4&

7B 3he

ords inserted b" 1otification 1o& SE9-%(SL0!G).-1M?/M%%, dated /.-/--144B&

-.

post, it the

ould not adversel" effect the interest of his seniors in fi(ation of his seniorit" in

hi*her post& E1p# n tion0II/0 %f a junior person in a lo er post is promoted to a hi*her post b" supersedin* a senior person and subse:uentl" that senior person is also promoted the person promoted first shall rank senior to the person promoted subse:uentl"; provided that junior person shall not be deemed to have superseded a senior person if the case of the senior person is deferred for the time bein* for for an" other reason not attributin* to his fault or demerit& E1p# n tion0III/0 ! junior person shall be deemed to have superseded a senior person onl" if both the junior and the senior persons and the junior person as appointed in preference to the senior person& (-) Seniorit" in various cadres of civil servants appointed b" initial recruitment vis-P-vis those appointed other ise shall be determined their re*ular appointment to a post in that cadre; provided that if t o dates are the same, the person appointed other ise shall rank senior to the person appointed b" initial recruitment&
75

ant of certain information or for incomplete record or

ere considered for the hi*her post

ith reference to the dates of

(6) %n the event of mer*erMrestructurin* of the Gepartments, !ttached

Gepartments or Subordinate Effices, the inter se seniorit" of civil servants affected b" the mer*erMrestructurin* as aforesaid shall be determined in accordance ith the date of their re*ular appointment to a cadre or post&
7?(.

) 3he inter-se-seniorit" of civil servants in a certain cadre to hich promotion

is made from different lo er posts, carr"in* the same pa" scale shall be determined from the date of re*ular appointmentMpromotion of the civil servants in the lo er post& Provided that if the date of re*ular appointment of t o or more civil servants in the lo er post is the same, the civil servant older in a*e, shall be treated senior& +8. Gener # R(#es/ 0 %n all matters not e(pressl" provided for in these rules, civil servants shall be *overned b" such rules as have been or ma" hereafter be prescribed b" 0overnment and made applicable to them& +,. Repe #/0 3he 1orth-2est Frontier Province Civil Servants (!ppointment, Promotion and 3ransfer) 9ules, 1457, are hereb" repealed&
75 Sub-rule 7? Sub-rule

(6) of 9ule 15 added vide 1otification 1o& SE9-%('L!G).-1M?/M%<, dated -?-7--//-& (.) of 9ule 15 added vide 1otification 1o&SE9-<% ('L!G) 1-6C-//? dated 14th

1ovember, -//4&
-7

Appointment )9 tr nsfer. % am directed to sa" that rule 5 of the 12FP Civil Servants (!ppointment, Promotion and 3ransfer) 9ules, 14?4, provides that appointment b" transfer to posts should be made$(1) to posts in KPS-- to 1B on the recommendations of the appropriate Gepartmental Promotion Committee; (-) to posts in KPS-15 and above on the recommendations of the Provincial Selection Koard; and (6) from amon*st the persons possessin* :ualifications and other conditions prescribed for the posts and holdin* appointment on re*ular basis in the same basic pa" scale in hich the posts to be filled e(ist& %t has been brou*ht to notice that in some of the departments, appointment b" transfer is also made in cases relevant serviceMrecruitment rules& % am accordin*l" directed to clarif" that the above provisions re*ardin* appointment b" transfer are applicable in onl" those cases here the appointment b" transfer is specificall" provided for in the relevant serviceMrecruitment rules or in the method of here no provision for appointment b" transfer e(ists in the

appointment, :ualification etc laid do n for each post under sub-rule (-) of rule 6 of the aforesaid rules&
(!uthorit"; 1o&SE9%(SL0!G).-1M?/, dated 16th #a", 14?4)
-B

T3E NORT304EST FRONTIER PROVINCE INITIAL APPOINTMENT TO CIVIL POSTS =RELAFATION OF UPPER AGE LIMIT> RULES* $&&8 P"3T ; ) GENE3"< 1& (1) 3hese rules ma" be called the %nitial !ppointment to Civil Posts (9ela(ation of +pper !*e ,imit) 9ules, -//?& (-) 3hese shall come into force ith immediate effect& S-(1) 1othin* in these rules shall appl" to the appointment in KS-15 and the posts of Civil Fud*e-cum-Fudicial #a*istrateM%lla:a Oa>i, KPS-1? to be filled throu*h the competitive e(amination of the Public Service Commission, in rela(ation shall be allo ed to; (a) 0overnment servants ith a minimum of - "earsH continuous service; (b) Gisabled persons; and (c) Candidates from back ard areas& S-(-) For appointment to the post of Civil Fud*e-Cum-Fudicial #a*istrateM%lla:a Oa>i, the period hich a Karrister or an !dvocate of the 8i*h Court and Mor the Courts subordinate thereto or a Pleader has practiced in the Kar, shall be e(cluded for the purpose of upper a*e limit subject to a ma(imum period of t o "ears from hisMher a*e& P"3T ; )) GENE3"< 3E<"="T)5N 6& #a(imum a*e limit as prescribed in the recruitment rules shall be rela(ed in respect of the candidates mentioned in column - to the e(tent mentioned a*ainst each in column 1o&6 of hich case t o "earsH optimum

the 3able belo $S#. No. C te2or9 of c n"i" tes A2e re# 1 tion "missi)#e 1-6 i& 0overnment Servants ho have completed - "earsH continuous service +pto ten "ears automatic rela(ation ii& Candidates belon*in* to back ard areas as specified in the !ppendi( attached here ith& 3hree "ears automatic rela(ation iii& 0eneral candidates +pto t o "ears b" the appointin* authorit" and e(ceedin* t o "ears upto five "ears b" the 'stablishment Gepartment
TTTTTTTTTTTTTTTTTTTTTTTTT S!dded vide 1otification 1o& SE'-%%%M'L!GM--1M-//5, dated /6rd #arch, -//?
-5

iv& 2ido or son or dau*hter of a deceased civil servant ho died durin* service and SSson Mbrother in case of a Shaheed of Police Gepartment; and Giscretion of the appointin* authorit" v& Gisabled personsMSSdivorced omenM ido & 3en "ears automatic rela(ation SSSvi& (i)(a) 'mplo"ees or e(-emplo"ees of development projects of the 0overnment of Qh"ber Pakhtunkh a; and (b) 'mplo"ees or e(-emplo"ees of development projects of the Federal 0overnment under the administrative control of the 0overnment of Qh"ber Pakhtunkh a& ':ual to the period served in the projects, subject to a ma(imum limit of ten "ears& CProvided that the a*e rela(ation at serial 1o&vi above shall not be availed in conjunction an" other provisions of these rulesD& ith

(ii) %n case of divorced applicant

oman or

ido , the follo in* certificates shall be produced b" the

at the time of appl"in* for a*e rela(ation; (a) %n case of ido , death certificate of husband& (b) %n case of divorced oman, divorce certificate from the Gistrict Coordination Efficer of the Gistrict concerned& (c) Certificate from the Gistrict Coordination Efficer of the Gistrict concerned to the fact that the applicant hether divorced or ido has not remarried at the time of submittin* application&

.& ! candidate shall onl" be allo ed rela(ation in a*e in one of the cate*ories specified in rule 6; Provided that the candidates from back ard areas, in addition to automatic rela(ation of three "ears under cate*or" (ii) specified in rule 6, shall be entitled to one of the rela(ations available to 0overnment servants, *eneral or disabled candidates, is relevant and applicable to them& 7& 3he a*e rela(ation under cate*or" (iii) specified in rule 6, shall be subject to$ (a) full justification in support of the proposal; and (b) a certificate to the effect that no eli*ible candidates ithin the prescribed a*e limits areM ere available& 3he certificate shall be provided b" the concerned Gepartments&
TTTTTTTTTTTTTTTTTTTTTTTTTTTTT SS!mended vide 1otification 1o&SE'-%%%('L!G)--1M-//5, dated /4th Gecember, -/1/ SSS!dded vide 1otification 1o& 1o&SE'-%%%('L!G)--1M-//5, dated -4th Fanuar", -/11
-?

hichever

B& !*e rela(ation in respect of overa*e candidates shall be sou*ht prior to their appointment& 5& For the purposes of these rules, a*e of a candidate shall be calculated from the closin* date of submission of applications for a particular post& ?& 3he cases of a*e rela(ations, be"ond the competence of !dministrative Gepartments, shall be sent to the 'stablishment Gepartment throu*h the !dministrative Gepartment

concerned& 4& !ll e(istin* instructions, relatin* to a*e rela(ation, issued from time to time shall stand superseded& APPENDIF @ See 9ule 6(ii) A (i) Qh"ber !*enc" (ii) Qurram !*enc" (iii) Erak>ai !*enc" (iv) #ohmand !*enc" (v) 1orth 2a>iristan !*enc"& (vi) South 2a>iristan !*enc"& (vii) #alakand !*enc" includin* protected areas (S at 9ani>ai and Sam-9ani>ai) and Kajaur& (viii) 3ribal !reas attached to Pesha ar, Qohat and 8a>ara Givision (i() 3ribal !reas attached to G&%& Qhan and Kannu Gistricts& (() Shirani !rea& ((i) #er*ed !reas of 8a>ara and #ardan Givision and upper 3ana al& ((ii) S at Gistrict ((iii) +pper Gir Gistrict& ((iv) ,o er Gir Gistrict& ((v) Chitral Gistrict& ((vi) Kuner Gistrict& ((vii) Qala Ghaka !rea& ((viii) Qohistan Gistrict& ((i() Shan*la Gistrict& ((() 0adoon !rea in S abi Gistrict& (((i) Kack ard areas of #ansehra and Gistrict Katt*ram& (((ii) Kack ard areas of 8aripur Gistrict, i&e& Qalanjar Field Qanun*o Circle of 3ehsil 8aripur and !ma>ai Field Qanun*o Circle of 3ehsil 0ha>i&
(!uthorit" 1o& SE'-%%%('L!G)--1M-//5, Gated 1st #arch, -//?)
-4

VIOLATION OF AGE0LIMIT POLIC5.

% am directed to refer to the subject noted above and to state that accordin* to instructions contained in the 'stablishment Gepartment 1otification 1o&SE9%(SL0!G).-1M?/-<ol%%%, dated 1--B-1444 follo in* amendment rules b" all the Gepartments$CFor the e(istin* ma(imum a*e limit of C-7 "earsD and C-? "earsD, herever occurrin*, the ords and fi*ures C6/ "earsD and 6- "earsD shall be respectivel" substitutedD& -& Complaints are bein* received from the various :uarters that the above instructions have not been complied ith b" the departments so far& #a(imum a*e limits prescribed in Service 9ules of various departments is still bein* follo ed, as a result of availin* benefit& 6& % am directed to re:uest that instructions on the aforementioned statutor" provisions re*ardin* ma(imum a*e limit ma" kindl" be complied for perusal of the Chief Secretar" 12FP at the earliest&
(!uthorit"; letter 1E& SE9&<% ('L!G)1-1/M-//7-<ol$%< Gated -.th Ful" -//B)&
6/
74

ere re:uired to be carried out in the relevant Service

hich applicants are not

ith and report ma" be furnished

Recr(itment Po#ic9 for t'e Provinci # services.

(a) 9ecruitment to posts in KPS-1B and above as ell as the posts of !ssistant Sub%nspectors of Police, 1aib 3ehsildars, Rilladars and Sub-'n*ineers ill continue to be made throu*h the 12FP Public Service Commission& 8o ever, the Commission ma" make efforts to finali>e the recruitment ithin si( months of the receipt of the re:uisition dul" completed from the !dministrative Gepartment& (b) 9ecruitment to posts in the various 0overnment Gepartments as indicated belo ill also henceforth be made b" the 12FP Public Service Commission/0 (i) A## Dep rtments inc#("in2 ;o r" of Reven(e* N4FP0 (1) Senior Scale Steno*rapher(K-17) (-) Gata Processin* Supervisor(K-1.)

(6) Funior Scale Steno*rapher(K-1-) (.) !ssistant (K-11)B/ (7) Graftsman(K-11) (ii) ;o r" of Reven(e0 (1) Sub-9e*istrar(K-1.) (-) '(cise and 3a(ation %nspector(K-11) (iii) 3ome @ Tri) # Aff irs Dep rtment (a) Police Gepartment; (1) Prosecutin* Sub-%nspector (K-1.) (b) %nspectorate of Prisons$ (1) !ssistant Fail Superintendent (K-11) (c) 9eclamation and Probation Gepartment; (1) ParoleMProbation Efficer(K-11) =iv> In"(stries* Commerce* Miner # Deve#opment* L )o(r n" Tr nsport Dep rtment0 (a) Girectorate of %ndustries$ (1) !ssistant %ndustrial Gevelopment EfficerM !ssistant Price Stabili>ation Efficer(K-11) (-) 9o"alt" %nspector(K-11) (6) Surve"or(K-11) (b) Girectorate of #anpo er and 3rainin*$ (1) %nstructor 3&3&C(K-1.)
74 %ssued B/ 3he

vide &SL0!G letter 1o&SE9&% (SL0!G)1-115M41(C), dated 1-&1/&1446&

post of !ssistant has no been placed in KS-1. universall"

61

=v> Cooper tive Societies/ (1) %nspector(K-11) =vi> Comm(nic tion n" 4or!s Dep rtment0 (1) !ssistant !rchitectural Graftsman(K-1.) (-) Senior Graftsman(K-16) =vii> P()#ic 3e #t' En2ineerin2 Dep rtment0 (1) #otivation Efficer(K-17)

(-) !ssistant #otivation Efficer(K-1.) (6) ,ad" 8ealth 'ducator (K-1-) =viii> E#ectric Inspector te/0 (1) Sub-%nspector(K-11) =i1> Foo" Dep rtment0 (1) !ssistant Food Controller(K-?) (-) Food 0rain %nspector(K-B) =1> Director te of Arc'ives n" Li)r ries0 (1) Preservation !ssistant (K-11) (-) Catalo*uer M Classifier (K-11) (c) %nitial recruitment to posts in KPS-17 and belo other than the posts in the purvie of the Public Service Commission, in all the departments shall continue to be made in accordance ith 9ule 1/,11 and 1- (Part-%%%) of the 12FP Civil Servants (!ppointment, Promotion and 3ransfer) 9ules,14?4, the criteria as laid do n in SL0!G letter 1o&SE9%(SL0!G).-1M57,dated 11&-&14?5 and the >onal allocation formula contained in SL0!G 1otification 1E&SES&%%%(SL0!G)6-64M5/, dated -&1/&1456 as amended from time to time& (d) 1o ad hoc appointment a*ainst an" post in an" pa" scale shall be made& N.;/ @ad hoc appointment is no allo ed under the 12FP Public Service Commission Erdinance 145? and the 12FP (!ppointment, Promotion L 3ransfer) 9ules 14?4 for a period of one "earA (e) B1GHHHHH.I
B1&

Sub para-e and other entries under it relatin* to a*e rela(ation ere superseded b" the 12FP %nitial

!ppointment to Civil Posts (9ela(ation of upper !*e ,imit) 9ules, -//?&

6-

(f) 3he 9e*ionalMRonal :uota if not filled ill be carried for ard till suitable candidates are available from the 9e*ionMRone concerned& 1o )Substitute) recruitment shall be made& '(istin* backlo*, if an", in respect of an" >one ill not be carried for ard and the Commission shall take a fresh start in respect of all posts under its purvie & 8o ever, this condition ill not be applicable in respect of posts hich have alread" been advertised b" the 12FP Public Service Commission&
B-

%n case female candidates ith prescribed :ualification do not become available in

Rone-% after advertisin* at least three times, such vacanc"M vacancies shall be advertised fourth time for #erit Ouota& (*) 3he vacancies in all the Gepartments shall be advertised in leadin* ne spapers on
B6

(Sunda")&3he advertisement in electronic media should be to the e(tent of dra in*

attention of all concerned to the relevant ne spapers in hich the vacancies are advertised& (h) %nitial 9ecruitment to all the vacant posts shall be made on re*ular kno n periodic intervals in Februar" and !u*ust each "ear after proper advertisement throu*h electronic and nationalMre*ional media& !fter advertisement, a minimum period of 6/ da"s should be allo ed for receipt of applications& B.G I (i) (Geleted)&
B7

(j) i) -U :uota for disabled persons alread" fi(ed shall stand and should be enforced

strictl"& ii) 1/U :uota has also been fi(ed for female candidates in all the Provincial services hich are filled up throu*h initial recruitment in addition to their participation in the open merit& 8o ever, it shall not be applicable to cadres e(clusivel" reserved for females& 3he vacancies reserved for omen for hich :ualified omen candidates are not available shall be carried for ard and filled b" omen& iii) 3he above orders shall also appl" to initial appointments in all autonomousMsemi-autonomous bodiesM corporations etc hich are administrativel" controlled b" the Provincial 0overnment& iv) 3he Commission shall revise the 9e:uisition Form for all such posts for specif"in* the omenHs :uota in the available vacancies and the !dministrative Gepartment shall intimate the :uota for the omen in the 9e:uisition Form accordin*l"& v) 3he above reservation shall not appl" to$F the per enta+e of va an ies reserved for re ruitment on the basis of merit> F Short term va an ies li/ely to last for less than si? months> and F )solated posts in whi h va an ies o ur only o asionally>
B- 'ntr"

added at the end of sub-para (f) vide 1o SE9-%(SL0!G)1-115M41 (C), -6-/7--///&

B6 3he B.

ords CFrida"D substituted in para(*) b" 1otification 1o& SE9-%(SL0!G)1-115M41 (C), ---11-45 aitin* list of eli*ible candidates shall be maintained for a period of si(

,ast sentence of sub-para (h) i&e& C!

monthsD as deleted vide circular 1o& SE9-<% ('L!G)1-1/M/7 (%<), dated 61-1---//?& Sub-Para-F substituted vide circular 1o& SE9-<% ('L!G)1-1/M/7 (%<), dated -7-/5--//5&
B7 3he

one percent substituted b" 1otification 1o&SE9&%(SL0!G).-1M?/, <ol&%%% dated 14&-&1444

66
BB

(FF) /&7 per cent :uota has been fi(ed for candidates belon*in* to minorities in all the

Provincial services hich are filled in throu*h initial recruitment in addition to their participation in the open merit& 8o ever, this reservation shall not appl" to$F the per enta+e of va an ies reserved for re ruitment on the basis of merit> F Short term va an ies li/ely to last for less than @(Asi? monthsB> and F )solated posts in whi h va an ies o ur only o asionally.C (k) For initial appointment to posts in KPS-15 and belo in the !utonomous KodiesMCorporations, the >onal allocation formula applicable for Provincial Services ma" be adopted& 3he method of recruitment shall also conform to sub-para (c) above& $l% 3he Provincial 0overnment have alread" a*reed that recruitment to the post of P3C in 'ducation Gepartment in various districts shall be made on constituenc"- ise basis& For this purpose, the e(istin* districts have been divided into various >ones& 'ach >one shall correspond to the area of constituenc" of the Provincial !ssembl"& 8o ever, recruitment to the posts shall, in each case, be B/U on merit in open competition on district basis and ./U on constituenc" basis&
B?

3he competent authorit" has decided that henceforth all the 0overnment

GepartmentsMEffices shall ensure that re:uisitions are sent to the 12FP Public Service Commission complete in all respects and should reflect not onl" all the e(istin* vacant posts but also posts likel" to become vacant durin* the ne(t ei*hteen months on account of retirement etc fallin* to the initial recruitment :uota under the rules&
BB Sub-

Para-FF added vide circular 1o& SE9-<% ('L!G)1-1/M(#in)/7 (%<), dated 1?-11--//?& of si( months replaced ith Cone "earD in the 12FP (!ppointment, Promotion L 3ransfer) issued vide circular letter 1o& SE9-<% ('L!G)1-1/M/? (;), dated /5-1/--//?&

B5 Period

9ules 14?4 vide 1otification 1o& SE9-<%('L!G)1-6M-//?, dated Bth Fanuar", -//4&
B? %nstructions

6.

Don # A##oc tion in Initi # Recr(itment %n e(ercise of the po ers conferred b" !rticle -.1 of the Constitution of the %slamic 9epublic of Pakistan and in supersession of this Gepartment=s 1otification 1o&SES&%%% (SL0!G)664M5/ dated -7th #arch,1451 the 0overnor of the 1orth-2est Frontier Province is pleased to direct that not ithstandin* an"thin* to the contrar" contained in an" serviceM 9ecruitment 9ules under the rule makin* authorit" of the 0overnor of the 1orth-2est Frontier Province, vacancies to be filled b" initial recruitment and b" promotion shall be filled in the follo in* manner/0 1& %n the case of initial recruitment/0
B4

(a) there shall be block of -. vacancies in the former 0a>etted Service or post

(includin* un-classified services or Posts) or e:uivalent status, hich shall be filled in the follo in* manner/0 (i) Si( such vacancies shall form merit :uota and shall be filled on merit from amon* the candidates domiciled in an" part of the 1orth-2est Frontier Province includin* the Federall" !dministered 3ribal !reas attached thereto; and (ii) the remainin* 1? vacancies shall be reserved for bona fide residents of the >ones specified in column - of the !ppendi( to this 1otification in accordance ith the number of posts sho n a*ainst each >one in column . thereof;) (b) there shall be block of 1? vacancies in non-0a>etted Services or posts in the Secretariat Gepartment and the 8ead:uarters Effices of the !ttached Gepartments hich shall be reserved for bona fide residents of the >ones specified in column - of the !ppendi( to this 1otification in accordance ith the number of posts sho n a*ainst each >one in column . thereof; Provided that of here a >one has been further sub-divided into parts specified in column 6

the said !ppendi(, the vacancies allocated to that >one shall be made available to each part of the >one in e:ual shares or b" rotation, as the case ma" be;
5/

Provided further that in the case of vacanc" allocated to a >one or, as the case ma" be, a

part of that >one if no suitable candidate from that >one or part is available, the vacanc" shall be filled from an" other >one or part of that >one, as the case ma" be, and the vacanc" of the latter >one or part of that >one, as the case ma" be >one, or as the case ma" be a part of that >one, here no suitable candidate as available& -& %n the case of vacancies to be filled b" promotion in the manner specified in the ServiceM9ecruitment 9ules of the Service concerned; Note$ See 12FP Civil Service (Sectt 0roup) 9ules, 1445 L 12FP Civil Service ('(ecutive 0roup) 9ules, 1445 issued b" 1otification 1o& SE9-%< (SL0!G)M6-5M47-<ol&%%, dated -B&B&45&
B4 Sub&Para

hen available shall be filled from former

(a) of Para 1 substituted b" circular letter 1o&SE9%(SL0!G)6-64M5/, dated 6&-&4/&

Proviso substituted b" 1otification 1o&SES%%%(SL0!G)6-64M5/,dated -1&1&5.

5/

See also 12FP Civil Service (Sectt 0roup) rules, 1445 L 12FP Civil Service ('(ecutive 0roup)

rules,1445 issued throu*h 1otification 1o&SE9%<(SL0!G)6-5M47 <ol&%%, dated -B&B&45&

67

Provided that if in the opinion of the appointin* authorit" no suitable officerMofficial is available for promotion to an" post in the Provincial Secretariat from amon* the officersMofficials constitutin* the Secretariat Services the vacancies, not e(ceedin* ten per cent of the total cadre stren*th of the Service concerned, ma" be filled b" transfer or promotion of suitable officersMofficials servin* in an" Gepartment of the 0overnment of the 1orth-2est Frontier Province&

(!uthorit"$ 12FP,SL0!G 1otification 1o&SES&%%%(SL0!G)6-64M5/ Gated -&1/&1456&)

51!PP'1G%;

S#. No Done P rts of Dones No. of posts for e c' Done

+ $ . % 1 !*encies of Kajaur, #ohmand, Qh"ber, Erak>ai, 1orth 2a>iristan, South 2a>iristan, Qurram, Frontier 9e*ions attached to the districts of Pesha ar, Qohat, Kannu and G&%&Qhan& !reas as detailed in column a*ainst Serial 1o&1& . Pesha ar,1o shera,Charsadda, #ardan and S abi Gistrict& !reas as detailed in column a*ainst Serial 1o&-& .
5-6

Gistrict of S at, +pper Gir, ,o er Gir, Chitral, Kuner, Shan*la, Qohistan, #alakand Protected !reas (S at 9ani>ai and Sam9ani>ai), back ard areas of 8aripur, #ansehra and S abi Gistrict& i& S at Gistrict& ii& +pper Gir Gistrict&

ii a) ,o er Gir Gistrict iii& Chitral Gistrict& iv& Kuner Gistrict& v& #alakand Protected !rea (S at 9ani>ai and Sam-9ani>ai)& iv& Kack ard !reas of #ansehra consistin* areas of Gistrict Katt*ram& vii& Qala Ghaka !rea& viii& +pper 3ana al !rea& i(& Qohistan Gistrict& i(a) Shan*la Gistrict (& 0adoon !rea in S abi Gistrict& . . Gera %smail Qhan, 3ank, Kannu, ,akki, Qohat and Qarak Gistricts& !reas as detailed in column a*ainst Srl& 1o& .& 6 7 Gistricts of !bbottabad, 8aripur and #ansehra e(cludin* back ard areas of #ansehra Gistrict hich form part of Rone-%%%& !reas detailed in column a*ainst Serial 1o&7& 6
51 !ppendi( 5- !s

subst& b" 1otification 1o&SE9&%(SL0!G)6-64M5/(<ol&%%%), dated --nd September,144-&

amended vide 1otification 1o&SE9<%('L!G)1-15M-//6M<ol-<, dated -.&-&-//.

6B

DONAL ALLOCATION FORMULA % am directed to refer to the subject noted above and to state that in accordance ith

the provisions of the SL0!G 1otification 1o&SE9%(SL0!G) 6-64M5/, dated 6&-&144/ there shall be a block of -. vacancies for posts carr"in* KPS-1B L 15 for the purpose of >onal allocation& Ef these si( shall form merit :uota and the remainin* 1? shall be reserved for bona fide residents of Rone 1,-,6,. L 7& -& For the purpose of practical application of the ne >onal formula a ne rotational c"cle of -. vacancies shall become operative order/0 <acanc" Ronal !llocation %st &&& #erit -nd &&& Rone 1 6rd &&& Rone .th &&& Rone 6 7th &&& #erit Bth &&& Rone . 5th &&& Rone 7 ?th &&& Rone 1 4th &&& #erit 1/th &&& Rone 11th &&& Rone 6 1-th &&& Rone . 16th &&& #erit 1.th &&& Rone 7 17th &&& Rone 1 1Bth &&& Rone 15th &&& #erit 1?th &&& Rone 6 14th &&& Rone . -/th &&& Rone 7 -1st &&& #erit --nd &&& Rone 1 ith immediate effect in the follo in*

-6rd &&& Rone -.th &&& Rone 6 6& %n vie of the chan*ed formula the Commission has decided that fresh allocationMadjustment of all the vacancies ill start from the first vacanc" of first block of the ne date of commencement of ne formula shall be taken into account in future allocation of vacancies under the ne s"stem& .& % am accordin*l" to re:uest "ou that fresh re:uisition ma" be placed on the Commission on the basis of the ne >onal allocation formula indicatin* the previous overMunder subscription of various >ones&
(!uthorit" 1o&6-?4-GSM6-.1, dated 14&6&144/ (PSC))
65

formula, provided that in a cadre the over and under subscription as it stood on the

CONSTITUTION OF PS;*DPC @ DSC 1E3%F%C!3%E1 Pesha ar, dated the --nd !u*ust,1441& 1o&SE9%(SL0!G).-1M57(<ol&%)/0 %n pursuance of the provisions contained in clause(d) and (*) of rule - of the 1orth-2est Frontier Province Civil Servants (!ppointment, Promotion L 3ransfer) 9ules,14?4, read ith rule 5(1) thereof and in supersession of this Gepartment=s 1otification 1o&SES-%%% (SL0!G)1--/BM5.-%%%, dated 1B&7&1457, and 1o&SE9%(SL0!G) .-1M57, dated 1?&4&14?4, issued in this behalf, the 0overnor of 1orth2est Frontier Province is pleased to constitute the Provincial Selection Koard and the Gepartmental Promotion Committees for makin* selection to various posts as under/0 A0 PROVINCIAL SELECTION ;OARD 1& 3he Provincial Selection Koard shall consist of the follo in*/0 (1) Chief Secretar", 12FP &&& Chairman (-) !dditional Chief Secretar", 12FP &&& #ember (6) Senior #ember, Koard of 9evenue, 12FP &&& #ember (.) !dministrative Secretar" concerned &&& #ember (7) Secretar" Services L 0eneral &&& #emberM

!dministration Gepartment& Secretar" -& 563he Koard shall make recommendations for appointment b" promotion or transfer to all posts in Kasic Pa" Scale-1? and above and shall also assess fitnessMsuitabilit" of officers for move-over to KPS--/ and make its recommendations& ;0 DEPARTMENTAL PROMOTION COMMITTEES 1& For each Gepartment, there shall be a Gepartmental Promotion Committee consistin* of the follo in*/0 (1) Secretar" of the Gepartment concerned &&& Chairman
5. 5.

(-) !dditional Secretar", SL0!G& &&& #ember (6) !dditional Secretar", Finance Gepartment &&& #ember (7) Geput" Secretar" of the Gepartment
- under ! substituted b" 1otification 1o&SE9%(SL0!G).-1M57(<ol&%%), dated -5&4&45& vide SL0!G 1otification 1o&SE9%(SL0!G).-1M57(<ol&%), dated 7&1-&1441&

(.) 8ead of !ttached Gepartment concerned &&& #ember

5.

concerned& &&& Secretar"

56 Para 5. Substituted

6?

-& 573he Gepartmental Promotion Committee shall make recommendations for appointment b" promotion or transfer to posts in KPS-1B and KPS-15 and shall also assess fitnessM suitabilit" of officers for move over from KPS-17 to KPS-1B, or KPS-1B to KPS15 or KPS-15 to KPS-1?,or KPS-1? to KPS 14 as the case ma" be, and make its recommendations& 6& %n all cases, hether pertainin* to promotion, transfer or move over, the Gepartment concerned shall strictl" adhere to the *uidelinesMpolic" instructions issued b" the SL0!G from time to time& .& 1o meetin* of the Gepartmental Promotion Committee shall be held ithout representative of the SL0!G& 1E3%F%C!3%E1 Pesha ar, dated the 15th Fune,14?4& 1o&SE9%(SL0!G).-1M57/0 %n pursuance of the provisions in rule 7 of the 1orth-2est

Frontier Province Civil Servants (!ppointment, Promotion L 3ransfer) 9ules,14?4, the Services and 0eneral !dministration Gepartment is pleased to la" do n the constitution of the Gepartmental Promotion Committee and the Gepartmental Selection Committee for the purpose of makin* selection for promotion, transfer and initial appointment to the posts in KPS-17 and belo in the !ttached GepartmentsMEffices as under/0 (1) !ppointin* !uthorit" V Chairman (-) !n officer to be nominated b" the V #ember !dministrative Gepartment concerned& (6) !n Efficer to be nominated b" !ppointin* !uthorit"& V #ember
57 Para

- under K substituted b" 1otification 1o&SE9%(SL0!G).-1M57(<ol&%%), dated -5&4&45

64

Constit(tion of Dep rtment # Se#ection Committees for posts in ;PS0+6 n" )e#o: 9eference this Gepartment=s circular letter 1o&SE9%(SL0!G) .-1M57 (<ol&%), dated .th #arch,144- as amended vide this department letter of even number dated 1-th Ectober,144-, it posts in KPS-11 to 17 be intervie ed b" a broadbased panel of Selection Committees of fiveMsi( members headed b" the #inistries concerned& -& %t has been decided b" the Provincial 0overnment to ithdra the above orders ith immediate effect to the e(tent that henceforth the Gepartmental Selection Committees, as constituted vide 1otification 1o&SES&%%%(SL0!G)1--/BM5.-1, dated 1B&7&1457, and 1o&SE9%(SL0!G).-1M57, dated 15&B&14?4,for posts in KPS-17 and belo , shall stand revived as per details *iven belo /0 %& Posts in the 12FP Civil Secretariat (1) Secretar", SL0!G &&& Chairman (-) Geput" Secretar", SL0!G &&& #ember (6) Geput" Secretar"(Epinion) &&& #ember as inter alia provided that candidates :ualif"in* the ritten test for

,a Gepartment& (.) Section Efficer concerned &&& Secretar" in SL0!G& %%& !ttached GepartmentsMEffices in 12FP (1) !ppointin* !uthorit"& &&& Chairman (-) !n officer to be nominated b" the &&& #ember !dministrative Gepartment concerned& (6) !n officer to be nominated b" the !ppointin* !uthorit"& &&& #ember 6& %t is re:uested to brin* these instructions to the notice of all concerned for strict compliance&
(!uthorit"$-SE9%(SL0!G).-1M57(<ol&%%), dated 16th Fune,1446)
./

PROCEDURE FOR SELECTION FOR PROMOTIONCINITIAL RECRUITMENT % am directed to sa" that under rule 5 of the 12FP Civil Servants (!ppointment, Promotion L 3ransfer) 9ules,14?4 appointment b" promotion to posts in KPS-- to KPS1B shall be made on the recommendations of the appropriate Gepartmental Promotion Committee& Similarl", under rule 11 of the rules ibid, initial appointments to posts in KPS-1 to 17 shall be made on the recommendation of the Gepartmental Selection Committee after the vacancies have been advertised in ne spapers& 8o ever, no criteria for selection has so far been prescribed& -& %n order to ensure a fair de*ree of selection, minimi>e the chances of discretion and favouritism, the Provincial 0overnment have laid do n the follo in* criteria for selection for promotion vis-a-vis initial recruitment to the posts hich are filled b" the department concerned/0 (%) Criteri for Se#ection for Promotion/0Promotion to an" post in a *rade

belo 0rade-1B shall not be subject to an" test& 3he suitabilit" of candidates shall be determined on the basis of service record i&e seniorit"-cum-fitness& (%%) Criteri of Se#ection for initi # recr(itment/0 (i) For post in Gr "es + to %0 1o special criteria has been laid do n and the committee concerned shall adopt its o n method and procedure for selection& (ii) For posts in Gr "e06 n" )ove in ## "ep rtments0 0%n addition to the total marks allocated for a ritten competitive e(amination, if an" held, the total marks ill be 1// as per distribution *iven belo /0 (a) Prescribed :ualification &&&5/ (b) 8i*her :ualification &&&1(c) '(perience &&&1/ (d) %ntervie &&&/? 6& Para - above indicates onl" the *eneral distribution of the marks& 3o enable the !dministrative Gepartments to develop criteria of comparative *radin* of candidates ithin the above overall frame ork, SL0!G has done a model e(ercise(attached as !nne(ure) for *uidance of all concerned& .& % am accordin*l" directed to re:uest "ou to kindl" ensure that the aforesaid criteria for selection for promotion vis-a-vis initial recruitment to posts is adhered to strictl" in fillin* the vacant posts in future&
.1
5B!11';+9'

CE#P!9!3%<' 09!G%10 EF O+!,%F%C!3%E1 !& #inimum Prescribed Oualification& 1 For 1on-Professional Posts First Second 3hird (i) #atric 5/ 76 .3otal #ark

5/ (ii) #atric F!MF&Sc 67 67 -B -5 -1 -1 (iii) #atric F!MF&Sc K&!MK&Sc -6 -6 -. 15 15 1? 1. 1. 1. (iv) #atric F&!MF&Sc K&!MK&Sc #&!M#&Sc 15 15 15 14 16

16 16 1. 1/ 1/ 11 11 -& For Professional Posts& (i) For four e(amination %st Professional& -nd Professional 6rd Professional Final 15 15 15 14 16 16 16 1. 1/ 1/ 1/ 1(ii) For three e(amination %st Professional& -nd Professional Final -6 -6

-. 15 15 14 1. 1. 1. (iii) For t o e(amination %st Professional Final 67 67 -B -5 -1 -1 K& 8i*her Oualification VVVV 1(1e(t above the :ualification prescribed under the rules)& one sta*e above /B t o sta*e above /? three sta*e above 1C& '(perience VVVVV 1/ '(perience of one "ear /. '(perience of t o "ears /5 '(perience of three "ears and above 1/ G& %ntervie VVVVV& /? 3otal marksV 1//
5B !nne(ure

revised vide letter 1o&SE9%(SL0!G).-1M57(<ol&%%%) dated -B&7&-///

.-

'(planations$ (a) 2here :ualification prescribed in the rules is #atric, comparative *radin* of

candidates shall be done as sho n at (!) (i) above& 2here t"pin* is prescribed in the rules as a part of :ualification after #atric, all persons possessin* the prescribed speed shall be considered as e:ual& (b) 2here the prescribed :ualification is F&!, *radin* shall be done as indicated at (!) (ii) of !nne(ure& 3o illustrate; if the candidate is a -nd Givision in #atric and %st Givision in F&!&, he shall *et -B plus 67 marks out of the total of 5/ reserved for prescribed :ualification& (c) 2here prescribed :ualification is 0raduation, the comparative *radin* shall be done (!) (iii) of !nne(ure above& %f a candidate is 6rd Givision in #atric, -nd Givision in F&!MF&Sc and %st Givision in K&!MK&Sc, he shall *et 1.,15, -. marks i&e 77 marks out of 5/& (d) %f the minimum :ualification is #&! ( hich is ver" rare as the selection criteria pertain to posts in 0rade 1 to 17 onl") the *radin* shall be done as indicated at (!) (iv) above& (e) 3he above *radin* can be applicable onl" here academic :ualifications are from #atric on ards& %n cases here technical :ualifications (like Giploma or Certificate) are also prescribed after these basic :ualifications, in such cases 5/ marks for comparative *radin* shall be distributed as belo $(1) 3otal #arks V 5/ (-) Kasic :ualification like #atric, F&!MK&! as ma" be provided in the rules& V 7/ (6) !dditional 3echnical :ualifications V -/ 3he method for further distribution of -/ marks shall be laid do n b" the Gepartments themselves on the analo*" of the principles indicated above& 7/ marks shall be distributed for the basic :ualifications b" necessar" modification in the formula indicated at (!) of !nne(ure above& 3o illustrate, if the basic :ualification is #atric, 7/ marks shall be distributed as belo $1st Givision -nd Givision 6rd Givision 7/ 6? 6/ %t ill be noticed that the same proportion as obtainin* bet een the marks reserved for First, Second and 3hird Givision at (!) above has been maintained in

the distribution of 7/ marks as sho n above& (f) Eut of the 1- marks reserved for hi*her :ualifications the actual marks to be *iven to a candidate are sho n at (K) of !nne(ure& %f the candidate possesses the :ualification one sta*e above i&e& for e(ample he is intermediate and :ualification in the rules is #atric he shall *et B marks; if he is a *raduate and minimum :ualifications is #atric he shall *et ? marks and so on& (*) #arks for e(perience shall be for e(perience in the line at the scale sho n at (C) of !nne(ure& Persons ith more than 6 "ears e(perience shall also *et the ma(imum i&e& 1- marks&
.6
55(h)

3he e:uation of *rades versus division is as follo s$-

0rade ! L K W 1st Givision 0rade C L G W -nd Givision 0rade ' W 6rd Givision 1ote$- Kelo .7U marks obtained in 0rade-G ill be considered as 6rd Givision& (i) %n case here no divisionM*rade is *iven in the respective Certificate, it is orked out on the basis of secured marks of candidates as follo s$(a) B/U and above marks V 1st Givision (b) .7U - 74U marks V -nd Givision (c) Kelo .7U marks V 6rd Givision (j) %f not specificall" provided other ise in the relevant Service 9ules Ce(perienceD ill mean in the line and onl" that e(perience is considered hich has been ac:uired after the ac:uisition of minimum :ualifications prescribed for the post&
55 Substituted

vide letter 1o&SE9%(SL0!G).-1M57, Gated --&5&4?&

..

Reserv tion of E(ot for ppointment of c'i#"ren of Retirin2 C# ss0IV Govt. Serv nts on s(per nn( tion. % am directed to refer to the subject cited above and to state that in supersession of all instructions issued in this behalf, the competent authorit" has been pleased to direct that a

:uota of -7U fallin* to the share of initial recruitment in KPS-1 to KPS-. shall be reserved for appointment of one of the children of a retirin* civil servant on superannuationM invalidation; provided that$1) the appointment shall be made subject to the availabilit" of vacanc"& -) !

aitin* list sho in* the name, desi*nation and date of retirementM invalidation of

retirin* civil servant shall be maintained in the departmentMoffice& 3he merit shall be determined from the date of retirementMinvalidation of the civil servant&
6) 3he child possesses :ualification prescribed for the post; .) %n case, the date of retirementMinvalidation of t o civil servants is the same, the child

of the civil servant older in a*e shall be considered first for appointment&
7) +nder a*e child of the said civil servant shall be included in the

aitin* list from the

date of retirementMinvalidation& 8o ever, he shall be considered for appointment after he attains the a*e prescribed for the posts& -& 3he competent authorit" has further been pleased to authori>e the Chief Secretar", 12FP to e(ercise the po er of *rant of rela(ation of ban for initial appointment in cases of appointment of one of the children of retiredMinvalid civil servant and deceased civil servant died durin* the service as re:uired in rule 1/ (.) of the 12FP Civil Servant (!ppointment, Promotion and 3ransfer) 9ules, 14?4& 6& % am, therefore, directed to re:uest that the above polic" instructions should be follo ed strictl" in letter and spirit&
(!uthorit" SL0!G letter 1o&SE9-% (SL0!G).-1M?/(vol-%%%) dated -6&7&-///)

Reserv tion of $6J E(ot for ppointment of c'i#"ren of Retirin2 C# ss0IV Govt. Serv nts on s(per nn( tion. %n continuation of this departmentHs circular letter of even number dated -6&7&-///, % am directed to refer to the subject cited above and to sa" that to the Competent !uthorit" for the recruitment of a child of retirin* civil servant in KPS-1 to hile submittin* summar"

KPS-. on superannuationMinvalidation, the !dministrative Gepartment shall certif" that vacanc" a*ainst hich the child of the said civil servant as bein* recruited is ithin the prescribed :uota&
(!uthorit" SL0!G letter 1o&SE9-% (SL0!G).-1M?/(<ol-%%%), dated 1&5&-///)
.7

Liftin2 of ) n on ppointment 2 inst "ece se"C Rte". Government emp#o9ees c'i#"ren E(ot %n supersession of all previous orders in this behalf, the competent authorit" is pleased to order liftin* of ban on appointment a*ainst the follo in* :uotas; i) Ouota reserved for deceased emplo"ees children under 9ule 1/ (.) of the 12FP Civil Servants (!ppointment, Promotion and 3ransfer) 9ules 14?4& ii) Ouota reserved for the children of Class-%< retired (on superannuationM invalidation) 0ovt& emplo"ees vide this GepartmentHs letter SE9&%(SL0!G).1M?/ (<ol&%%%) dated 1&5&-///& -& 8o ever, the above mentioned liftin* of ban is subject to the follo in* conditions$i) !ppointment a*ainst :uota mentioned vide para 1o&1(i) above shall be *iven preference over Serial 1o&(ii)& ii) For appointment a*ainst :uota mentioned vide para 1o&1(ii) above, the follo in* conditions must be fulfilled$ a) !ppointments shall be made after the adjustment of emplo"ees placed in Surplus Pool& b) %nstructions contained in this Gepartment letter 1o&SE9% (SL0!G).-1M?/(Col&%%%) dated -6&7&-///, ma" be follo ed in letter and spirit&
(!uthorit"; letter 1o&SE9&<%('L!G)1-6M-//6, dated 6/th Fune, -//6)
.B .5 .? .4

APPOINTMENT IN LIEU OF LAND GRANTS % am directed to refer to this Gepartment circular letter of even number, dated -nd Fanuar", -//? (in +rdu lan*ua*e) on the subject noted above and to state that the matter

re*ardin* makin* appointments in lieu of land for various *overnment officesMinstitutions has been reconsidered and it has been reaffirmed that the practice not onl" tantamounts to violation of Constitutional ,a such cases from time to time, but also does not keep pace ith the chan*ed circumstances& %t has been decided ith the approval of the competent authorit", that the polic" of makin*Mofferin* appointments in lieu of land *rants shall stand discontinued forth ith& 8enceforth, land for official use should be purchased on pa"ment in accordance ith the prescribed procedure& %t is re:uested that the above decision of the Provincial 0overnment ma" kindl" be noted and circulated amon* all concerned for strict compliance&
(!uthorit"; letter 1o&SE9-<%M'L!GM1-1/M/5, dated Bth Fanuar", -//4)
7/ 71 7-

applicable to public offices and courtsH verdicts *iven in

Promotion Po#ic9 %n order to consolidate the e(istin* Promotion Polic", hich is embodied in several circular letters issued in piecemeal from time to time, and to facilitate the line departments at ever" level in prompt processin* of promotion cases of Provincial civil servants, it has been decided to issue the C1orth-2est Frontier Province Civil Servants Promotion Polic", -//4D dul" approved b" the competent authorit", for information and compliance b" all concerned& 3his Polic" ill appl" to promotions of all civil servants holdin* appointment on re*ular basis and ill come into effect immediatel"& 3he Polic" consists of the provisions *iven hereunder$%& ,en*th of service& (a) #inimum len*th of service for promotion to posts in various basic scales ill be as under$

Kasic Scale1? $ 7 "earsH service in KS-15 Kasic Scale 14 $ 1- "earsH service in KS-15 L above Kasic Scale -/ $ 15 "earsH service in KS-15 L above 1o proposal for promotion shall be entertained unless the condition of the prescribed len*th of service is fulfilled& (b) Service in the lo er pa" scales for promotion to KP-1? shall be counted as follo s$ (i) 8alf of the service in KS-1B and one fourth in Kasic Scales lo er than 1B, if an", shall be counted as service in Kasic Scale 15& (ii) 2here initial recruitment takes place in Kasic Scale 1? and 14, the len*th of service prescribed for promotion to hi*her Kasic Scales shall be reduced as indicated belo $ Kasic Scale 14 $ 5 "earsH service in KS-1? Kasic Scale -/ $ 1/ "earsH service in KS-1? and above& or 6 "earsH service in KS-14& %%. ,inkin* of promotion ith trainin*$ (a) Successful completion of the follo in* trainin*s is mandator" for promotions of officers of the Provincial Civil Service M Provincial #ana*ement Service to various Kasic Scales$ #id-Career #ana*ement Course at 1ational %nstitute of #ana*ement (1%#) for promotion to KS-14 Senior #ana*ement Course at 1ational #ana*ement Colle*e, ,ahore for promotion to KS--/ 1ational #ana*ement Course at 1ational #ana*ement Colle*e, ,ahore for promotion to KS--1 (b) 3his condition ill not be applicable to civil servants in speciali>ed cadres such as Goctors, 3eachers, Professors, 9esearch Scientists and incumbents of purel"
76

technical posts for promotion ithin their o n line of speciali>ation as envisa*ed in the e(istin* Promotion Polic"&

(c) 3he :ualif"in* thresholds of :uantification of P'9s for nomination to these trainin*s are as under$ #C#C B/ S#C 5/ 1#C 57 (d) 3here ill be no e(emptions from mandator" trainin*s& !n officer ma", ho ever, re:uest for temporar" e(emption in a particular moment in time but *rant of such e(emption ould be at the discretion of the competent authorit"& 1o such re:uest ith re*ard to an officer ould be made b" the 0overnment Gepartments concerned& (e) 3hree officers shall be nominated for each slot of promotion on the basis of their seniorit"& 3hose un illin* to attend ill be dropped at their o n e(pense ithout prejudice to the ri*hts of others and ithout th artin* or minimi>in* the chance of improvin* the :ualit" of service& (f) Efficers failin* to under*o mandator" trainin* in spite of t o time nominations for a trainin* shall stand superseded if such failure as not for the reasons be"ond the control of the officers concerned& %%%& Gevelopment of Comprehensive 'fficienc" %nde( (C'%) for promotion$ (a) 3he Comprehensive 'fficienc" %nde( to be maintained for the purpose of promotion is clarified as under$ (i) 3he minimum of a**re*ate marks for promotion to various *rades shall be as follo s$ Kasic Scale !**re*ate marks of 'fficienc" %nde( 1? 7/ 14 B/ -/ 5/ -1 57 (ii) ! panel of t o senior most officers shall be placed before the Provincial Selection Koard for each vacanc" in respect of promotion to KS-1? L 14& Similarl", a panel of three senior most officers shall be submitted to the Provincial Selection Koard for each position in respect

of promotion to KS--/ and -1 and the officer ith the re:uisite score on the 'fficienc" %nde( shall be recommended for promotion& (iii) 3he senior most officer(s) on the panel securin* the re:uisite threshold of the 'fficienc" %nde( shall be recommended b" the Provincial Selection Koard for promotion unless other ise deferred& %n case of failure to attain the re:uisite threshold, he (she)Mthe" shall be superseded and the ne(t officer on the panel shall be considered for promotion&
7.

(b) #arks for :uantification of P'9s, 3rainin* 'valuation 9eports and Provincial Selection Koard evaluation shall be assi*ned as under$S&1o& Factor #arks for promotion to KS-1? L 14 #arks for promotion to KS--/ L -1 1& Ouantification of P'9s relatin* to present *rade and previous *rade(s) X B/U $ ./U 1//U 5/U -& 3rainin* 'valuation 9eports as e(plained hereafter& -- 17U 6& 'valuation b" PSK -- 17U 3otal 1//U 1//U (c) ! total of fifteen (17) marks shall be allocated to the 3rainin* 'valuation 9eports (1ine marks X B/U for the trainin* in the e(istin* KPS and Si( marks X ./U in the precedin* KS)& 'valuation of the reports from the 3rainin* %nstitutions shall be orked out as under$(i) %t shall be on the basis of 0rade Percenta*e alread" a arded b" the

1ational School of Public Polic" (1ational #ana*ement Colle*e and Senior #ana*ement 2in*) and its allied 3rainin* %nstitutions as provided in their reports& (ii) Previous reports of old Pakistan !dministrative Staff Colle*e and old 1%P!s here no such percenta*e has been a arded, points shall be orked out on the basis of ei*hted avera*e of the percenta*e ran*e of *rades follo ed b" these %nstitutions as reflected in table-! belo $ 3!K,'-! Eld P!SC L 1%P!s
Cate*or" 9an*e 2ei*hted !vera*e Points of P!SC X B/UW4 Points of 1%P!s X ./UWB !& Eutstandin* 41-1//U 47&7U ?&B/ 7&56 K& <er" 0ood ?/-4/U ?7U 5&B7 7&1/ C& 0ood BB-54U 5-&7U B&7- .&67 G& !vera*e 7/-B7U 75&7U 7&15 6&.7 '& Kelo !vera*e 67-.4U .-U 6&5? -&777

(iii) 0rades from 1ational Gefence +niversit" ill be computed accordin* to the ei*hted avera*e based on the 0radin* Qe" for the ran*e provided b" the 1G+ as reflected in 3able-K belo $ 3!K,'-K 1!3%E1!, G'F'1C' +1%<'9S%3N
Cate*or" 9an*e 2ei*hted !vera*e Points X B/UW4 !& Eutstandin* 5B-1//U ??U 5&4K-Plus& <er" 0ood BB-57&44U 51U B&64 K- 8i*h& 0ood B1-B7&44U B6&7U 7&51 K-!vera*e& !vera*e 7B-B/&44U 7?&7U 7&-B K-,o & Kelo !vera*e 71-77&44U 76&7U .&?1 K-#inus& Kelo !vera*e .B-7/&44U .?&7U .&6B

C& Kelo !vera*e ./-.7&44U .6U 6&?5 F& Kelo !vera*e 67-64&44U 65&7U 6&65

(d) 3he officers ho have been *ranted e(emption from mandator" trainin* havin* attained the a*e of 7B "ears or completed mandator" period of servin* in a 3rainin* %nstitution upto -5-1---//7, ma" be a arded marks on notional basis for the trainin* factor (for hich heMshe as e(empted) in proportion to the marks obtained b" them in the P'9s& (e) Status :uo shall be maintained in respect of officers of special cadres such as teachers, doctors, professors, research scholars and incumbents of technical posts for promotion ithin their o n line of specialt"& 8o ever, for calculation of their C'%, 5/U marks shall be assi*ned to the :uantified score of P'9 s and 6/U marks shall be at the disposal of the PSK& (f) For promotion a*ainst selection posts, the officer on the panel securin* ma(imum marks ill be recommended for promotion& 3hirt" marks placed at the disposal of the Provincial Selection Koard in such cases shall be a arded for technical :ualification, e(perience and accomplishments (research publications relevant to the field of specialism)& (*) Since three of the aspects of performance i&e& moral inte*rit", intellectual inte*rit", :ualit" and output of ork do not fi*ure in the e(istin* P'9 forms, the *rades secured and marks scored b" the officer in overall assessment shall be notionall" repeated for the other complementar" evaluative aspects and form the basis of :uantification& (h) 3he performance of officers shall be evaluated in terms of the follo in* *rades and scores$ Upto ++t' <(ne* $&&8 From +$t' <(ne* $&&8 1& Eutstandin* -- 1/ #arks -& <er" 0ood 1/ marks ? marks 6& 0ood 5 marks 5 marks .& !vera*e 7 marks 7 marks 7& Kelo !vera*e 1 mark 1 mark
7B

(i) 3he outstandin* *radin* shall be a arded to officers sho in* e(ceptional

performance but in no case should e(ceed 1/U of the officers reported on& 3he *radin* is not to be printed in the P'9 form but the reportin* officer hile ratin* an officer as Coutstandin*D ma" dra another bo( in his o n hand in the form, initial it and rite outstandin* on the descriptive side& Convincin* justification for the a ard shall be recorded b" the reportin* Mcountersi*nin* officer& 3he discretion of a ardin* Coutstandin*D is to be e(ercised e(tremel" sparin*l" and the a ard must be merited& (j) 3he :uantification formula and instructions for orkin* out :uantified score are anne(ed& %<& Promotion of officers ho are on deputation, lon* leave, forei*n trainin*$ a) 3he civil servants ho are on lon* leave i&e& one "ear or more, hether ithin or outside Pakistan, ma" be considered for promotion on their return from leave after earnin* one calendar P'9& 3heir seniorit" shall, ho ever, remain intact& b) 3he civil servants ho are on deputation abroad or orkin* ith international a*encies ithin Pakistan or abroad, ill be asked to return before their cases come up for consideration& %f the" fail to return, the" ill not be considered for promotion& 3he" ill be considered for promotion after earnin* one calendar P'9 and their seniorit" shall remain intact& c) 5?%n case of projects partiall" or full" funded b" the Federal or Provincial 0overnment, here P'9s are ritten b" officers of Provincial 0overnment, the condition of earnin* one calendar P'9 shall not be applicable& 3he officers on deputation to projects shall be considered for promotion& 8o ever, after promotion the" ill have to actuali>e their promotion ithin their cadre& d) 3he civil servants on deputation to Federal 0overnment, Provincial 0overnment, autonomousMsemi-autonomous or*ani>ation shall be considered for promotion and informed to actuali>e their promotion ithin their cadres& 3he" shall have to sta" and not be allo ed to *o back immediatel" after promotion& Such sta" shall be not less than a minimum of t o "ears& %f heMshe declines hisMher actual promotion ill take place onl" hen heMshe returns to hisMher parent cadre& 8isMher seniorit" in the hi*her post shall, ho ever, stand protected& e) 3he cases of promotion of civil servants ho have not successfull" completed the prescribed mandator" trainin* (#C#C, S#C L 1#C) or have not passed the

departmental e(amination for reasons be"ond control, shall be deferred& f) Promotion of officers still on probation after their promotion in their e(istin* Kasic Scales shall not be considered& *) ! civil servant initiall" appointed to a post in a 0overnment Gepartment but retainin* lien in a department shall not be considered for promotion in his parent department&
5? para

1 (iv)(c) substituted vide circular letter 1o& SE9%<M'L!GM1-1BM-//B, dated 14&.&-/1/

75

8o ever, in case he returns to parent department, he ould be considered for promotion onl" after he earns P'9 for one calendar "ear& h) ! civil servant ho has resi*ned shall not be considered for promotion no matter the resi*nation has "et to be accepted& <& Geferment of Promotion$ (a) Promotion of a civil servant ill be deferred, in addition to reasons *iven in para-%<, if (i) 8is inter-se-seniorit" is disputedMsub-judice& (ii) Gisciplinar" or departmental proceedin*s are pendin* a*ainst him& (iii) 3he P'9 dossier is incomplete or an" other documentM information re:uired b" the PSKMGPC for determinin* his suitabilit" for promotion is not available for reasons be"ond his control& (b) 3he civil servant hose promotion has been deferred ill be considered for promotion as soon as the reasons for deferment cease to e(ist& 3he cases fallin* under an" of the above three cate*ories do not arrant proforma promotion but the civil servant ill be considered for promotion after determinin* his correct seniorit" over the erst hile juniors& (c) %f an officer is other ise eli*ible for promotion but has been inadvertentl" omitted from consideration in the ori*inal reference due to clerical error or plain ne*li*ence and is superseded, he should be considered for promotion as soon as the mistake is noticed& (d) %f and has been e(onerated of the char*es or his P'9 dossier is complete, or his inadvertent omission for promotion comes to notice, is considered b" the Provincial Selection hen an officer, after his seniorit" has been correctl" determined or after he

KoardM Gepartmental Promotion Committee and is declared fit for promotion to the ne(t hi*her basic scale, he shall be deemed to have been cleared for promotion alon* ith the officers junior to him ho ere considered in the earlier meetin* of the Provincial Selection KoardMGepartmental Promotion Committee& Such an officer, on his promotion ill be allo ed seniorit" in accordance ith the proviso of sub-section (.) of Section ? of the 1orth-2est Frontier Province Civil Servants !ct, 1456, hereb" officers selected for promotion to a hi*her post in one batch on their promotion to the hi*her post are allo ed to retain their inter-se-seniorit" in the lo er post& %n case, ho ever, the date of continuous appointment of t o or more officers in the lo er postM*rade is the same and there is no specific rule seseniorit" in the lo er *rade can be determined, the officer older in a*e shall be treated senior& (e) %f a civil servant is superseded he shall not be considered for promotion until he earns one P'9 for the ensuin* one full "ear& (f) %f a civil servant is recommended for promotion to the hi*her basic scaleMpost b" the PSKMGPC and the recommendations are not approved b" the competent authorit"
7?

hereb" their inter-

ithin a period of si( months from such recommendations, the" ould lapse& 3he case of such civil servant ould re:uire placement before the PSKMGPC afresh& <%& Gate of Promotion$ Promotion ill al a"s be notified ith immediate effect& <%%& 1otional Promotion$ %n respect of civil servants ho retire (or e(pire) after recommendation of their promotion b" the PSKMGPC, but before its approval b" the competent authorit", their promotion shall be deemed to have taken effect from the date of recommendation of the PSKMGPC, as the case ma" be, and their pension shall be calculated as per pa" hich the" ould have received had the" not retiredMe(pired& <%%%& Promotion of Civil Servants ho are a arded minor penalties& (a) 3he :uestion of promotion to KS-1? and above in case of civil servants ho have been a arded minor penalties has been settled b" the adoption of :uantification of

P'9s and C'% hich allo s consideration of such cases for promotion subject to deduction of 7 marks for each major penalt", 6 marks for each minor penalt" and 1 mark for each adverse P'9 from the :uantified score and recommendation for promotion on attainin* the relevant :ualif"in* threshold& (b) 8o ever, the C'% polic" is not applicable to civil servants in KS-1B and belo & %n this case, the concerned assessin* authorities ill take into consideration the entire service record ith ei*hta*e to be *iven for recent reports and an" minor penalt" ill not be a bar to promotion of such a civil servant& %;& Promotion in case of pendin* investi*ations b" 1!K$ %f there are an" 1!K investi*ations bein* conducted a*ainst an officer, the fact of such investi*ations needs to be placed before the relevant promotion fora hich ma" take a considered decision on merits of the case& -& !ll the e(istin* instructions on the subject shall stand superseded to the above e(tent, ith immediate effect&
74

ANNEF/ I First Step !rithmetic mean ill be calculated for each calendar "ear containin* - or more C9s to derive the !C9 score for that "ear as follo $ # W Y #" TTTTTTT 1" 4'ere #" W marks for each C9 recorded in calendar "ear I"H, 1" W 1umber of C9s recorded in "ear I"H, and Y stands for summation& Secon" Step !vera*e marks for each level ill be calculated accordin* to the follo in* formula$ !vera*e marks W Y # 3 4'ere # W #arks for !C9s; and

3 W 3otal number of !C9s in posts at that level& T'ir" Step 2ei*hta*e for posts held at each level ill be *iven as follo s in computin* the a**re*ate score a*ainst a uniform scale of 1// marks for promotion$ (i) to post carr"in* basic pa" scale 1? 1/ ( ! (ii) to post carr"in* basic pa" scale 14 (B ( K) Z (. ( !) (iii) to post carr"in* basic pa" scale -/ (7 ( C) Z (6 ( K) Z (- ( !) (iv) to post carr"in* basic pa" scale -1 (7 ( G) Z ( 6 ( C) Z (! Z K) 4'ere ! W !vera*e marks for reports in posts carr"in* basic pa" scale 15 K W !vera*e marks for reports in posts carr"in* basic pa" scale 1? C W !vera*e marks for reports in posts carr"in* basic pa" scale 14 G W !vera*e marks for reports in posts carr"in* basic pa" scale -/ Fo(rt' Step 3he follo in* additionsMdeductions shall be made in the total marks orked out in the third step&
B/

A. A""itions/

(i) for servin* in a 0overnment trainin* institution, includin* those meant for speciali>ed trainin* in an" particular cadre, for a period of - "ears or more - marks
;. De"(ctions/

(i) for each major penalt" imposed under the 0overnment Servants ('fficienc" and Giscipline) 9ules, 1456 7 marks (ii) for each minor penalt" imposed under the 0overnment Servants ('fficienc" and Giscipline) 9ules, 1456 6 marks

(iii) for adverse remarks (deductions be made for such remarks onl" as ere dul" conve"ed to the concerned officer and ere not e(pun*ed on his representation, or the officer did not represent) 1 mark per C9 containin* adverse remarks
B1

ANNEF/ II E1 mp#e/ Suppose an officer is bein* considered for promotion to KS--/& 8e has served for seven "ears in KS-15, si( "ears in KS-1? and five "ears in KS-14& 8is score of P'9 is as under$
Over ## Assessment KS-15& 1 <er" 0ood, 7 0ood, 6 !vera*e of hich 0ood and 1 !vera*e *radin* are earned in one calendar "ear& 3he other *radin*s cover full calendar "ear& KS-15$ #ean for - 0ood and one !vera*e *radin* earned in one calendar "ear& !vera*e marks (-(5)Z(1(7) W B&66 6

(1(1/)Z(6(5)Z(-(7)ZB&66 5 W B&5B
KS-1?& 7 0ood, - !vera*e of hich 1 0ood and 1 !vera*e *radin*s are earned in one calendar "ear& KS-1? #ean for 1 0ood !nd 1 !vera*e *radin*s earned in one calendar "ear& !vera*e marks (1(5)Z(1(7) W B -

(.(5)Z(1(7)ZB W B&7/ B KS-14& 1 <er" 0ood, . 0ood and 1 !vera*e of hich 1 <er" 0ood and 1 !vera*e are earned in one calendar "ear& KS-14$ #ean for 1 <er" 0ood and 1 !vera*e earned in a calendar "ear !vera*e marks (1(1/)Z(1(7) W 5&7/ (.(5)Z5&7 W 5&1/ 7 ?( #it9 n" O(tp(t of 4or! ;S0+-$ - <er" 0ood, B 0ood and 1 !vera*e *radin* of hich - 0ood and 1 !vera*e *radin*s are earned in one calendar "ear& #ean for - 0ood and W (-(5)Z(1(7) W B&6 1 !vera*e *radin* 6 !vera*e #arks W (-(1/)Z(.(5)ZB&6 W 5&5B 5 ;S0+8/ 1 <er" 0ood, 7 0ood and 1 !vera*e *radin* of hich 1 0ood and 1 !vera*e *radin* are earned in one calendar "ear& #ean for 1 0ood and W (1(5)Z(1(7) W B 1 !vera*e *radin* !vera*e #arks W (1(1/)Z(.(5)ZB W 5&66 B
B-

;S0+,/ 7 <er" 0ood and 1 !vera*e *radin* of hich 1 0ood and 1 !vera*e *radin* are earned in one calendar "ear& #ean for 1 0ood and W (1(5)Z(1(7) W B 1 !vera*e *radin* !vera*e #arks W (.(5)ZB W B&? 7 Mor # Inte2rit9 ;S0+-/ - <er" 0ood, 7 0ood and 1 !vera*e *radin* of hich 1 0ood and 1 !vera*e *radin* are earned in one calendar "ear& #ean for 1 0ood and W (1(5)Z(1(7) W B 1 !vera*e *radin* -

!vera*e #arks W (-(1/)Z(.(5)ZB W 5&51 5 ;S0+8/ 1 <er" 0ood, 7 0ood and 1 !vera*e *radin* of hich - 0ood *radin* are earned in one calendar "ear& #ean for - 0ood *radin* W (1(5)Z(1(5) W 5 !vera*e #arks W (1(1/)Z(6(5)Z(1(7)Z5 W 5&1B B ;S0+,/ 1 <er" 0ood, 7 0ood of hich - 0ood *radin* are earned in one calendar "ear& #ean for - 0ood *radin* W (1(5)Z(1(5) W 5 !vera*e #arks W (1(1/)Z(6(5)Z5 W 5&B 7 Inte##ect( # Inte2rit9 ;S0+-/ 1 <er" 0ood, . 0ood and . !vera*e *radin* of hich 1 0ood and - !vera*e *radin*s are earned in one calendar "ear& #ean for 1 0ood and W (1(5)Z(-(7) W 7&B5 - !vera*e *radin* 6 !vera*e #arks W (1(1/)Z(6(5)Z(-(7)Z7&B5 W B&B5 B ;S0+8/ 7 0ood and - !vera*e *radin* of hich - 0ood *radin* are earned in one calendar "ear& #ean for - 0ood *radin* W (-(5) W 5 !vera*e #arks W (6(5)Z(-(7)Z5 W B&66 B
B6

;S0+,/ - <er" 0ood, 6 0ood and 1 !vera*e *radin* of hich 1 <er" 0ood and 1 0ood *radin* are earned in one calendar "ear& #ean for 1 <er" 0ood W (1(1/)Z(1(15) W ?&7 and 1 0ood *radin* !vera*e #arks W (1(1/)Z(-(5)Z(1(7)Z?&7 W 5&7 7 ?( ntifie" Score KS-15$ B&5BZB&5BZ5&51Z5&5B W 5&-.

KS-1?$ B&7/ZB&66Z5&1BZ5&66 W B&?6 . KS-14$ 5&7/Z5&7/Z5&B/ZB&?/ W 5&67 . ?( ntific tion W (7(5&67)Z(6(B&?6)Z(-(5&--) W 6B&57Z-/&.4Z1.&.. W 51&B? De"(ction En account of adverse entr" in KS-1? W 1 1et :uantified score W 51&B?-1 W 5/&B? Note/ For purpose of efficienc" %nde(, the ne*ative marks shall be deducted from the :uantified score of the relevant *rade (in the instant case from KS-1? i&e& -/&.4-1 W 14&.4)&
B.

ANNEF/ III ?UANTIFICATION FORM S'1%E9%3N 1E& TTTTTTTTTTTTTTTTT 1!#' TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

%13'09%3N %13'09%3N 1PS 1E N'!9 E&! OLE2 #E9!, %1 3',$ 1PS 1E N'!9 E&! OLE2 #E9!, %1 3', 14B7 145? 14BB 1454 14B5 14?/ 14B? 14?1 14B4 14?145/ 14?6 1451 14?. 145- 14?7 1456 14?B

145. 14?5 1457 14?? 145B 14?4 1455 144/ ?UANTIFICATION E<'9 !,, !SS'SS#'13 O+!,%3N L E+3P+3 EF 2E9Q 1o& of 0radin*s 1o& of 0radin*s 1PS 1E& <0 0 ! K! #ean Score of broken periods
<0 0 ! K!

#ean Score of broken periods 15 1? 14 -/ Score %13'09%3N (0'1'9!,M#E9!,) 1o& of 0radin*s

<0 0 ! K!

#ean Score of broken periods Score %13'09%3N (%13',,'C3+!,) 1o& of 0radin*s

<0 0 ! K!

#ean Score of broken periods !vera*e #arks$

K [ 15 K [ 1? K [ 14

K [ -/ Score #arks for !C9S$ !ddition for Servin* in a 3rainin* institution From to $ Geduction for Penalt"Madverse 9emarks $ Final Score $
Score 3o be sin*ed b" the competent authorit"
B7

ANNEF/ IV
'fficienc" %nde( in case of the *iven e(ample ill be as under$#arks for :uantification of P'9s .- X B/U for present *rade 5/U -? X ./U for precedin* *rades Ouantified score for KS-15 and KS-1? W 1.&..Z14&.4 W 66&46 Score out of -? X ./U W 66&46(-? W 14&// 7/ Ouantified score for KS-14 W 6B&57 Score out of .- X B/U W 66&57(.- W 6/&?5 7/ #arks for :uantification of P'9s W 14&//Z6/&?5 W .4&?5 3otal #arks for :uantification of P'9s W .4&?5 #arks for 3rainin* 'valuation 9eports (4 X B/U for trainin* in the present *rade 17U and B X ./U for trainin*s in the precedin* *rades) %f an officer has earned *ood reports for S#C, #C#C and pre-service trainin* his marks for trainin* evaluation ill be$ #arks for trainin* in KS-14 X B/U W B&76 (!s per 3able-! of

%nstructions)
#arks for trainin*s in KS-1? L KS-15 W .&67 (!s per 3able-! of

X ./U %nstructions) 3otal score for trainin* evaluation W B&76Z.&67 W 1/&?? 'valuation b" PSK 17U %f an officer is a arded 1/ marks b" the PSK, his efficienc" %nde( shall be as under$.4&?5Z1/&??Z1/ W 5/&57 3he minimum re:uired threshold of marks for promotion to KS--/ is 5/& (!uthorit"; letter 1o& SE'-%%% ('L!G)1-6M-//? dated -?th Fanuar", -//4)
BB

INSTRUCTIONS FOR GUIDANCE 2hile fillin* in the :uantification Form overleaf and orkin* out :uantification marks the follo in* factors ma" be kept in vie to avoid error$(i) 3he annual confidential reports carr" marks as under$+pto 11th Fune, -//? From 1-th Fune, -//? 1& Eutstandin* -- 1/ #arks -& <er" 0ood 1/ marks ? marks 6& 0ood ? marks 5 marks .& !vera*e 7 marks 7 marks 7& Kelo !vera*e 1 mark 1 mark (ii) De"(ction is to be made from the total of IEverall marksH as indicated belo $(a) Ene mark for each adverse report; (b) 6 marks for each minor penalt" imposed on a civil servant in a disciplinar" case under 'LG 9ules, 1456; (c) 7 marks for each major penalt" imposed on a civil servant in a disciplinar" case under 'LG 9ules, 1456& (iii) !ddition of - marks is to be made for service in a (specified trainin*) institutions for a period of t o "ears or more& (iv) %f more than one confidential reports have been initiated on an officer durin* the calendar "ear, their avera*e marks ould be the marks for the hole calendar "ear& (v) 2ritin* of a Confidential 9eport coverin* part periods of t o calendar "ears is not permissible&

(vi) %f a period of report is less than 6 months, it shall be i*nored for purposes of :uantification& (vii) Ouantification marks should be in round fi*ure& (viii) %f the overall *radin* in a C9 is ambi*uous e&*& placed bet een I0oodH and I!vera*eH the :uantification ill be based on the lo er ratin*& (i() 2here onl" t o reports or less are available on an officer a*ainst posts in a particular basic pa" scale, these C9s ill be added to the C9s earned to the lo er post for calculatin* the avera*e marks& (() 2here an officer appointed to a hi*her post on actin* char*e basis is considered for re*ular promotion that post, the C9 earned durin* actin* char*e appointment ill be added to C9s earned in the lo er post for calculatin* avera*e marks&
B5

Revision of t'e po#ic9 for 2r nt of ;S0$+ n" ;S0$$ to tec'nic # n" profession # officers on t'e ) sis of meritorio(s services. % am directed to refer to the subject cited above and to state that in consonance ith the procedure devised b" the Federal 0overnment #inister of Pakistan, criteria for *rant of KS--1 and KS--- on account of meritorious Services to 3echnical and Professional Efficers has been revised as follo s$a) Efficers be considered for *rant of KS--1 L KS--- on the basis of meritorious service in order of seniorit"& b) P&'&9s& should be :uantified in present and previous scales as per e(istin* promotion polic" and assi*ned a ei*hta*e of 5/U& c) 3rainin* from 1%P!, Staff Colle*e and 1ational %nstitutes of #ana*ement ma" be *iven 17U ei*hta*e& %n case the trainin* informationMre:uirements is not relevant, overall professional competence be jud*ed and notional marks be assi*ned on the basis of his previous record& d) #inimum of 6 "ears active service in KS--/ for KS--1 L 7 "ears active service in KS--/ L above includin* 6 "ears in KS--1 for KS--ith the approval of the Prime

ill be re:uired e(cludin* the period of lon* leave (. months or more)& e) 3he special Selection Committee shall scrutini>e Si*nificant contribution of the 3echnical and Professional Efficers in their relevant fields of speciali>ation, consultin* Secretar" concerned and 8ead of EfficesM Er*ani>ations about the back*round, level of competence and *eneral reputation and allocate marks out of 17 to the officers bein* considered for *rant of KS--1 and KS--- on the basis of meritorious services& f) #inimum threshold in this a" shall be 57U marks& *) 3he Proforma %, %%, %%%, are also for arded to be filled in b" the Gepartments ith the re:uest to furnish the same alon* ith present sanctioned stren*th of the officers in KS--/& (i) 3he Gepartments ma" also indicate the name, desi*nation L date of availin* KS--1 or -- on meritorious basis (if availed previousl")& -& % am further directed to re:uest that orkin* paper ma" please be prepared as per criteria and procedure of the Federal 0ovt and endorse Proforma and furnish to this Gepartment alon* ith sanctioned stren*th of the officers in KS--/ please& 3he above re:uisite information ma" also be for arded to this Gepartment&
(!uthorit"; 1E& SE('-%)'L!GM4-166M/4, Gated 6rd 1ovember -//4)
B?

Proform 0I 0E<'91#'13 EF 1&2&F&P& G'P!93#'13 P9EFE9#! FE9 S+K#%SS%E1 EF P9EPES!,S FE9 09!13 EF KS--1 E9 KS--- 3E 3'C81%C!, !1G P9EF'SS%E1!, EFF%C'9S&
Sanctioned Stren*th of posts S&1o& Particulars of postsM officers as on Gepartment !ttached Gepartment Provincial Subordinate Effices 3otal Col

6,. L 7 1-6.7B % %% %%% %< < 3otal number of technicalM professional posts sanctioned in KS--1& 3otal number of technicalM professional posts sanctioned in KS--/ 3otal number of officers holdin* technicalMprofessional posts in KS--1 on re*ular basis& 3otal number of officers holdin* technicalMprofessional posts in KS--/ on re*ular basis& Pool posts X 1-&7 of the total number of posts in KS--/ (i&e& of (ii) above) 3o be si*ned b" 8ead of !dministrative Gepartment
B4

Proform 0II Panel Proforma for *rant of KS--1M-- to KS--/M-1 3echnical and Professional officers on account of meritorious Services as on TTTTTTTTTT
1ame of officer Gate of birth Gomicile Seniorit" 1o& ServiceMcadre to hich he belon*s 1omenclature L KS of the post held L date of re*ular appointment

3echnical Oualifications and e(perience prescribed in the 9ecruitment 9ules for the post& 3echnicalMProfessional Oualifications L e(perience possessed b" the officer& !dd as !nne(-% if re:uired Fob description of the post held b" the officer& Performance indicators prescribed for the post !dd as !nne(-%% if re:uired 3he achievements of the officer in specific measurable terms durin* last /6 "ears& !dd as !nne(-%%% if re:uired Particulars of publications& Getails of research papersM books authored b" the officer ith the name of journals in hich research papers ere published& !dd as !nne(-%< if re:uired 9easons for hich the officer is to be considered as speciall" meritorious !dd as !nne(-< if re:uired Getails of si*nificant contribution

made b" the officer in his field of speciali>ation&

S'9<%C' P!93%C+,!9S
Gate of joinin* 0overnment service Gate of promotion in ,o er 9anks ,en*th of Service 'li*ibilit" for consideration Present Scale KS-/
KS14 KS1? KS15

Service in the cadre %n the present cadre 3otal N#N#N#

Photo
5/

%#PE93!13 !PPE%13#'13S 8',G %1 38' P9'S'13 9!1Q

S&1E& PES3 8',G S&1E& PES3 8',G 1Penalties (if an") 3rainin* courses (other than #andator" 3rainin*, if an") 0radin* of #andator" 3rainin* at 1%P!MS#C, if done 1+#K'9 EF P'9S

Kasic Scale Eutstandin* <er" 0ood 0ood !vera*e 9eports Kelo !vera*e !dverse 9eportM 9emarks in KS-14 ! aited 9eports(P'9s) !dditional %nformation 'FF%C%'1CN %1G'; 9e:uired 3hreshold Score of P'9s L 3rainin* 9eports #arks a arded b" SSC 3otal 57 9ecommendations of Special Selection Committee Promoted Geferred Superseded

Checked b" (Geput" Secretar" or ':uivalent) Prepared b" (Section Efficer or ':uivalent)
51

PROFORMA0III P'9 09!G%10 L O+!13%F%C!3%E1 FE9# 1ame $

Near Post held #inMGivnM Geptt Period of P'9 P'9Hs !ssessment Fitness for promotion Score From 3o K" 9E K" CE Previous Scale (Scale KS-14M-/)

!**re*ate score C!,C+,!3%E1 EF SCE9' !& P'9s Ouantified Score B/ $ ./ X 5/U Kasic Scale !**re*ate Score 2ei*hta*e Factor Points Ebtained Present Scale Previous Scale i& !dditions ii& Geletions 3otal (!) K& 3rainin*$ X 17U 1%P!M1#C ,89 Q!9 O3! PS8

Checked b" (Section Efficer or ':uivalent) Prepared b" (Superintendent or ':uivalent) Countersi*ned b" (Geput" Secretar" or ':uivalent)
5-

Re0 ##oc tion of posts for 2r nt of ;S0$+ on meritorio(s service to profession #sCtec'nic # officers. % am directed to refer to this GepartmentHs letter of even 1o& dated 6&11&-//4 on the subject cited above and to state that the competent authorit" has desired to re-allocate the posts of KS--1 on meritorious service basis& -& %n vie of the above, it is re:uested to kindl" provide the follo in* information ith documentar" proof for further necessar" action$(i) 1umber of sanctioned posts in KS--/ and occupanc" report ith necessar" clarification& (ii) Proposals of the respective department (if an") re*ardin* re-allocation of posts for *rant of KS--1 on meritorious services basis&
(!uthorit"$ 1o&SE('-%)'L!GM4-166M-/1/, dated 6rd #a" -/1/)

56

Appointment 2 inst 'i2'er posts in o:n p 9 sc #es. Appointments in 'i2'er 2r "es. ! number of cases have come to notice here #inistriesMGivisions and Provincial 0overnments have made appointments of officers servin* under them to posts in hi*her *rades ithout the prior approval of the competent authorit" or *oin* throu*h the prescribed selection procedures& 3his *rant of hi*her appointments to junior officers a*ainst senior posts amounts to accelerated promotion in vie of the decision *iven b" the Supreme Court of Pakistan in the case of 0overnment of Pakistan versus Oa>i !bdul Qarim& %n future such vacancies ill be reported to the 'stablishment Givision so that eli*ible officers ma" be considered and recommended for promotion b" the Competent !uthorit" in accordance ith the 9ules& -& 3he President has been pleased to direct that appointments of officers of lo er *rades to posts in hi*her *rades cease ith immediate effect& 3he #inistriesMGivisions and Provincial 0overnments can onl" fill vacancies in a particular *rade b" officers of the same *rade and officers in a junior *rade ill not be appointed a*ainst a vacanc" in a hi*her *rade& %f it is necessar" to do so due to e(i*encies of service, the post should be do n*raded 'stablishment Givision& 2hen makin* such a re:uest it not be referred to the Central Selection KoardM8i*h ,evel Selection KoardMappropriate Gepartmental Promotion Committee for the promotion of an eli*ible officer to fill the vacanc" in the appropriate *rade in accordance ith the rules&
(!uthorit"$ E&# 1o&-M-7MB4-C&%, dated 61&5&54, circulated b" SL0!G 12FP vide letter 1o&SE9%(SL0!G )1--4M57(Q2), dated -/&?&54)

ithout *oin* throu*h the prescribed selection process, must

ith the approval of the h" the vacanc" should

ill be clearl" stated

Appointment in 3i2'er Gr "esCPosts. %nstances have come to notice of Federal 0overnment here civil servants have been appointed to hi*her posts and subse:uentl" these posts have been do n*raded retrospectivel" and ithout the prior approval of the competent authorit"& 3his is not in keepin* ith the 'stablishment Givision E# 1o&-M-7MB4-C%, dated 61st Ful",1454 circulated vide SL0!G circular letter 1o&SE9% (SL0!G)1--4M57(Q2),dated -/th !u*ust,1454& %t is, therefore, reiterated that henever a post is re:uired to be do n*raded due to e(i*encies of service, it ma" please be referred to this Gepartment for approval& -& Kesides, all cases in hich action ma" have been taken in contravention of the instructions issued on the subject ma" please be referred to the SL0!G for final orders&
(!uthorit"$ ,etter 1o&SE9%(SL0!G)1--4M57, dated 1.&4&14?7)
5.

Appointment in 3i2'er Gr "esCPosts. %nstances have come to the notice here civil servants in lo er *rades have been appointed to hi*her posts but the posts have not been do n*raded ith the result that the concerned civil servants come up decision *iven b" the Supreme Court of Pakistan in the case of \0overnment of Pakistan <ersus Oa>i !bdul Qarim=& 3his is in contravention of the above instructions hich is not desirable administrativel"& -& %t appears that either the aforesaid instructions have been lost si*ht or these instructions have not been brou*ht to the notice of all concerned& %t is, therefore, reiterated that the Provincial 0overnment can onl" fill vacancies in a particular *rade b" officers of the same *rade and officers of junior *rade hi*her *rade& %f it is necessar" to do so, due to e(i*encies of service, the post should be do n*raded ill not be appointed a*ainst a vacanc" in a ith re:uests for promotion benefits in vie of the

ith the approval in the first instance of the SL0!G Finance Gepartment& 6& 3his issues ith the concurrence of Finance Gepartment&
(!uthorit"$,etter 1o&SE9%(SL0!G)1--4M57, dated -7&-&14?B&)

ho

ill seek approval of the

Appointment in 3i2'er Gr "esCPosts. 3he President directed that appointment of officers of lo er *rades to posts in hi*her *rades ithout *oin* throu*h the prescribed selection process must cease and that vacancies in a particular *rade shall onl" be filled b" officers of the same *rade& %t has been reported that these instructions are not bein* follo ed b" some of the departments and Civil Servants in lo er *rades continue to be appointed a*ainst posts in hi*her scales do n*radin* them& -& 2hile repl"in* to Supplementar" :uestion on -1st Ectober,14?5, the Chief #inister, 12FP per instructions alread" issued b" 0overnment to all Gepartments, no officer in lo er *rades shall henceforth be posted a*ainst vacancies in hi*her *rades and that all such posts shall in future be filled in on re*ular basis b" the case ma" be, in accordance ith the prescribed manner& 6& % am, therefore, to re:uest that the above instructions ma" kindl" be brou*ht to the notice of all concerned once a*ain and that the" ma" be directed to abide b" these instructions in letter and spirit&
(!uthorit"$Circular letter 1o&SE9%(SL0!G)1--4M57,dated 14&11&14?5)
57

ithout

as pleased to *ive an assurance to the Provincial !ssembl" to the effect that as

a" of promotion or throu*h initial recruitment, as

Appointment 2 inst 'i2'er post ! point has been raised b" the Gistrict !ccounts Efficer, #ansehra hether a hi*her

post can be filled in for indefinite period b" appointment of an incumbent holdin* lo er post ithout havin* relevanc" to the nature of dut" and basic :ualification of the post etc or other ise] -& %n this connection attention is invited to the 0overnment of 12FP SL0!G=s Circular letter 1o&SE9%(SL0!G)1--4M57(!), dated 7th Ful",144. been e(plained& 8o ever, the point has carefull" been re-e(amined in the Finance Gepartment& !t the ver" outset it is made clear that for all intents and purposes, the 12FP Civil Servants !ct, 1456 bein* the latest instrument, dul" approved b" the 12FP Provincial !ssembl" and the 12FP Civil Servants (!ppointment, Promotion L 3ransfer), 9ules,14?4 hich have been framed under Section -B of !ct ibid have to be follo ed in the matter of appointments& 6& +nder Section 7 of the 12FP Civil Servants !ct,1456, the appointment to a Civil Service of the Province or to a post in connection ith the affairs of the Province shall be made in the prescribed method b" the 0overnor or b" a person authorised b" the 0overnor on that behalf& .& +nder 9ule 6 (-) of the 12FP Civil Servants (!ppointment, Promotion and 3ransfer) 9ules,14?4,the method of appointment, :ualifications and other conditions applicable to a post shall be such as laid do n b" the department concerned in consultation Services L 0eneral !dmn& Gepartment and Finance Gepartment& 7& +nder 9ule 1/(6) of the above mentioned 9ules, a candidate for initial appointment to a post must possess the educational or technical :ualifications and e(perience& B& 3he appointment b" initial recruitment to a hi*her post or to a different post has to be made strictl" in the prescribed manner and an" deviation ould not be in accordance ith la and rules on the subject& 3he phrase )adjustment) is also not covered under the above ith herein the position has full"

rules& #oreover, an opportunit" of appointment a*ainst a hi*her post is available to servin* 0overnment servants and the" in accordance the 12FP Civil Servants (!ppointment, Promotion and 3ransfer), 9ules,14?4 can be appointed on !ctin* Char*e or Current Char*e basis& 5& %n the circumstances, the repl" to the point as raised in para-1 above that hether a hi*her post can be filled in for indefinite period b" appointment of an incumbent holdin* lo er post post etc is in ne*ative&
(!uthorit"$ Finance Gepartment=s Circular letter 1o&FGMP9C-7-1M4B-45, dated -4&.&45 and re-circulated b" SL0!G vide letter 1o&SE9%(SL0!G)1--4M57(K), dated 1/&7&1445)

ith the provisions contained in 9ule 4 of

ithout havin* relevanc" to the nature of dut" and basic :ualification of the

Un (t'orise" ppointments to 'i2'er posts. %n continuation of 'stablishment Givision=s E&# 1o&-M-7MB4-C&%, dated 61&5&1454, the undersi*ned is directed to sa" that it has been observed ith re*ret that despite repeated instructions issued b" the 'stablishment Givision re*ardin* appointment of 0overnment servants a*ainst hi*her posts other than in accordance procedure,
5B

ith rules and prescribed

#inistriesMGivisions and Gepartments of the Federal 0overnment and the Provincial 0overnments (in the case of officers belon*in* to Eccupational 0roups controlled b" the 'stablishment Givision) continue to make appointments to hi*her posts occasionall" in disre*ard of the above instructions& Efficers appointed to hi*her posts throu*h the prescribed selection process and approval of the competent authorit" claim pa" and allo ances of the hi*her posts on the basis of jud*ements of the Federal Service 3ribunal and the Supreme Court of Pakistan in a number of such cases& 3his places the 0overnment in an ithout *oin*

a k ard position as pa" and allo ances of the hi*her posts have to be allo ed to individuals ho have not been re*ularl" promoted and eli*ible for promotion& %t also causes heart burnin* and resentment amon* their seniors ho ere servin* else here or ere b"passed at the time of makin* such irre*ular appointments& -& 2hile such irre*ular appointments are claimed to be made in public interest and under unavoidable circumstances, it has once a*ain to be emphasi>ed that appointments to hi*her post in disre*ard of the prescribed rules and procedure should be avoided under all circumstances& <arious provisions alread" e(ist in the rules for makin* appointments on actin* char*e, current char*e and additional char*e basis, to tide over temporar" difficulties& %t is therefore a*ain reiterated that in future appointments a*ainst hi*her posts should onl" be made either on a re*ular basis in the prescribed manner, or on actin* char*e or current char*e basis in accordance ith the provision of Civil Servants (!ppointment, Promotion L 3ransfer), 9ules, 14?4 and relevant instructions issued b" the 0overnment from time to time& 6& Gisre*ard of the above instructions ould be vie ed seriousl" and ma" result in brin*in* the matter to the notice of the Prime #inister&
(!uthorit"$'stt$Givision E# 1o&1.M.M?B-9&%, dated -&7&14?? circulated b" 12FP vide Circular letter 1o&SE9%(SL0!G)1--4M57,dated -6&7&14??)

ho are some time not even :ualified or

Un (t'orise" Appointments to 3i2'er Posts. 3his Gepartment=s Circular letter of even number dated -6&7&14??, on the subject cited above, made in the manner prescribed in the rules for those posts& 1ot ithstandin* this, instances have come to the notice that un-authorised appointments to hi*her posts ithout *oin* throu*h the hich clearl" provides that the appointments a*ainst the hi*her posts should be

prescribed selection process or obtainin* approval of the competent authorit" are bein* made b" Provincial 0overnment Gepartments& 3his creates embarrassin* position officers concerned prefer claim for pa" of the hi*her posts& -& % am directed to re:uest "ou once a*ain to strictl" follo the instructions as referred to above hi*her post in cases of un-authorised appointment ill be considered b" SL0!G&
(!uthorit"$Circular letter 1o&SE9%(SL0!G)1--4M57(!), dated 16&-&1446)

hen the

hile makin* appointments a*ainst hi*her posts& %n future, no claim of pa" of

Irre2(# r Appointments to v rio(s PostsCServices 12FP Civil Servants (!ppointment, Promotion and 3ransfer) 9ules, 14?4 and other ancillar" instructions issued b" the Provincial 0overnment provide that initial appointments
55

to postsMservices in various Gepartments, !ttached Gepartments and subordinate offices shall be made keepin* in vie the follo in*/0 (1) ! selected candidate must possess the :ualifications and e(perience prescribed for the post under the relevant rules; (-) 3he vacancies in 0rades 7 and above should be advertised in leadin* ne spapers; (6) 3he appointment is to be made on the recommendations of a broad based prescribed Gepartmental Selection Committee; (.) 3he >onal allocation formula prescribed vide SL0!G=s 1otification 1o&SES&%%%(SL0!G)6-64M5/,dated -nd Ectober,1456 as amended from time to time has to be follo ed; (7) 3he selection for appointment should be made ith re*ard to the criteria for initial recruitment as laid do n b" the 0overnment from time to time; and (B) !n overa*e person should not be selected and appointed hen a sufficient number of :ualified and ithin a*e candidates are available& -& %t has, ho ever, been observed from the report of the Committee appointed b" the

0overnment to probe the cases cited as subject that in almost all the departments, appointments to the various posts ere made ithout application of the provisions of the relevant Service 9ules and observance of the instructions issued thereunder& 6& %t has, therefore, been decided b" the Provincial 0overnment that all appointments, promotion observin* all re:uisite codal formalities and the provisions of 9ules of Kusiness, 14?7 in *eneral and the sub-rules (7) and (B) of 9ule 7 in particular, are strictl" observed b" all concerned in future & .& %t is re:uested to please ensure that all concerned abide b" the aforesaid decision both in letter and spirit&
(!uthorit"$-SL0!G=s letter 1o&SE9%(SL0!G)1-56M??, dated -6rd Ectober,14??)&
5?

ill, in future, be made b" the competent authorities onl" after strictl"

Appointment on Actin2 C' r2e ; sis. 3his Gepartment Circular letter 1o&SE9%(SL0!G)1--/BM5., dated 17th !u*ust, 14?1, as amended vide this Gepartment=s letter of even number dated 15th Ectober,14?. and %st Gecember,14?5, on the subject cited above and to sa" that in partial modification of the said orders it has been decided that the service rendered on actin* char*e basis in respect of appointments fallin* under rules ?-K(1) and ?-K(6) of Civil Servants (!ppointment, Promotion L 3ransfer) 9ules,14?4 count in the pa" scale applicable to the post for the purpose of accrual of increments, subject to the fulfillment of the follo in*/0 i) %n case of actin* char*e appointments to posts carr"in* KPS-1?, the incumbents shall have completed 7 "ears service in KPS-15& ii) %n case of actin* char*e appointments to posts carr"in* KPS-14 and above the incumbents shall have completed the prescribed len*th of service for respective posts as under/0 a) Posts in KPS-14 1- "ears service in KPS-15 and above& b) Posts in KPS--/ 15 "ears service in KPS-15 and above&

c) Posts in KPS--1 -- "ears service in KPS-15 and above& Provided that/0 i) 2here initial appointment of a person not bein* a person in 0overnment service takes place in a post in KPS-1?,14 or -/,the len*th of service specified in this Gepartment letter 1o&SE9%(SL0!G)1--4M57,dated -6&-&14?1 shall be reduced b" the follo in* periods$ First appointment in 9educed b" KPS-1? 7 "ears& KPS-14 1- "ears& KPS--/ 15 "ears& ii) 2here initial appointment of a person alread" in 0overnment service takes place, on recommendations of the Public Service Commission, in a post in KPS-1?,14 or -/, the len*th of service specified in above letter shall be reduced b" the periods specified in proviso (i)& -& 3he above decision shall be effective from the First Fanuar" 14?7& 8o ever, in cases of actin* char*e appointments made durin* the period from 1-&1&14?1 to 61&1-&14?., the increments shall be restored from the due dates but no arrears due on account of restoration of increments prior to 1&1&14?7 shall be allo ed& 6& 3his issues ith the concurrence of Finance Gepartment&
(!uthorit"$Circular letter 1o&SE9%(SL0!G)1--/BM5.(%<),dated 15&-&14??)
54

Postin2 of <(nior Officers on Posts in 3i2'er Sc #e 3his Gepartment=s Circular letter 1o&SE9%(SL0!G)1--4M57(!), dated 16&-&1446,on the subject noted above and to state that it has been noticed that certain Provincial 0overnment Gepartments are resortin* to the practice of postin* officers in a lo er scale on posts in hi*her scales& 3his practice is a*ainst the provisions of 12FP Civil Servants !ct,1456 and rules made thereunder as Givision reproduced belo /0 ell as the instructions of the 'stablishment

)3he *rant of hi*her appointments to junior officers a*ainst senior posts amounts to accelerated promotion in vie of the decision *iven b" the Supreme Court of Pakistan in the case of 0overnment of Pakistan <ersus Oa>i !bdul Qarim& 3he #inistriesMGivisions or Provincial 0overnments can onl" fill vacancies in a particular *rade b" officers of the same *rade, and officers in a junior *rade ill not be appointed a*ainst a vacanc" in a hi*her *rade)& -& %t ma" be pointed out that in the li*ht of rule 4 of the 12FP Civil Servants (!ppointment, Promotion and 3ransfer) 9ules,14?4, the methods prescribed for postin* a junior officer to a hi*her post are restricted to the follo in* onl"/0 i) !C3%10 C8!90' !PPE%13#'13 !0!%1S3 ! 8%08'9 PES3 2here the senior most officer in a cadre is other ise full" eli*ible for promotion but does not possess the specified len*th of service, the competent authorit" ma" appoint him to the hi*her post on actin* char*e basis, but onl" on the recommendation of Gepartmental Promotion CommitteeMSelection Koard and subject to the condition that such officer lacks the prescribed len*th of service not more than (one "ear)& ii) C+99'13 C8!90' !PPE%13#'13 EF ! 8%08'9 PES3 Enl" the senior-most officer of a cadre can be *iven current char*e appointment of a hi*her post ith the approval of the competent authorit"& 8o ever, this can onl" be an arran*ement upto a ma(imum of si( months& iii) !GG%3%E1!, C8!90' !PPE%13#'13 EF !1 'O+%<!,'13 PES3 !n officer can be *iven the additional char*e of a second post but onl" of a post in an e:uivalent *rade, upto a period of si( months b" the competent authorit"& 6& !dherence to the above rules is a le*al re:uirement so that the actions taken b" officers are not held at an" sta*e to be irre*ular& !lso, appointments in violation of the rules constitute administrative indiscipline& .& % am, therefore, directed to re:uest that all such cases of irre*ular appointments be revie ed and ensure not to resort to such appointments that violate the provisions of the Civil

Servants !ct and the statutor" rules framed thereunder& 7& % am further directed to re:uest that these instructions ma" be brou*ht to the notice of all concerned for strict compliance&
(!uthorit"$Circular letter 1o&SE9%(SL0!G)1--4M57(!), dated 7&5&144.)&
?/

Postin2 n" Tr nsfer St t(tor9 Provision. Section +& of t'e N4FP Civi# Serv nts Act*+,-.. Postin2 n" Tr nsfer& 'ver" civil servant shall be liable to serve an" here ithin or outside the Province, in an" post under the Federal 0overnment, or an" Provincial 0overnment or ,ocal authorit", or a Corporation or bod" set up or established b" an" such 0overnment/0 Provided that nothin* contained in this section shall appl" to a civil servant recruited specificall" to serve in a particular area or re*ion; Provided further that, here a civil servant is re:uired to serve in a post outside a service or cadre, his terms and conditions of service as to his pa" shall not be less favourable than those to hich he ould have been entitled if he had not been so re:uired to serve& Postin2Ctr nsfer po#ic9 of t'e Provinci # Government. i) !ll the postin*Mtransfers shall be strictl" in public interest and shall not be abusedMmisused to victimi>e the 0overnment servants ii) !ll 0overnment servants are prohibited to e(ert political, !dministrative or an" other pressures upon the postin*Mtransfer authorities for seekin* posin*Mtransfers of their choice and a*ainst the public interest& iii) !ll contract 0overnment emplo"ees appointed a*ainst specific posts, can not be posted a*ainst an" other post& iv) '(istin* tenure of postin*Mtransfer of three (/6) "ears for settled areas and t o (/-) "ears for unattractiveMhard areas shall be reduced to t o (/-) "ears for settled areas, /1^ "ears for unattractive areas and one "ear for hard areas&
<) 54@

54 Para-1(v) re*ardin* months of #arch and Ful" for postin*Mtransfer and authorities for rela(ation of ban deleted vide letter 1o$

SE9-<% ('L!G) 1-.M-//?M<ol-<%, dated 6-B--//?& Conse:uentl" authorities competent under the 12FP 0overnment 9ules of Kusiness,14?7, Gistrict 0overnment 9ules of Kusiness -//1, Postin*M3ransfer Polic" and other rules for the time bein* in force, allo ed to make Postin*M3ransfer subject to observance of the polic" and rules&

?1

vi) ?/2hile makin* postin*Mtransfers of officersMofficials up to KS-15 from settled areas to F!3! and vice versa approval of the Chief Secretar", 12FP needs to be obtained& Save 3ehsildarsM1aib 3ehsildars ithin a division in respect of hom the concerned Commissioner ill e(ercise the same po er& 2hereas, in case of postin*Mtransfer of officers in KS-1? and above, from settled areas to F!3! and vice versa, specific approval of the 0overnor, 12FP shall be obtained& Provided that the po er to transfer Political 3ehsildars and Political 1aib 3ehsildars ithin F!3! bet een different divisions shall rest in !dditional Chief Secretar" F!3!& vi (a) !ll EfficersMofficials selected a*ainst Rone-%MF!3! :uota in the Provincial Services should compulsoril" serve in F!3! for at least ei*hteen months in each *rade& 3his should start from senior most scalesM*rades do n ards in each scaleM*rade of each cadre& vii) Efficers ma" be posted on e(ecutiveMadministrative posts in the Gistricts of their domicile e(cept Gistrict Coordination Efficers (G&C&Es) and GPEsMSuperintendent of Police (SP)& Similarl" Geput" Superintendent of Police (GSP) shall not be posted at a place here the Police Station (3haana) of his areaMresidence is situated& viii) 1o postin*Mtransfers of the officersMofficials on detailment basis shall be made& i() 9e*ardin* the postin* of husbandM ife, both in Provincial services, efforts here possible ould be made to post such persons at one station subject to the public interest& () !ll the postin*Mtransferrin* authorities ma" facilitate the postin*M transfer of the unmarried female *overnment Servants at the station of the residence of their parents& (i) EfficersMofficials e(cept GCEs and GPEsMSPs ho are due to retire ithin one "ear ma" be posted on their option on posts in the Gistricts of their domicile

and be allo ed to serve there till the retirement

?/ Para-<%

added vide circular letter 1o& SE9-<%M'L!GM1-.M-/1/M<ol-<%%% dated -/th #arch, -/1/&

??1GCEs

and GPEs ho are due to retire in the near future ma" also be posted

in the Gistrict of their domicile subject to the condition that such postin* ould be a*ainst non-administrative posts of e:uivalent scales; (ii) %n terms of 9ule 15(1) and (-) read ith Schedule-%%% of the 12FP 0overnment 9ules of Kusiness 14?7, transfer of officers sho n in column 1 of the follo in* table shall be made b" the authorities sho n a*ainst each officer in column- thereof$
1& Efficers of the all Pakistan +nified 0roup i&e& G#0, PSP includin* Provincial Police Efficers in KPS-1? and above& Chief Secretar" in consultation ith 'stablishment Gepartment and Gepartment concerned ith the approval of the Chief #inister& -& Ether officers in KPS-15and above to be posted a*ainst scheduled posts, or posts normall" held b" the !P+0, PCS('0) and PCS(S0)& -do6& 8eads of !ttached Gepartments and other Efficers in K-14 L above in all the Gepartments& -do-

In t'e Secret ri t
1& Secretaries Chief Secretar" ith the approval of the Chief #inister& -& Ether Efficers of and above the rank of Section Efficers$ a) 2ithin the Same Gepartment b) 2ithin the Secretariat from one Gepartment to another& Secretar" of the Gepartment concerned& Chief secretar"MSecretar" 'stablishment&

6& Efficials up to the rank of Superintendent$ a) 2ithin the same Gepartment b) 3o and from an !ttached Gepartment c) 2ithin the Secretariat from one Gepartment to another Secretar" of the Gepartment concerned& Secretar" of the Gepartment in consultation ith 8ead of !ttached Gepartment concerned& Secretar" ('stablishment)

(iii) 2hile considerin* postin*Mtransfer proposals all the concerned authorities shall keep in mind the follo in*$ a) 3o ensure the postin* of proper persons on proper posts, the Performance 'valuation 9eportMannual confidential reports, past and present record of service, performance on post held presentl" and in the past and *eneral reputation ith focus on the inte*rit" of the concerned officersM officials be considered& b) 3enure on present post shall also be taken into consideration and the postin*Mtransfers shall be in the best public interest&
?1 !dded

vide +rdu circular letter 1o$ SE9-<% ('L!G)M1-.M-//7, dated 4-4--//7&

O(tsi"e t'e Secret ri t

?6

(iv) 0overnment servants includin* Gistrict 0ovt& emplo"ees feelin* a**rieved due to the orders of postin*Mtransfer authorities ma" seek remed" from the ne(t hi*her authorit" M the appointin* authorit" as the case ma" be throu*h an appeal to be submitted ithin seven da"s of the receipt of such orders& Such appeal shall be disposed of ithin fifteen da"s& 3he option of appeal a*ainst postin*M transfer orders could be e(ercised onl" in the follo in* cases& i) Pre-mature postin*Mtransfer or postin* transfer in violation of the provisions of this polic"& ii) Serious and *rave personal (humanitarian) *rounds& -& 3o streamline the postin*sMtransfers in the Gistrict 0overnment and to remove

an" irritantMconfusions in this re*ard the provision of 9ule -7 of the 1orth 2est Frontier Province Gistrict 0overnment 9ules of Kusiness -//1 read ith schedule [ %< thereof is referred& !s per schedule-%< the postin*Mtransferrin* authorities for the officersMofficials sho n a*ainst each are as under$6& !s

per 9ule -7(-) of the 9ules mentioned above the Gistrict Coordination Gepartment

shall consult the 0overnment if it is proposed to$ a) 3ransfer the holder of a tenure post before the completion of his tenure or e(tend the period of his tenure& b) 9e:uire an officer to hold char*e of more than one post for a period e(ceedin* t o months& .& % am further directed to re:uest that the above noted polic" ma" be strictl" observedM implemented& 7& !ll concerned are re:uested to ensure that tenures of the concerned officersMofficials are invariabl" mentioned in summaries submitted to the Competent !uthorities for Postin*M 3ransfer&
(!uthorit"$ ,etter 1o$ SE9-<%M'L!GM1-.M-//6 dated -.-B--//6)& S. No. Officers A(t'orit9 1& Postin* of Gistrict Coordination Efficer and '(ecutive Gistrict Efficer in a Gistrict& Provincial 0overnment& -& Postin* of Gistrict Police Efficer& Provincial 0overnment 6& Ether Efficers in KPS-15 and above posted in the Gistrict& Provincial 0overnment .& Efficial in KPS-1B and belo '(ecutive Gistrict Efficer in consultation ith Gistrict Coordination Efficer&
?.
?-

PLACEMENT POLIC5.

%n order to utili>e the e(pertise of the officers ho have received forei*n trainin* in various fields, the provincial 0overnment has decided to adopt the Placement Polic",

approved b" the Prime #inister of Pakistan, and make it a part of its Postin*M3ransfer Polic"& Placement Polic" is as follo s$i) !ll placements ould be made on the basis of merit and keepin* in vie the needs of the or*ani>ation& ii) 3he first priorit" in placement must *o the parent or*ani>ation of the participant from here the individual had applied& 3his ill be in consonance ith the concept of establishin* the C1eedD for the department and fulfillin* the need throu*h Ccapacit" buildin* for the or*ani>ation& iii) %n order to follo the Cbottom up approachD for Gevolution, the priorit" ithin departments must *o to the Gistricts, the Provinces and than the Federal 0overnment& iv) 3he second priorit" in placement should *o to up-*radin* the e(istin* trainin* %nstitution ithin the countr"& 3he kno led*e *ained b" the officers, ill be of immense value to brin* about a :ualitative chan*e in the trainin* institutions& 3he follo in* proposals are made in this re*ard$ a) Permanent postin* of an officer to the trainin* institutions for --6 "ears; b) 3emporar" attachment ith the trainin* intuitions for 6 to B months for some research project on helpin* in developin* case studies; c) 'armarked as a visitin* facult" member for specific subject& v) %ndividuals posted to their parent or*ani>ations ill also or*ani>e trainin* for their subordinates ithin the department, in order to transfer the kno led*e and brin* about a :ualitative chan*e internall"; vi) 3he 1ormal tenure of postin* as alread" provided in the polic" ould be ensured; vii) 1o participant should be allo ed to be posted on deputation to multinational donor a*encies for at least 7 "ears; viii) 1o participants ill declineMrepresent a*ainst hisMher postin*&
?-

Placement Polic"

has been made part of the postin*Mtransfer polic" vide +rdu circular 1o&SE9-<%('L!G)1-.M/B, dated 4---

-//5

?7

%t has been decided b" the Provincial 0overnment that postin*Mtransfer orders of all

the officers up to KS-14 e(cept 8eads of !ttached Gepartments irrespective of *rades ill be notified b" the concerned !dministrative Gepartments Competent !uthorit" obtained on the Summar"& 3he 1otificationsMorders should be issued as per specimen *iven belo for *uidance& !ll postin*Mtransfer orders of KS--/ and above and 8eads of !ttached Gepartments (8!G) shall be issued b" the 'stablishment Gepartment and the !dministrative Gepartments shall send approved Summaries to 'L! Gepartment for issuance of 1otifications&
SPECIMEN NOTIFICATION.

ith prior approval of the

GOVERNMENT OF N4FP
1!#' EF !G#%1%S39!3%<' G'P!93#'13 Gated Pesha ar,

1E3%F%C!3%E1 1E&TTTTT3he Competent !uthorit" is pleased to order the transfer of #r& TTTTTTTTTTTTT
Gepartment and to post him as in the interest of public service, ith immediate effect& C3IEF SECREAR5 GOVERMENT OF N4FP 'ndst& 1o& and date even& Cop" for arded 1& -& 6& .& =NAME> SECTION OFFICER A"ministr tive Dep rtment (!uthorit"$ ,etter 1o& SE ('-%) 'L!GM4-1-M-//B dated ---1---//B)
?B

3he competent authorit" has been pleased to direct that Para 1(v) of the Postin*M

3ransfer Polic" contained in this Gepartment letter 1o$SE9-% ('L!G) 1-1M?7 <ol-%%, dated 17----//6 shall stand deleted, authorities, competent under the 12FP 0overnment 9ules of Kusiness, 14?7 and the Gistrict 0overnment 9ules of Kusiness, -//1 or an" other rules for the time bein* in force, to make postin*Mtransfers of 0overnment servants, an" time durin* the "ear, in *enuinel" deservin* and necessar" cases, in public interest, subject to strict observance of all other provisions of postin*Mtransfer polic" contained and notified vide circular letter under reference& 8ence there ill be no ban on postin*Mtransfer of 0overnment Servants in an" part of the "ear hile carr"in* out postin*Mtransfers of 0overnment Servants& 3he authorities concerned ill ensure that no injustice hatsoever is caused to an" civil servant, public ork is not suffered and service deliver" is improved& % am therefore directed to re:uest that the provisions of postin*Mtransfer polic", as amended to the e(tent above, ma" kindl" be follo ed in letter and sprit in future so as to keep *ood *overnance standard in this re*ard&
(!uthorit"$ ,etter 1o$ SE9-<% ('L!G) 1-.M-//?M<ol-<%, dated 6-B--//?)&

ith immediate effect, conse:uentl" allo in* the

3he Chief #inister 12FP has directed that$i) Submission of summar" ould not be re:uired in case of mutual transfer& ii) Postin*Mtransfer shall be made accordin* to the polic"; iii) 0overnment Servants shall avoid direct submission of applications to the Chief #inister; iv) %n *enuinel" deservin* case, the" should approach the !dministrative Secretaries ho could process the case accordin* to polic"; v) %n case of direct submission of application to the Chief #inister Secretariat for Postin*M 3ransfer, the concerned 0ovt servants shall be proceeded a*ainst

under the prevalent rules and re*ulations&

(!uthorit"$ +rdu circular 1o; SE9-<%M'L!GM1-.M-//6, dated ?-B--//. L +rdu ,etter 1o$ SE9-<%M'L!GM#isc$ M-//7, dated 6-1--//B)

%t has been decided ith the approval of the competent authorit" that$i) #utual transfer ould be allo ed if both the concerned emplo"ees a*ree; e(cept the 0overnment Servants holdin* !dministrative posts; ii) 12FP 0overnment 9ules of Kusiness 14?7 shall be observed hile issuin* postin*Mtransfer orders&
(!uthorit"$ -+rdu circular letter 1o$ SE9 ('L!G)M1-.M-//7, dated 4-4--//7)

3he competent authorit" has decided that in order to maintain discipline, enhance performance of the departments and ensure optimum service deliver" to the masses, the approvedMprevalent polic" of the postin*Mtransfer shall be strictl" follo ed& 0overnment Servants violatin* the polic" and the 12FP 0ovt Servants (Conduct) 9ules 14?5 shall be
?5

proceeded a*ainst under the 12FP 9emoval from Service (Special Po ers) Erdinance -///& !s re:uired under the 12FP 0ovt 9ules of Kusiness 14?7, the !dministrative Secretaries shall ensure compliance ith the polic" and defaultin* officesMofficials be taken to task L entries to this effect shall be made in their P'9sM!C9s& %n case subordinate officers are orkin* on sites or proceedin* for the purpose of inspection, the" shall submit inspection 9eport to their !dministrative Secretaries& !dministrative Secretaries shall ensure submission of such reports&
(!uthorit"$ - +rdu circular 1o$ SE9-<% ('L!G)M1-.M/B, dated, -4-B--//5)
??

Postin2Ctr nsfer from FATA n" vice vers . % am directed to refer to the subject noted above and to state that the Centrall" !dministered 3ribal !reas ('mplo"eesH Status) Erder 145- (PresidentHs Erder 1o& 16 of 145-) provides that$

C1ot ithstandin* an"thin* contained in their condition of service, the emplo"ees shall from the appointed da", be the emplo"ees of the Provincial *overnment on deputation to the Federal 0overnment and shall ork under the overall administrative control of the Provincial *overnment, on the same terms and conditions of service as respects remuneration, leave and pension and the same ri*hts as respects disciplinar" matters or tenure of office as ere applicable to them immediatel" before that da"; provided that the emplo"ees shall not be entitled to deputation allo ance for their service after the appointed da"D& -& !ccordin* to the Postin*M3ransfer Polic" of the Provincial 0overnment, the 0overnor 12FP and the Chief Secretar" 12FP are the competent authorities for postin*Mtransfer of Civil Servants in KS-1? and above and up to KS-15 respectivel"& 3he polic" prescribes t o "ears normal tenure of postin* in F!3!& Similarl", it is obli*ator" for all the Provincial 0overnment emplo"ees ho have been selected a*ainst Rone-%MF!3! Ouota to compulsoril" serve in F!3! for at least ei*hteen months& 6& %t is evident from the above that emplo"ees servin* in F!3! are under the administrative control of the Provincial 0overnment& 8o ever, after establishment of F!3! Secretariat, it and the F!3! Secretariat so that public service deliver" does not suffer due to fre:uent reshufflin* of staff ithout kno led*e of that Secretariat& .& 3akin* co*ni>ance of fre:uent postin*Mtransfer of officersMofficials from F!3! to settled areas and vice versa b" the respective Gepartments consultation ith the F!3! Secretariat, it vide as emphasi>ed on all the !dministrative Gepartments, ithout prior as felt imperative to have linka*e bet een the Provincial Gepartments

circular letter 1o SE('-%) 'L!GM4-1-BM-//BM<ol-%% dated -Bth Fanuar", -//5 that the said Secretariat should invariabl" be consulted before issuin* orders of Posin*M3ransfer of 0overnment Servants from and to F!3!& 8o ever, the F!3! Secretariat have fre:uentl" conve"ed their apprehensions that these instructions are not bein* follo ed, and at times a ver" embarrassin* situation for the F!3! Secretariat is created as shorta*e of staff hich becomes a serious issue in the prevailin* la and order situation in F!3!& 7& %n vie of above, it is reiterated that$(i) !ll Provincial 0overnment Gepartments are directed to move proposals for postin* out of an emplo"ee from F!3! onl" hen a substitute is proposed in the same case& (ii) En consent from the F!3! Secretariat and approval of the proposal b" the competent authorit", the substitute to F!3! ould invariabl" *ive his arrival for dut" before the emplo"ee bein* transferred out of F!3! is relieved&
?4

ork suffers due to

(iii) Provincial 0overnment Gepartments ma" not accept the arrival report of an emplo"ee transferred out of F!3! till his proper relievin* order is issued b" the F!3! Secretariat& (iv) 3he !ccountant 0eneral (P9) is also re:uested that ,ast Pa" Certificate of an emplo"ee transferred out of F!3! but not relieved properl" b" the F!3! Secretariat ma" not be issued in an" circumstances& (v) %nstruction issued vide letter 1o&SE ('-%) 'L!G M4-1-BM-//BM<oll-%% dated -Bth Fanuar", -//5 (:uoted in Para-. above) should be follo ed strictl"& (vi) 1o 1EC in respect of transfer from F!3! to settled area issued b" an" 8ead of ,ine Gepartment of F!3! Secretariat should be accepted& Enl" those 1ECs, hich have been issued b" the !dministration L

Coordination Gepartment, F!3! Secretariat, should be considered& (vii) 3enure of Civil Servants must be kept in vie postin*Mtransfer or considerin* postin*sMtransfers& (viii) 1o 1ECHs should be issued in respect of emplo"ees in KS-1-17 ho is from a*enc" cadre and in hose respect Political !*ent and !*enc" officer have been declared as appointin* authorities& (i() Persons appointed in a*enc" cadre, if appointed in the settled areas ill resi*n from service in F!3! and ill resume service in settled arrears as a fresh candidate& (() 1ECs ma" be issued in respect of emplo"ees of the Provincial cadres i&e& KS-1B and above onl" after completion of their normal tenure and the" shall not be transferred out of F!3! unless their substitutes are provided simultaneousl"& B& %t is re:uested that the above Polic" ma" be follo ed in letter and spirit, in further, in public interest&
( !uthorit"$ 1o& SE9-<%M'L!GM1-.M-//?-<ol$<l% Gated Pesha ar, 6/th #arch, -//4 )

hile issuin* 1EC for

C' n2e in po#ic9 to fi## v c nt posts in FATA to ens(re )etter '(m n reso(rce m n 2ement % am directed to refer to the subject and to state that the competent authorit" has been pleased to make follo in* chan*es to the postin*Mtransfer Polic" of the Provincial 0overnment in respect of candidates selected from Rone-% (F!3!$a) 'ver" civil servant recruited a*ainst Rone-% b" Public Service Commission shall directl" report to F!3! Secretariat& ! cop" of the joinin* report shall be submitted b" the recruited officer to F!3! Secretariat ho shall endorse it to the concerned administrative department in the Provincial 0overnment& 3he F!3! Secretariat shall arran*e medical and securit" clearance and thereafter submit a case throu*h the respective administrative department seekin* approval of the appointin* authorit"& 3he appointment letter shall be issued b" F!3! Secretariat
4/

on behalf of the respective administrative department& Postin* orders shall also be issued b" F!3! endorsin* copies to the respective department here personal file of the civil servant is to be maintained& 3his arran*ement shall be confined to

recruitments made in KS-1B and 15 but shall e(clusive P#S& b) %n case of disciplinar" action, hile the appointin* and appellate authorities shall remain the same char*e sheetsMstatement of alle*ations and sho cause shall be prepared b" F!3! Secretariat and submitted in the form of a summar" throu*h 'stablishment Gepartment& ,eave accounts and 0P Fund ithdra als shall also be dealt b" F!3! Secretariat based on the codal formalities as observed b" the Provincial 0overnment Gepartments& c) Copies of all necessar" orders in respect of such officersMofficials made b" F!3! Secretariat shall be endorsed to respective administrative departments for record&
( !uthorit"; letter 1o&SE9-<%M'L!GM1-1/M-//4, dated 6/th Ful", -/1/ )
41

G(i"e#ines for tr nsferCpostin2 of N i) Te'si#" rsC Po#itic # N i) Te'si#" rs C Assist nt Po#itic # A2ents. % am directed to refer to the subject and to sa" that the competent authorit" has been pleased to approve the follo in* *uidelines for postin*M transfer of 1aib 3ehsildarsMPolitical 1aib 3ehsildarsM!ssistant Political !*ents$i& 3he proposal ill be initiated b" the respective Political !*ent or GCE and addressed to the concerned commissioner& %f there is no disa*reement the proposal ill be for arded to F!3! Secretariat for further processin*& ii& %n case of disa*reement, Commissioner ill tr" to find a consensus candidate in consultation ith Political !*ent or GCE& 8o ever, if disa*reement continues F!3! Secretariat ill make the final decision& iii& Political !*entMGCE ill ensure that hile proposin* the officer for transferMpostin* all the stakeholders have been consulted, particularl" the ,'!s ho are conductin* active operations in the tribal belt these da"s& iv& %t should be ensured that the officers are not posted to the same appointments repeatedl"; and that the proposal is purel" based on merit and has not been influenced b" the outside elements& v& 3he service profile of the proposed officer needs to be attached ith ever" proposal& vi& Postin* of officer from 8ard area to Soft area or vice versa should be one of the factor in determinin* the suitabilit"& vii& ! routine tenure ma" be respected& 8o ever, due to the current situation in F!3! there are

cases of burnt out due to continuous emer*ent duties& %n such circumstances an officer ma" be recommended for posin* before the normal tenure& viii& Political 3ehsildars (P3)M1aib 3ehsildars (13) ill not sta" in the same division for more then five "ears continuousl" and ma" onl" be posted back to the same Givision after servin* minimum of three (6) "ears in an" other Givision&

-& %t is re:uested that above *uidelines ma" be follo ed in letter and spirit, in future, in public interest&
(!uthorit"; letter 1o& SE9-<%M'L!GM1-.M -/1/M<ol-<%%%, Gated 1/th Februar", -/1/)

Inter Provinci # Tr nsfer !ttention is invited to 9ule-? of the 12FP, Civil Servants(!ppointment, Promotion and 3ransfer) 9ules,14?4 to 17 and 1B and above are permissible subject to the fulfilment of conditions laid do n in the aforesaid rule& 8o ever, in most of the cases, the re:uests for %nter-Provincial 3ransfers are not strictl" scrutini>ed in the li*ht of the aforesaid rules hich creates not onl" embarrassment for the SL0!G but also causes dela"s in finali>in* of such cases&
4-

here under %nter-Provincial 3ransfers of emplo"ees in KPS 1

-& 2hile e(aminin* cases, it has been noticed that inter-provincial transfer results in an over all increase of officials in the 12FP, hich is a*ainst the do nsi>in* polic" of the 0overnment& 3he un-emplo"ment situation in 12FP is more acute than in an" other province& ,ar*e scale transfers of officials from other provinces ould also deprive the people of 12FP from emplo"ment in other Provinces& %t ma", therefore, be necessar" to restrict the inter-provincial transfers to ver" e(ceptional cases humanitarian *round e(ists or re:uired& 6& %t is re:uested that the provisions of 9ule-? of the 12FP Civil Servants (!ppointment, Promotion and 3ransfer) 9ules, 14?4 ma" be observed strictl" hile recommendin* cases of inter-provincial transfers, of ith full justification for consideration here technical e(pertise, hich is not available in the province, is here a stron*

the competent authorit"&

(!uthorit"$SL0!G=s letter 1o&SE9%(SL0!G)---5M?B, dated 1&11&1445)
46

I"entific tion of Un ttr ctiveC3 r" Are s po#ic9K % am directed to refer to the subject and to sa" that the Provincial Cabinet in its meetin* held on 6/th #arch, -/1/ inter-alia approved the follo in* for the purpose of Postin*M 3ransfer Polic"$1& 3he distinction bet een unattractiveMhard areas should be done a a" ith and both should be labeled as +nattractive areas& -& '(istin* list of F!3! areas be retained& 6& 3he follo in* areas ere recommendedMapproved to constitute unattractive areas in 12FP$a& Qohistan Gistrict& b&3ank Gistrict& c& Chitral Gistrict& d&Katt*ram Gistrict& e& Shan*la Gistrict& f& 8un*u Gistrict& *&P!3! areas of #ansehra (Qala Ghaka) Ten(re of postin2. i& 3he erst hile normal tenure of - "ears be retained& ii& '(istin* tenure for unattractive areas be retained& 8o ever, in case of married civil servants, transfer should be made just at the be*innin* of school session and tenure should be one "ear instead of 1&7 "ear, so that academic disruptions are avoided& iii& !t the time of entr" in service, all civil servants be asked to *ive . options from unattractive areas& iv& !fter a stint of service in unattractive area, emplo"ees ma" be offered option to serve in district of choice&
(!uthorit"; letter 1o& SE9-<%M'L!GM1-.M -/1/M<ol-<%%%, Gated, 1/th !pril, -/1/) 4.

4EST PALISTAN CIVIL SERVICES

=APPLICATIONS FOR POSTS> RULES*+,6-. %n e(ercise of the po ers conferred b" sub-clause(b) of clause(-)of !rticle 1?- of the Constitution of Pakistan and in supersession of all previous orders on the subject, the 0overnor of 2est Pakistan, is pleased to make the follo in* rules/0 1& S'ort tit#e/0 3hese rules ma" be called the 2est Pakistan Civil Services (!pplications for Posts)9ules,1475& -& E#i2i)i#it9/0 1o 0overnment Servant shall be eli*ible for appointment to an" service of the Province or to an" post in connection ith the affair of the Province, other than the service of the post to hich he is for the time bein* appointed, unless he applies ith the permission, in ritin* of the head of office or department in hich he is emplo"ed& 6& App#ic tion for competitive e1 min tions/0%f an" 0overnment servant applies for permission and is other ise eli*ible to appear at a competitive e(amination to be held b" a Provincial (or the Central) Public Service Commission, his application shall be for arded$ (a) al a"s, if it is in connection ith an e(amination for recruitment to a ministerial service; and (b) t ice, but not more than t ice, if it is in connection ith an" other e(amination& .& Re#e se on Se#ection for Appointment to post for :'ic' pp#ic tion ' s )een for: r"e"/02hen a person hose application has been for arded to the appointin* authorit" or a Public Service Commission in accordance ith these rules, is selected for appointment, he shall ordinaril" be released& 7& App#ic tion m "e )efore Moinin2 Government Service/0%f an" person, ho before appointment to an" service of the Province or to an" post in connection ith the affairs of the Province, has appeared at an" competitive e(amination or has applied for a post else here and is, as a result, offered a post hi*her than the one to hich he is for the time bein* appointed, he shall be released to join such service or post& B& Emp#o9ment in ot'er Dep rtments of Government or (n"er not'er

Government/0! 0overnment servant shall not appl" for an" appointment in another office or department of 0overnment or under another 0overnment unless the head of such office or department or such other 0overnment has invited applications for the post, provided that in the case of an appointment for 0overnment servant ma" inform the authorit", hich makes the appointment, b" a letter submitted throu*h the appointin* authorit" of his o n post or service, that he ishes his name to be considered& 5& Tempor r9 Government serv nts/0 %f a temporar" 0overnment servant (other than an !ccountant or Steno*rapher)or emplo"ee of the 8ealth, %rri*ation, 'lectricit" or Kuildin* and 9oad Gepartment ho is not likel" to be emplo"ed permanentl" in the office or department in application shall not be ithheld&
47

hich applications are not ordinaril" invited, a

hich he is emplo"ed, applies for a permanent post else here his

?& Perm nent Government Serv nts n" Cert in Tempor r9 Government Serv nts/0 ! permanent 0overnment servant emplo"ed in an" service of the Province, ho is not covered b" an" of the fore*oin* rules and a temporar" !ccountant, Steno*rapher or emplo"ee of the 8ealth, %rri*ation, 'lectricit" or Kuildin* and 9oad Gepartment ma" ordinaril" be permitted to appl" t ice, and not more than t ice, in an" calendar "ear for a post to appear in an e(amination for a post or for the transfer of his services to a post in the Central 0overnment or a Statutor" Corporation constituted b" the 0overnment of 2est Pakistan or an" other Provincial 0overnment or the Central 0overnment, unless the head of that office or department in hich he is emplo"ed considers that the *rant of permission

ould be inconsistent ith the public interest& 4& Circ(mst nces in :'ic' "v nce copies of pp#ic tion m 9 )e sent/0Erdinaril" an application for a post in respect of hich selection is to be made b" a Provincial (or the Federal Public Service Commission)shall be accompanied b" permission in ritin* of the authorit" referred to in 9ule(-)& 2hen ho ever, there is likelihood that the last date prescribed for the submission of applications ill e(pire before such permission can be obtained an advance cop" ma" be submitted to the Commission& 3he candidature of such applicant rules& %n the event of such permission not bein* *ranted, the Public Service Commission concerned ill be informed immediatel" of the decision, so that the Commission ma" cancel the candidature of the applicant& 1/& App#ic tion for 'i2'er post in t'e service or "ep rtment/0%f a 0overnment Servant, Pakistan Public Service Commission, time bein* emplo"ed or in a hi*her service of the same nature, his application shall not be ithheld& 1/!& App#ic tion for service in Loc # )o"ies/0! permanent 0overnment servant emplo"ed in an" service of the Province to an" post in connection ith the affairs of the Province, and a temporar" !ccountant, Steno*rapher or emplo"ee of the 8ealth, %rri*ation, 'lectricit" or Kuildin* and 9oads Gepartment ma" ordinaril" be permitted to appl" for service under ,ocal bodies unless the head of the office or Gepartment in hich he is emplo"ed considers the *rant of permission interest& 11& App#ic tion for priv te emp#o9ment/0(1) ! 0overnment servant shall not appl" or accept private emplo"ment, ithout the previous permission, in ritin* of the appointin* authorit"& ould be inconsistent ith the public hich is included in the same service in hich he is for the hether permanent or temporar", applies for a post advertised b" the 2est ill be treated as provisional until permission has been accorded under these

(-) !n application for permission to appl" for private emplo"ment shall not be entertained unless the appointin* authorit" is satisfied, that no such emplo"ment havin* been secured, the resi*nation of the applicant can be accepted ithout detriment to the public service& (6) %f a 0overnment servant ho is refused permission to appl" for private emplo"ment competent to accept his resi*nation, subject to an" *eneral or special la ma" ordinaril" accept the resi*nation but, here the authorit" is satisfied that the 0overnment
4B

ishes to resi*n his appointment under the 0overnment, the authorit" or order on the subject,

servant in securin* the private emplo"ment has taken advanta*e of his official position, it shall not accept the resi*nation& (.) ! 0overnment servant ho is permitted to appl" for private emplo"ment, must, on acceptin* it, resi*n his appointment under 0overnment& !fter such acceptance, he shall not be allo ed an" leave, nor shall be permitted to retain his lien on his appointment under 0overnment&
(!uthorit"$ 2&Pak&1o&S9%M1.-75,dated -B&.&1475)
45

M rri 2es :it' Forei2n N tion #s S'ort tit#e* pp#ic tion n" commencement. (1) 3hese rules ma" be called the 0overnment Servants (#arria*e ith Forei*n 1ationals) 9ules, 14B-& (-) 3he" shall appl" to ever" person ho is a member of an !ll-Pakistan Service or ho is servin* in a Civil capacit" in connection ith the affairs of the Federal 0overnment, but shall not appl" to an" person ho is emplo"ed on contract& (6) 3he" shall come into force at once& -& Definitions-- %n these rules, unless there is an"thin* repu*nant in the subject or conte(t/0

(a) )Forei*n 1ational) means a person ho is not a citi>en of Pakistan; (b) )0overnment Servant) means a person in the service of Pakistan to hom these rules appl" hether such person is, for the time bein* on forei*n service or not, (c) )#arria*e) means matrimonial relationship entered into in accordance ith la for the time bein* in force or an" reli*ious rites or ceremonies, and its *rammatical variations and co*nate e(pressions shall be construed accordin*l"& (d) (omitted)& 6& M rri 2e :it' forei2n n tion #s pro'i)ite" /0 (1) ?6Subject to the provisions of sub-rules (-), a 0overnment Servant ho marries or promises to marr" a forei*n national shall be *uilt" of misconduct and render himself liable to an" of the major penalties under the 0overnment Servants ('fficienc" and Giscipline) 9ules, 1456& (-) ! 0overnment servant ma", ith the permission of the Federal 0overnment, marr" or promises to marr" a #uslim citi>en of %ndia& (6) 3he *rant of permission under sub-rule (-) shall be at the discretion of the Federal 0overnment and ma" be subject to such conditions if an", as it ma" specif"& .& S(persession of previo(s r(#es* notific tions etc. 0000 3hese rules shall supersede all previous rules, notifications and instructions relatin* to the conditions of marria*e of a 0overnment servant&
?6

!mended vide 'stablishment Givision=s 1otification 1o&-M5M?1-G-%<, dated -B&7&14?1, as published in

the 0a>ette of Pakistan ('(tra Erdinar") dated -5&7&14?1&

4?

T'e 4est P !ist n Government Serv nts =Restrictions on M rri 2es :it' Forei2n N tion #s> R(#es*+,7. S'ort tit#e* commencement n" pp#ic tion/0(1) 3hese rules ma" be called the 2est Pakistan 0overnment Servants (9estrictions on #arria*es ith Forei*n 1ationals) 9ules,14B6

(-) 3he" shall come into force at once& (6) 3he" shall appl" to all 0overnment servants under rule makin* authorit" of the 0overnor of 2est Pakistan other than the persons emplo"ed on contract basis& -& Definition/0 %n these rules, unless the conte(t other ise re:uires, the follo in* e(pression shall have the meanin*s hereb" respectivel" assi*ned to them, that is to sa"(a) )Forei*n national) means a person ho is not a national of Pakistan& (b) )0overnment) means the 0overnment of 2est Pakistan; (c) )0overnment servants) means a 0overnment servant to hom these rules appl"; (d) )#arria*e) means the matrimonial relationship entered into in accordance ith an" la for the time bein* in force or in accordance ith an" reli*ious, rites or ceremonies and its *rammatical and co*nate e(pressions shall be construed accordin*l"; and (e) )#isconduct) shall have the same meanin* as assi*ned to it in the 2est Pakistan 0overnment Servants ('fficienc" and Giscipline) 9ules,14B/& 6& Pro'i)ition on m rri 2es :it' forei2n n tion #s/0 Save as provided in rule ., a 0overnment servant of mis-conduct and shall be liable to be removed from service& .& Permission to m rr9 %ndia& (-) 3he *rant of permission under sub-rule(1) shall be at the sole discretion of 0overnment and shall be subject to such conditions, if an", as ma" be specified b" 0overnment&
S1ote$- 3his concession is also e(tended to the nationals of Kan*ladesh vide 12FP 1otification 1o&SE9%(SL0!G).-1M?/(<ol&%%%), dated -1&7&45 (!uthorit"$ ,etter 1o&-M5M?1-G-%<, dated the 6/th Ful", 14?1, from 0ovt& of Pakistan Cabinet Secretariat ('stablishment Givision)&
44

ho marries or promises to marr" a forei*n national shall be *uilt"

citiNen of In"i /0 O(1) ! 0overnment servant ma", ith the ho is a citi>en of

prior permission of 0overnment marr" or promise to marr" a person

MARRIAGE 4IT3 FOREIGN NATIONALS ;5 T3E

GOVERNMENT SERVANTS % am directed to state that an amendment has since been made in the 0overnment Servants (#arria*e ith Forei*n 1ationals) 9ules, 14B-, vide 'stablishment Givision=s 1otification 1o&-M5M?1-G-%<, dated -B&7&14?1, as published in the 0a>ette of Pakistan ('(traordinar") dated -5&7&14?1, vide S9E-.45(i)M?1, that no 0overnment servant is allo ed to marr" a forei*n national, e(cept a #uslim citi>en of %ndia ith prior permission of the 0overnment& -& %t has been decided that /0 (a) 3hese 9ules shall be e:uall" applicable to the emplo"ees of the Provincial 0overnments, autonomous bodies of Federal and Provincial 0overnments and the taken-over or*ani>ations& (b) '(ceptions ma" be made in the case of officers ho are servin* autonomous bodies on contract basis& (c) 3he statutor" bodies like the State Kank of Pakistan etc& ma" be advised to adopt the 0overnment Servants (#arria*e ith Forei*n 1ationals) 9ules, 14B- as amended, for bein* made applicable to their emplo"ees& (d) For marr"in* a #uslim citi>en of %ndia, the authorities to *rant prior permission in consultation ith the concerned PoliceM %ntelli*ence a*encies, shall be the follo in* /0 (i) 'stablishment Givision in the case of all 0overnment Servants in the Federal 0ovt& (ii) Secretaries of the Provincial Services and 0eneral !dministration Gepartments, in respect of Provincial Civil Servants and the !P+0 Efficers servin* in Provinces& (iii) 8eads of autonomous and taken-over or*ani>ations, either under the Federal or Provincial 0overnments, in respect of their o n emplo"ees& (iv) Cases of 0overnment servants servin* in the autonomous bodies shall be referred to their respective 0overnment& 6& Provincial 0overnments, and #inistriesMGivisions in the Federal 0overnment, are re:uested to take action accordin*l",

.& 3his cancels the 'stablishment Givision=s E&#& 1o&BM?MB6-G-%%, dated 1?&B&14B7&
1//

S(rp#(s Poo# Po#ic9 Po#ic9 for "ec# rin2 2overnment serv nts s s(rp#(s n" t'eir s()seE(ent )sorptionC "M(stment. % am directed to refer to the subject noted above and to sa" that the Provincial 0overnment has been pleased to make the follo in* polic" for absorptionMadjustment of 0overnment Servants declared as surplus in vie of the transition of Gistrict S"stem and resultant re-structurin* of the 0overnment Er*ani>ationsMGepartments etc& 1& PE2'9 2%38 9'0!9G 3E 38' G'C,!9!3%E1 EF PES3S !S S+9P,+S& 3he Finance Gepartment in consultation ith Gepartment concerned and ith the approval of competent authorit" particular or*ani>ation, set up or individual post as redundant or inessential& -& C9'!3%E1 EF S+9P,+S PEE, 3here ill be a surplus pools cell in the 'L!G& !fter abolition of such posts in the concerned department, dul" notified b" the Finance Gepartment, e:ual number of posts in the correspondin* basic pa" scales of pa" and allo ances etc b" the emplo"ees declared surplus as such& 6& %#P,'#'13!3%E1M#E1%3E9%10 C',, For the purpose of coordination and to ensure proper and e(peditious adjustmentM absorption of surplus staff, the 0overnment of 12FP has been pleased to constitute the follo in* committee$a& !dditional Secretar"('stablishment) 'L!GVVChairman& b& Geput" Secretar" ,0L9G GepartmentVVVV#ember c& Geput" Secretar" Finance GepartmentVVVV&#ember d& Geput" Secretar"('stablishment) 'L!GVVV&Secretar" .& C9%3'9%! FE9 G'C,!9%10 ! 0E<'91#'13 S'9<!13 !S S+9P,+S !S ! 9'S+,3 EF !KE,%3%E1 EF PES3& ould be created in the 'L!G for the purpose of dra l ould decide ith re*ard to the declaration of a

Conse:uent upon the abolition of a post in a particular cadre of a department, the junior most emplo"ee in that cadre ould be declared as surplus& Such posts should be abolished in the respective departments and created in the surplus pool as indicated in para above for the purpose of dra l of pa" and allo ances and also for consideration for subse:uent adjustment& 7& P9EC'G+9' FE9 !GF+S3#'13 EF S+9P,+S '#P,EN''S 1ot ithstandin* an"thin* contained in an" other la , rules or re*ulation to the contrar", for the time bein* in force, the follo in* procedure for the adjustment of surplus staff ould be follo ed$(a) Kefore transferrin* an emplo"ee to the surplus pool, he should be *iven option b" the concerned department&
1/1

(i) to proceed on retirement ith normal retirin* benefits under the e(istin* rules; E9 (ii) to opt for readjustmentMabsorption a*ainst a future vacanc" of his statusMKPS hich ma" not necessaril" be in his ori*inal cadreM department& (b) 3hose ho opt for retirement ould be entitled for usual pension and *ratuit" accordin* to the e(istin* 0overnment Servants Pension and 0ratuit" 9ules of the Provincial 0overnment& 3hose ho opt for absorptionMre-adjustment, a cate*or"- ise seniorit" list ill be caused in the surplus pool for their *radual adjustment a*ainst the future vacancies as and hen occurred in an" of the 0overnment Gepartments& 3hese adjustments shall be on seniorit"-cum-fitness basis& For this purpose, the seniorit" list ill be caused cate*or"- ise ith reference to their respective dates of appointment in the cadre& %n case here dates of appointment of t o or more persons are the same, the person older in a*e shall rank senior and shall be adjusted first& (c) !djustment shall be made on vacant post pertainin* to initial recruitment

:uota from those in the surplus pool in the follo in* manner$(i) %n case of occurrence of vacancies in their correspondin* posts in an" 0overnment GepartmentM Er*ani>ation, the senior most emplo"ee in the surplus pool should be adjusted first& (ii) %n case of cross cadre adjustment, the persons ith such minimum :ualification as prescribed in the relevant Service 9ules for the post in :uestion shall be adjusted keepin* in vie their seniorit" position& (iii) %f an emplo"ee possesses the basic academic :ualification but lacks the professionalMtechnical :ualification, he ma" be adjusted a*ainst such post subject to impartin* the re:uisite trainin*& (iv) (a) 3he surplus emplo"ees holdin* such posts hich fall to promotion :uota in about all the Gepartments, he shall remain in the surplus pool till the availabilit" of a post in the parent department& E9 (b) 2here no e:uivalent post is available the civil servant ma" be offered a lo er post in such manner, and subject to such conditions, as ma" be prescribed and here such civil servant is appointed to a lo er post the pa" bein* dra n b" him in the post immediatel" precedin* his appointment to a lo er post shall remain protected& (v) ?.%n case an emplo"ee alread" adjusted a*ainst a lo er post is declared surplus a*ain, he shall re*ain his ori*inal pa" scale& (vi) ?7 Surplus emplo"ees, ho voluntaril" opt, ma" be allo ed adjustment in !utonomousMSemi-autonomous bodies ith the concurrence of these bodies, here the job is pensionable& 3he 0overnment ill pa" pension contribution for the period the" rendered re*ular service under the 0overnment&
?. Sub ?7 Sub

para c (v) added to para 7 vide circular letter 1o&SE9<%('L!G)7-1M-//7, dated 17&-&-//B& para c (vi) added to para 7 vide circular letter 1o&SE9<%('L!G)7-1M-//7, dated 61&7&-//B&

1/-

(d) %f no suitable person is available in the surplus pool to be adjusted a*ainst the vacantMrevised post, such a post ould be filled up b" initial recruitment

manner after *ettin* clearance from the 'L!G& (e) ?BSurplus Staff in KPS-/1 to 17 shall not be adjusted in the district other than their district of domicile& (f) 3o facilitate the adjustment of surplus staff, it ill be incumbent upon the !dministrative Gepartment to take up the case ith Finance Gepartment for revival of the essential posts so retrenched as a result of *eneral directive issued b" Finance Gepartment from time to time, *ivin* co*ent reasonsM justification& !*ainst the resultant revivalMrestoration of the post, the concerned Gepartment ill place a re:uisition on the 'L!G for transferrin* of suitable surplus emplo"ee a*ainst the said post& (*) +nless the surplus emplo"ees in Class-%< are full" adjustedM absorbed a*ainst their respective *raded posts in various 0overnment GepartmentsM Er*ani>ations, the *eneral polic" of the Finance Gepartment re*ardin* conversion of KPS-1 L - posts to posts in fi(ed salar" X 9s&-///M- per month for contractual appointed should be restricted to the above e(tent& B& F%;!3%E1 EF S'1%E9%3N 3he inter-se seniorit" of the surplus emplo"ees after their adjustment in various Gepartments ill be determined accordin* to the follo in* principles$(a) %n case a surplus emplo"ee could be adjusted in the respective cadre of his parent Gepartment he shall re*ain his ori*inal seniorit" in that cadre& (b) %n case, ho ever, he is adjusted in his respective cadre but in a Gepartment other than his parent Gepartment, he shall be placed at the bottom of seniorit" list of that cadre& (c) %n case of his adjustment a*ainst a post in a correspondin* basic pa" scale ith different desi*nationMnomenclature of the post, either in his parent Gepartment or in an" other department, he ill be placed at the bottom of seniorit" list& (d) ?5%n case of adjustment a*ainst a post lo er than his ori*inal scale, he shall be placed at the top of seniorit" list of that cadre, so as to save him from bein* rendered surplus a*ain L becomin* junior to his juniors&

?B (6)

Sub para (e) added to para 7 vide circular letter 1o&SE9<%M'L!GM7-1M-//7, dated 14&1&-//5& para d added to para B vide circular letter 1o& SE9<%('L!G)7-1M-//7, dated 17&-&-//B

?5 Sub

1/6

1E3'$%n case the officerMofficial declines to be adjustedMabsorbed in the above manner in accordance ith the priorit" fi(ed as per his seniorit" in the inte*rated list, he shall loose the facilit"Mri*ht of adjustmentMabsorption and ould be re:uired to opt for pre-mature retirement from 0overnment service Provided that if he does not fulfill the re:uisite :ualif"in* service for premature retirement he ma" be compulsoril" retired from service b" the competent authorit"& 5& CE#P'3'13 !+38E9%3N 3E 1E3%FNME9G'9 !GF+S3#'13M!KSE9P3%E1& !fter the transfer of services of surplus emplo"ee to a Gepartment for adjustmentMabsorption a*ainst a vacantMrevived post, the Competent !uthorit" to notif"Morder his absorptionMadjustment, shall be the respective appointin* authorit" under the relevant rules for the post& Provided that the decision of adjustmentMabsorption of surplus emplo"ees b" the 'L!G shall be bindin* upon the respective appointin* authorities&
(!uthorit"$ letter 1E&SE9-%('L!G)1--//M4?, Gated ?th Fune, -//1)

Decision of t'e meetin2 of c'ief secret r9 :it' "istrict coor"in tion officers* on t'e iss(e of s(rp#(s poo#. % am directed to refer to the subject noted above and to sa" that a meetin* as held on .&?&-//1 in the Cabinet 9oom Civil Secretariat under the Chairman of Chief Secretar", 12FP to discuss the issues relatin* to adjustment of emplo"ees rendered surplus due to restructurin* of the 0overnment Gepartments and Gevolution of Po er Plan, -///& 3he follo in* decisions ere taken in the said meetin*$i) !dministrative Gepartments ma" reconsider adjustments alread" made a*ainst the available posts at Gistrict level& 3he *uidin* principle for revie in* the adjustment ould be aimed at avoidin* dislocation of the emplo"ees to the possible e(tent&

ii) 3he GCEs ill maintain the surplus pool of the emplo"ees, declared surplus in the Gistrict cadres and their subse:uent adjustment a*ainst the vacant posts (Gistrict Cadres)& %t must be ensured that onl" the junior most emplo"ees in the scale in the cadre be declared surplus& !t the sta*e of adjustment of Class%< posts, the senior most be adjusted first& 8o ever, for the other posts besides seniorit", the back*round of the individual and re:uisite e(perience of the posts shall be kept in vie & 3he surplus pool of Givisional cadres be maintained b" the GCEs posted at divisional head:uarters& iii) 3he surplus pool of the emplo"ees of the 8ead Effices be maintained b" the 8ead of the concerned !ttached Gepartment& Geclarin* emplo"ees surplus and their subse:uent adjustment be made strictl" accordin* to the spirit of the polic" of the Provincial 0overnment issued vide circular letter 1o&SE9% (SL0!G)1--//M4?, dated ?&B&-//1&
1/.

iv) 3he surplus pool of the Secretariat be maintained b" the 'stablishment Gepartment in consultation ith the Gepartment concerned& v) 3he salaries of the surplus emplo"ees be disbursed throu*h their relevant offices for the time bein*& vi) %t as also felt that the sanctioned staff for the office of GCE and other offices is not sufficient& 3he ministerial staff has no appropriate tiers for the purpose of control and promotion i&e& Senior Clerk and Superintendent etc& 3he post of Cho kidarM S eeper does not e(ist in the office of GCEs and other offices& 'ven the other re:uired staff does not meet the bare minimum& 3he GCEs ill, therefore, for ard the re:uired proposal for consideration of Finance Gepartment& 3he bud*et for the same can be arran*ed from the available savin*s due to phasin* a a" of ma*istrac" etc& vii) 3he ,9L9G Gepartment ma" reconsider the adjustment of the emplo"ees of the ,ocal Council Koard, so as to find out hether an" such emplo"ees have been adjusted a*ainst the re*ular 0overnment posts funded from the Provincial Consolidated Fund& viii) For adjustment of re*ular Class-%< (KS 1- .) 0overnment Servant in surplus

pool, Finance Gepartment ma" consider conversion of fi(ed pa"M contract posts into re*ular& -& %t is re:uested that decisions taken durin* the meetin* held on .&?&-//1 ma" kindl" be implemented b" all concerned in letter and spirit and compliance report be furnished accordin*l"&
(!uthorit"; letter 1E&SE9-%(SL0!G)1--//M4? (<ol&%), Gated 16th !u*ust, -//1)
1/7

ProMect Po#ic9 Po#ic9 2overnin2 ppointment 2 inst proMect posts. %n pursuance of the provisions of Section--7 of the 12FP Civil Servants !ct, 1456 and in supersession of all instructions issued previousl" on the subject from time to time, the competent authorit" has been pleased to approve the follo in* polic" for compliance b" all concerned in order to re*ulate appointments to posts in approved development projects under the 0ovt& of 1orth 2est Frontier Province& (1)& S8E93 3%3,' !1G CE##'1C'#'13& (i) 3his polic" ma" be called the C12FP polic" re*ulatin* appointment to posts in development projectsD& (ii) %t shall appl" to all posts in the approved development projects funded full" or partiall" b" the Provincial 0overnment or controlled b" the Provincial 0overnment& (iii) %t shall come into force at once and shall not effect the terms and conditions of the staff alread" orkin* in the projects& (-)& 1E#'1C,!3+9', P!N SC!,' M P!N P!CQ!0' EF 38' PES3S& (i) !s far as possible, nomenclature of the posts should be such that e(ists in the re*ular service cadres of the Gepartment and for hich service recruitment rules have alread" been prescribed& (ii) 3he educational :ualification, e(perience, L a*e limit, scale of post, pa" packa*e, duration of appointment and responsibilities etc of each post sanctioned for the project shall be prescribed in the PC-%& %n case the :ualification, e(perience L a*e limit are not *iven in the PC-%, then this re:uirement shall be completed b" the !dministrative Gepartment in an objective a"&

(iii) Fi(ed pa" packa*e for project posts shall be sanctioned at the time of approval of PC-% ith reference to the responsibilities attached ith the post& !ppro(imate fi(ed packa*e ith reference to various pa" scales shall be as under$S.P P 9 Sc #e Fi1e" S # r9 1& Posts e:uivalent to KS 1-. 9s&5,///M-& Posts e:uivalent to KS 7-1/ 9s&1/,///M6& Posts e:uivalent to KS 11-1B 9s&17,///M.& Posts e:uivalent to KS-15 9s&-7,///M7& Posts e:uivalent to KS-1? 9s&./,///MB& Posts e:uivalent to KS-14 9s&B/,///M5& Posts e:uivalent to KS--/ 9s&?/,///M?& Posts e:uivalent to KS--1 L above 9s&1,//,///M1/B

(6)& P9EC'G+9' 3E F%,, 38' PES3& %f the competent authorit" decides to make appointment to a project post throu*h initial recruitment, the follo in* procedure shall be follo ed$(i) !pplications for the posts shall be invited throu*h ide publicit" in the print media& 3he advertisement shall be published in at least t o leadin* ne s papers havin* ide circulation as ell as throu*h official ebsite& (ii) ! reasonable time not less than fifteen da"s ma" be *iven in the advertisement invitin* applications for the posts to provide ade:uate opportunit" to eli*ible candidates to appl" and to ensure ma(imum competition& 8o ever, in ur*ent cases, time for invitin* applications should not be less than seven da"s from the date of publication of the advertisement& %n case the last date for receipt of applications falls on a public holida", the last date shall stand e(tended to the ne(t orkin* da"& (iii) 3he terms and conditions for appointment particularl" the nomenclature of the post, pa" scale or pa" packa*e, duration and nature of appointment, duties and responsibilities as ell as station of dut" etc should be clearl" advertised& (iv) !pplications received for the post shall be scrutini>ed b" the short listin* committee constituted for the purpose&(Para-?) 3he scrutin" ill be carried out in the li*ht of record furnished b" the applicant ith particular reference to his

academic :ualification, e(perience, professional skills, a*e limits and other conditions advertised for the post& (v) 3he concerned department ill prepare the lists of :ualified and eli*ible candidates ho ill be called for test and intervie b" the concerned Selection Committee& 9easonable time ma" be *iven to the candidates to appear for intervie & 3he names of those candidates ho do not appear for intervie shall be dropped from the selection process& (vi) Selection Committee (Para-5) shall intervie the :ualified and eli*ible candidates and shall dra a merit list on the basis of academic :ualification, e(perience, professional skills, and other conditions as ell as marks obtained in the intervie & (vii) 3he list containin* order of merit of the candidates must be si*ned b" the members of the Committee includin* its chairman and for arded to the Secretar" of the department concerned to process case for approval of appointin* authorit"& (viii) 3he appointin* authorit" shall approve appointment, in order of merit, on the recommendations of the Selection Committee and orders in this re*ard shall be issued accordin*l"& %n case, the first candidate on the merit list does not join service ithin a period of one month, offer of appointment ma" be e(tended to the ne(t candidate on the merit list&
1/5

(i() Staff appointed b" initial recruitment in a project shall not be entitled to pension or CP fund& 3he" shall also not be treated as a Ccivil servantD& (() Project emplo"ees ill receive medical allo ance as per medical attendance rules of the Provincial 0overnment& ((i) 3he" shall be entitled to 3!MG! in accordance ith the 3! rules of the Provincial 0overnment& (.)& G'P+3!3%E1 EF C%<%, S'9<!13S 3E P9EF'C3 PES3S& %n case the competent authorit" decides to fill a post b" a" of transfer of a re*ular civil servant on deputation basis, the procedure laid do n in para*raph belo shall be follo ed$-

(i) %n case the post carries a definite pa" scale and the competent authorit" decides to fill the post on deputation basis, from amon*st the civil servants holdin* re*ular appointment in the same pa" scale, a demand ill be placed ith the lendin* department to place the services of the civil servant concerned at the disposal of the Korro in* Gepartment& (ii) 3he ,endin* Gepartment ill consider the proposal and ill normall" allo the transfer of the civil servant on deputation basis& 3he lendin* department ma", ho ever, re*ret the proposal in the e(i*enc" of service and in public interest& (iii) Civil servants appointed a*ainst project posts on deputation basis shall receive project allo ance e:ual to one basic salar" in lieu of deputation allo ance& (iv) %n case of deputation of a Civil Servant to a project hich is full" funded b" the Provincial 0overnment, the pension contribution ill not be a liabilit" on the project and the Provincial 0overnment ill continue to make its pa"ment& 8o ever, in other cases and modes of deputation, the procedure in vo*ue re*ardin* pensionar"M leave and other service liabilities of the civil servant shall be follo ed& (v) Gurin* deputation, the Civil Servant ma" ordinaril" vacate the officiall" allotted residential accommodation& %n case the" ant to retain it, the" shall pa" house rent to the 0overnment at market rates as prescribed b" the 0overnment from time to time& (vi) Civil Servants ho are in receipt of housin* subsid" shall be entitled for the said facilit" even after their postin* in a project& (vii) 3he initial period of deputation shall be three "ears e(tendable for another t o "ears on completion of hich the deputationist shall be repatriated to his parent department&
1/?

(7)& !PPE%13#'13 EF C%<%, S'9<!13S 3E P9EF'C3 PES3S 389E+08 CE#P'3%3%E1& (i) !n" Civil Servant holdin* appointment on re*ular basis and

possessin* the minimum :ualification, e(perience and fulfillin* other conditions advertised, ma" appl" for a project post throu*h proper channel& (ii) %n case of shorta*e of time, a Civil Servant ma" for ard an advance cop" of the application for the post and simultaneousl" submit application to the departmental authorit" for permission hich ma" be furnished before intervie s for the post are held& %f the" could not produce departmental permission at the time of intervie , the" shall not be intervie ed or considered for appointment to the post& (iii) 3he department concerned of the Civil Servant shall process herMhis application in time and ma" for ard the same to the :uarter concerned& (iv) %n case the Civil servant is appointed to the post in open competition, sheMhe shall obtain e(tra ordinar" leave before joinin* the project provided heMshe is entitled for 'E, as per the 12FP Civil Servants (9evised ,eave) 9ules, 14?1& #oreover, sheMhe shall relin:uish char*e after relievin* b" the competent authorit" so that herMhis pensionar" and other service liabilities are not accumulated a*ainst the 0overnment for service rendered as such in the project& (v) Civil servants passin* throu*h probationar" period and those holdin* appointment on contract basis ma" appl" for such posts but in case of their appointment, the" shall resi*n from *overnment service& (vi) En joinin* the project post on availin* '(tra-Erdinar" ,eave (,eave ithout pa") the Civil servant ma" vacate *overnment residential accommodation allotted to herMhim in case the project station is not the same in hich official residence has been provided to him& %f sheMhe ants to retain it, sheMhe shall pa" 8ouse 9ent to the 0overnment at market rate accordin* to the prescribed procedure& (vii) En completion of the project or its conversion into current bud*et, the services of the Project staff appointed on contract basis shall stand terminated& 8o ever, 0overnment Servants servin* in the project on deputation basis or on 'E, ( ithout pa") basis shall be repatriated to

their parent department& (viii) Performance 'valuation 9eports of the 0overnment Servant shall be ritten b" the concerned authorities durin* his appointment in the project on deputation basis&
1/4

(B)& C9%3'9%! FE9 S','C3%E1& a& ! candidate for appointment to a project post must possess the prescribed minimum educational :ualification and e(perience and the" must be ithin the a*e limits advertised for the post& b& ! candidate shall be a citi>en of Pakistan havin* domicile of 12FP or F!3!& 8o ever, in case of a post re:uirin* hi*hl" 3echnical and Professional :ualification and e(perience, the appointin* authorit", ith the approval of the ne(t hi*her authorit", ma" appoint a candidate domiciled of an" other province or area& c& Selection ill be made purel" on merit to be determined b" the selection committee on the basis of academic :ualification, e(perience etc in accordance ith the follo in* Criteria$A. Minim(m prescri)e" ?( #ific tion/0
1& For 0eneral Cadre Professional Posts Ist $n" .r" Tot # M r!s 7& (i) #atric B/ .7 6B (ii) #atric 6/ -1 1? F&!MF&Sc& 6/ -1 1? (iii) #atric -/ 17 1F&!MF&Sc& -/ 17 1K&!MK&Sc& -/ 17 1(iv) #atric 17 11 /4 F&!MF&Sc& 17 11 /4 K&!MK&Sc& 17 11 /4 #&!M#&Sc& 17 11 /4 -& For Professional Posts (i) For Four '(amination$ Ist $n" .r" %st Professional 17 1- /4 -nd Professional 17 1- /4

6rd Professional 17 1- /4 Final Professional 17 1- /4 (ii) For 3hree '(aminations& Ist $n" .r" %st Professional -/ 1B 1/ -nd Professional -/ 1B 1/ 6rd Professional -/ 1B 1/ (iii)8i*her Oualification Ene step / 5 #arks 3 o steps / 1/ #arks ;. E1perience =in t'e re#ev nt fie#" +.6 m r!s per 9e r> 17 #arks (#a(imum marks $ 17) C. Intervie:0 / ? #arks
11/

D. Tr inin2 co(rse$ #inimum three months trainin* in the relevant field from a +niversit"M%nstitution reco*ni>ed b" the 8'C or an" Koard of 3echnical 'ducation or an" trainin* institute established b" the Federal 0overnment or an" Provincial 0overnment $ 5 #arks a& 3he character and antecedents of the candidate shall be verified before appointment on contract, e(cept in case of the 0overnment servants in hose case their !C9sMP'9s that the" obtained before their appointment shall be considered& b& 3he candidate for appointment should be medicall" e(amined b" the Standin* #edical Koard or the Civil Sur*eon, as the case ma" be, e(cept the 0overnment servants& c& !*reement for contract appointment dra n on the proforma, attached here ith, shall be si*ned, itnessed and placed on record& (5)& CE#PES%3%E1 EF S','C3%E1 CE##%33''S& 9ecruitment to the project posts shall be made on the recommendations of Selection Committees& Composition of Selection Committee for appointment to posts in different pa" scales or e:uivalent posts ill be as under$a) For posts in KS-14 and above or e:uivalent posts&
(1) !dditional Chief Secretar", 12FP& Chairman (-) Secretar" 'stablishment or his nominee not belo the rank of !dditional Secretar"&

#ember (6) Secretar" Finance or his nominee not belo the rank of !dditional Secretar"& #ember (.) For 3echnical posts, an e(pert from the 3echnical Gepartments or public Sector +niversit" ma" be associated ith the Committee& #ember (7) 9epresentative of PLG not belo the rank of !dditional Secretar"& #ember (B) Secretar" of the concerned sponsorin* Gepartment& #emberM Secretar"

b) For posts in KS-15 upto KS-1?&

(1) Secretar" of the Gepartment& Chairman (-) 9epresentative of the 'stablishment or his

nominee not belo the rank of Geput" Secretar"&

#ember (6) 9epresentative of the Finance or his nominee

not belo the rank of Geput" Secretar"&

#ember (.) %n case of technical posts, an e(pert from

3echnical Gepartments or public Sector +niversit" ma" be associated ith the Committee&
#ember (7) 9epresentative of PLG not belo

the rank of

Geput" Secretar"&
#ember (B) Project GirectorM !dditional Secretar" or

Geput" Secretar", if there is no !dditional Secretar" in the Gepartment&

#emberM Secretar"
111

c) For posts in KS-1 to 1B&

(1) Project Girector& Chairman

(-) !dditional Secretar" or Geput" Secretar" of the concerned department& #ember (6) 9epresentative of the 'stablishment Gepartment& #ember (.) 9epresentative of Finance Gepartment& #ember (7) 9epresentative of the Project Girector& Secretar"

(?)& S8E93,%S3%10 CE##%33''& (a) 3o facilitate the Selection Committees a Short-,istin* Committee ith the follo in* composition ill shortlist the candidates on the basis of their academic :ualification, past e(perience , a*e limits and other conditions advertised for the post$(i) For the post of Project Girector
1& !dministrative Secretar" concerned Chairman -& !dditionalMGeput" Secretar" of concerned Gepartment #ember 6& 9epresentative of 'stablishment Gepartment not belo the rank of Geput" Secretar"& #ember .& 9epresentative of Finance Gepartment not belo the rank of Geput" Secretar"& #ember 7& 9epresentative of PLG not belo the rank of Geput" Secretar"& #ember (ii) For

other posts&

(1) Project Girector Chairman (-) !dditional Secretar" or Geput" Secretar" of the Gepartment concerned& #ember (6) 9epresentative of the 'stablishment Gepartment not belo the rank of Geput" Secretar"& #ember (.) 9epresentative of Finance Gepartment not belo the rank of Geput" Secretar"& #ember 7& 9epresentative of PLG not belo the rank of

Geput" Secretar"& #ember

b& !fter thorou*h scrutin" of record, onl" :ualified and eli*ible candidates shall be called for intervie & (4)& !PPE%13%10 !+38E9%3%'S& Project Girector ould e(ercise the po ers of appointin* authorit" for posts in and e:uivalent to KS 1-1B, hereas !dministrative Secretar" concerned ould be appointin* authorit" for all posts e:uivalent to KS-15 and above& 8o ever, approval of the Chief #inister, 12FP shall be obtained, if deputation of !dministrative Secretar" or 8ead of !ttached Gepartment to the Project posts is involved& (1/)& 3'9#%1!3%E1 EF S'9<%C' E1 CE#P,'3%E1 EF P9EF'C3& (i) ! project emplo"ee shall ork a*ainst that post for hich sheMhe as recruited and shall not be transferred to an" other post in the project or at an" other station&
11-

(ii) ! project emplo"ee shall also not be transferred to an" other project under the same department M 0overnment& (iii) %f the performance of the emplo"ee is found unsatisfactor", hisMher services shall be terminated on fifteen da"s notice or pa"ment of fifteen da"s salar" in lieu of notice& %n case of a 0overnment Servant, heMshe ma" be repatriated to their parent department& (iv) !t the time of appointment each emplo"ee shall *ive an undertakin* to the effect that durin* the emplo"ment, the" shall be held responsible for the losses (accruin* to the project due to them and shall be held ans erable therefore)& (v) En completion of the project, the services of the project emplo"ees shall stand terminated& 8o ever, the" shall be re-appointed on need basis, if the project is e(tend over an" ne phase or phases& (vi) %n case the project posts are converted into re*ular bud*etar" posts, the posts shall be filled in accordin* to the rules prescribed for the post throu*h the Public Service Commission or the Gepartmental Selection Committee, as the case ma" be& '(-project emplo"ees shall have no ri*ht of adjustment a*ainst the re*ular posts& 8o ever, if eli*ible, the" ma" also appl" and compete for

the posts ith other candidates& (11)& RE1!, !,,EC!3%E1 FE9#+,!& 3he Ronal !llocation Formula shall not appl" to project posts& -& %t is re:uested that this polic" ma" kindl" be circulated amon*st all concerned for strict compliance&
116

AGREEMENT
3his a*reement is made on thisTTTTTTTTTTTda" ofTTTTTTTTTTTTTT(3 o thousand, andTTTTTTTTTTTTTTT) bet een 0overnor of the 1orth-2est Frontier Province (hereinafter referred to as the 0overnment) actin* throu*h TTTTTTTTTTTTTTTTTTTTTTTTTTTTon the E1' P!93 referred to as the emplo"ee) on the E38'9 P!93; 28'9'!S the 0overnment has a*reed to emplo" the 'mplo"ee and the 'mplo"ee has a*reed to serve the 0overnment asTTTTTTTTTTTTTTTTTTTTon the terms and conditions hereinafter mentioned; 1E2 these present itnesses and the parties hereto respectivel" a*ree as follo s$1& Subject to clause 4, the emplo"ee shall serve the 0overnment asTTTTTTTTTTTTTTin the project underTTTTTTTTTTTTTTTTGepartment for a period ofTTTTTTTTTTTTT"ears commencin* from the date of assumption of char*e of the post& -& 3he 'mplo"ee shall----(a) devote hisMher hole-time to perform hisMher duties asTTTTTTTTTTTTin theTTTTTTTTTProject; (b) carr" out such administrative functions in relation to hisMher duties as the 0overnment ma", from time to time, assi*n to himMher; (c) submit himselfMherself to the la ful orders of the 0overnment and of the officers and authorities under hom hisMher services ma" be placed and TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT(hereinafter

from time to time, durin* the currenc" of this !*reement; and (d) proceed, henever re:uired, to such part of Pakistan and perform such duties relatin* to hisMher appointment as the 0overnment ma" specif"& 6& (a) For the services rendered, the 'mplo"ee shall be entitled to receive pa" as ma" be prescribed in the project polic"MPC-% and shall not be entitled to earn an" annual increments durin* his contractual appointment& 3he pa" of the 'mplo"ee shall commence from the date of hisMher assumption of char*e of the post and cease on the date of termination of this a*reement or on termination of hisMher services for an" reason, hichever ma" be earlier& (b) 3he 'mplo"ee shall, if re:uired to travel in the public interest be entitled to receive travelin* allo ance at such rate as ma" be prescribed, and (c) 3he 'mplo"ee shall not, unless permitted b" the 0overnment, indul*e in private practice, nor shall he indul*e, directl" or indirectl", in an" trade, business or occupation, and in an" political activit" hatsoever, other than his obli*ations under this !*reement& .& %n the event of misconduct as defined in the 12FP 0overnment Servants Conduct 9ules 14?5 or breach of an" of the terms and conditions specified herein or in the PC-% or Project Polic" on the part of project emplo"ee, e(cept deputationist or those 0overnment Servants ho joined the project on '(tra Erdinar" ,eave (,eave ithout pa"), a fact findin* in:uir" shall be conducted& %f char*es are proved hisMher services shall be terminated,
11.

besides recover" in case of pecuniar" loss to the project& 3he appointin* authorit", in such cases, shall be the competent authorit" in respect of the project staff, other (,eave ithout pa")& %f a deputationist or those ho join the project on '(tra Erdinar" ,eave (,eave ithout pa"), are involved in misconduct or breach of terms and condition or cause pecuniar" loss to the project, the" shall be repatriated to their parent department ith proposed action, recover" and penalt" hich shall be decided b" their

respective competent authorities& 7& %f the performance of the emplo"ee is found unsatisfactor", hisMher services shall be terminated on fifteen da"s notice or pa"ment of fifteen da"s salar" in lieu of notice& %n case of a 0overnment Servant, he ma" be repatriated to hisMher parent department& B& 3he 'mplo"ee shall be held responsible for the losses accruin* to the Project due to his carelessness or in efficienc" and shall be recovered from him& 5& 3he emplo"ee shall be entitled for 3!MG! in accordance ith the 3! rules of the 1orth-2est Frontier Province, 12FP& ?& 3he 'mplo"ee shall not be entitled to an" pension or *ratuit" for the service rendered b" him; 4& 'ither part" to this a*reement ma" terminate the a*reement b" *ivin* to the other part" fifteen da"s notice in ritin* of its intention to do so and on the e(piration of such notice this a*reement shall be terminated$ Provided that here no notice is served or served of a shorter period, the defaultin* part" shall pa" to the other part" an amount e:ual to the pa" of the emplo"ee for the period of fifteen da"s or for such period b" hich the notice falls short, as the case ma" be$ 1/& En completion of project, the services of the emplo"ee shall be terminated& 8e ma", ho ever, be re-appointed if an" phase of the project is there& 11& Stamp Gut", if an", on this instrument shall be borne b" the emplo"ee& %n itness hereof the saidTTTTTTTTTTTTTTTTTTTTTTTT andTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT on behalf of the 0overnment have hereinto set their hands first above ritten& Si*ned b" TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT %n the presence ofJ 2itness 1& TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT -& TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT Si*ned b" TTTTTTTTTTTTTTTTTTTTTTTTTTTT %n the presence ofJ

2itness 1& TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT -& TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT

(!uthorit"; letter 1o& SE9-<%M'L!GM1--7M-//5 Gated -nd Ful" -//?) 117

Amen"ments in t'e po#ic9 2overnin2 ppointment 2 inst proMect posts. % am directed to refer to the subject noted above and to state that polic" *overnin* appointment to project posts, issued vide this Gepartment letter of even number, dated Ful" /-, -//? has been partiall" modified as follo s, to be applicable immediate effect to approved projects funded or partiall" b" the 0overnment of 12FP or controlled b" the Provincial 0overnment, for the ne as ell as the on-*oin* projects& (a) 3he lump sum pa" packa*e for freshMdirectl" recruited staff ill be as belo ith 7U annual increment upto the ma(imum$Sl KSM':uivalent Pa" Per mensum 1& -- 9s&17/,/// to -//,/// -& -1 1-7,/// to 17/,/// 6& -/ 1//,/// to 11?,/// .& 14 57,/// to 4/,/// 7& 1? 7/,/// to 57,/// B& 15 .7,/// to 7/,/// 5& 1B 6/,/// to 67,/// ?& 11-17 17,/// to -7,/// 4& 7-1/ 1/,/// to 17,/// 1/& 1-. 5,/// to 1/,///

ith

(b) 3he civil servants on deputation to projects, on full time basis, ill *et pa" in their o n pa" scales and allo ances plus deputation allo ance at the rate of -/U of the basic pa" subject to ma(imum 9s&B///M-per month, and the follo in* Project !llo ance$KS !mount p&m& -/ [ -- 7/,/// 14 ./,///

15 [ 1? 6/,/// 1B 17,/// 11 [ 17 ?,/// 7 [ 1/ .,/// 1 [ . -,///

(c) 3he directl" recruited project emplo"ees ill be appointed on contract basis for an initial period not e(ceedin* t o "ears hich ill be e(tendable further till completion of the project on "earl" basis after evaluation of their performance& (d) 3he 0overnment servants ho are assi*ned additional char*e of the posts of projects ill be allo ed !ddition Char*e !llo ance at the rate of -/U of the basic pa" subject to ma(imum 9s&B///M- per month, in addition to their normal pa" and allo ances of their re*ular posts& 3he" ill not be entitled to Project !llo ance&
11B

(e) %f an emplo"ee of the project is selected on a post on the non-development side in the prescribed manner, he ill be appointed at the initial sta*e of the relevant Kasic Pa" Scale, and his pa" and service rendered in the project shall not be protectedMcounted for an" purpose includin* pa", pension and seniorit" etc& (f) Gurin* deputation to a project post, the Civil servant ma" ordinaril" vacate the officiall" allotted residential accommodation& %n case he ants to retain it, he shall pa" house rent to the *overnment X .7U of the basic pa" last dra n b" him as ell as 7U maintenance char*es thereon accordin* to the prescribed procedure& 3he same ill appl" if a civil servant is appointed on a project post throu*h direct recruitment and the *overnment residential accommodation officiall" allotted to him earlier is in the same station as his station of dut" under the project& (*) 3he initial period of deputation ill be three "ears e(tendable for another t o "ears or till the project life, hichever is earlier& (h) ! civil servant ill not be considered for deputation to a project post unless he has successfull" completed the initial as ell as e(tended period of probation& 8e ill also not be considered for deputation unless a period of at least . "ears has elapsed after his return from last deputation to a project& (i) 3here ill be a Provincial Project Selection Committee and a Gepartmental

Project Committee for recommendin* deputation of civil servants to project posts strictl" on merit keepin* in vie the job relevance, e(perience and service record& 3he constitution of the committee shall be as under$a& Provincial Project Selection Committee (for KS-15 L above posts)&
i& !dditional Chief Secretar" 12FP Chairman ii& Secretar" 'stablishment 12FP #ember iii& Secretar" Finance 12FP #ember iv& Secretar" PLG 12FP #ember v& Secretar" of concerned Geptt& (e(-officio #ember)

b& Gepartmental Project Selection Committee (for KS-1B L belo posts)

i& Secretar" of the concerned Gepartment Chairman ii& 9epresentative of 'stab Gepartment #ember iii& 9epresentative of Finance Gepartment #ember iv& 9epresentative of PLG Gepartment #ember

-& 3he polic" contained in this Gepartment letter of even number, dated Ful" /-, -//? shall stand amendedMmodified to the above e(tent&
(!uthorit"; letter 1o& SE9-<%M'L!GM1--7M-//5 Gated 15th Ect& -//?)
115

Po#ic9 2overnin2 ppointment to proMect posts Q proce"(re for meetin2 of se#ection. %n continuation of this Gepartment letter of even number, dated 15th Ectober -//? on the subject noted above % am directed to sa" that the procedure for submission of cases to the Provincial Project Selection Committee (PPSC) or Gepartmental Project Selection Committee (GPSC) for selection of civil servants to project posts on deputation basis has been e(amined& %t has been decided that on receipt of re:uisition for deputation of a civil servant to a project post, his administrative department services of the civil servant concerned be lent for the project post or not& %f he can be spared for deputation to project post, the Gepartment concerned 2orkin* Paper for consideration of the PPSC or the GPSC, as the case ma" be, hich ma" be circulated amon* all members three da"s before the meetin*& Subse:uentl", notice of the ill prepare a self-contained ill decide hether the

meetin* and orkin* paper ill be issued to all members after obtainin* approval of the Chairman of the PPSC or GPSC, as the case ma" be& 3he alia, contain the follo in*$i) Provisions of PC-% containin* details of post includin* pa" packa*e etc& of the post, life of project and relevant e(tract of PC-%; ii) !cademic :ualification of the officer proposed for deputation, trainin* received and research ork done, if an"; iii) Service histor" includin* present pa" scale, cadre of officer and important posts held b" him ith assi*nments; iv) #ode of appointment of officer to post presentl" held (i&e& initial recruitment or promotion); and hether probation period after appointmentMpromotion has been completed or not; v) !n" disciplinar" proceedin*s initiated a*ainst the officer, if so, the outcome thereof; vi) 2hether livin* in 0overnment or in a privateM o n house; vii) 1ature of dut" attached ith the project post and relevance of the previous assi*nments of the officer ith the post to hich deputation is proposed; viii) Stations of dut" (in present post and after proposed deputation) i() 2hether previousl" served in a project on deputation basis and if so period of sta" and other details; and ho much period has lapsed since his repatriation from the last project assi*nment; () 0radin* of P'9sM!C9s for the last five "ears& (i) !n" other information hich ma" be helpful in disposal of the case b" the PPSC& -& %n vie of time constraints, ho ever, approval b" circulation ma" be considered subject to prior approval of Chairman PPSC or the GPSC as the case ma" be&
(!uthorit"; letter 1o& SE9-<%M'L!GM1--7M-//5 Gated -6rd Ect& -//?)
11?

orkin* paper should, inter

Po#ic9 2overnin2 ppointment 2 inst proMect posts. % am directed to refer to the subject and to sa" that it has been observed that

the Project Polic" circulated b" 'stablishment Gepartment vide letter 1o&SE9<%M'L!GM1-7M-//5 dated -nd Ful", -//? and amended subse:uentl" vide letter 1o&SE9<%M'L!GM1-7M-//5 dated 15-1/--//? is not bein* follo ed b" the Provincial !dministrative GepartmentsMtheir Subordinate Effices, resultin* in uncalled for liabilities for the 0overnment& 3he e*re*ious breaches of the Project Polic" are enumerated as under$a) Continuation of the service of contract appointees for an indefinite period& b) Geduction of 0P Fund contribution from their salaries and depositin* pension contribution for them& c) 3ransferrin* such emplo"ees from one project post to another, and even postin* them a*ainst re*ular and permanent posts& d) !llo in* such emplo"ees to avail facilities and per:uisites to hich the" are not entitled to, in contravention of the provisions of their respective contracts& e) 9evisin* and e(tendin* the completion period of projects for the continuation of emplo"ment of contract appointees& f) #akin* ad hoc appointments a*ainst project posts pendin* appointments throu*h prescribed process and then not follo in* the defined procedure, thus allo in* the ad hoc emplo"ees to continue& -& %t is therefore re:uested that the instructions contained in the Project Polic" be complied ith in letter and spirit and all concerned also be directed to ensure strict compliance of the prescribed Project Polic"& 6& !n" violation of the Project Polic", shall render the concerned officer liable to be proceeded a*ainst for misconduct&
(!uthorit"; letter 1o& SE9-<%M'L!GM1--7M-//? <ol-%%, Gated 1st Fanuar", -/1/)
114

Dep(t tion Po#ic9 % am directed to refer to the subject noted above and to state that in supersession of all polic" instructions in this behalf, the Provincial 0overnment have revised

the polic" on deputation abroad of 0overnment servants follo s$1& P9EC'G+9!, #'C8!1%S#MC9%3'9%!

ith immediate effect, as

(i) Enl" 0overnment Servants holdin* appointments on re*ular basis and havin* rendered 6 "ears service or more ill be eli*ible to appl" for deputation abroad& 3he 0overnment servants shall not be allo ed to seek emplo"ment or trainin* ith the private bodies inside or outside Pakistan either on their o n or throu*h the Kureau of 'mi*ration and Everseas 'mplo"ment or Everseas 'mplo"ment Corporation of Pakistan, such an act bein* violative of the provisions of the 12FP 0overnment Servants (Conduct) 9ules 14?5& 3he" should appl" onl" a*ainst posts under the forei*n 0overnments, +1 a*encies and forei*n 0overnmentsH reco*ni>ed donor a*encies hich are en*a*ed in development pro*ramme in Pakistan like, 2orld Kank, !sian Gevelopment Kank, %GK, +S!%G, GF%G, 03R, F%C!, !Q Foundation etc& (ii) 3he intendin* civil servant ill appl" for the post throu*h proper channel to his administrative department on advertisement of the postsM services in time so that his case could be properl" processed& (iii) %n vie of short time for processin*, the intendin* 0ovt& servant ma" for ard an advance cop" of his application simultaneousl" to the borro in* a*enc" and parent department for seekin* departmental permission throu*h proper channel& Cop" of the application alon* ith bio-data of the selected 0ovt servants should be sent to the Kureau of %mmi*ration for record, if approved, b" the competent authorit"& (iv) !pplications of the civil servants concerned shall be processed b" the administrative department and if the applicant is found eli*ible for the postM position advertised, departmental permission ma" be *ranted b" the administrative department concerned& %t is ho ever, clarified that administrative department for the Secretariat staff, officers of the PCS('0), PCS(S0) is the 'stablishment Gepartment& !pplications of !P+0 officers and P&S&P& ill be for arded to the 'stablishment Givision %slamabad throu*h 'stablishment Gepartment, 0overnment of 12FP&

(v) En receipt of application ith offer of appointment, the administrative department concerned shall process the case and finali>e its recommendations and for ard the case to the concerned Special Selection Koard (SSK) as indicated in the succeedin* para*raphs ithin a period of one eek& %n case of shorta*e of time, applications should not be processed and the applicants be informed accordin*l"& (vi) 3he Gepartment concerned shall relieve the concerned emplo"ee in time to enable him to take up his ne assi*nment ithout dela"& (vii) Period of deputation shall commence from the date of relievin* of the emplo"ee and terminate on resumption of dut"& (viii) 3he person concerned shall have the ri*ht to retain his lien for a ma(imum of three "ears, if he is a permanentMconfirmed emplo"ee& (i() 1o 0overnment servant shall be allo ed to convert hisMher 'E,M,eave e(Pakistan into deputation abroad&
1-/

(() 'ach orkin* paper for the SSK ould re:uire specific recommendations of the !dministrative Secretar" ho is also a member of the SSK& 2hile recommendin* cases for approval of the SSK, the !dministrative Secretar" ould ensure that attested copies of the follo in* documents have been attached ith the orkin* paper& 1& Photocop" of the advertisement& -& Prescribed :ualifications and e(perience alon* ith the :ualification and e(perience of the applicant ith photocopies of de*reesMcertificate& 6& Photocop" of the appointment offer& .& Photocop" of the application and letter under hich application as for arded to the corporation& 7& Complete s"nopsis from the !C9s of the civil servants concerned& B& Clarification hether the selectee holds a re*ular post or is an ad hoc or contract appointee& %n case of re*ular emplo"ees it should be clarified as to hether his service is pensionable or is entitled to C&P& fund&

5& ! certificate to the effect that no judicialMdepartmental or 1ational !ccountabilit" KureauM 9e*ional !ccountabilit" Kureau en:uir" is pendin* a*ainst him& ?& CertificateMclearance of %ntelli*ence Kureau& -& CE139%K+3%E1 3E2!9GS S'9<%C' ,%!K%,%3%'S 3erms L conditions ith re*ard to contribution to ards service liabilities, leave, medical facilities etc& shall be settled in advance as re:uired under Finance Gepartment letter 1o&SES9-%%%(FG)5- 161M56, dated 1st !pril, 14?.& 3he Finance Gepartment shall make necessar" amendments in the relevant instructions if needed& !fter completion of deputation the deputationist 0overnment servant shall be re:uired to submit the copies of pension contributionMfund contribution challan and forei*n e(chan*e ith char*e assumption& %n case of non submission of these documents hisMher char*e assumption shall not be accepted b" the competent authorit"& 6& P'9%EG EF G'P+3!3%E1 #a(imum period of deputation ill be initiall" e:ual to the approved tenure of appointment of the borro in* international a*enciesMforei*n 0overnments, subject to rene al if initial period is less than five "ears& !n" e(tension in deputation ill be considered onl" hen the deputationist ill produce attested photo copies of challans sho in* details of funds deposited on account of PensionM Contributor" Provident FundM 0eneral Provident Fund, Kenevolent Fund and 0roup %nsurance etc in Forei*n '(chan*e& .& ';3'13%E1 %1 G'P+3!3%E1 P'9%EG K'NE1G F%<' N'!9S& 3ime limit of five "ears ill be e(tendable in case of Goctors, ,ecturersM3eachers and 'n*ineers on the re:uest of concerned 0overnment servant and his emplo"er& 8o ever, name of a civil servant on deputation be"ond 7 "ears shall be removed from the seniorit" list and shall be kept on the static list& 8eMshe shall not claim promotionMseniorit" over an" junior ho ma" be promoted durin* the period heMshe remains on deputation be"ond five "ears& 8eM she shall be considered for promotion after hisMher repatriation and earnin* one P'9 for full "ear and ill be assi*ned
1-1

seniorit" in the hi*her post onl" from the date he assumes char*e of hisMher post& 3he

deputationist shall have to appl" throu*h parent department three months in advance for e(tension in the deputation period, if permissible& 1o re:uest for e(-post facto approvalM retrospective e(tension shall be entertained at an" level& 7& 9','<!1C' 3E 38' FEK& 3he recommendin* and competent authorities ould ensure that the appointment abroad of an intendin* deputationist is relevant to his job in the parent department so that, besides accruin* financial benefits, heMshe ould improve skillsMe(pertise and deliver more efficientl" on repatriation from forei*n service& B& 9'CE##'1G%10 KEG%'S ! Special Selection Koard (SSK), under the Chairmanship of Chief Secretar" 12FP, shall recommend cases of deputation in respect of officers in K-15 and above& Cases of emplo"ees in KS-1B and belo , on the Secretariat stren*th ill be considered b" the SSK headed b" Secretar" 'stablishment hereas cases of other emplo"ees in K-1B and belo shall be submitted to the SSK headed b" the !dministrative Secretar" concerned for clearance and on ard transmission to the emplo"er& Composition of Special Selection Koard is as under$(a) SP'C%!, S','C3%E1 KE!9G FE9 EFF%C'9S %1 KPS-15 L !KE<'& 1) Chief Secretar" 12FP Chairman -) Sec"$ 'stablishment #ember 6) !dmn$ Secretar" concerned #ember .) Geput" Sec"$('stt) 'L!G Secretar"& (b) SP'C%!, S','C3%E1 KE!9G FE9 EFF%C'9S %1 KPS-1B L K',E2 FE9 S'C9'3!9%!3 EFF%C%!,S& 1) Secretar" 'stablishment Chairman -) Geput" Sec"$('stt) 'L!G #ember 6) G"& Secretar" (S9) Finance Geptt$ #ember .) Section Efficer('-%<) Secretar" (c) SP'C%!, S','C3%E1 KE!9G FE9 E38'9 38!1 S'C9'3!9%!3 EFF%C%!,S %1 KS-1B L K',E2& 1) !dministrative Secretar" concerned Chairman -) 8eads of !ttached Geptt$ concerned #ember

6) G"& Secretar" (!dmn) concerned #emberMSecretar" 5& CE#P'3'13 !+38E9%3%'S 3he competent authorities to approve deputation of civil servants abroad to forei*n service for officers in different Kasic Pa" Scales shall be as underS.No. C te2ories of Officers Competent A(t'orit9 1 Secretaries and 8eads of !ttached Geptt& Chief #inister 12FP - Efficers in KS-15 to KS-14 and other Efficers in KS--/ Chief Secretar" 12FP 6 'mplo"ees in KS-1B and belo on Secretariat stren*th Secretar" 'stablishment . Ether emplo"ees in KS-1B and belo !dmn& Secretar" concerned
1--

?& S+9'3N KE1G 3he concerned 0overnment servant shall e(ecute a Suret" Kond at least ith t o sureties of acceptable status dul" itnessed to the effect that$a& 8e shall not indul*e in an" activit", hich could mali*n the name of Province or Countr" or do n *rade the ima*e or brin* bad name or bad reputation for the Countr" and the 1ation& b& En completion of approved tenure he shall report to his parent department failin* hich his services shall be terminated& c& 8e shall neither ac:uire citi>enship of the borro in* countr" nor shall marr" an" forei*n national ithout the prior approval of the competent authorit"& d& 8e shall deposit all contributions includin* 0eneral Provident FundMContributor" Provident Fund, Kenevolent Fund, 0roup %nsurance and an" other fund of the same nature in Forei*n '(chan*e in relevant 0overnment account at the end of each "ear of deputation& e& 8e shall repa" all loans in lump sum, if an" availed, to the concerned financial institution& %n case of breach of above, the concerned 0overnment servant shall

render himself liable to be proceeded a*ainst under the relevant la i&e& the 12FP Civil Servants 9emoval From Service (Special Po ers) Erdinance -/// as amended from time to time& 4& P9E<%S%E1 EF CE139!C3 !09''#'13 ';'C+3'G 2%38 FE9'%01 '#P,EN'9& 3he deputationist shall, immediatel" after joinin* the forei*n job, provide to the competent authorit" concerned throu*h his administrative department an attestedMverified cop" of the contract a*reement e(ecuted b" him ith the forei*n a*enc"M0overnment for record and future use in his case& 1/& F%,,%10 %1 38' 9'S+,3!13 <!C!1CN& !s a result of deputation of a 0overnment servant to Forei*n Service, the vacanc" is likel" to be vacant for approved tenure of deputation& %t should be filled in under 9ule-4 of the 12FP Civil Servants (!ppointment, Promotion L 3ransfer) 9ules 14?4 on actin* char*e basis&
1-6

11& <!C!3%E1 EF 0E<'91#'13 !CCE##EG!3%E1 3he 0overnment servant proceedin* on deputation under this polic" shall vacate the 0overnment allotted residential accommodation before joinin* Forei*n Service& -& %t is re:uested that the above polic" ma" kindl" be brou*ht into the notice of all concerned orkin* under "our control for *uidanceMcompliance&
(!uthorit"$ letter 1o& SE9&<% ('L!G) . -7M-//7, Gated -/th #arch -//B)

Terms @ con"itions of civi# serv nts "ep(te" to forei2n service. % am directed to refer to above-captioned subject and to state that in order to obviate inordinate dela"s in the settlement of terms and conditions of deputationists and in furtherance of the principles of *ood *overnance and decentrali>ation of po ers, the competent authorit" has decided that in supersession of all previous instructions on the subject, the terms L conditions of civil servants, ho are deputed to forei*n service, ma" hence-forth be determined b" the !dministrative Gepartments concerned& -& 3he follo in* terms and conditions of deputation are dele*ated to the administrative authoritiesMdepartments hich shall invariabl" be follo ed accordin*l"$-

i) Pa"$! civil servant on deputation shall be entitled to the *raded pa" as is admissible to him in his parent department from time to time& ii) Geputation !llo ance$a) %n case the post in the !utonomous, Semi-!utonomous or ,ocal Kod" or other Provincial 0overnment or Federal 0overnment concerned carries a pa" scale e:uivalent to that of the post held b" a civil servant in his parent department immediatel" before deputation on hich he had actuall" assumed char*e under 0overnment, the deputation allo ance ill be allo ed at the rate of -/U of the basic pa" subject to ma(imum of 9s& B///M- P&#& b) %n case the post under !utonomous, Semi-!utonomous or ,ocal Kod" concerned carries a pa" scale hi*her than that of the post held b" a civil servant in his parent department immediatel" before deputation, on hich he has actuall" assumed char*e under 0overnment, the deputation allo ance ill be allo ed at the rate of -/U of the basic pa" in his parent department provided the totalMinclusive of deputation allo ance does not e(ceed the ma(imum of the pa" scale of the ne(t hi*her pa" scaleMpost in the civil servantHs ordinar" line of promotion under 0overnment& c) %f a special pa" is attached to the deputation post and is incidental to the scale of such post, the deputationist ill be allo ed either such special pa" or the deputation allo ance hichever be more beneficial to him& d) 3he -/U deputation allo ance of the basic pa" subject to ma(imum of 9s&B///M- P&# ill be allo ed to a Civil Servant& %n the case of officers
1-.

belon*in* to the Federal unified *rades deputed on Forei*n Service under 12FP 0overnment, the terms L conditions of deputation shall be decided in consultation ith the 'stablishment Givision& 1ote$ - 3his polic" ill not be applicable to project posts& iii) Special Pa"$! 0overnment Servant on deputation shall be entitled to the special pa"

permanentl" attached to the scale of the postM*rade in his parent department in addition to the deputation allo ance referred to above, provided he enjo"ed that special pa" for a period e(ceedin* full one "ear under 0ovt& for e(ample, the protection can be claimed in respect of the special pa" of 9s&6//M- attached ith the post of PS to Secretar" but not for the special pa" allo ed to a 3ehsildars doin* settlement ork or that to a cashier for his specific job& iv) 3ravelin* !llo ance$3&! ill be allo ed in accordance ith the ordinar" 3&! 9ules of the Provincial 0overnment or !utonomous, Semi-!utonomous Kod" or ,ocal Kod" hichever are more beneficial to him& v) Conve"ance !llo ance $3his allo ance ill be restricted to the scale as admissible under the 0overnment 9ules subject to the relevant conditions& vi) Compensator" !llo ance$Compensator" !llo ance admissible to a civil servant at the same place of postin* ill continue to be admissible durin* deputation as per scale laid do n b" the 0overnment; hence, it ill not be inter-chan*eable ith the compensator" allo ances sanctioned b" the !utonomous, Semi-!utonomous or ,ocal Kod" concerned& 8o ever, the forei*n emplo"er ill bear the hole e(penditure in respect of an" compensator" allo ance for periods of leave *ranted to the civil servant in or at the end of Forei*n Service& vii) 9esidential !ccommodationM8ousin* Subsid"$!ccommodation ill be provided to the deputationist b" the !utonomous, Semi !utonomous or ,ocal Kod" concerned of the same standard as is normall" provided to a civil servant in his parent department subject to the recover" of rent X 7U of his emoluments as defined in F&9& .7(c)& 2here such accommodation is not available and the !utonomous, Semi-!utonomous or ,ocal Kod" concerned pa"s the house rent re:uisition or housin* subsid" to its emplo"ees, the subsid" ill be paid to the deputationist either at the rate admissible to such civil servant in his parent department from time to time or at the rate admissible to the emplo"ees of the forei*n emplo"er hichever is

more beneficial to the deputationist& %f the deputationist continues to reside in 0overnment allotted accommodation under special permission of 0overnment for certain specified periods, the difference bet een the standards rent recoverable b" 0overnment under F&9-.7 (K) and that admissible to the deputationist in the deputation post, ill be pa"able b" the deputationist
1-7

concerned to the 0overnment over and above the 7U rent recover" or as ma" be a*reed upon mutuall" bet een the Gepartments concerned& 1ote$ - 8ousin* subsid" and t o rooms accommodation are e(empted from 7U deduction& viii) #edical Facilities$#edical facilities ill be allo ed in accordance ith the relevant rules of the !utonomous, Semi-!utonomous or ,ocal Kod" concerned provided these facilities are not inferior to those admissible to the deputationist under 0overnment& i() ,eave Salar" and Pension Contributions$3hese ill be pa"able b" the forei*n emplo"er on the scale laid do n b" the 0overnment from time to time& () Foinin* 3ime Pa" and 3&! on 3ransfer$3his ill also be pa"able b" the forei*n emplo"er on transfer to and reversion from Forei*n Service& (i) Contributions$3he Civil Servants shall continue to subscribe to the 0&P Fund, C&P Fund, benevolent Fund and the 0roup %nsurance Fund as under 0overnment 9ules and ill also repa" all the advances from 0&P Fund or for house buildin*s etc& b" cash deposit into 0overnment 3reasur"& (ii) Ether Kenefits$!ll Frin*e benefits attached to a deputation post other than the benefits specificall" mentioned above ill also be admissible to a deputationist& 8o ever, as a rule, no promotion or improved prospects of service shall be allo ed to the deputationist ithout the prior consent of the 0overnment&

(iii) Geputation Period$3he period of deputation shall ordinaril" not e(ceed three "ears& %ts e(tension be"ond the period of three "ears shall be decided b" the Finance Gepartment in advance on the merit of each case& Cases involvin* deputation period of more than five "ears, here special circumstances e(ist and the e(tension in deputation period of a civil servant is considered to be absolutel" essential and in the public interest shall be referred to 'stablishment Gepartment at least three months in advance of the e(pir" of the ma(imum period of deputation& 6& #ore-over hile determinin* the terms L conditions of deputationist b" the !dministrative Gepartment the provision of Chapter ;%% (F9 1/4 to 1-5) of the compilation of the Fundamental 9ules and Supplementar" 9ules (<olumes % L %%) read and the !ppendi( 1o& 11 of the F9 (as reproduced at !nne(ure-!) shall be kept in vie so-far as the" are not in conflict specimen Proforma to be si*ned b" lendin* department as ell as borro in* or*ani>ation is also enclosed at !nne(ure-K for *uidance&
1-B

ith F9-4 (5) in-

ith the above-stated standard 3erms L Conditions& !

!11';+9'-! C8!P3'9 ;%% EF F&9 F F&9& 4(5)& Forei*n service means service in hich 0overnment servant receives his substantive pa" ith the sanction of the 0overnment from an" source other than the revenues of the 0overnor-0eneral or of a province or the 9ail a" Fund ( hen established)& F F&9& 1/4& 3he rules in this chapter appl" to those 0overnment servants onl" ho are transferred to Forei*n Service after these rules come into force& 0overnment servants transferred previousl" ill remain subject to the rules in force at the time of transfer& F F&9&11/&

a) 1o 0overnment servant ma" be transferred to Forei*n Service a*ainst his ill& b) ! transfer to Forei*n Service outside Pakistan ma" be sanctioned b" the 0overnor- 0eneral& F F&9& 111 ! transfer to Forei*n Service is not admissible unless a) the duties to be performed after the transfer are such as should, for public reasons, be rendered b" a 0overnment servant, and b) the 0overnment servant transferred holds, at the time of transfer, a post paid from *eneral revenues, or holds at lien on a permanent post, or ould hold a lien on such a post had his lien on such a post had his lien not been suspended& F F&9 11-& %f a 0overnment servant is transferred to Forei*n Service hile on leave, he ceases, from the date of such transfer, to be on leave and to dra leave-salar"& F F&9& 116& (1) ! 0overnment servant transferred to forei*n service shall remain in the cadre or cadres in hich he as included in a substantive or officiatin* capacit" immediatel" before his transfer and ma" be *iven such substantive or officiatin* promotion in those cadres as the authorit" competent to order promotion ma" decide& %n *ivin* promotion, such authorit" shall take into account--(a) the nature of the ork performed in forei*n service, (b) the promotion *iven to juniors in the cadre in hich the :uestion of promotion arises& (%%) 1othin* in this rule shall prevent a member of a subordinate service from receivin* such other promotion in 0overnment service as the authorit" ho ould have been competent to *rant the promotion had he remained in 0overnment Service ma" decide& F F&9& 11.& ! 0overnment servant in Forei*n Service ill dra pa" from the forei*n emplo"er from the date on hich he relin:uishes char*e of his post in 0overnment Service& Subject to an" restrictions hich the 0overnor-0eneral ma" b" *eneral order impose,

the amount of his pa", the amount of joinin* time admissible to him and his pa" durin* such joinin* time ill be fi(ed b" the authorit" sanctionin* the transfer in consultation ith the forei*n emplo"er& F F&9&117& a) 2hile a 0overnment servant is in Forei*n Service contribution to ards the cost of his pension must be paid to *eneral revenues on his behalf$
1-5

b) %f the Forei*n Service is in Pakistan contributions must be paid on account of the case of leave-salar" also& c) Contributions due under clauses (a) and (b) above shall be paid b" the forei*n emplo"ers& d) 3he" shall not be pa"able durin* leave taken hile in Forei*n Service& e) K" special arran*ement made under rule 1-6(b), contributions on account of leave-salar" ma" be re:uired in the case of Forei*n Service out of Pakistan also, the contributions bein* paid b" the forei*n emplo"er& F F&9& 11B 3he rate of contributions pa"able on account of pension and leave-salar" shall be such as the 0overnor-0eneral ma" b" *eneral order prescribe& F F&9& 115& a) 3he rates of pension contribution prescribed under rule 11B ill be desi*ned to secure to the 0overnment Servant the pension that he ould have earned b" service under 0overnment if he had not been transferred to Forei*n Service& b) 3he rates of contribution for leave-salar" ill be desi*ned to secure to the 0overnment servant leave-salar" on the scale and under the conditions applicable to him& %n calculatin* the rate of leave-salar" admissible the pa" dra n in Forei*n Service, less in the case of 0overnment servants pa"in* their o n contributions, such part of pa" as ma" be paid as contribution, ill count as pa" for the purpose of rule 4(-)& 1The rates of ontributions pres ribed by the Governor-General with referen e to Fundamental 3ules %%@ and %%(, are +iven in "ppendi? %%-" in 8olume %% of this Compilation2.

F F&9& 11?& Geleted& F F&9& 114& F Subject to an" *eneral orders of the 0overnor-0eneral a local 0overnment sanctionin* a transfer to Forei*n Service ma"; (a) remit the contributions due in an" specified case or class of cases, and (b) make rules prescribin* the rate of interest, if an", to be levied on overdue contributions& DFor rule made under Fundamental 3ule %%& 1b2, see supplementary 3ule 0.(.D F F&9 1-/& ! 0overnment servant in Forei*n Service ma" not elect to ithhold contributions and to forfeit the ri*ht to count as dut" in 0overnment service the time spent in forei*n emplo"& 3he contribution paid on his behalf maintains his claim to pension, or to pension and leave-salar", as the case ma" be, in accordance ith the rules of the service of hich he is a member& 1either he nor the forei*n emplo"er has an" ri*ht of propert" in contribution paid and no claim for refund can be entertained& F F&9&1-1& ! 0overnment servant transferred to Forei*n Service ma" not ithout the sanction of the local 0overnment, accept a pension or *ratuit" from his forei*n emplo"er in respect of such service& F F&9& 1--& ! 0overnment servant in forei*n service in Pakistan ma" not be *ranted leave other ise than in accordance ith the rules applicable to the service of hich he is a
1-?

member and ma" not take leave or receive leave-salar" from 0overnment unless he actuall" :uits dut" and *oes on leave& _For !dministrative %nstructions issued b" the 0overnor-0eneral re*ardin* leave and the *rant of leave to 0overnment servant in forei*n service in Pakistan see Part <% (-) of !ppendi( 6 in <olume %% of this Compilation_& F F&9 1-6&

(a) ! 0overnment Servant in Forei*n Service out of Pakistan ma" be *ranted leave b" his emplo"er on such conditions as the emplo"er ma" determine& %n an" individual case the authorit" sanctionin* the transfer ma" determine beforehand, in consultation ith the emplo"er, the conditions on hich leave ill be *ranted b" the emplo"er& 3he leave-salar" in respect of leave *ranted b" the emplo"er ill be paid b" the emplo"er and the leave ill not be debited a*ainst the 0overnment ServantHs leave account& F F&9 1-.& ! 0overnment Servant in Forei*n Service if appointed to officiate in a post in 0overnment service, ill dra pa" calculated on the pa" of the post in 0overnment Service on hich he holds lien or ould hold a lien had his lien not been suspended and that of the post in hich he officiates& 8is pa" in forei*n Service ill not be taken into account in fi(in* his pa"& F F&9& 1-7& ! 0overnment Servant reverts from forei*n service to 0overnment service on the date on hich he takes char*e of his post in 0overnment service; provided that if he takes leave on the conclusion of forei*n service before rejoinin* his post, his reversion shall take effect from such date as the ,ocal 0overnment on hose establishment he is borne ma" decide& F F&9 1-B& 2hen a 0overnment servant reverts from Forei*n Service to 0overnment Service, his pa" ill cease to be paid b" the forei*n emplo"er, and his contributions ill be discontinued, ith effect from the date of reversion& F F&9 1-5& F 2hen an addition is made to a re*ular establishment on the condition that its cost, or a definite portion of its cost, shall be recovered from the persons for hose benefit the additional establishment is created, recoveries shall be made under the follo in* rules$ (a) 3he amount to be recovered shall be the *ross sanctioned cost of the service, or of the portion of the service, as the case ma" be, and shall not var" ith the actual e(penditure of an" month&

(b) 3he cost of the service shall include contribution at such rates as ma" be laid do n under rule 11B, and the contribution shall be calculated on the sanctioned rates of pa" of the members of the establishment& (c) ,ocal 0overnment ma" reduce the amount of recoveries or ma" entirel" fore*o them&
1-4

!PP'1G%; 1E& 11 Erders issued b" the President under Fundamental 9ule 11.& 3he President is pleased to issue, under Fundamental rule 11., the follo in* orders re*ulatin* the amount of remuneration hich ma" be sanctioned for a 0overnment Servant transferred to forei*n service in Pakistan$ 1& 2hen the transfer of a 0overnment Servant to forei*n service in Pakistan is sanctioned, the period for hich he is so transferred, the post hich he shall hold in forei*n service and the pa" hich he shall receive in such service must be precisel" specified in the order sanctionin* the transfer& %f it is intended that he shall receive an" remuneration, or enjo" an" concession of pecuniar" value, in addition to his pa" proper, the e(act nature of such remuneration or concession must be similarl" specified& 1o 0overnment Servant ill be permitted to receive an" remuneration or enjo" an" concession, hich is not so specified, and if the order is silent as to an" particular remuneration or concession, it must be assumed that the intention is that it shall not be enjo"ed& -& Save as hereinafter provided a *overnment servant transferred to forei*n service in Pakistan shall be allo ed the pa" sanctioned for the post to hich he is transferred or the pa" he ould have received, from time to time, in *overnment service but for his transfer hich is more& (!mendment effected vide Finance Givision 0overnment of Pakistan order 1o& F&6(--)9&6M45 dated 16M4M1445 circulated vide Finance Gepartment, 0overnment of 12FP letter 1o& FG(S9-<)--171M46 dated -7M1/M1445& 6& %f the duties of a 0overnment Servant in Forei*n Service involve a

decided increase in ork or responsibilit" in comparison ith the duties of his post in 0overnment service he ma" be *ranted a suitable increase in pa", ith the prior concurrence of the competent authorit"& .& %f, b" reason of his transfer to forei*n service, a 0overnment servant loses an" privile*e or concession of pecuniar" value hich he ould have enjo"ed in 0overnment service or is constrained to incur e(tra e(penditure due to the nature of his duties in forei*n service or to the circumstances in hich those duties are performed, he ma" be allo ed to compensator" allo ance or other suitable concession ith the prior concurrence of the competent authorit"& 7& %n all cases of transfer to forei*n service in Pakistan, the forei*n emplo"er should be re:uired& (a) to pa" contributions to ards the leave salar" and pension of the 0overnment servant accordin* to the ordinar" rules re*ulatin* such contributions$
16/

(b) to pa" the 0overnment servant his pa" for the joinin* time *ranted to him on transfer to and reversion from forei*n service at the rates prescribed in F&9& 1/5& (c) to pa" travelin* allo ance to the 0overnment servant for journe"s if an", performed b" him on transfer to and reversion from forei*n service (and for journe"s performed on dut" hile in forei*n service), accordin* to the ordinar" 3&!& rules of the 0overnment; (d) to provide medical facilities to the 0overnment servant hile in forei*n service similarl" to those hich he ould have enjo"ed in 0overnment service but for his transfer& B& %n addition to the leave salar" contribution provided for in para*raph 7 (a) above, the forei*n emplo"er shall bear the hole e(penditure in respect of an" compensator" allo ance for periods of leave *ranted to the 0overnment servant in or at the end of Forei*n Service&

5& 3he forei*n emplo"er shall also be liable for leave salar" in respect of disabilit" leave *ranted to the 0overnment servant on account of a disabilit" incurred in and throu*h forei*n service, even thou*h such disabilit" manifests itself after the termination of forei*n service& 3he 0overnment servant direct from the forei*n emplo"er shall recover the leave salar" char*es for such leave&
161

!11';+9'-K P9EFE9#!& 3'9#S !1G CE1G%3%E1S EF C%<%, S'9<!13S G'P+3'G E1 FE9'%01 S'9<%C' +1G'9 !+3E1E#E+S, S'#%-!+3E1E#E+S E9 ,EC!, KEG%'S& Gepartment TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT !ttached Gepartment Subordinate Effice (if an") 1& 1ame$ TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT -& Service to hich belon*s !pplicableTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 6& Gate of joinin* Forei*n Service TTTTTTTTTTTTTTTTTTTTT .& Position immediatel" before deputation on forei*n service TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT (a) 1omenclature of post held under 0overnment L date of postin* (2hether ad hoc or re*ular) TTTTTTTTTTTTT (b) 0rade TTTTTTTTTTTTTTTTTTTTTTTTTTTTTT (c) 'moluments$ (i) pa" TTTTTTTTTTTTTTTTTTTTTTT (ii) Special Pa" TTTTTTTTTTTTTTTTTTT (rate and purpose for hich allo ed) (iii) Ether !llo ance TTTTTTTTTTTTTTT (Getails) 1&K$ %ndicate date from hich each element dra n&

d) Substantive post (details) the scale and the Presumptive pa" admissible in the post TTTTTTTTTTTTTTTTTTTTT 7& Position immediatel" after deputation on forei*n service $a) Post held immediatel" after deputation and scale of pa" and special pa" attached to the post& b) Ether emoluments and frin*e benefits if an", ith details of each item& TTTTTTTTTTTTTTTTTTTTT
16-

c) !re the responsibilities in the deputation post hi*her than those attached to the post under 0overnment (brief comparative account of responsibilities ma" be *iven in an !nne(ure)& d) 8ouse concession or subsid" normall" admissible to emplo"ees of the same status in the deputation post& TTTTTTTTTTTTTTTTTTTTTTT e) 2hether 0ovt$ accommodation has been retained, if so, particulars of that accommodation and the rent paid to landlord if an"& TTTTTTTTTTTTTTTTTTTTTTTT B& Present position in forei*n service$ - (1K$ !pplicable in the case of e(tension of deputation terms onl")& a) Present post in forei*n service TTTTTTTTTTTTTTTTTTTTT b) Scale of pa" TTTTTTTTTTTTTTTTTTTTTTTTTTTT c) Present emoluments ith broader details TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT d) !re the responsibilities in this post hi*her than those in that post mentioned a*ainst 7(a) above]

e) Krief justification for e(tendin* the deputation period Gate TTTTTTTTTTTTTTTTTTT Si*nature TTTTTTTTTTTTTTT 1& 8ead of ,endin* Geptt or his nominee -& head of borro in* Er*ani>ation or his nominee& 1ote$- For details of emoluments please indicate Pa", Personal Pa", Special Pa" or an" other emoluments classed as pa", Gearness !llo ance, Compensator" !llo ance, 8ouse 9ent !llo ance or Subsid", 9ent Free 8ouse, 'ntertainment !llo ance, Sumptuar" !llo ance, +niform !llo ance or an" other allo ance&
( !uthorit"; 1o&SES9-%%%MFGM1--/M-//B, dated -.th Fanuar", -//5 )
166

Co(ntin2 of A" 'oc Service A" 'oc Service A" 'oc Appointment 3his Gepartment=s letter 1o&SE%<(SL0!G)1B-1.MB.(Polic"), dated -/th Ectober, 14B4, on the subject noted above , and to sa" that in vie of the complaints of favoritism and irre*ularities in the makin* of !d hoc appointments, a decision as taken b" 0overnment to ithdra these po ers from the !dministrative Gepartments& !n !d hoc !ppointments Committee as constituted ith the Chairman Public Service Commission as its head& -& 3he position has since been revie ed b" the 0overnment& 3he !dministrative Gepartments have been pressin* for restoration of po ers of makin* !d hoc appointments& %t has been ur*ed that po ers of makin* appointments on an emer*enc" basis, ould *ive *reater operational freedom to e(ecutin* a*encies and implementation of ould speed up the

projects and pro*rammes& 3he *rant of these po ers to the !dministrative Gepartments ill ensure that responsibilit" for failure to fulfill the prescribed tar*ets rests s:uarel" on the !dministrative Gepartments& %n vie of the considerations mentioned above, it has been decided to restore the po ers of makin* !d hoc appointments to the !dministrative Gepartments and other authorities& 3he !d hoc !ppointments Committee has been abolished ith immediate effect& 6& 3o ensure that there is no repetition of complaints ith re*ard to favoritism and irre*ularities, it has been decided that the follo in* procedureMinstructions shall be observed strictl" b" appointin* authorities/0 (i) ReE(isition to P()#ic Service Commission/0 a re:uisition must be sent to the Public Service Commission before action is taken to fill up the post on an ad hoc basis& (ii) A"vertisement of v c ncies/0 3he vacancies for direct recruitment should be filled up after proper advertisement onl"& (iii) Appointment to conform to recr(itment r(#es/- 3he appointments should conform to the provisions of the serviceM recruitment rules and in particular, the re*ional :uotas prescribed b" 0overnment should be strictl" adhered to& (iv) Criteri for se#ection- (a) 3he selection should be made on the basis of merit and objective criteria should be used& (b) %n the absence of an" other important factor, the selection of direct recruits should be based on the marks obtained b" the candidate in the e(amination for the de*reeMdiploma, etc& hich is prescribed as the minimum :ualifications for the post& (c) %n the case of promotions, the selection should be based strictl" on the service record&
16.

(d) 3he particulars of all candidates appl"in* for the post should be tabulated in appropriate form, and si*ned b" the Chairman of the

Selection Koard& 2here candidates have been eliminated on the basis of a :ualif"in* minimum e&*, e(aminationM*rades(it ould not be necessar" to list all the particulars of the candidates)& (v) Settin* up of Selection Koard - 3he Selection should be made b" a Selection Koard consistin* of three officers and headed b" an officer not belo the rank of Secretar"Madditional Secretar" of the !dministrative Gepartment for class % and b" the 9e*ional 8eadMGivisional Commissioner for Class %%& %mmediate steps should be taken to constitute Selection Koards at the t o levels& (vi) !ppointment Erders- 3he appointment order should certif" that a re:uisition for direct recruitment or promotion has been sent to the Public Service Commission& (vii) !ppointment orders ill indicate that it is subject to revocation at the discretion of the 9evie Koard& (viii) !ppointment orders of !d hoc appointment ill be published in 0a>ette& (i() Special conditions ith re*ard to !d hoc Service-!d hoc appointments ill not confer an" ri*ht on the 0overnment servants in the matter of re*ular appointment to the same post nor the service ill count to ards seniorit"& (() Service in an !d hoc capacit" ill count as e(perience for the purpose of minimum :ualification of a post& ((i) 3he !d hoc appointment ill onl" last till the recommendations of the Commission have been received and 0overnment has approved the selection of a candidate for the vacanc"& En this the services of !d hoc appointees, if not approved b" the Commission, shall be terminated& ((ii) Provision for disposal of representation(a) Class-% - Persons a**rieved b" an !d hoc appointment to a Class % post ma" submit representations to a 9evie Koard consistin* of a #ember, Koard of 9evenue and !dditional Chief Secretar", Services and 0eneral !dministration Gepartment& 3he representation ill be submitted ithin 17 da"s of the publication of the 0a>ette notif"in* the appointment& 3he 9evie Koard ould have the authorit" to pass appropriate orders includin* the revocation of an appointment alread"

made& 3he revised order ill also be published in the 0a>ette& (b) Similarl", representations a*ainst orders of !d hoc appointments to Class-%% posts ill lie to the !dministrative Secretar"& !s in the case of Class-%, the representation ill be submitted ithin 17 da"s of the publication of the appointment orders in the official 0a>ette& 3he !dministrative Secretar" ould have the authorit" to pass appropriate
167

orders, includin* the revocation of an appointment order& 3he revised order ill also be published in the 0a>ette&
(!uthorit"$ 2est Pakistan Circular letter 1o&SE%<(SL0!G)1B-1.MB. (Polic"), dated 1&1/&14B4)

A" 'oc Appointments 9ule-1. of the 12FP Civil Servants (!ppointment, Promotion L 3ransfer) 9ules, 14?4, provides that to fill a post fallin* ithin the purvie of the Public Service Commission ur*entl", pendin* nomination of candidate b" the Commission, proceed to fill such post on ad hoc basis for a period not e(ceedin* one "ear b" advertisin* the same as in Part&%%% of the 9ules ibid& %n this connection, attention is invited to this Gepartment=s letter of even number dated 1/-1-14?4, herein factual position concerned and it as stressed to stop makin* appointments on ad hoc basis& 3hese instructions ere reiterated vide this Gepartment circular letter 1o&SE9%(SL0!G).-15M?4(!) dated 7M6M144/& -& 9ule-6 of the 12FP Public Service Commission (Functions) 9ules,14?6, inter alia provides that the Commission shall conduct tests and e(amination, includin* Ps"cholo*ical test for initial recruitment to services and posts in connection Province specified in the Schedule& 3he nomenclature of the services and posts included in the ith the affairs of the ith re*ard to ad hoc appointments as clarified to all hen the appointin* authorit" considers it to be in the public interest

Schedule are as under/0 i) Services and Posts in Kasic Pa" Scale 1B to -/ e(cept the follo in* posts& (a) Chairman and #embers of the Commission; (b) !dditional Gistrict and Session Fud*es; (c) Comptroller, 0overnor=s 8ouse, Pesha ar& (d) !ssistant C"pher Efficer in the Provincial C"pher Centre& ii) Post of !ssistant Sub-%nspectors of Police& iii) 1aib 3ehsildars& iv) Rilladars& v) Sub-'n*ineers& 6& !ccordin* to the provision of the aforesaid rules, no ad hoc appointment is permissible a*ainst an" post other than the one included in the Schedule as posts in the !utonomousMSemi-!utonomous Kodies and Corporations purvie of the 12FP Public Service Commission& .& %t has, ho ever, come to the notice of this Gepartment that ad hoc appointments are bein* made b" the !utonomousMSemi-!utonomous Kodies and b" certain 0overnment Gepartments a*ainst posts in K-17 and belo ithin the purvie ad hoc appointments& 3his is not at all desirable& 7& % am, therefore, to reiterate to strictl" abide b" the aforesaid instructions and stop makin* appointments on ad hoc basis& 3hese instructions ma" kindl" be brou*ht to the notice of all concerned under "our control ith clarification that the defaulters shall render themselves liable to strict disciplinar" action under the relevant rules&
(!uthorit"$SL0!G=s letter 1o&SE9%(SL0!G)1--/BM5., dated ?th !u*ust,144-)&
16B

ell as all

hich are outside the

(other than those recruitment to

hich is

of the Commission) and despite the ban imposed b" 0overnment on makin*

Confirm tion n" Lien Prompt "ecision )o(t confirm tion of Government

Serv nts on e1pir9 of pro) tion r9 perio". !n identical provision re*ardin* probation is bein* made in ServiceM9ecruitment 9ules of all the Services and posts& ! cop" of the standard rule relatin* to probation is enclosed& -& ! perusal of this rule ill sho that accordin* to '(planation % of sub-clause 6 of the standard rule, a provision has been made that if no orders have been made b" the date follo in* the completion of the initial probationar" period, the period of probation shall be deemed to have been e(tended& 3his provision has onl" been made to cover cases an appointin* authorit" cannot take a decision on account of unavoidable circumstances& 3he *eneral rule should be that a decision re*ardin* the confirmation of a probationer shall be taken before the e(pir" of the probationar" period and it is onl" in rare cases that automatic e(tension of the probationar" period under this e(planation should be relied upon& 6& !nother provision has been made in '(planation %% of sub-clause 6 of the standard rule to the effect that if no orders have been made b" the date on period of probation e(pires, the probationer shall be deemed to have been confirmed in his appointment from the date on hich the period of probation as last e(tended or ma" be deemed to have been so e(tended& 3his provision has also been made onl" to safe*uard unavoidable dela" b" the appointin* authorities to take a timel" decision& %t provides for automatic confirmation of the probationer for course ould be to assess the ork of the probationer in time to form an opinion about his ork, and take a proper decision instead of allo in* the automatic confirmation of the probationer ithout proper assessment& 3he *eneral rule in this case should be that there should be no occasion for the application of this e(planation and timel" action should be taken b" the ant of a proper order& Kut the proper hich the ma(imum here

appointin* authorit" re*ardin* the fitness of a probationer for confirmation& % am to re:uest that these instructions ma" kindl" be strictl" observed b" all the appointin* authorities& .& 3here is still a number of ServiceM9ecruitment 9ules hich have to be notified& %n certain cases there are some e(istin* Service 9ules hich fi( the probationar" period and the conditions for the confirmation& 3hese rules should be strictl" follo ed, especiall" about the time limit laid in each case& !ll cases of confirmation should be taken up ell in time and decided before the e(pir" of the probationar" period&
(!uthorit"$SL0!G=s letter 1o&SE;%%(SL0!G)--166MB6,dated 1-&?&14B6)

Prompt "ecision )o(t confirm tion of Government Serv nts on e1pir9 of pro) tion r9 perio". 3his Gepartment=s Circular letter of dated 1-&?&14B6 in hich the importance of takin* prompt decisions about the confirmation of the probationers before the e(pir" of the probationar" period to the notice of this Gepartment in hich the !dministrative Gepartment did not take an" decision durin* the initials as ell as the e(tended period of probation of the officers ith the result that the probationers become entitled to automatic confirmation and their confirmation
165

as stressed& %t is a matter of re*ret that cases still continue to come

could not be had

ithheld even

hen their

ork and conduct durin* the probationar" period

been unsatisfactor"& 0overnment are *ravel" perturbed over this situation and have decided to make it obli*ator" on the !dministrative GepartmentsM !ppointin* !uthorities to pass an order on the completion of the initial probationar" period, either (i) confirmin* the

probationer; or (ii) e(tendin* the period of probation or (iii) dispensin* ith his services, if he as appointed b" initial recruitment or (iv) revertin* him to his former post, if he as appointed other ise and if there is no such post dispensin* ith his services& %n case the period of probation is e(tended, it ould be bindin* on the !dministrative GepartmentM appointin* authorities to issue another order before the e(pir" of the e(tended period of probation, either confirmin* the officer or revertin* him& -& % am to add that 0overnment ould take serious notice of non observance of these instructions and not compl"in* ith them& 6& 3his letter ill take effect from %st Fanuar",14B?& %n the meantime in all pendin* cases of the past appropriate orders ma" be passed&
(!uthorit"$- SL0!G=s letter 1o&SE;%%(SL0!G)--166MB6, dated 5&1/&B5)

ould take disciplinar" action a*ainst the officers found responsible for

Retention of Lien +nder the e(istin* rules, lien of a civil servant can onl" be retained if he is a confirmed emplo"ee and is orkin* a*ainst a permanent post& Gespite completin* the e(tended period of probation, the 0overnment servants are not bein* confirmed for obvious reasons for no fault of theirs& !s a matter of principle a re*ular 0overnment servant has completed his prescribed period of probation inclusive of the e(tended period of probation has a ri*ht to be confirmed& -& %t has been brou*ht to the notice of this Gepartment that a lar*e number of unconfirmed emplo"ees on their selection for different jobs in 0overnment and !utonomous Er*ani>ations ask for retention of lien and ri*ht of reversion to their parent Gepartments hich is not permissible presentl"& 9esultantl" such emplo"ees hesitate to join the service else here& ho

6& Qeepin* in vie the acute un-emplo"ment in the countr" in *eneral and in 12FP in particular it has been decided to *ive ri*ht of reversion initiall" for t o "ears e(tendable b" a further period of one "ear if a re:uest in this behalf is received from those emplo"ees ho are selected for appointment under Federal and other Provincial 0overnments provided the" have served on re*ular basis for at least t o "ears or ho have completed the e(tended period of probation but could not be confirmed for obvious reasons&
(!uthorit"$-SL0!G=s letter 1o&SE9%(SL0!G)1-B-M?/, dated 15&.&14?4)

Confirm tion of Lien % am directed to refer to the subject noted above and to state that the lien of a civil servant accrues hen he is appointed substantivel" a*ainst a permanent post& Substantive appointment means confirmation& 3he confirmation of a 0overnment servant in a cadre can
16?

be made a*ainst a permanent post& 3he definition of permanent post is *iven in F9-4 (--) and temporar" post in F9-4 (6/)& !part from this definition from practical point of vie posts on S1' are temporar" posts and all posts converted into permanent in 9evenue Kud*et are permanent posts& %n terms of 9ule 1B of the !P3 9ules, 14?4 read Civil Servants !ct, 1456, after successful completion of probation, confirmation of servant can be made but a*ainst a permanent post held b" him substantivel" filled re*ularl" but not substantivel"& !s such 0overnment servant after successful completion of hereas temporar" can be ith Section-5 (6) of all

probation period after his direct recruitment or promotion become a re*ular emplo"ee a*ainst that post but not confirmed unless permanent vacanc" becomes available to him& -& En availabilit" of a permanent vacanc" in a cadre, confirmation shall be made there a*ainst on the basis of seniorit"-cum-fitness& %t ma" be mentioned that if that post hen converted into permanent and becomes available for confirmation, not the e(istin* incumbent of that permanent post but the senior most in the cadre is confirmed a*ainst it irrespective of the fact hether he is holdin* the char*e of that post or not& 'ven if an officer or official retires before his confirmation in service and after his retirement it comes to kno led*e that some vacancies section 5(.) of the Civil Servants !ct, 1456 the" should be confirmed first &e&f& the dates of availabilit" of the vacancies in their favour& 3hese vacancies a*ain for confirmation of others ere confirmed as such there a*ainst& 6& !ll the Gepartments are therefore advised to be *uided b" the relevant rules as e(plained above and carr" out the e(ercise for confirmation of their emplo"ees in the aforesaid manner&
(!uthorit"$ ,etter 1o&SE9&<%('L!G)1-11M-//6 Gated -nd September -//6)

ere available for their confirmation

hile in service, so in terms of

ill be treated available ho

&e&f&, the dates of retirement or death of the emplo"ees

Retention of #ien )9 t'e civi# serv ntsC ccept nce of resi2n tion on e10post f cto ) sis. % am directed to refer to the subject noted above and to state that instructions have been issued time and a*ain that a Civil Servant, if selected for appointment in autonomousMsemi-autonomous bodies remains no more a Civil Servant& Conse:uentl", ri*ht of lien cannot be *ranted to such emplo"ees& !ppointment of civil servants in the

autonomousM semi-autonomous bodies is considered as freshM direct appointment, therefore the" have to tender resi*nation before joinin* the autonomousMsemi-autonomous bodies& -& 3he Provincial 0overnment has noticed that civil servants are still makin* re:uests for retention of lien, certain cases, officersMofficials have even been relieved on the condition of prior resi*nation from civil service& Such civil servants do not tender resi*nation in the hope of *ettin* ri*ht of lien& Subse:uentl", the" appl" for acceptance of resi*nation from civil service& Such civil servants do not tender resi*nation in the hope of *ettin* ri*ht of lien& Subse:uentl", the" appl" for acceptance of resi*nation from retrospective effect after considerable time& 6& %n vie of the above all concerned are advised to note that Civil Servants selected for appointment in autonomousMsemi-autonomous bodies shall tender their resi*nation prior to joinin* posts in the autonomousMsemi-autonomous bodies and no one shall be relieved
164

hich are bein* entertained b" !dministrative Gepartments& %n

conditionall"& Efficers held responsible should be proceeded a*ainst under the 9emoval from Service (Special Po ers) Erdinance, -///& .& Furthermore, before issuin* 1ECs to the Civil Servants hile appl"in* a*ainst the posts in autonomous and semi autonomous bodies, it should clearl" be mentioned that in case of selection, the applicant shall have to tender resi*nation and shall have no ri*ht of lien&
(!uthorit"; ,etter 1o&SE9&<%('L!G)1-11M-//6, Gated -438 Ful", -//B)

Retention of Lien % am directed to refer to the subject noted above and to state that as per instructions ith re*ard to retention of lien circulated vide this Gepartment letter 1o&SE9&%(SL0!G)

1-B-M?/, dated 15&.&14?4 if an emplo"ee joins the Federal or Provincial 0overnment(s) he is eli*ible for repatriation to his parent Gepartment if he fails to complete his probation period successfull"& Such provisions are alread" available under the 12FP Civil Servants (!ppointment, promotion L 3ransfer) 9ules, 14?4& %nstructions mentioned above mi*ht have been processed to facilitate candidates joinin* !utonomous and Semi !utonomous Kodies as envisa*es from para-- of the said letter but in Para-6 thereof the semiautonomous bodies are not mentioned& -& Gue to acute un-emplo"ment in the countr" in *eneral and in 12FP in particular it is advisable to allo the" are unable to adjust themselves in the !utonomous KodiesMSemi !utonomous Kodies the" can rejoin their parent Gepartment& %f their performance durin* probation period is not satisfactor" the" can be repatriated to respective parent department instead of terminatin* their services& 6& So far the issue of treatin* the period spent in a non-pensionable autonomous or*ani>ation b" the re-joinin* of a 0ovt& post is concerned, it can be dealt ith on the analo*" of persons in hich case the emplo"ees contributed proportionate pension contribution to 0ovt& other ise this period could be treated as non-:ualif"in* service for pension b" convertin* the same as '(tra Erdinar" ,eave ( ithout pa")& %n-as-much as it is an e(ceptional facilit" e(tended to 0overnment Servants, it ma" be dealt ith in an informal manner as stated above& ho proceed on deputation abroad or to Forei*n Service in Pakistan all the civil servants to retain lien for a period of three "ears, so as if ords autonomous and

(!uthorit" $ letter 1o&SE9&%('L!G)1-B-M?/ (<ol&%), dated -/&-&-//-)

1./ 1.1

4it'"r : #s of Resi2n tion. Accept nce of resi2n tion n" :i##f(# )sence for more t' n five =6> 9e rs. +nder the e(istin* practice, even a temporar" 0overnment servant is re:uired to si*n an undertakin* containin* inter alia the follo in* provisions/0 (a) % understand that m" emplo"ment under 0overnment is temporar" and that m" services ma" be terminated b" 0overnment at an" time, ithout assi*nin* an" reasons, b" *ivin* a notice for a period not less than 1. da"s or pa"ment, in lieu of the notice, of a sum e:uivalent to m" pa" for 1. da"s or for the period b" hich the notice falls short of 1. da"s; (b) % a*ree that % ish to terminate m" services under 0overnment at an" time, % shall resi*n in ritin* and shall thereafter continue to serve 0overnment until m" resi*nation is accepted& (c ) % also understand that if % absent m"self from dut" ithout resi*nin* in ritin* or before the acceptance b" 0overnment of m" resi*nation, % shall be liable to disciplinar" action, hich ma" involve dis:ualification from future emplo"ment under 0overnment& -& %t has ho ever, come to notice that in certain cases 0overnment servants have tendered resi*nations and unauthorisedl" and kept themselves absent for "ears& 3he departments on their part failed to initiate an" action a*ainst such emplo"ees in time dut" after the passa*e of lon* periods on one e(cuse or the other& 6& %t has also been noticed that liberal rela(ations are bein* *ranted under F9&1? in cases of illful absence from dut" for more than 7 "ears ithout co*entMconvincin* reasons hereas accordin* to the rules ibid a 0overnment servant remains no more a 0overnment emplo"ee after illful absence for five "ears& .& 3he matter has been considered and it has been decided that/0 ith the result that the" subse:uentl" reported for ithout aitin* for acceptance have left their jobs

(a) !fter tenderin* resi*nation, a 0overnment Servant shall not leave his job until the acceptance of his resi*nation b" the Competent !uthorit" nor shall he be *ranted an" leave& %n case one leaves his job ithout acceptance of his resi*nation he shall be treated as absconder and disciplinar" action should invariabl" be initiated a*ainst him& (b) 9esi*nation tendered b" a 0overnment servant shall either be accepted or rejected b" the Competent !uthorit" ithin the stipulated period of not more than 6/ da"s of its submission and acceptanceMrejection thereof be communicated to the 0overnment servant concerned accordin*l"& (c) !fter 7 "ears of continuous absence, services of a Civil Servant shall automaticall" stand terminated under F9&1? and 9ule 1- of the 12FP Civil
1.-

Servants 9evised ,eave 9ules,14?1& %n the li*ht of 9ule 1- ibid, a illful absence of more than five "ears shall not be converted into leave ithout pa"& 7& %t is therefore, re:uested that the above instructions ma" be brou*ht to the notice of all concerned for strict compliance in future&
(!uthorit"$ SL0!G=s letter 1o&SE9%%(SL0!G)B(65)M?4, dated 6rd Ect$,14?4)&

Determin tion of seniorit9 of offici #s :'o re ##o:e" to :it'"r : t'eir resi2n tion ! :uestion has arisen hether a 0overnment servant ho resi*ned and has subse:uentl" been allo ed to ithdra his resi*nation should be assi*ned seniorit" and *iven other benefits hich ould have accrued to him had he not resi*ned& -& 2hen a resi*nation tendered b" a 0overnment servant has been accepted and the acceptance has been communicated to him, it becomes final& 3here can be no :uestion of allo in* him to = ithdra = the resi*nation& 6& 2here a 0overnment servant ho has tendered resi*nation ithdra s it before it is accepted b" the competent authorit", or acceptance is communicated to him, he is allo ed to post held b" him ithout a break and the :uestion of re-fi(ation of his seniorit", etc& does not arise& ithdra the resi*nation, he continues in the here, after the acceptance but before the

.& 2here an appellate authorit" finds that the resi*nation as not tendered voluntaril" or that it is other ise null and void, the appellate authorit" ma" re-instate the 0overnment servant concerned& En re-instatement the 0overnment servant shall be re*arded as havin* continued in service throu*hout& 7& %f a 0overnment servant, hose resi*nation has been accepted and communicated to him, is appointed to 0overnment service thereafter, such appointment shall be re*arded as a fresh appointment& 3he seniorit", pension, leave, etc, of such a 0overnment servant shall be fi(ed in accordance ith the rules applicable to him as if this appointment as his first appointment to 0overnment service& B& 3here ma", ho ever, be cases in hich it ma" not be fair to treat such a re-emplo"ed 0overnment servant as a ne rela(ation of the rules, the orders of the 0overnment should invariabl" be obtained&
(!uthorit" SL0!G letter 1o&SE;%%M--4BM74, dated -.&1-&74)

recruit and it is proposed to *ive him an" benefit in

Prep r tionCiss( nce of seniorit9 #ist of Government Serv nts % am directed to sa" that sub-section (1) of Section ? of the 12FP Civil Servants !ct, 1456, inter alia provides that for proper administration of service, cadre or post, the appointin* authorit" shall cause to prepare a seniorit" list of the members for the time bein* of such service, cadre or post& Similarl", the note belo rule B of the 12FP Service 3ribunals 9ules, 145., enjoins upon the appointin* authorit" or an" other authorit" hich has been dele*ated the po ers to make decision re*ardin* seniorit" of
1.6

clause(e) of sub-rule(-) of the

a 0overnment Servant to prepare and notif" in the official 0a>ette a list of Seniorit" of 0overnment Servants under its administrative control& 3he list so prepared shall be maintained upto date and shall be revised at least once a "ear& 3he 12FP Civil Servants (!mendment) !ct, 14?4, also provides that the seniorit" list prepared under sub-section (1)

of Section ? (of the 12FP Civil Servants !ct, 1456) shall be revised and notified in the official 0a>ette at least once in a calendar "ear, preferabl" in the month of Fanuar"& -& % am further to sa" that the 0overnor, 12FP has been pleased to dele*ate his po ers to Chief Secretar", 12FP to approve the issuance of the Seniorit" ,ist of the members of a service, cadre or post for hich the 0overnor is appointin* authorit"& 6& 3he above instructions ma" please be brou*ht to the notice of all concerned for *uidanceMcompliance please&
(!uthorit"$ 1o&SE9-%('L!G)6-17M??(<ol&%), dated 4th #a", -//-)
1..

Re0emp#o9ment po#ic9 Re0emp#o9ment of t'e Pensioners )e9on" t'e 2e of si1t9 9e rs 3he Provincial 0overnment have revie ed the polic" *overnin* re-emplo"ment be"ond the a*e of B/ "ears and have decided that henceforth no e(tension in service or re-emplo"ment be"ond the a*e of B/ "ears shall be allo ed to an" 0overnment servant or servant of the !utonomousMSemi-!utonomous Kodies functionin* under the control of this Provincial 0overnment& 8o ever, the re-emplo"ment be"ond the a*e of B/ "ears ma" be allo ed a*ainst the posts mentioned belo /0 (a) Chairman and #embers of the 12FP Public Service Commission& (b) <ice-Chancellors of the +niversities; (c) Chairman and #embers of the 3ribunals& -& 3his Gepartment letter 1o&SE9-%%%(SL0!G)4-BM?B, dated 5th Ful",14?? shall stand superseded& 6& %t is re:uested to please brin* the above polic" to the notice of all concerned for strict compliance&
(!uthorit"$-SL0!G=s letter 1o&SE9%%%(SL0!G)4-BM4/, dated 1?th Gec&,144/)

Re0emp#o9ment )e9on" t'e 2e of 7& 9e rs 3he Provincial 0overnment have revie ed the polic" *overnin* re-emplo"ment

be"ond the a*e of B/ "ears as contained in this Gepartment letter dated 1?&1-&144/ and have decided that/0 (i) 1o e(tension in service or re-emplo"ment be"ond the a*e of B/ "ears shall be allo ed to an" 0overnment servant e(cept in cases of the Chairman and #embers of the 12FP Public Service Commission, the <ice Chancellors of the +niversities, the Chairman and #embers of the 3ribunals, and the Chairman Koard of %ntermediate and Secondar" 'ducation& 3he ma(imum a*e limit for retirement in these cases should not e(ceed B7 "ears; (ii) all the e(istin* re-emplo"ed pensioners ma" be allo ed to continue till the completion of their tenures; and (iii) the autonomous educational institutions ma" appoint one consultant each be"ond the a*e of B/ "ears& -& 3he above polic" ma" kindl" be brou*ht to the notice of all concerned for compliance&
(!uthorit"$ Circular letter 1o&SE9%%%(SL0!G)4-BM4/MQC, dated 6/&1&-//1)
1.7

S nction to t'e con"on tion of service )e9on" t'e 2e of s(per nn( tion of 7& 9e rs. En induction into service, a civil servant is re:uired to declare his date of birth supported b" authenticated documents such as matriculation certificate, municipal birth certificate etc& 3he Gepartment concerned is similarl" re:uired to enter the same in the service book of the civil servant and date of birth once recorded cannot be altered e(cept in the case of clerical error as provided in 0F9-11B& %n this connection attention is invited to this Gepartment=s circular bearin* 1o& SE9%%(SL0!G)7(./)M?5, dated -5&B&1446 ere circulated for *uidance and strict compliance b" all concerned& (a) Check all the record of their emplo"ees in KPS-1 to 1B to ensure that none has reached the a*e of superannuation& herein inter alia the follo in* instructions hich is periodicall" checked b" the GepartmentM!udit

(b) #aintain lists of their emplo"ees due for superannuation in a calendar "ear and process their pension papers, if an", ell in time& (c) %nitiate case for re*ulari>ation of retirement of civil servants before %st Februar",14??, if an", ho have alread" crossed the si(tieth "ear of their a*e& 3he responsibilit" in such cases should be fi(ed and the action taken be intimated alon* ith the proposal& (d) 1o case of over sta" be"ond the a*e of superannuation ould be entertained under an" circumstances after 1&/-&14??& -& 8o ever, it appears that these instructions have either lost si*ht of or the Gepartments least bother to compl" a case of condonation of over sta" be"ond superannuation taken up b" an !dministrative Gepartment for approval, the Competent !uthorit" has taken a serious vie ne*li*ence on the part of the dealin* officersMofficials of the Gepartment concerned and directed that all the Gepartments should inform in date of birth and conse:uential superannuation so that no ambi*uities re*ardin* their retirement occur in future& %ntimation ith re*ard to their date of retirement should also be *iven to these emplo"ees one "ear prior to their superannuation, so as to serve as advance information& 6& %t is re:uested that the above polic" instructions ma" be brou*ht to the notice of all concerned and ensure compliance thereof in letter and spirit&
(!uthorit" SL0!G letter 1o&SE9%%(SL0!G)1(-)M4?, dated -4&?&144?&)
1.B 1.5 1.?

ith the same

hich is obviousl" not desirable& 2hile processin*

of the

ritin* all their emplo"ees in KPS-1 to . about their

C' n2e in t'e recor"e" " te of )irt' of t'e civi# serv nts % am directed to sa" that under the e(istin* rules, immediatel" after his induction into service, ever" civil servant is re:uired to declare the date of his birth b" the

Christian era matriculation

ith as far as possible confirmator"Mconclusive evidence such as

certificate, municipal birth certificate and so on& 3his is supplemented b" the opinion of the Civil Sur*eonMStandin* #edical Koard& 3he department after full satisfaction and on the basis of medical e(amination of the ne an authentic document i&e& Service KookM8istor" of Service etc& 3he said document is maintained b" the GepartmentM !udit and is al a"s checked periodicall"& -& 3he date of birth of a civil servant as recorded in his service documents remains constantl" in his kno led*e& 3his is reiterated in his !C9s and the Seniorit" ,ist issued b" the department from time to time& 3he preparation of service record of an officer is an official act and accordin* to la , it is presumed to be correct& 0F9-11B also provides that the date of birth once recorded cannot be altered e(cept in the case of clerical error, ithout the previous orders of the ,ocal !dministration& Gespite this, certain 0overnment Servants are complacent full" about their dates of birth entered in their Service Kooks etc& %t much to accept such a belated claim from a Civil Servant that he as born on a date other than the one entered in his service documents and that the dela" in representation i*norance of the alle*ed erroneous entr"& !fter all, there is al a"s attached a finalit" to decisions taken b" competent authorities& as due to ould therefore be too ith the state of affairs and sleep over their ri*hts for decades kno in* entrant in the department, enter the same in ith a*e

6& % am, accordin*l", directed to re:uest that all concerned ma" please be informed in clear terms that in future a re:uest for an alteration in the recorded date of birth of a 0overnment servant ma" onl" be entertained b" the !ppointin* !uthorit" in the case of officers in KS-15 and above and b" the !dministrative Gepartment in the case of civil servants in KS-1B and belo , after special en:uir" and onl" if the 0overnment servant applies for it ithin t o "ears from the date of his entr" into 0overnment service&
(!uthorit"; 1o&SE9&%%(SL0!G)7(./)M?5, dated 17th Februar", 14?4)
1.4

Criteri Cmo" #ities for c# ssif9in2 "e t'C inc p cit tion of civi# serv nts in t'e #ine of "(t9 for t'e p(rpose of compens tion. +. DEFINITIONS (a) Civil Servant& Civil Servant means the same as defined in the 0overnment of 12FP Civil Servants !ct, 1456& 8o ever, the emplo"ees of Federal 0overnment servin* in Provincial 0overnment ould also be considered civil servants in the above mentioned meanin* for the purpose of this letter& (b) Shaheed& Shaheed means a civil servant ho faces unnatural death due to an act of terrorism& (c) !ct of terrorism& means an act of terrorism as defined in the Section-B of the p!nti- terrorism !ct of 1445& (d) Permanent %ncapacitation& means dismemberment, amputation, severin* of an" limb or or*an of the human bod" or permanent impairment of the functionin* po er or capacit" of an or*an of the human bod", caused due to an" act of terrorism& (e) 3emporar" incapacitation M 0rievous %njuries$ 3he committee unanimousl" decided not to *ive an" compensation in this cate*or" because of its possible abuse and misuse& $. RIn t'e #ine of D(t9S %n the line of dut" means the follo in* acts$%& 3o reside in a cit" hich is the station of dut"& %%& 3o come and *o from hisMher place of residence to the particular place of dut"&

%%%& 3o come and *o from hisMher station of dut" to hisMher native to n or villa*e, on dul" approved leave& %<& Gut" hours means -. hours in a da" and 5 da"s in a eek& <& 3o come and *o to and from the markets, hospitals, educational institutions, restaurants, etc for the fulfillments of his ph"sical, intellectual, social, ethical, reli*ious needs or the needs of his famil"& <%& 'mplo"ees ho fall victim in the cross fire either from terrorist or from Securit" Forces& <%%& 2hile bus" in official duties in hisMher office or field. ! civil servant, as defined above, ho is incapacitated M killed in an" act of terrorism, an" here, an"time, heM she himself, or hisM her famil", as the case ma" be, ill deserve to *et the compensation as notified b" the *overnment& .. ReE(ire" Doc(ment r9 Proof& For Shaheed$Ebituar" issued b" the Gepartment concerned& Police F%9& %n case of F!3! %ncident, Geath Certificate b" !*enc" sur*eon verified b" Political !*ent&
17/

,ist of le*al heirs verified b" GCE M P!& !uthorit" letter si*ned b" the members of famil" here an" one member of famil" is authori>edM nominated to receive pa"ments& For permanent incapacitation& Police F%9 supported b" #edical 9eport& %n case of F!3!, 9eport of !*enc" Sur*eon verified b" Political !*ent& Provided that the affected civil servants, as defined above, servin* in the jurisdiction of F!3! ill be paid out of funds provided b" Federal 0overnment to F!3!& %& Proce"(re C Responsi)i#it9. 3he Gistrict Coordination EfficerMPolitical !*ent shall be responsible to

initiate the cases of compensations and for ard a complete case to the Finance Gepartment and 'stablishment Gepartment throu*h the !dministrative Gepartment concerned, a eek time of the incident positivel"& 3he Finance Gepartment and 'stablishment Gepartment shall finali>e the case of compensation hich shall be delivered to the affected famil" in the fourth GCE M P! of the districtM!*enc" concerned&
(!uthorit" letter 1o&SE9<%('L!G)1-1/M-//4, dated 1st Ectober, -//4)
171

ithin

ithin t o

eeks and shall issue the che:ue eek of the incident throu*h the

Con"(ct R(#es
St t(tor9 Provision re2 r"in2 Con"(ct. Section +6 of N4FP Civi# Serv nts Act* +,-.& Conduct$- 3he conduct of a civil servant re*ulated b" rules made, or instructions issued, b" 0overnment or a prescribed authorit", hether *enerall" or in respect of a specified *roup or class of civil servants& T'e N4FP Government Serv nts =Con"(ct> R(#es*+,8-. 1& S'ort tit#e n" commencement. (1) 3hese rules ma" be called the ??@1orth-2est Frontier Province 0overnment Servants (Conduct) 9ules,14?5& (-) 3he" shall come into force at once& -& E1tent of pp#ic tion/03hese rules appl" to ever" person, hether on dut" or on leave ithin or ithout the 1orth-2est Frontier Province servin* in connection ith the affairs of the 1orth-2est Frontier Province, includin* the emplo"ees of the Provincial 0overnment deputed to serve under the Federal 0overnment or Corporation or ith a non-0overnment emplo"er, but e(cludin*/0 (a) members of an !ll-Pakistan Service servin* in connection ith the affairs of the Province; ith a statutor"

(b) emplo"ees of the Federal 0overnment or other authorit" deputed temporaril" to serve under the Provincial 0overnment; and (c) holders of such posts in connection ith the affairs of the Province of 1orth2est Frontier as the Provincial 0overnment ma", b" a notification in the official 0a>ette, specif" in this behalf& 6& Definitions/0 (1) %n these rules, unless there is an"thin* repu*nant in the subject or conte(t; (a) )0overnment) or )Provincial 0overnment) means the 0overnment of the 1orth-2est Frontier Province; (b) )0overnment Servant) means a person to hom these rules appl"; (c) )member of a 0overnment Servant=s famil") includes/0 (i) his ife, children and step children, parents, sisters and minor brothers, residin* ith and holl" dependent upon the 0overnment Servant; and
?? Published

in the 12FP 0overnment 0a>ette, '(traordinar", dated 1/&-&??&

17-

(ii) an" other relative of the 0overnment servant or his ife hen residin* ith and holl" dependent upon him; but does not include a ife le*all" separated from the 0overnment servant or a child or step-child ho is no lon*er in an" a" dependent upon him, of hose custod" the 0overnment servant has been deprived b" la ; (d) )Province) means the 1orth-2est Frontier Province& (-) 9eference to a ife in clause(c) sub-rule(i)shall be construed as reference to the husband here the 0overnment servant is a oman& .& Repe #/0 3he 2est Pakistan 0overnment Servants (Conduct)9ules,14BB, are hereb" repealed, but such repeal shall not affect an"thin* dul" done or suffered under those rules&
?4.!

No Government Serv nt s' ##0

(a) accept or obtain or a*ree to accept or attempt to obtain from an" person for himself or for an" other person, an" *ratification (other than le*al remuneration) as a motive or re ard such as is mentioned in section 1B1 of the Pakistan Penal Code; or (b) do or forbear to do an" official act or sho or forbear to sho , in the e(ercise

of his official functions, favour or disfavour to an" person or render or attempt to render an" service or disservice to an" person, in violation or contravention of an" provision of an" la for the time bein* in force, or of rules made under !rticle 114 or 164 of the Constitution of the %slamic 9epublic of Pakistan, or the 12FP Civil Servants !ct, 1456 or an" other la for the time bein* inforce, includin* the 1orth-2est Frontier Province 0overnment 9ules of Kusiness,14?7 in a manner hich ma" appear to facilitate acceptance or obtainin* or a*reein* to accept or attemptin* to obtain from an" person for himself or for an" other person an" *ratification, hatsoever, other than the le*al remuneration, as a motive or re ard; or (c) accept or obtain or a*ree to accept or attempt to obtain for himself or for an" other person, an" valuable thin* ithout consideration or for a consideration hich he kno s to be inade:uate, from an" person hom he kno s to have been, or to be likel" to be, concerned in an" proceedin*s or business transacted or about to be transacted b" him, or havin* an" connection ith the official functions of himself or of an" 0overnment servant to hom he is subordinate, or from an" person hom he kno s to be interested in or related to the person so concerned; or (d) misappropriate, dishonestl" or fraudulentl", or other ise convert for his o n use or for the use of an" other person an" propert" entrusted to him or under his control as a 0overnment servant or illfull" allo an" other person to do so; or
?4 9ule

.! inserted b" 1otification 1o&SE9&%%(SL0!G)7(-)M54(C), dated -5&1&1445&

176

(e) obtain, b" corrupt, dishonest, improper or ille*al means, or seek for himself or for an" other person, an" propert", valuable thin*, pecuniar" advanta*e or undue favour; or (f) possess, directl" or throu*h his dependents or benamidars, an" movable or immovable propert" or pecuniar" resources, disproportionate to his kno n sources of income, hich he cannot reasonabl" account for)& (*) 4/shall attend such functions and meetin*s in hich %slamic moral values are not re*arded or hich are in violation of such values like functions of music

and dancin* b" omen etc& 7& Gift/0 (1) Save as other ise provided in this rule, no 0overnment servant shall, e(cept famil" to accept, from an" person an" *ift the receipt of hich ill place him under an" form of official obli*ation to the donor& %f the offer of a *ift cannot be refused undue offence, it ma" be accepted and delivered to 0overnment for decision as to its disposal& (-) %f an" :uestion arises hether receipt of a *ift places a 0overnment servant under an" form of official obli*ation to the donor, the decision of 0overnment thereon shall be final& (6) %f an" *ift, is offered b" the head of representative of a forei*n State, the 0overnment servant concerned should attempt to avoid acceptance of such a *ift, if he can do so shall report its receipt to 0overnment for orders as to its disposal& (.) 0overnment servants are prohibited from receivin* *ift of an" kind for their persons or for members of their families from diplomats, consulars and other forei*n 0overnment representatives or their emplo"ees ho ever, due to ver" e(ceptional reasons, a *ift cannot be refused, it should invariabl" be deposited in the SL0!G& (7) 0overnment servants, e(cept those dra in* pa" in basic pa" scale 1 to ., are prohibited from acceptin* cash a ards offered b" the visitin* forei*n di*nitaries& %n case, ho ever, if it becomes impossible to refuse di*nitar", the amount ma" be accepted and immediatel" deposited in the 3reasur" under the proper head of account& ithout causin* offence to the visitin* ho are stationed in Pakistan& %f, ithout offendin* the donor& %f, ho ever, he cannot do so, he shall accept the *ift and ithout causin* ith the previous sanction of 0overnment, accept or permit an" member of his

(B) ! 0overnment servant ma" accept *ifts offered abroad or ithin Pakistan b" institutions or official di*nitaries of forei*n 0overnment of comparable or hi*her level; Provided that the value of the *ift in each case does not e(ceed one thousand rupees& ! 0overnment servant desirous of retainin* a *ift can retain it on pa"ment of the difference as evaluated under sub-rule(5)& %n an" other case, the *ift ma" be offered for sale&
4/ 1e

orth more than one thousand rupees,

clause (*) added vide 1otification 1o&SE9-<%M'L!GM--1BM-//6 dated -?th Fune, -//.&

17.

(5) For the purpose of sub-rule(B), the value of the *ift shall be assessed b" the SL0!G in consultation b" the recipient, if it does not e(ceed one thousand rupees& 2here the value of the *ift e(ceeds one thousand rupees, the recipient ma" be allo ed to retain the *ift, if he so desires, on pa"ment of a sum orked out in the follo in* manner/0 (a) 2here the value of the *ift e(ceeds one thousand rupees but does not e(ceed five thousand rupees, t ent"-five percent of the value of the *ift in e(cess of one thousand rupees; or (b) 2here the value of the *ift e(ceeds five thousand rupees, t ent" five percent of so much of the value as e(ceeds one thousand rupees but does not e(ceed five thousand rupees plus fifteen percent of so much of the value as e(ceeds five thousand rupees& (?) 3he responsibilit" for reportin* the receipt of a *ift shall devolve on the individual recipient& !ll *ifts received b" a 0overnment servant, irrespective of their prices or value, must be reported to the SL0!G& 8o ever, the responsibilit" for reportin* to the SL0!G the receipt of *ifts, includin* the names of recipients, from forei*n di*nitaries or dele*ations, either durin* their visits to Pakistan or durin* the visits of Pakistani di*nitaries ith the Finance Gepartment and shall be allo ed to be retained

or dele*ations abroad, shall lie former case, and dele*ations

ith the Chief of Protocol or his representative in the

ith the !mbassador concerned in the latter case& %n the case of forei*n

or visitin* di*nitaries ith hom the Chief of Protocol is not associated, the #inistr"MGepartment sponsorin* the visit shall be responsible to suppl" the details of *ifts, if received, and the list of recipients to the SL0!G& B& Accept nce of forei2n : r"s/01o 0overnment servant shall, e(cept ith the approval of the 0overnor of 12FP, accept a forei*n a ard, title or decoration& E1p# n tion/0For the purpose of this rule, the e(pression )approval of the 0overnor) means prior approval in ordinar" cases and e(-post facto approval in special cases here sufficient time is not available for obtainin* prior approval& 5& P()#ic "emonstr tion in 'ono(r of Government serv nts or r isin2 of f(n"s )9 t'em/0(1) 1o 0overnment servant shall encoura*e meetin*s to be held in his honour or presentation of addresses of hich the main purpose is to praise him; Provided that the 8ead of Pakistan #ission !broad, hile so posted, ma" attend a public meetin* or entertainment held in his honour& (-) 1o 0overnment servant shall take part in raisin* funds, e(cept/0 (a) for an" public or charitable purposes, ith the previous permission of his ne(t hi*her officer; or (b) for a charitable object connected ith the name of a 0overnment servant or person recentl" :uitted 0overnment service ith the previous permission of the 0overnment; Provided that 0overnment servants belon*in* to the Provincial Police Service or '(cise and 3a(ation Service shall not be *ranted an" such permission&
177

?& Gifts to Me"ic # Officer/0Subject to the departmental rules in this behalf, a medical officer ma" accept an" *ift of moderate value offered in *ood faith b" an" person or bod" of persons in reco*nition of his professional services&

4& S()scriptions/01o 0overnment servant shall, e(cept ith the previous sanction of 0overnment, ask for or accept or in an" a" participate in the raisin* of an" subscription or other pecuniar" assistance in pursuance of an" object hatsoever& 1/& Len"in2 borro mone" from, or place himself under an" pecuniar" obli*ation to, an" person local limits of his authorit" or an" person ith hom he has an" official dealin*s$ Provided that a 0overnment servant ma"/0 (i) deal in the ordinar" course of business ith a joint stock compan", bank or a firm of standin* or the 8ouse Kuildin* Finance Corporation; and (ii) accept a purel" temporar" loan of small amount, free of interest, from a personal friend or the operation of a credit account ith a bonofide tradesman& (-) 2hen a 0overnment servant is appointed or transferred to a post of such a nature that a person from himself under pecuniar" obli*ation ill be subject to his official authorit", or ill reside, possess immovable propert", or carr" on business, ithin the local limits of such authorit", the 0overnment servant shall forth- ith declare the circumstances, hen he is a 0a>>etted Efficer, to 0overnment throu*h the usual channel, and here he is a 1on-0a>>etted 0overnment Servant, to the head of his office& (6) 3his rule, in so far as it ma" be construed to relate to loans *iven to or taken from Cooperative Societies re*istered under the Cooperative Societies !ct,14-5, or under an" la for the time bein* in force relatin* to the re*istration of Cooperative Societies, b" the 0overnment servants shall be subject to an" *eneral or special restrictions or rela(ation made or permitted b" 0overnment& 11& ;(9in2 n" se##in2 of v #( )#e propert9* mov )#e n" immov )#e/0 41@9ule-11 omittedA hom he has borro ed mone" or to hom he has other ise placed ithin the n" ;orro:in2/0(1) 1o 0overnment servant shall lend mone" to, or

1-& Dec# r tion of propert9/0(1) 'ver" 0overnment servant shall, at the time of enterin* 0overnment service, make a declaration to 0overnment, throu*h the usual channel, of all immovable and movable properties includin* shares, certificates, securities, insurance policies, cash and je elr" havin* a total value of 9s&7/,///M- (Fift" thousand rupees) or more belon*in* to or held b" him or a member of his famil" and such declaration shall(a) state the district ithin hich the propert" is situated; (b) sho separatel" individual items of je elr" e(ceedin* 9s&7/,///M- (Fift" thousand rupees) in value; and
41 9ule-11

omitted vide 1otification 1o&SE9-<%M'L!GM--1BM-//6 dated 5th #arch, -//7&

17B

(c) *ive such further information as 0overnment ma", b" *eneral or special order, re:uire&
4- (-)

'ver" 0overnment servant shall submit to 0overnment, throu*h usual

channel, an annual declaration of income, assets and e(penses for the financial "ear, endin* on 6/th Fune, sho in* an" increase or decrease of propert" as sho n in the declaration under sub-rule(1) or the last annual return, as the case ma" be&D and
46(6)

Geclaration of !ssets Proforma shall be opened in the concerned section each

"ear and entered into the relevant database& 16& 4.Disc#os(res of ssets* immov )#e n" #iE(i"/0 ! 0overnment servant shall disclose all his assets, immovable as ell as li:uid and e(penses durin* an" period in the specified form, hen re:uired to do so b" 0overnment& 1.& Spec(# tion n" Investment/0(1) 1o 0overnment servant shall speculate in investments& For the purpose of this sub-rule the habitual purchase and sale of securit" of notoriousl" fluctuatin* value shall be deemed to be speculation in investments& (-) 1o 0overnment servant shall make, or permit an" member of his famil" to make, an" investment likel" to embarrass or influence him in the dischar*e of his official duties& (6) 1o 0overnment servant shall make an" investment the value of hich is likel" to be affected b" some even of hich information is available to him as a 0overnment

servant and is not e:uall" available to the *eneral public& (.) %f an" :uestion arises hether a securit" or an investment is of the nature referred to in an" of the fore*oin* sub-rules, the decision of 0overnment thereon shall be final& 17& Promotion n" m n 2ement of comp nies* etc/0 1o 0overnment servant shall, e(cept or mana*ement of an" bank or compan"$ Provided that a 0overnment servant ma", subject to the provisions of an" *eneral or special order of 0overnment, take part in the promotion, re*istration or mana*ement of a Cooperative Societ" re*istered under an" la for the time bein* in force for the purpose& 1B& Priv te tr "e* emp#o9ment or :or!/0 (1) 1o 0overnment servant shall, e(cept ith the previous sanction of the 0overnment, en*a*e in an" trade or undertake an" emplo"ment or ork, other than his official duties$ Provided that he ma", ithout such sanction, undertake honorar" ork of a reli*ious, social or charitable nature or occasional the condition that his official duties do not thereb" suffer and that the occupation or undertakin*
4- Sub-rule 46

ith the previous sanction of 0overnment take part in the promotion, re*istration

ork of a literar" or artistic character, subject to

- substituted vide 1otification 1o&SE9-<%M'L!GM--1BM-//6 dated 5th #arch, -//7&

4.

1e

sub-rule 6 added vide 1otification 1o&SE9-<%M'L!GM--1BM-//6 dated 5 th #arch, -//7&

)9ule

16)substituted b" 1otification 1o&SE9%%%(SL0!G)7(-) 54, dated 4&B&144B)&

175

does not conflict or is not inconsistent ith his position or obli*ations as a 0overnment servant but he shall not undertake or shall discontinue such ork if so directed b" 0overnment& ! 0overnment servant undertakin* an" particular ork should refer the matter for the orders of 0overnment$ Provided further that non-*a>>etted 0overnment servant ma", ithout such sanction, undertake a small enterprise hich absorbs famil" labour and here he does so shall file ho has an" doubt about the propriet" of

details of the enterprise alon* ith the declaration of assets& (-) 1ot ithstandin* an"thin* contained in sub-rule(1), no 0overnment servant shall associate himself hich is not sponsored b" 0overnment& (6) 3his rule does not appl" to sports activities and memberships of recreation clubs& 15& No Government serv nt s' ## #ive )e9on" 'is me ns* etc/0 1o 0overnment servant shall live be"ond his means or indul*e in ostentation on occasions of marria*e or other ceremonies& 1?& S()#ettin2 of resi"enti # ccommo" tion ##otte" )9 Government/0 1o 0overnment servant shall, e(cept Gepartment, sublet residential accommodation or an" portion thereof allotted to him b" 0overnment& 14& Inso#venc9 n" ' )it( # in"e)te"ness/0 (1) ! 0overnment servant shall avoid habitual indebtedness& %f a 0overnment servant is adjud*ed or declared insolvent or if the hole of that portion of his salar" hich is liable to attachment is fre:uentl" attached for debt has been continuousl" so attached for a period of t o "ears, or is attached for a sum hich in ordinar" circumstances, he cannot repa" presumed to have contravened these rules unless he proves that the insolvenc" or indebtedness is the result of circumstances hich, ith the e(ercise of ordinar" dili*ence, he could not have foreseen or over habits& (-) ! 0overnment servant ho applied to be or is adjud*ed or declared insolvent shall forth ith report his insolvenc" to the 8ead of the Effice or Gepartment or to the Secretar" to the !dministrative Gepartment, as the case ma" be, in hich he is emplo"ed& -/& Report )9 Government serv nt in c se of 'is invo#vement in crimin # c se/0 %f a hich he had no control and as not due to e(trava*ant or dissipated ithin a period of t o "ears, he shall be ith the prior permission of the 8ead of the ith an" private trust, foundation or similar other institution

0overnment servant is involved as an accused in a criminal case, he shall brin* the fact of such involvement or conviction, as the case ma" be, to the notice of the 8ead of the Effice or Gepartment immediatel" or, if he is arrested and released on bail, soon after such release& -1& Un (t'oriNe" comm(nic tion of offici # "oc(ments or inform tion/0 1o 0overnment servant shall, e(cept in accordance ith an" special or *eneral order of 0overnment, communicate directl" or indirectl" an" official information or the contents of an" official document to a 0overnment servant not authori>ed to receive it, or to a nonofficial person, or to the press&
17?

--& Appro c' to Mem)ers of t'e Assem)#ies/0 1o 0overnment servant shall, directl" or indirectl" approach an" member of the 1ational !ssembl" or a Provincial !ssembl" or an" other non-official person to intervene on his behalf in an" matter& -6& M n 2ement* etc. of Ne:sp pers or Perio"ic #s/0 1o 0overnment servant shall e(cept ith the previous sanction of 0overnment, o n holl" or in part, or conduct or participate in the editin* or mana*ement of an" ne spaper or other periodical publication& -.& R "io0;ro "c st n" comm(nic tions to t'e Press/0 1o 0overnment servant shall, e(cept ith the previous sanction of 0overnment, or an" other authorit" empo ered b" it in this behalf, or in bona fide dischar*e of his duties, participate in a radio broadcast or television pro*ramme or contribute an" article or in his o n name or in the name of an" other person to an" ne spaper or periodical$ Provided that such sanction shall *enerall" be *ranted if such broadcast or television rite an" letter, either anon"mousl" or

pro*ramme or such contribution or letter is not, or ma" not be considered likel" to jeopardi>e the inte*rit" of the 0overnment servant, the securit" of Pakistan or friendl" relations ith forei*n states or to fend public order, decenc" or moralit", or tantamount to contempt of court, defamation or incitement to an offence$ Provided further that no such sanction shall be re:uired if such broadcast or television pro*ramme or such contribution or letter is of a purel" literar", artistic or scientific character& -7& P()#ic tion of inform tion n" p()#ic speec'es c p )#e of em) rr ssin2 Government/0(1) 1o 0overnment servant shall, in an" document, published or an" public utterance, radio broadcast or television pro*ramme, or in an" other manner make an" statement of fact or opinion Provincial 0overnment& Provided that technical staff ma" publish research papers on technical subjects, if such papers do not e(press vie s on political issues or on 0overnment Polic" and do not include an" information of a classified nature& (-) 2here a 0overnment servant submits the draft of a literar", artistic or scientific article or book for obtainin* previous sanction for its publication, he shall be informed and if no communication is issued to him ithin that period, he shall be entitled to presume that the sanction asked for has been *ranted& -B& Evi"ence )efore Committees/0(1) 1o 0overnment servant shall *ive evidence before a public committee e(cept ith the previous sanction of 0overnment& (-) 1o 0overnment servant *ivin* such evidence shall critici>e the polic" nor decision of the Federal or an" Provincial 0overnment& (6) 3his rule shall not appl" to evidence *iven before statutor" committees hich ithin three months of his doin* so hether he has or has not such sanction$ hich is capable of embarrassin* the Federal or an"

has po ers to compel attendance and the *ivin* of ans ers, nor to evidence *iven in judicial in:uiries&
174

-5& T !in2 p rt in po#itics n" e#ections/0 (1)1o 0overnment servant shall take part in, subscribe in aid of, or assist in an" a", an" political movement in Pakistan or relatin* to the affairs of Pakistan& (-) 1o 0overnment servant shall permit an" person dependent on him for maintenance or under his care or control to take part in, or in an" movement directl" or indirectl", to be subversive to 0overnment as b" la established in Pakistan& (6) 1o 0overnment servant shall canvass or other ise interfere or use his influence in connection ith or take part in an" election to a le*islative bod", hether in Pakistan or else here$ Provided that a 0overnment servant ho is :ualified to vote at such election ma" e(ercise his ri*ht to vote; but if he does so, he shall *ive no indication of the manner in hich he proposes to vote or has voted& (.) 1o 0overnment servant shall allo an" member of his famil" dependent on him to indul*e in an" political activit", includin* formin* a political association and bein* its member, or to act in a manner in hich he himself is not permitted b" sub-rule(6) to act& (7) ! 0overnment servant ho issues an address to electors or in an" other manner publicl" announces himself or allo s himself to be publicl" announced as a candidate or prospective candidate for election to a le*islative bod" shall be deemed for the purpose of sub-rule(6) to have taken part in an election to such bod"& (B) 3he provisions of sub-rule(6) and (7)shall, so far as ma" be, appl" to elections to local authorities or bodies, save in respect of 0overnment servants re:uired or permitted a" assist, an"

b" or under an" la or order of 0overnment, for the time bein* in force, to be candidates at such election& (5) %f an" :uestion arises hether an" movement or activit" falls ithin the scope of this rule, the decision of 0overnment thereon shall be final& -?& Prop 2 tion of Sect ri n Cree"s* etc/0 1o 0overnment servant shall propa*ate such sectarian creeds or take part in such sectarian controversies or indul*e in such sectarian partialit" and favourtism as are likel" to affect his inte*rit" in the dischar*e of his duties or to embarrass the administration or create feelin*s of discontent or displeasure amon*st the 0overnment servants in particular and amon*st the people in *eneral& -4& Government serv nts not to e1press vie:s 2 inst t'e i"eo#o29 of P !ist n/0 1o 0overnment servant shall e(press vie s detrimental to the ideolo*" or inte*rit" of Pakistan& 6/& Nepotism* f vo(rtism indul*e in provincialism, parochialism, nepotism, favourtism, victimi>ation or office& 61& Vin"ic tion )9 Government serv nts of t'eir p()#ic cts or c' r cter/0 (1)! 0overnment servant shall not, recourse to an" Court or to the press for the vindication of his public acts or character from defamator" attacks& 2hen 0overnment *rants sanction to a 0overnment servant to have recourse to a court, 0overnment ill ordinaril" bear the cost of the proceedin*s, but ma" leave the
1B/

n" victimiN tion* etc/0 1o 0overnment servant shall illful abuse of

ithout the previous sanction of 0overnment have

0overnment servant to institute them at his o n e(pense& %n the latter case, if he obtains a decision in his favour, 0overnment ma" reimburse him to the e(tent of the part of the cost& hole or an"

(-) 1othin* in this rule limits or other ise affects the ri*ht of a 0overnment servant to vindicate his private acts or character& 6-& Mem)ers'ip of service Associ tion/0 (1) 1o 0overnment servant shall be a member, representative of office bearer of an" association representin* or purportin* to represent 0overnment servants, unless such association satisfies the follo in* conditions, namel"/0 (a) #embership of the !ssociation and its office bearers shall consist of persons in one and the same )functional unit) and if there is no such functional unit, it ma" be formed b" persons borne on a specific sin*le cadre in or under a Gepartment; (b) Effice-bearers of the !ssociation shall be elected from amon*st members of the !ssociation actuall" servin*& Persons ho have retired or have been dismissed or removed from service shall cease to be members of such !ssociation; (c) 3he !ssociation shall neither affiliate nor associate ith an" other bod" or !ssociation belon*in* to an" other cadre; (d) 3he !ssociation shall confine its representations to matters of *eneral interest of 0overnment servants hom it represents and shall not involve itself in individual cases of its members& !lso the office bearers and members of the !ssociation shall not participate in the activities of the !ssociation at the cost of their official duties; (e) 3he !ssociation shall not en*a*e in an" activit" or pursue a course of action hich its members are individuall" prohibited to en*a*e in or pursue under these rules or the instructions issued b" 0overnment, from time to time, concernin* conduct of 0overnment servant and service discipline; (f) 3he !ssociation shall not, in respect of an" election to le*islative bod", or to a local authorit" or bod", hether in Pakistan or else here(i) pa" or contribute to ards an" e(penses incurred in connection ith the candidature for such election& (ii) support in an" manner the candidature of an" person for such election; or

(iii) undertake or assist in the re*istration of a candidate for such election; (*) 3he !ssociation, shall not(i) issue or maintain an" periodical publication e(cept in accordance ith an" *eneral or special order of 0overnment; and
1B1

(ii) publish, e(cept ith the previous sanction of 0overnment, an" representation on behalf of its members, hether in the press or other ise; (h) 3he !ssociation shall *et its b"e-la s or rules approved b" the !ppointin* !uthorit", ho ma" at an" time re:uire an" modification therein or propose rules or b"e-la s, in a particular manner; and (i) the !ssociation shall submit annual statement of its accounts and lists of its members and office bearers to the !ppointin* !uthorit"& Such statement and lists shall be submitted before %st September ever" "ear; (ii) the !ssociation shall not represent or purport to represent 0overnment servants unless it is reco*ni>ed b" the competent authorit"; (iii) the appointin* authorit" in respect of a cadre shall be the authorit" competent to reco*ni>e the !ssociation of that cadre; Provided that here the cadre consists of hi*her and lo er *rades, the authorit" competent to reco*ni>e the !ssociation shall be the appointin* authorit" in respect of the hi*hest post in the cadre; (iv) a 0overnment servant ho deals ith the !ssociation of a particular cadre and is also member of that cadre shall not become office bearer of such !ssociation nor shall he take part in an" activit" of the !ssociation; (v) 0overnment in its discretion ma" ithdra reco*nition of an !ssociation, if in its opinion, such !ssociation has violated an" of the conditions of reco*nition& 66& Restriction on ccept nce of mem)ers'ip of cert in ssoci tion/0 1o 0overnment servant shall accept membership of an" association or or*ani>ation objects, hose aims and

nature of activities and memberships are not publicl" kno n& 6.& Use of po#itic # or ot'er inf#(ence/0 1o 0overnment servant shall brin* or attempt to brin* political or other outside influence directl" or indirectl", to bear on 0overnment or an" 0overnment servant in support of an" claim arisin* in connection as such& 67& Appro c'in2 Forei2n Mission n" Ai"0Givin2 A2encies/0 (1) 1o 0overnment servant shall approach, directl" or indirectl" a Forei*n #ission in Pakistan or an" forei*n aid-*ivin* a*enc" in Pakistan or abroad to secure for himself invitations to visit a forei*n countr" or to elicit offers of trainin* facilities abroad& (-) 0overnment servants should e(ercise *reat caution and restraint in the matter of social contacts ith members of forei*n missions orkin* in Pakistan& 3he" should also avoid casual remarks and observations on official matters in social *atherin* here forei*ners are present&
1B-

ith his emplo"ment

(6) Efficials of the level of !dditional Secretar" and belo should not receive officials of forei*n missions, e(cept ith the e(press permission of the Secretar"& (.) 0overnment Servants are prohibited from contactin* or makin* direct approaches to forei*n missions in Pakistan in connection ith their private business& !ll such approaches should be made throu*h proper channel i&e throu*h Chief of Protocol of the #inistr" of Forei*n !ffairs& (7) %nvitations e(tended b" Forei*n #issions on the occasions of their 1ational da"s to officers belo the status of Secretaries ma" be accepted after obtainin* permission from the Chief Secretar"& (B) 3he participation of officers belo the status of Secretar" in private functions arran*ed b" forei*n diplomats should *enerall" be discoura*ed& Secretaries and officers of e:uivalent status, ill, ho ever, do so ith prior approval of the Chief Secretar"

(5) 9epeated and fre:uent attendance b" officers at private functions held b" the same forei*n diplomat must be avoided& (?) !s a *eneral rule, onl" those officers ho come into official contact ith the forei*n diplomat concerned should accept invitations& 6B& De#e2 tion of po:ers/0 0overnment ma", b" *eneral or special order, dele*ate to an" officer or authorit" subordinate to it all or an" of its po ers under these rules and ma", b" such order, prescribe the channel throu*h hich reports shall be made to 0overnment and the officers the receipt b" hom such reports shall be re*arded as receipts of the reports b" 0overnment ithin the meanin* of these rules& 65& R(#es not to )e in "ero2 tion of n9 # : etc/01othin* in these rules shall dero*ate from the provisions of an" la , or of an" order of an" competent authorit", for the time bein* in force, relatin* to the conduct of 0overnment servants&
1B6

Interpret tion of Term TGovernmentU s "efine" in t'e N4FP Government Serv nts =Con"(ct> R(#es* +,8-. % am directed to refer to the subject noted above and to sa" that the term I0overnment or Provincial 0overnmentH as defined in the 12FP 0overnment Servants (Conduct) 9ules, 14?5 means the 0overnment of the 1orth 2est Frontier Province& ! :uestion has arisen as to hether the term I0overnmentH or IProvincial 0overnmentH for the purpose of these rules means the provincial 0overnment in the Services and 0eneral !dministration Gepartment or the Provincial 0ovt in each !dministrative Gepartment& -& 3he matter has been considered in the SL0!G and it has been held that the term 0overnment appearin* in the 12FP 0overnment Servants (Conduct) 9ules, 14?5 means the

Provincial 0overnment in an" !dministrative Gepartment& 3he !dministrative Secretaries are therefore competent to *rant permission under an" rule of the 12FP 0overnment Servants (Conduct) 9ules, 14?5 to an officer under their administrative control& 6& 3he !dministrative Gepartments are therefore advised to deal ith individual cases pertainin* to the 12FP 0overnment Servants (Conduct) 9ules, 14?5, at their level instead of referrin* such cases to Services and 0eneral !dministration Gepartment& 3he cases of officers belon*in* to !P+0 servin* in the Province shall, ho ever be decided b" the Chief Secretar" 12FP in e(ercise of the po ers conferred on him b" the 'stablishment Givision 0overnment of Pakistan vide E# 1o&-BM1MB4-G-%< dated 15&1-&B4&
(!uthorit" SL0!G ,etter 1o&SE9-%%(SL0!G)7(-5)M54 dated 1B&11&4?)

Le ! 2e of inform tion Q tre tment of confi"enti # p pers. % am directed to refer to the subject noted above and to state that 9ule 6? of the 12FP 0overnment 9ules of Kusiness, 14?7 provides that no information ac:uired directl" or indirectl" from official documents or relatin* to official matters, shall be communicated b" 0overnment Servants to the press, to an" non-official or officials belon*in* to other *overnment offices here he has been *enerall" or specificall" empo ered to do so& -& Sub rule (a) of 9ule-B5 of the 12FP #anual of Secretariat %nstructions, 14?4 also provides that all papers received or dealt nature and their contents should not be disclosed to or discussed and strictest secrec" shall be observed ith re*ard to their contents& 6& !n" breach of the above rules is punishable ith imprisonment under Section-7 of the Efficial Secret !ct 14-6 (!ct ;%; of 14-6)& #oreover, 9ule--1 of the 12FP Civil Servants ith an" un-authori>ed person ith in the Secretariat are of a confidential

(Conduct) 9ules 14?5 also debars communications directl" or indirectl" of an official information or contents of official documents to a 0overnment Servant not authori>ed to receive it or to non-official person or to the press& .& 8o ever, instances have come to notice that classified information and reports from *overnment offices and intelli*ence a*encies have been leaked out and disclosed to unauthori>ed individuals hich can cause serious conse:uences and embarrassment to the 0overnment& 7& 9ecentl", a secret a*enc" conducted an in:uir" at the re:uest of a Gepartment and on the basis of its report, the Gepartment issued sho cause notice to the concerned official, and
1B.

not onl" specificall" mentioned the report of that a*enc" but also attached copies of the en:uir" report office of the a*enc" and put its officials in embarrassin* situation& B& 3he Chief Secretar", 12FP has taken a serious notice of this lapse and has directed that all concerned should ensure complete confidentialit" in accordance ith the Efficial Secret !ct, 14-6 and the e(istin* rulesMre*ulations hile handlin* sensitiveMconfidential informationMintelli*ence reports& Such reports should not be used in this fashion and hile :uotin* the report it should onl" be stated that it has been reported thatVVVVVand source should not be :uoted& 5& 1ecessar" instructions in this re*ard have been issued to all concerned b" the Provincial 0overnment of 12FP from time to time ith the directions to strictl" observe the above *uidelines& 8o ever, certain instances have come to the notice of Chief Secretar", 12FP that aforesaid rulesMinstructions are not bein* follo ed strictl"& ?& % am, therefore, directed to re:uest "ou to kindl" brin* these instructions into the notice of all concerned orkin* under "our administrative control for strict compliance& ith the sho cause notice, and the concerned person approached the

Kreach of the same shall render the concerned officials to disciplinar" and le*al action under the la &
(!uthorit"; letter 1o& SE9-<%M'L!GM--B/M-//, Gated 16th #arch -//?)

Committ # to prison. ! servant of 0overnment committed to prison either for debt or on a criminal char*e should be considered as under suspension from the date of his arrest, and should be allo ed onl" the pa"ments laid do n in Fundamental 9ule 76 until the termination of the proceedin*s a*ainst him, the circumstances of the case, the full amount bein* *iven onl" in the event of the 0overnment servant bein* ac:uitted of blame or (if the imprisonment proved that the 0overnment servant=s liabilit" arose from circumstances be"ond his control& 0overnment decision- ! 0overnment servant ho as dismissed from service on account of conviction b" a court of la imprisonment and as later on released on bail& En appeal he as honourabl" ac:uitted and as reinstated, some time after the ac:uittal, ith full pa" under F& 9& 7. (a) for the entire period of his absence from dut", commencin* from the date from be*an, to the date precedin* that on hich he as reinstated& ! :uestion arose hether the action of the reinstatin* authorit" as covered b" F& 9& 7. (a) and have decided that F& 9& 7. applies to departmental punishment and not to cases of punishment b" a as in order& 3he 0overnment ith the concurrence of the !uditor 0eneral hich the term of imprisonment in a private case under- ent a term of as for debt), to its bein* hen an adjustment of his pa" and allo ances should be made accordin* to

court of la case

for an alle*ed offence

hich has nothin* to do

ith his official duties& 3he

should be decided ith reference to the provisions in Section %< of !ppendi( 6 of the compilation of the Fundamental and the Supplementar" 9ules (<olume %%)& %n such cases the proceedin*s mi*ht be considered to have terminatin* on the date precedin* the date on hich the official pa" for the entire period of his absence treated as in order&
(F&E& C&=s letter 1o G&-?B4-P&3&M6?, dated the ?th !u*ust 146?)
1B7

as reinstated and the action of the reinstatin* authorit" in *rantin* him full

Girector 0eneral=s %nstructions$- (1) 3he phrase )termination of proceedin*s) does not mean a decision of all the various appeals of the clause is that in cases here the competent authorit" considers that dismissal of the 0overnment servant concerned should follo have effect from the CourtHs order of conviction, i&e&, immediatel" on the termination of the first final& Gismissal cannot be ordered retrospectivel" ith effect from the date of arrest&
(l, 0& of P& and 3=s #emorandum 1o& 1-//-!& 9&M-7 dated the 15th September 14-B& letter 1o& 1BBMStaff& K&M44 dated the -?the Februar" 14-4, to !ll 8eads of circles, etc&& and letter 1o& 's& K&%%%&-M./, dated the -rd !pril 14./ to the !&0&, P& and 3)

hich are open to the convicted man& 3he intention

his conviction and the dismissal should

(-) ! 0overnment servant as convicted b" a ma*istrate under Section ./4& %& P& C& 8e preferred an appeal a*ainst his conviction to the 8i*h Court hich set aside the conviction and ordered a retrial of the case b" the #a*istrate& %n a retrial also the official as convicted&

(6) ! :uestion arose as to hich date vi>&, the date of first conviction or the date of conviction on retrial should be taken as the date of termination of the first final& %t has been decided that in such case the date of termination of the first final should be the date of issue of the orders on retrial&
( G&0&,P L 3=s letter 1o& 's& K-%%% -4M.1, date the -7th September 14.-&)

CSR +,%0A/ ! 0overnment Servant ho has been char*ed for a criminal offence or debt and is committed to prison shall be considered as under suspension from the date of his arrest& %n case such a 0overnment Servant is not arrested or is released on bail, the competent authorit" ma" suspend him, b" specific order, if the char*e a*ainst him is connected his position as 0overnment Servant or is likel" to embarrass him in the dischar*e of his duties or involve moral turpitude& Gurin* suspension period the 0overnment servant shall be entitled to the subsistence *rant as admissible under F9-76&
(CS9 14. subsituted and CS9 14.-! omitted vide Finance Givision S&9&E 1o&-7(Q')M45, dated .&-&1445)

ith

S(spension of

Government serv nt

cc(se" of crimin # offences. %n cases here 0overnment servants are accused of criminal offences, fre:uent references are made to the 'stablishment Givision on issues such as$ (i) 2hether, on their committal to prison, the" are to be suspended b" a specific order or their suspension is automatic; (ii) 2hether or not on their release on bail after arrest, the" can be reinstated in service; (iii) 2hether their continued suspension re:uires approval of the authorit" after ever" three months&
1BB

-& 3he matter has been considered in the 'stablishment Givision in consultation ith

the ,a under

Givision& %t has been held that cases of the above nature are to be dealt

ith

!rticle 14. and 14.-! of the Civil Service 9e*ulations hich

hich are e(istin* rules and

can not be over-ridden b" administrative instructions contained in section %< of the !ppendi(-6 of Fundamental 9ules and Supplementar" 9ules <ol&%%& 6& %n the conte(t of the points mentioned in para*raph %, the position that emer*es from !rticle 14. and 14.-! of CS9 is e(plained belo /0 (a) ! 0overnment servant committed to prison either for debt or on a criminal char*e should be considered as under suspension from the date of his arrest and until the termination of the proceedin*s a*ainst him i&e his suspension is automatic from the date of arrest till termination of proceedin*s a*ainst him; (b) ! 0overnment servant a*ainst hom a criminal char*e or proceedin* for arrest for debt is pendin* should also be placed under suspension b" the issue of specific orders to this effect durin* periods hen he is not actuall" detained in custod" or imprisoned (e&* hilst released on bail) if the char*e made or proceedin*s taken a*ainst him is connected ith his position as a 0overnment servant or is likel" to embarrass him in dischar*e of his duties as such or involves moral turpitude; and (c) the re:uirement of obtainin* approval of authorit" for e(tension of suspension period after ever" 6 months laid do n in 0overnment Servants ('fficienc" and Giscipline),9ules,1456 applies to suspension ordered under these rules& !rticles 14. or 14.-! do not mention an" such re:uirement& .& %n vie of the position stated above, the ans ers to the :ueries mentioned in Para 1 are as follo s seriatim/0 (i) suspension under !rticle 14. is automatic& Suspension under !rticle 14.-! re:uires specific approval of the competent authorit"; (ii) in the li*ht of hat is stated in the precedin* para*raph, the competent authorit" can, in case the accused official is no lon*er detained in custod", reinstate him in service unless it like him to continue to be under suspension on the consideration that the char*es a*ainst him are connected ith his

position as a 0overnment servant or is likel" to embarrass him in the dischar*e of his duties as such or involve moral turpitude& From the date of reinstatement on ards, the 0overnment servant ill no doubt be paid full pa"& 8o ever, adjustment of allo ances for the period he remained under suspension ill be made as !rticle 14. and 14.-! envisa*e after the termination of the proceedin*s; (iii) approval of competent authorit" for suspension under !rticle 14. or 14.-! is not re:uired after ever" 6 months& 7& 2ith reference to (i) and (ii) in the precedin* para*raph, the follo in* administrative instructions ma" also be follo ed/0 (a) a report ma" be made immediatel" to the )competent authorit") henever a person is committed to prison and is considered to be under suspension under
1B5

article 14. CS9 in order to ensure that the competent authorit" remains in touch ith the position of the official and his case; the fact of suspension ma" also be notified under advice to all concerned includin* the audit authorities in terms of !rticle 14. CS9; and (b) a report on the pro*ress of the criminal case leadin* to the suspension of a 0overnment servant under !rticle 14. or 14.-!& CS9, as the case ma" be, be submitted to the authori>ed officer ever" three months for his information to ensure that he remains in touch ith the position of the official and his case& B& 3he E&#, issues ith the concurrence of the #inistr" of Finance&
(!uthorit"$-E&# 1o&.M1-M5.-G%, dated the 1/th #arch,14?/)

Dismiss # or remov # of Government Serv nts 0 A##o: nces on reinst tement %n continuation of this Gepartment letter 1o&S(9)-16M7?MSE&;%%, dated the 6/th September,147?, % am directed to sa", that accordin* to 9ule 17-(a) of the Sind Civil Service 9ules, <olume-%,( hich corresponds to 9ule 5&6 of Civil Service 9ules, Punjab, <olume%) hen a 0overnment servant is honourabl" ac:uitted in a departmental en:uir" or trial in

Court, the period of absence from dut" on account of the suspension, dismissal or removal from service, has to be treated as period spent on dut"& %f the ac:uittal is other ise than honourable, the period of absence on account of suspension, dismissal or removal not be treated as period spent on dut" unless the revisin* or appellate authorit" so directs& %n this connection a :uestion has arisen lack of evidence should be deemed to be honourable ac:uittal and leaves an" discretion to decide hether the ac:uittal as or as not honourable for the purposes of determinin* the pa" and allo ances pa"able to such servant durin* the said period of absence& -& 0overnment have considered the hole :uestion and it has been decided that for the purposes of pa" and other service matters, it is primaril" necessar" to consider hether or not an ac:uittal is honourable& 2hen a servant is suspended he does not and should obviousl" *et no salar" for the period durin* hich he has rendered no service& Service 9ule, ho ever, make provision for pa"ment of a subsistence allo ance durin* the period so that the servant does not starve& 2here the servant mi*ht have been falsel" involved in the case or in:uir", the State is prepared to compensate him full", provided he satisfies that he has been honourabl" ac:uitted& 3he burden of proof is on him& %n certain cases, it ma" be difficult for him to dischar*e this burden as in the case of a dischar*e on technical *rounds ork for his master hether such ac:uittal hether an ac:uittal on technical *rounds or caused b" ill

here the merits of the case have not been discussed or *one into& %t should be borne in mind that pa"ment of salar" durin* the period of suspension is a matter of favour and not a ri*ht even thou*h the servant is finall" ac:uitted& %t ma" be noted that b" his conduct he contributed to his implication in the case even thou*h he as not *uilt" of the offence& 3herefore, he satisfies 0overnment that the case a*ainst him honourabl" ac:uitted& En the other hand, it technical *rounds that the ac:uittal has not been honourable& 'ver" case should, therefore, be decided on its o n facts and circumstances and if the ac:uittal is held to be honourable the period of absence should be treated as spent on dut"&
1B?

ill not be entitled to salar" durin* the suspension period unless he as absolutel" false and that he has been

ill not be presumed in ever" case of ac:uittal on

6& 3he rulin* reported in !&%&9(66), 14.B Sindh 1-1 is not relevant& 3hat as a case for e(punction of remarks& Kut even in that case the Chief Court held that it inconsistent for a Fud*e to *ive benefit of doubt to an accused and him& !ll that it sa"s is that havin* ac:uitted him, the court cannot proceed to su**est that his innocence had not been established&
(!uthorit"$2est Pakistan SL0!G letter 1o&S(9)1-16M7?MSE;%%, dated 1/&1&1474)

as not

ill point a suspicious fin*er at

Detention of Government Serv nts (n"er t'e P()#ic S fet9 Acts. ! :uestion has arisen hether an emplo"ee of the Federal 0overnment ho is detained in prison for a period of time under the provisions of the Sind #aintenance of Public Safet" !ct, 14.? or a similar enactment and is released ithout an" trial loses his service

under the 0overnment and hether such a person is entitled to an" leave salar" or subsistence allo ance for the period he remained under detention& !s some doubts seemed to e(ist in the matter, the :uestion has been full" considered in consultation ith the ,a Givision and it has been decided that the follo in* procedure should be adopted to re*ulate cases of detention in prison and subse:uent ac:uittal or conviction/0 (i) !s soon as it comes to notice that an emplo"ee has been detained in prison, action should be taken to place him under suspension, the period of the emplo"ee=s detention 47@should be treated as period spent underA committal to prison ithin the meanin* of !rticle 14. C&S&9& and the pa" and allo ances durin* suspension should be re*ulated under F&9&76; (ii) %f the emplo"ee is subse:uentl" ac:uitted honorabl" he should be reinstated forth ith& 8e ill be entitled to receive full salar" for the entire period of his absence from dut" under F&9&7.(a); (iii) %f on the other hand the ac:uittal is not honorable, then the provision of F&9&7. (b) ill appl"; (iv) %f the emplo"ee is released from detention ithout an" trial, it is open to the competent authorit" to take disciplinar" action a*ainst him if *ood and sufficient reasons e(ist from such action& %n that case the procedure prescribed in the 'fficienc" and Giscipline 9ules must be observed; (v) %f the emplo"ee is convicted, he ma" be dismissed from service if his retention in service is not desirable& %n that case the procedure prescribed in the 'fficienc" and Giscipline 9ules, need not be observed& 8e ill be entitled to nothin* more than the subsistence allo ance up to the date of his dismissal from hich date the pa" and allo ance ill cease under F&9&7-&
(!uthorit"$-Effice #emorandum 1o&FM14M11M.4-'sts(S'), dated the -/th Gecember,14.4 )
47 @as

amended vide Effice #emorandum 1o&-5M.1M7--S' %%, dated the 5th Gecember,147.A

1B4

R(#es for t'e ccept nce n" "ispos # of 2ifts )9 Government serv nts 3he 0overnment of Pakistan has partiall" modified the e(istin* 9ules re*ardin* the

acceptance and disposal of *ifts received b" 0overnment servantsH etc& 3he decisions taken b" the 0overnment in this re*ard are *iven belo /0 (1) 3he responsibilit" for reportin* the receipt of the *ift shall continue to devolve on the individual recipient& !ll *ifts received b" a 0overnment servant, irrespective of their prices must be reported to the 3oshakhana in the Cabinet Givision, 0overnment of Pakistan& 3he *ifts are *enerall" *iven hen forei*n di*nitaries or dele*ations come to Pakistan or our <%Ps or dele*ations *o abroad& %f the Chief of Protocol or his representative has been attached to a visitin* di*nitar" or a forei*n dele*ation, it shall be his responsibilit" to suppl" a list of the *ifts to*ether ith the names of the recipients to the Cabinet Givision& %n the case of the dele*ations or visitin* di*nitaries, ith hom the Chief of Protocol is not associated, the #inistr" sponsorin* the visit shall be responsible to suppl" the details of *ifts received and the list of recipients to the Cabinet Givision and the #inistr" of Forei*n !ffairs& %n the case of out*oin* dele*ations or visits abroad of our <%Ps, it shall be the responsibilit" of the !mbassador of Pakistan, in the countr" concerned to report the receipt of the *ifts to*ether ith the name of the recipient to the Cabinet Givision throu*h the #inistr" of Forei*n !ffairs& %f on checkin* the list it is found that an individual has not reported the receipt of a *ift, appropriate action ill be taken a*ainst him under the relevant rules& (-) 0overnment officials e(cept those belon*in* to 0rades 1 to ., are prohibited from receivin* cash a ards offered b" the visitin* forei*n di*nitaries& 3hese ma" please be politel" refused& %n case, ho ever, it becomes impossible to refuse ithout causin* offence to the visitin* di*nitar", the amount should be immediatel" deposited in the treasur" under the head *iven hereafter& (6) 0overnment officials are prohibited from receivin* *ift of an" kind for their person or for members of their families from diplomatic, Consular and other forei*n 0overnment representatives or their emplo"ees, ho are stationed in Pakistan& !s the 8eads of #issions in Pakistan have been caused b" the return of the *ift& %f, ho ever, due to ver" e(ceptional reasons the *ift cannot be

returned, it should invariabl" be deposited in the 3oshakhana& 3hese instructions, ho ever, ould not appl" to *iftsMdonations made to institutions& (.) 3he value of the *ifts ill be assessed b" the Cabinet Givision hich ill devise an improved and practical s"stem of assessin*, in the countr", herever possible, the value of all *ifts received& (7) 3he monetar" limits upto hich the *ifts could be retained b" the recipient have been revised& 3he ne limits are as follo s/0
15/

(a) 0ifts valued upto 9s&1///M- ma" be allo ed to be retained b" the recipients& (b) 0ifts valued bet een 9s&1///M- and 9s&7///M- ma" be allo ed to be retained b" a recipient if he is illin* to pa" -7U of the value of the *ift after deductin* 9s&1///M- from its assessed value& (c) 0ifts of the value be"ond 9s &7,///M- ma" be allo ed to be retained b" a recipient if he is illin* to pa" -7U of the value bet een 9s&1///Mand 9s&7,///M- and 17U of the value above 9s&7,///M-& (B) 3he 8ead of !ccount of 3oshakhana in hich the amounts are to be deposited is )164/-Ethers(1'S)9eceipts of Garbar Presents (Central)& #isc& (5) Presents deposited in 3oshakhana hich are fit for displa", shall be properl" catalo*ued and then displa"ed in the public rooms of the Forei*n Effice and in the residences of the 8ead of the State, the 8ead of the Federal 0overnment and the 0overnors& Such articles ould be properl" entered in the 3oshakhana re*ister and in the stock re*isters of the respective offices& !n annual verification preferabl" in the first eek of Fanuar" shall be carried out in respect of such articles and a report submitted to the Cabinet Secretar"& (?) 0ifts, hich are not fit to be retained or displa"ed, shall be disposed of b" periodical sales to be arran*ed b" the Cabinet Givision, 0overnment of Pakistan& 3he Cabinet Givision ill ensure a ider circulation of the periodic restricted sale of such *ifts& Such sales could be ne*otiated also on the basis of a reserve price, if no bu"ers are available in the restricted auctions& 3hese auctions ill be held once or t ice a "ear& 3he list of *ifts to be sold in such

auctions ill be circulated to all Federal 0overnment officers and officers of the !rmed Forces& (4) 3hese rules also appl" to the emplo"ees of the 0overnment controlled Corporations, autonomous and semi autonomous bodies and all nationali>ed institutions&
(!uthorit"$ Cabinet Givision E&#&1o&?M14M55-3Q dated, 6/&6&145? circulated b" 12FP 1o&SE9%%(SL0!G) 7(-) 54,dated 11&?&14?B)

En2 2ement in tr "e n" ;(siness* etc. )9 spo(ses of Government Serv nts 'stablishment Givision, 0overnment of Pakistan E&# 1o& 5M1M54-G&%<, dated 1M4M1454 on the subject noted above and to sa" that the 0overnment of 12FP have also decided to obtain a certificate from its civil servants similar to that asked for b" the Federal 0overnment for its emplo"ees in respect of en*a*ement in trade or business of their spouses& !ll those emplo"ees of the Provincial 0overnment orkin* under "our control, hose spouses are emplo"ed in private enterprises or en*a*ed in business or other profession should render a certificate to the affect that the profession, trade or business in hich such a civil servant; spouse is en*a*ed is in no a" under hisMher official influence&
151

-& Such certificates in the case of 0rade-1B and belo civil servants shall be retained b" the 8ead of !ttached Gepartments concerned& %n the case of 0rade-15 and above 0overnment Servants such certificates ill be retained in the !dministrative Gepartment concerned&
(!uthorit"$-Circular letter 1o&SE9%%(SL0!G)1/-1M5?(QC -) , dated 6&1/&1454)&

En2 2ement in tr "e n" ;(siness* etc. )9 spo(ses of Government Serv nts +nder the 0overnment Servants (Conduct) 9ules,14B., no 0overnment servant is allo ed to en*a*e in an" trade or undertake an" emplo"ment or official ork, other than his

duties, e(cept ith the previous sanction of the 0overnment& 3here is, ho ever, no bar to the spouses of 0overnment servants takin* emplo"ment or en*a*in* in an" trade or profession& %t has come to the notice of 0overnment that the been en*a*in* in trade and business misused& %n such cases, the possibilit" of public interest bein* jeopardi>ed cannot be ruled out& -& %n order to safe*uard the public interest in such cases, it has been decided that all 0overnment officials hose spouses have undertaken some private job or are en*a*ed in business and trade ma" be directed to render a certificate to the Secretar" of the #inistr"M Givision or the 8ead of the Gepartment concerned that the profession, trade or business in hich his or her spouse is en*a*ed in no a" under hisMher official influence&
(!uthorit"$ 'stt$Givision E&# 1o&5M1M54-G&%<, dt 1&4&54 L 12FP 1o&SE9%%(SL0!GS) 1/-1M5?, dt 6&1/&54)

ives of some 0overnment servants have

here influence of the husband could possibl" be

Accept nce of Gifts. %nstances have come to the notice of the Federal 0overnment that some civil servants in utter dis-re*ard of the provisions of 9ule-7 of the Central, 0overnment Servants (Conduct), 9ules,14B. have been acceptin* *ifts not onl" from 0overnment Er*ani>ations but even from private firms and factories offendin* an" one& 9ule-7 of the 2est Pakistan 0overnment Servants (Conduct), 9ules,14BB, hich rules are applicable to the civil servants of the 0overnment of 12FP, la"s the same embar*o on the Provincial Civil Servants in the acceptance of *ifts& %n order to preclude the possibilit" of occurrence of such irre*ularit" in the Provincial sphere, it ma" be emphasi>ed on the hich could be safel" refused ithout

officials

orkin* in the Provincial 0overnment GepartmentsM %nstitutions and

!utonomous KodiesMCorporations of the Provincial 0overnment that the" should e(ercise much *reater caution and restraint in the acceptance of *ifts& Contravention of rules and instructions on the subject ma" lead to severe disciplinar" action a*ainst the defaulter& -& 3hese instructions ma" please be brou*ht to the notice of all concerned for strict compliance&
(!uthorit"$-Circular letter 1o&SE9%%(SL0!G)1/-1M55(QC 1o&1) , dated 6&1/&1454)

Accept nce of Gifts. !ccordin* to the instructions contained in the Cabinet Givision=s Effice #emorandum 1o&?M14M55-3Q, dated the 6/th #arch,145?, the responsibilit" for reportin* receipt of *ifts
15-

devolves on the individual recipient& !ll *ifts received b" a 0overnment official irrespective of their prices, are to be reported to the 3oshakhana in the Cabinet Givision, 0overnment of Pakistan& 0overnment officials are also barred from receivin* *ifts of an" kind for their person or for members of their families from the Giplomatic, the consulars and other forei*n 0overnment representatives and their emplo"ees& -& Cases have come to notice of the Cabinet Givision here some recipients did not intimate the receipt of the *ifts, on their o n or the" did so ver" late& %t has also been observed that 0overnment officials have been acceptin* *ifts not onl" from 0overnment or*ani>ations but also from private firmsMparties in contravention of the e(istin* instructions& 6& !ll #inistriesMGivisions are, therefore, once a*ain re:uested to advise the officials orkin* in the 0overnment GepartmentsM!*enciesMCorporationsMother Er*ani>ations under their control to observe the rules on the subject in their o n interest&

(!uthorit"$ Cabinet Givision E&# 1o&4M1-M?B-3Q, dated 17&5&14?B circulated b" 12FP vide 1o&SE9%%(SL0!G)7(-)54, dated 11&?&14?B)

Receipt of C s' A: r"s from Forei2n "i2nit ries. %nstances have come to notice of the Federal 0overnment that Cash ! ards offered b" the visitin* forei*n di*nitaries to various officers and staff them& 3he Prime #inister of Pakistan is not in favour of acceptance of such a ards b" officers& %t is re:uested to inform all officers from the forei*n di*nitaries and refuse the same to them politel"&
(!uthorit"$ SL0!G letter 1o&SES&%%%(SL0!G)6-11M55, dated 5&-&55)

ere readil" accepted b"

orkin* under "our control not to accept Cash ! ards

P rticip tion of Government Serv nts in Associ tionsCOr2 niN tions* promotin2 Provinci #ism* P roc'i #ism etc. 3he 2est Pakistan 0overnment Servants(Conduct) 9ules, 14BB, hich are applicable to the civil servants of the 0overnment of 12FP, rule -B L -4 thereof forbid Provincial civil servants to indul*e in activities of fosterin* provincialism, parochialism etc& 3herefore, in order to prevent such elements in Provincial Services, from takin* part in such activities, it is re:uested that the provision of rule -B L -4 of the Conduct 9ules mentioned above ma" please be brou*ht to the notice of the all civil servants and emplo"ees of the 0overnment controlled Er*ani>ations, under "our control, to refrain from takin* part in such activities and also severe their connection them liable to severe disciplinar" action&
(!uthorit"$-Circular letter 1o&SE9%%(SL0!G)1/-1M5?, dated -7&11&1454)

ith !ssociations of the kind; failure to do so

ill make

Dec# r tion of Propert9 (n"er Government Serv nts =Con"(ct> R(#es*+,8-. 3he undersi*ned is directed to sa" that 0overnment servants are re:uired to furnish

details of their assets and liabilities, hether in their o n names or in the names of their ives, children and other dependents, on the prescribed proforma, in terms of 9ule 1-(-) of
156

0overnment Servants (Conduct) 9ules,14B. in accordance circulated

ith procedure alread"

from time to time b" the 'stablishment Givision, reproduced belo /0 i) the declarations of assets of the officers of 0rade-15 and above belon*in* to !ll Pakistan +nified 0rades i&e (G#0, Police 0roup, 3!0, Sectt$ 0roup) includin* G#0, should be submitted in duplicate to the Secretaries of the #inistries M Givisions etc& under hom the" are for the time bein* emplo"ed& ii) 3he #inistriesMGivisions concerned should retain a cop" of the declaration of the officers mentioned in (i) above and furnish the ori*inal ones to the 'stt$ Givision for retention& iii) 3hese instructions also appl" to 0overnment emplo"ees under the Federal 0overnment on deputation to Provincial 0overnments& Such deputationists shall submit declarations to the SL0!G of the concerned Province, ho ill retain a cop" and pass on the ori*inal one to the 'stablishment Givision in case of an officer belon*in* to !P+0MG#0 and in other cases to the Secretar" to the #inistr"MGivision hich is administrativel" concerned ith the *roupMservice of the officer fillin* the declaration& iv) 3he declaration of the officers belon*in* to servicesM*roups other than the servicesM*roups controlled b" the 'stablishment Givision should be furnished to the 8eads of Gepartments here the officers are orkin*, ho ould maintain a cop" of declaration in each case and pass on the ori*inal one to the #inistr"MGivision administrativel" concerned ith the serviceM*roup to hich the officer belon*s& v) 3he declaration in the prescribed proforma should also be obtained b" the #inistr"MGivision concerned from those 0overnment servants ho are on deputation to the statutor" and autonomous bodies, CG!, 2!PG! etc& controlled b" the #inistriesMGivisions&

vi) 3he declarations shall be submitted in double sealed covers& En each cover full particulars of the officer makin* the declarations must be clearl" indicated at the left hand top, such as name of the officer, desi*nation, *roupMservice to hich he belon*s, declaration for the "ear endin* etc& vii) 3he declaration of assets are re:uired to be submitted to the respective authorities b" 6/th September ever" "ear accordin* to fiscal "ear endin* 6/th Fune and not calendar "ear endin* 61st Gecember& viii) Geclaration of assets from all 0overnment servants in *rades 1-1B should be obtained b" #inistriesMGivisions concerned and should be kept in the custod" of #inistriesMGivisionsMdepartments concerned& i() Geclarations should be opened onl" under the authorit" of Secretaries of the #inistriesMGivisions in respect of 0rades upto 1B and in respect of 15 and above, these should be opened under the authorit" of Secretar", 'stablishment Givision& 3he Chairman, CK9 is, ho ever, authorised to open the declaration of assets of Custom Efficers and scrutini>e them as directed b" the President vide directive 1o&.6/ of 14?/&
15.

-& %t has been observed that declarations of officers of 0rade 15 and above belon*in* to servicesM*roups other than the *roups controlled b" the 'stablishment Givision are also bein* sent for maintenance in the 'stablishment Givision& Since this practice is a*ainst the instructions issued from time to time, all #inistriesMGivisions are re:uired to strictl" follo the said procedure&
(!uthorit"$ 'stt& Givision letter 1o&-M1M?1M-G&!, dated -4&11&?1 endorsed vide 12FP 0ovt& letter 1o&SE9%%(SL0!G)7--M54, dated -1&1-&14?1)

E1tr neo(s inf#(ence )9 Government Serv nts in respect of service m tters. %t has been observed that 0overnment servants, at times, attempt to brin* e(traneous influence in respect of service matters, such as postin* transfer, deputation etc& 3hese acts are not onl" in breach of 0overnment Servants (Conduct) 9ules, 14B. as amended but also

constitute #isconduct in terms of 9ule -(.) of the 0overnment Servants ('fficienc" and Giscipline) 9ules,1456, reproduced belo /0 )=#isconduct= means conduct prejudicial to *ood order or service discipline or contrar" to 0overnment Servant (Conduct) 9ules, 14B. or unbecomin* of an officer and *entleman and includes an" act on the part of a 0overnment servant to brin* or attempt to brin* political or other outside influence directl" or indirectl" to bear on the 0overnment or an" 0overnment officer in respect of an" matter relatin* to the appointment, promotion, transfer, punishment, retirement or other conditions of service of a 0overnment Servant)& -& 3he Civil Servants are, therefore, advised in their o n interest to scrupulousl" observe the provisions contained in the 0overnment Servants Conduct and Giscipline 9ules& %n future if an" Civil servant attempts to brin* e(traneous influence in respect of his postin*, transfer, deputation etc&, a note to this effect ill be placed in his C9 dossier, unless of course, proposals on these matters are made b" the #inistriesMGivisionsMGepartments themselves formall" to the 'stablishment Givision& 6& 3hese instructions ma" please be brou*ht to the notice of all civil servants orkin* in various #inistriesMGivisionsMGepartments etc&
(!uthorit"$ 'stablishment Givision G&E letters 1o&7M.M?--G&%, dated -?&.&14?- circulated b" 12FP vide Circular letter 1o&SE9%%(SL0!G)7M-M54, dated B&7&14?-)

E1tr neo(s inf#(ence )9 Government Serv nts in respect of service m tters. Certain 0overnment servants continue to brin* e(traneous influences in respect of their service matters such as appointment, postin*, transfer, promotion, deputation, retirement, punishment or other conditions of service& !s alread" e(plained, such practice is a*ainst the spirit of *ood order of or service discipline and provision of 9ule -4 of the 2est Pakistan 0overnment Servants(Conduct) 9ules,14BB and rule -(e) of 12FP Civil Servants

('fficienc" and Giscipline) 9ules,1456&

157

-& %t is directed to reiterate the instructions alread" issued and re:uest "ou to kindl" ensure that all concerned strictl" abide b" the relevant provisions failin* departmental proceedin*s ma" be initiated a*ainst defaultin* civil servants&
(!uthorit"$ Circular letter 1o&SE9%%(SL0!G)7(-)54, dated 7&11&14?7)

hich

Iss( nce of St tementsCLetters to t'e Press )9 Government Serv nts. +nder the provision of 2est Pakistan 0overnment Servants (Conduct) 9ules, 14BB , no 0overnment Servant shall, e(cept other authorit" empo ered b" it in this behalf, participate in a 9adio broadcast, contribute an" article or rite an" letter, either anon"mousl" or in his name or in the name of another person, to an" ne spaper or periodical, to publish an" document, to deliver an" public utterance or radio broadcast, or to make an" statement of fact or opinion, capable of embarrassin* the Federal or an" Provincial 0overnment& 3he above instructions ma" be brou*ht to the notice of all concerned under "our !dministrative control for compliance&
(!uthorit"$ Circular letter 1o&SE9%%(SL0!G)7(-)54, dated 1.&1-&14?6)

ith the previous sanction of 0overnment or an"

hich is

Iss( nce of St tementsCLetters to t'e Press )9 Government Serv nts. %t has come to notice that certain 0overnment servants continue to contribute to ne spaper columns occasionall" or on a re*ular basis, in their o n names or under pseudon"mous& -& !s alread" e(plained, such public criticism of 0overnment policies is inadmissible under the 2est Pakistan 0overnment Servants (Conduct) 9ules, 14BB& 6& 3he President has been pleased to direct that all persons in the Service of the 0overnment or of an Er*ani>ation financed from the public e(che:uer be made to observe hich tend to be critical of the 0overnment and its policies

the relevant provisions on the subject in the 2est Pakistan 0overnment Servants (Conduct) 9ules, 14BB& .& % am accordin*l" directed to reiterate the instructions alread" issued and re:uest "ou to kindl" ensure that all concerned abide b" the relevant provision i&e rule -1 of the 2est Pakistan 0overnment Servants (Conduct) 9ules,14BB&
(!uthorit"$ Circular letter 1o&SE9%%(SL0!G)7(-)54, dated 1.&4&14?7)

Un (t'orise" intervie:s )9 Government Serv nts to Loc # or Forei2n Ne:s Me"i . %t has come to the notice of the President that certain officers *ave intervie s to a 3eam of forei*n 1e s Er*ani>ation durin* the course of hich the" made certain observations that created an adverse effect and did not correctl" portra" the 0overnment=s
15B

position in the matter& 3he President has taken a serious vie of this incident particularl" hen the officers concerned had neither been formall" permitted to *ive the intervie nor dul" briefed before-hand& -& %t ma" be pointed out that under the rules, no 0overnment servant is to *rant intervie s to local or forei*n media unless specificall" permitted to do so& !ccordin* to 9ule-1? of the 2est Pakistan 0overnment Servants (Conduct) 9ules, 14BB, no 0overnment servant shall, e(cept in accordance ith an" special or *eneral orders of 0overnment, communicate directl" or indirectl" an" official information or the contents of an" official document to a 0overnment servant not authorised to receive it or to a non-official person or to the press& Similarl", 9ule--- of the rules ibid la"s do n that no 0overnment servant shall, in an" document published, or in an" public utterance, or radio broadcast delivered b" him or 3elevision pro*ramme or in an" manner make an" statement of fact or opinion hich is capable of embarrassin* the Federal or an" Provincial 0overnment; provided that technical

staff of all cate*ories ma" publish research papers or technical subjects if such papers do not e(press vie s on political issues or on 0overnment polic" and do not include an" information of a classified nature& 6& 3he above rules and instructions ma" kindl" be brou*ht to the notice of all 0overnment servants intervie to local or forei*n media unless specificall" permitted to do so& !nd permission is *ranted, the 0overnment servant concerned should be thorou*hl" briefed and parameters of intervie above instructions is liable to attract disciplinar" action a*ainst the 0overnment servant concerned&
(!uthorit"$ 12FP 0ovt& Circular letter 1o& SE9%%(SL0!G)7(-)54, dated 11&?&?B&)

ith a vie

to ensure that no 0overnment servant *rants an hen such a

should be clearl" laid do n b" the competent authorit"& <iolation of the

Accept nce of Forei2n A: r"s )9 Government Serv nts. !rticle -74(1) of the Constitution of the %slamic 9epublic of Pakistan provides that no citi>ens shall accept an" title, honour or decoration from an" forei*n State e(cept the approval of the Federal 0overnment& Similarl", in terms of 9ule-B of the 12FP 0overnment Servants (Conduct) 9ules,14?5 contain similar provisions to the effect that no 0overnment servant shall e(cept ith the approval of the 0overnor of 12FP accept a forei*n honour, title or decoration& %t has, ho ever been noticed b" the Federal 0overnment ith *reat concern that contrar" to the laid do n rules, there have been several instances here 0overnment servants have accepted title, honour or decoration from forei*n states& %nvariabl" ith

the e(cuse for havin* accepted a ards b" 0overnment servants is i*norance of the rules& 3he competent authorit" has accordin*l" taken a serious notice of this tendenc" and has been pleased to direct that the rule position ma" be disseminated to all the 0overnment Servants for strict compliance& -& % am accordin*l" directed to re:uest that the relevant provision of rules ibid ma" please be brou*ht to the notice of all 0overnment Servants for strict compliance failin* hich the" shall render themselves liable to strict disciplinar" action under the 12FP 0overnment Servants('fficienc" and Giscipline) 9ules,1456&
(!uthorit"$ Circular letter 1o&SE9%%(SL0!G) 7(-)54, dated 61&1/&14??) and ?&11&14??)&
155

Accept nce of Gifts. %n terms of 9ule-7(.) of the 12FP 0overnment Servants (Conduct) 9ules,14?5, )0overnment Servants are prohibited from receivin* *ift of an" kind for their persons or for members of their families from diplomats, consulars and other forei*n 0overnment representatives or their emplo"ees ho are stationed in Pakistan %f, ho ever, due to ver" e(ceptional reasons, a *ift cannot be refused, it should invariabl" be deposited in the SL0!G)& -& % am therefore, to re:uest that strict compliance of the above provision of the rules ma" please be ensured&
(!uthorit"$Circular letter 1o&SE9%%(SL0!G)7(6)54(QC), dated 1?&.&14?4)

Accept nce of GiftsCC s' A: r"sCTic!ets for Air Tr ve# )ro ". %n terms of 9ule 7(.) of the 12FP 0overnment Servants(Conduct) 9ules,14?5, read ith this Gepartment Circular letter of even number dated 1?th !pril,14?4, 0overnment servants are prohibited from receivin* *ifts of an" kind for their persons or for members of their families from diplomats, consulars and other forei*n 0overnment representatives or their emplo"ees ho are stationed in Pakistan& Similarl", sub-rule (7) of the rule ibid,

prohibits 0overnment servants (e(cept those dra in* pa" in KPS 1 to .) from acceptin* cash a ards offered b" the visitin* forei*n di*nitaries& -& %nstances have come to the notice of the Provincial 0overnment that a ards in the shape of tickets for !ir 3ravel abroad for 8ajj and +mra or an" other private visits abroad offered b" the representatives of forei*n 0overnments to various officers and staff ere readil" accepted and utili>ed b" them ithout reportin* the same to the 0overnment& 6& % am directed to re:uest "ou to please inform all 0overnment servants orkin* under "our control not to accept 0ifts, Cash ! ards(e(cept in accordance ith the prescribed procedure)or tickets etc& for air travel abroad from diplomats, consulars, other forei*n 0overnment representatives or their emplo"ees or other %nternational !*encies, the previous sanction of the 0overnment and refuse the same to them politel"& !n" contravention of the rules and instructions on the subject ma" lead to severe disciplinar" action a*ainst the defaulter&
(!uthorit"$Circdular letter 1o&SE9%%(SL0!G)7(6)54, dated 1-&B&1441)

ithout

Accept nce of Gifts. 9ule 7 of 12FP Civil Servants (Conduct) 9ules,14?5 read ith this Gepartment Circular letters of even number, dated 1?&.&14?4 and 1-&B&1441 on the subject noted above, here under Civil Servants are prohibited from receivin* *ifts of an" kind for their person or for members of their families from diplomats, consulars and other Forei*n 0overnment 9epresentatives or their emplo"ees stationed in Pakistan & %t to ver" e(ceptional reasons, a *ift can not be refused, it should invariabl" be deposited in the as also clarified that if due

Services and 0eneral !dministration Gepartment& 8o ever, the Cabinet Givision has advised that the *ifts or !ll
15?

hich are not allo ed to be retained b" Civil Servants(Federal, Provincial

Pakistan), should invariabl" be deposited in the 3oshakhana of the Cabinet Givision as no Provincial 0overnment has set up a 3oshakhana of its o n so far& -& %t is re:uested that the matter of receipt of an" *ift (irrespective of its price) and cash a ard should invariabl" be reported b" the recipient to Services and 0eneral !dministration Gepartment immediatel" so as to approach Cabinet Givision ell in time for necessar" instructions in the matter& 6& %t is further re:uested that these instructions ma" please be brou*ht to the notice of all emplo"ees (includin* those under "our administrative control for their information, *uidance and strict compliance&
(!uthorit"$Circular letter 1o&SE9%%(SL0!G)7(6)54(QC), dated -/&.&144-)&

orkin* in the !utonomousMSemi-!utonomous Kodies)

ProMection of Government ctivities t'ro(2' R "io Pro2r mme. 9adio Pakistan has embarked upon a ne pattern of broadcastin* from 1st Fanuar",14?5& 3he major objectives of the ne concept is to make broadcastin* people oriented and life-related& %n this a", not onl" are aspirations of the listeners met but the pro*rams also provide an opportunit" to project development activities of the 0overnment, particularl" the measures taken b" the present democratic 0overnment in different sectors and steps taken for the implementation of the Prime #inister=s Five Points Pro*ramme& -& 3he pro*rammes over a period of nearl" t o months have come in for favourable comments for airin* public vie s on various civic issues& Full opportunit" is provided to official !*encies also to put forth their points of vie on difficulties bein* faced b" them& %n this manner, the Pro*rammes are intended to serve the public and could act as a catal"st of

public opinion and official response for the *eneral benefit of all concerned& 3his help closin* the *ap bet een official vie -points and of *eneral public&
(!uthorit"$Circular letter 1o&SE9%%(SL0!G)7(-)54, dated -.&6&14?5)

ill

Direct correspon"ence :it' Forei2n Missions n" Ai" 2ivin2 A2encies. Sub-rule(1) of rule 67 of the 12FP 0overnment Servants (Conduct) 9ules, 14?5, provides that no 0overnment servant shall approach directl" or indirectl" a forei*n #ission in Pakistan or an" forei*n aid-*ivin* a*enc" in Pakistan or abroad to secure for himself invitations to visit a forei*n countr" or to elicit offers of trainin* facilities abroad& Subrule(-) of rule 64 of the 12FP 9ules of Kusiness,14?7 and %nstruction 1o&166 of the #anual of Secretariat %nstructions allo onl" the !dministrative Gepartments of the Provincial 0overnment to conduct normal correspondence countr" or a Pakistan Giplomatic #ission abroad or a Forei*n #ission in Pakistan or %nternational Er*ani>ation throu*h the #inistr" of Forei*n !ffairs of the Federal 0overnment provided that b" means of *eneral or special orders, direct correspondence ma" be allo ed under such conditions and circumstances as ma" be specified b" the aforesaid #inistr"& -& !n instance has been brou*ht b" the 'conomic !ffairs Givision to the notice of the Provincial 0overnment herein an officer instead of routin* his re:uest to that Givision
154

ith the 0overnment of a Forei*n

throu*h his parent Gepartment, directl" approached the Chief of a Forei*n !id 0ivin* !*enc" re:uestin* him for his nomination on a course in a specific field& 3his conduct on the part of an officer is prejudicial to *ood order and service discipline and is contrar" to the provision of 0overnment of 12FP 0overnment Servants (Conduct) 9ules, 14?5& 6& % am accordin*l" directed to re:uest that the relevant provision of la ma" please be brou*ht to the notice of all 0overnment servants for strict compliance failin* hich a

defaulter shall render himself liable to strict disciplinar" action under the 12FP 0overnment Servants('fficienc" and Giscipline) 9ules,1456&
(!uthorit"$Circular letter 1o&SE9%%(SL0!G) 7(-)54, dated 1/&?&14?5)

Gr nt of Intervie:s to offici #s )9 C'ief Minister n" Ministers in N4FP. +nder the e(istin* instructions, 0overnment servants are e(pressl" forbidden to ait upon the Chief #inister and other #inisters ithout prior permission of the competent authorit" in connection ith their personalMofficial problems or to e(ert pressure throu*h #embers of the Provincial or 1ational !ssemblies in violation of 9ules -- and 6. of the 12FP 0overnment Servants (Conduct) 9ules,14?5& -& 2hile the Chief #inister or the #inisters are on tour, the" can send for an" officer throu*h proper channel vi>& the local 8ead of the Gepartment or the hi*her senior officer present in the station& 3he Gistrict level officers or the senior most officers at the spot could seek an intervie Gepartment at Pesha ar if the permission for intervie could not be obtained previousl" due to shorta*e of time& Kut in case a 0overnment servant ishes to see the Chief #inister or a #inister for la"in* an" personal matter before him either at the Provincial head:uarters or other ise, prior sanction of the 8ead of the Gepartment must be obtained& % am to clarif" that submission of representations, appeals or complaints directl" to the Chief #inister and other #inisters, ithout observance of the prescribed channels, is also a serious act of =misconduct=& 6& % am directed to re:uest "ou to please inform all concerned that the Chief #inister and other #inisters are accessible to ever" one and are an(ious to remove all le*itimate *rievances but here a 0overnment servant has to ait upon them for an" personal problems, he must obtain prior ritten permission of the competent authorit"&
(!uthorit"$ Circular letter 1o&SE9%%(SL0!G) 7(-5)54, dated 5&6&14??)

ith the #inisters

ithout the permission of the 8ead of the

Fr terniN tion )et:een Government Serv nts n" t'e Forei2n Missions in P !ist n. %nstructions have been issued from time to time, e(plainin* the parameters ithin hich a 0overnment servant could cultivate contacts ith the personnel of the forei*n missions in the countr"& %n this connection, attention is invited to this Gepartment Circular letter of even number dated 1/th !u*ust,14?5& %t has, ho ever, come to the notice of the 0overnment that despite clear orders, there e(ists a tendenc" amon*st 0overnment officials to approach the forei*n missions, directl" or indirectl", for personal favours as ell as consular facilities& Such acts, obviousl", are clear violation of 9ule-67 of the 12FP 0overnment Servants (Conduct) 9ules, 14?5 and the aforesaid instructions issued thereunder&
1?/

-& 3he 0overnment has taken a serious vie of the above tendenc" amon*st 0overnment Servant and it has, therefore, become imperative to circulate the follo in* 0overnment instructions on the subject once a*ain for strict compliance b" the 0overnment servants/0 1) 0overnment servants should e(ercise *reat caution and restraint in the matter of social contacts ith the members of forei*n missions in Pakistan and interalia abstain from e(tendin* invitations to them for private lunchesMdinners at their residences etc& -) Efficial of the level of Geput" Secretar" and belo should not receive the officials of the Forei*n missions, e(cept ith the e(press permission of the Secretar"& 6) 0overnment Servants are also prohibited from contactin* or makin* direct approaches, to the forei*n missions in Pakistan, in connection ith their private business& !ll such approaches should be made throu*h proper channel i&e the Chief of Protocol of the #inistr" of Forei*n !ffairs& .) %nvitations e(tended b" the forei*n missions on the occasions of their 1ational

Ga"s, to the officers belo the status of Secretaries, ma" be accepted onl" after obtainin* permission from the Secretar"& 7) 3he participation of officers, belo the status of Secretar", in private functions, arran*ed b" the forei*n diplomats, should *enerall" be discoura*ed& Secretaries and officers of e:uivalent status ill, ho ever, do so ith the prior approval of the Chief Secretar"& B) 9epeated and fre:uent attendance b" the officers, at private functions held b" the same forei*n diplomats must be avoided& 5) !s a *eneral rule, onl" those officers ho come into official contact ith the forei*n diplomat concerned, should accept this invitation& 6& Nou are re:uested to kindl" ensure compliance of the above instructions, at all levels, and that no one approaches, directl" or indirectl", an" forei*n missions in Pakistan or an" forei*n aid-*ivin* a*enc", for favours& %t ma" also be brou*ht to the notice of all concerned that an" violation of the rules as to time, ill be dealt ith severel" under the 12FP 0overnment Servants(Conduct) 9ules,14?5 and the 12FP 0overnment Servants ('fficienc" and Giscipline) 9ules, 1456&
(!uthorit"$ Circular letter 1o&SE9%%(SL0!G)7(-)54, dated -6&7&144/&)

ell as the instructions issued on the subject from time

Gr nt of Intervie:s to offici #s )9 C'ief Minister n" Ministers in N4FP. 3his Gepartment circular letter of even number, dated 5th #arch, 14??, on the subject noted above in hich it as re:uested to inform all concerned that 0overnment Servants, ishin* to ait upon the Chief #inister and other #inisters in connection ith their *rievances, must obtain prior ritten permission of the competent authorit"&
1?1

-& %t has come to notice that the 0overnment Servants continue to ait upon the Chief #inister and other #inisters ithout prior permission of the competent authorit" in connection of the ith their personalMofficial problems or e(ert pressure throu*h the #embers

Provincial or 1ational !ssemblies in violation of 9ules -. and 6. of the 12FP 0overnment Servants (Conduct) 9ules, 14?5, as ell as the aforesaid instructions& 6& % am directed to re:uest "ou once a*ain to arn all concerned that in future strict disciplinar" action ould be taken a*ainst the defaulters under the 12FP 0overnment Servants ('fficienc" and Giscipline) 9ules, 1456&
(!uthorit"$ circular letter 1o&SE9%%(SL0!G)7(-5)54, dated 11&1&14?4)

S()mission of Appe #sCPetitionsC Represent tions etc. )9 Civi# Serv nts. %t has been pointed out b" the Prime #inister=s Secretariat(Public) that certain 0overnment Servants (Federal as to the Prime #inister in respect of various subjects, includin* their service matters& %nstances have also been noticed here relatives of 0overnment Servants or their friends have approached the Chief '(ecutive on behalf of 0overnment Servants about their service matters& 3his is a*ainst the spirit of the instructions issued b" the Federal 0overnment as ell as the 0overnment of 12FP from time to time& %n this connection attention is also invited to the SL0!G=s recent Circular letters 1o&SE9&%%(SL0!G)7(-5)M54, dated 5&6&14?? and 11&1&14?4 herein inter alia it as clarified that submission of representations, appeals or complaints directl" to the Chief #inister and other #inisters ithout observance of prescribed channel is a serious act of misconduct& 8o ever, it appears that the above instructions have either been lost si*ht of or the Gepartments have taken a lenient vie thereof& -& % am accordin*l" directed to re:uest that the relevant instructions on the subject ma" please once a*ain be brou*ht to the notice of 0overnment Servants for strict compliance& %t ma" please be ensured that in future all appealsMpetitionsMrepresentations b" the 0overnment ell as Provincial) submit applicationsM petitions direct

Servants are addressed to the prescribed authorit" onl" and throu*h proper channel failin* hich strict disciplinar" action ould be taken a*ainst the defaulters under the 12FP 0overnment Servants('fficienc" and Giscipline) 9ules,1456&
(!uthorit"$Circular letter 1o&SE9%%(SL0!G)7(-5)54, dated 15,&7&14?4)

Use of inf#(ence )9 Government Serv nts in service m tters. 3he 'stablishment Secretar", 0overnment of Pakistan vide his G&E letter 1o&7M.M?-G&%, dated -5&7&144/ on the above subject has observed that despite clear instructions, 0overnment servants have developed a tendenc" to brin* e(traneous influence for redressal of *rievances to bear upon the 0overnment hile such action not onl" violates 9ule -- of 12FP Civil Servants(Conduct) 9ules,14?5, but also constitutes =#isconduct= in terms of 12FP Civil Servants('fficienc" and Giscipline) 9ules,1456& %n this connection, attention is also invited to the SL0!G circular letters 1o&SE9%%(SL0!G)7(-5)M54, dated 5&6&14??, 11&1&14?4 and 15&7&14?4, herein inter alia it as clarified that submission of representations, appeals or complaints throu*h #1!s, #P!s and #inisters ithout observance of the prescribed channels is also a serious act of =#isconduct= & 1evertheless, it
1?-

appears that these instructions have either been lost si*ht of or the departments have taken a lenient vie thereof& -& %t is re:uested that the instructions contained in the 'stablishment Secretar"=s G&E letter and the SL0!G letters :uoted above, ma" be brou*ht to the notice of all 0overnment servants servin* under "our control that in future, an" attempt to brin* to bear political influence in service matters ill be construed as =#isconduct= and ill be dealt ith in accordance and ith 12FP 0overnment Servants ('fficienc" and Giscipline) 9ules,1456,

other instructions issued thereunder& Kesides a note to this effect ma" also be placed in the Character 9oll dossiers of the defaulters&
(!uthorit"$ 12FP 0ovt& vide circular letter 1o&SE9&%%(SL0!G)7(-5)M54, dated 4th Ful" 144/&)

Use of e1tr neo(s C Po#itic # inf#(ence )9 Government Serv nts in respect of service m tters. 3his Gepartment letters of even number dated 5&6&14??, 11&1&14?4, 15&7&14?4 and 4&5&144/ re*ardin* above noted subject of political influence in service matters or submission of representations, appeals or complaints throu*h public representatives and #inisters ithout observin* prescribed channel constitutes a serious act of =#isconduct=& !ccordin*l", it as re:uested to advise all concerned to refrain from usin* political pressure in their service matters& %t reiterated that meetin* ith Chief #inister and #inisters in connection ith personal M official problems ithout prior permission of the Competent !uthorit" or e(ertin* of pressure throu*h #embers of Provincial or 1ational !ssembl" is violation of 9ules -- and 6. of the 12FP 0overnment Servants (Conduct) 9ules,14?5& -& %t has ho ever come to notice that 0overnment Servants continue to e(ert political pressure in service matters and un-authorisedl" ait upon the Chief #inister L #inisters in violation of 9ules -- and 6. of the 12FP 0overnment Servants(Conduct) 9ules,14?5 as ell as the aforesaid repeated instructions& 6& 3he Chief #inister 12FP has taken a serious notice of this state of affairs and has been pleased to direct that in future strict disciplinar" action should be taken a*ainst the defaulters under the 12FP 0overnment Servants('fficienc" L Giscipline) 9ules, 1456 and a note to this effect be also placed in the Character 9oll dossier of the defaulters&
(!uthorit"$Circular letter 1o&SE9%%(SL0!G)7(-5)54, dated -.&11&144/)

herein inter-alia , it

as clarified that e(ercise

as

Use of inf#(ence )9 Government Serv nts in service m tters. %t has been observed that despite clear instructions, 0overnment servants have developed a tendenc" to brin* e(traneous influence in service matters such as Postin*, 3ransfer and Promotion etc& % am to clarif" that such an action not onl" violates 9ule -of 12FP Civil Servants (Conduct) 9ules,14?5 but also constitutes =#isconduct= in terms of 12FP Civil Servants ('fficienc" and Giscipline) 9ules,1456& %n this connection attention is also invited to the SL0!G Circular letters 1o&SE9%%(SL0!G)7(-5)M54, dated 5&6&14??, 11&1&14?4, 15&7&14?4, 4&5&144/ and -.&11&144/ herein inter-alia it as clarified that submission of representations, appeals or complaints throu*h #1!s, #P!s and #inisters
1?6

ithout observance of the prescribed channels is also a serious act of =#isconduct=& 1evertheless, it appears that these instructions have either been lost si*ht of or the departments have taken a lenient vie thereof& %t is re:uested that the instructions contained in the 'stablishment Secretar"=s G&E letter and the SL0!G letters :uoted above ma" be brou*ht to the notice of all 0overnment Servants servin* under "our control that in future, an" attempt to brin* to bear political influence in service matters ill be construed as =#isconduct= and ill be dealt ith in accordance and other instructions issued there under& Kesides a note to this effect ma" also be placed in the Character 9oll dossiers of the defaulters&
(!uthorit"$Circular letter 1o&SE9%%(SL0!G)7(-5)54,dated 7&4&1447)

ith 12FP 0overnment Servants('fficienc" and Giscipline) 9ules, 1456,

E1tr neo(s inf#(ence )9 Government Serv nts in respect of service m tters. 'stablishment Secretar"=s G&E letters of even number, dated 7th Ful",1447, and 1?th !pril,144B on the subject noted above&

-& %n order to curb the *eneral tendenc" amon* the CivilM0overnment servants to the e(traneous influence in contravention of 9ules -- and 6. of the 12FP 0overnment Servants (Conduct) 9ules, 14?5, the present 0overnment has decided to take effective steps on the subject& 3his includes suspension of an" civilM0overnment servant accused of the said contravention follo ed b" e(peditious 'LG proceedin*s& 6& %t is accordin*l" re:uested that, henceforth, all cases of contravention of the said rules must be dealt the approval of the concerned competent authorit"& %t ma" be ensured that this action is taken ithout loss of time& .& %t is further re:uested that copies of suspension orders and in due course, the final orders in such 'LG proceedin*s, ma" also be for arded to this Givision& 7& 3his G&E& letter ma" please be brou*ht to the notice of all Federal civilM0overnment servants orkin* in various #inistriesMGivisionsM GepartmentsM Provincial 0overnments&
(!uthorit"$'stablishment Givision G&E letter 1o&7M.M?--G&%, dated 5&11&144B, circulated vide 12FP 0overnment 1o&SE9%%(SL0!G)7(-5)M54(C), dated 1B&1-&144B)

ith b" placin* the defaulter under suspension, in the first instance,

ith

Direct correspon"ence )9 t'e Civi# Serv ntsCGr nt of Intervie:s to offici #s )9 t'e C'ief Minister n" Ministers etc.C E1tr neo(s Po#itic # n" non Po#itic # inf#(ence in service m tters. %t as repeatedl" directed to ensure that all civil servants should refrain from use of e(traneousMpolitical influence, submission of appealsMPetitionsM 9epresentations etc& ithout proper channel, ait upon the Chief #inister and other #inisters etc& ithout prior permission of the competent authorit" in connection ith their personal M official
1?.

problem(s)and to e(ert pressure throu*h the #embers of the 1ational and Provincial !ssemblies& -& %nstances, have, ho ever, come to notice that despite the aforesaid instructions, Civil Servants still on their o n or throu*h their relativesMfriends or political personalities continue

to submit representationsMappeals re*ardin* their service matters individuall" or jointl" hich is obviousl" a*ainst the rule of la and fair discipline& -& % am accordin*l" directed to re:uest that all civil Servants servin* under "our control ma" be directed once a*ain to strictl" observe provisions contained in the 0overnment Servants Conduct 9ules and ('fficienc" and Giscipline) 9ules as ell as the instructions& %n future if civil servant(s) isMare found deviatin* from the provisions of the rules and laid do n procedure and the aforesaid instructions, severe disciplinar" action shall be initiated a*ainst them and a note to this effect shall also be placed in their !C9 Gossiers& !uthorities i*norin* such in-discipline and not initiatin* disciplinar" action a*ainst the defaulters shall also render themselves liable to disciplinar" action under the 'fficienc" L Giscipline 9ules& 6& 3he aforesaid instructions ma" be brou*ht to the notice of all concerned and ensure strict compliance&
(!uthorit"$ Circular letter 1o&SE9%%(SL0!G)7(-5)54, dated --&1-&1441&)

See!in2 prior permission )9 Provinci # Government offici #s for tten"in2 meetin2s :it' C' irm n Sen teCSpe !er N tion # Assem)#9. %t has been observed that the Provincial 0overnment Efficers ho attend the meetin*s ith the Chairman Senate and Speaker, 1ational !ssembl" do not obtain prior permission of the Competent !uthorit" for firmin* up the vie s of Provincial 0overnment in connection ith the matters deliberated upon in such meetin*s& %t has therefore been decided that no officer of the Provincial 0overnment or the !utonomousMSemi-!utonomous Kod" of the Province shall attend a meetin* ith the Chairman Senate or Speaker 1ational !ssembl" ithout obtainin* prior permission of the Provincial 0overnment and *ettin* his brief cleared from the Chief Secretar"MChief #inister& -& 3he aforesaid instructions ma" please be brou*ht to the notice of all concerned for strict compliance in future&
(!uthorit"$ Circular letter 1o&S (EL#-%)SL0!G)M1/-7M41, dated -5th Februar",144-)

Government Emp#o9ees n" t'eir i##e2 # invo#vement in R "io0;ro "c st n" comm(nic tions to t'e Press. +nder 9ules -1, -. and -7 of the 12FP 0overnment Servants (Conduct) 9ules,14?5, no 0overnment Servant is to *rant intervie s to local or forei*n media unless specificall" permitted to do so& Kesides, no 0overnment Servant shall, e(cept in accordance ith an" special or *eneral orders of 0overnment, communicate directl" or indirectl" an" official information or the contents of an" official document to a 0overnment servant not authorised to receive it or to a non-official person or to the press&
1?7

-& %t has, ho ever, come to the notice that certain Civil Servants do not abide b" the re:uirements of la taken a serious vie practice should be stopped forth ith& 6& Factual position of rules and polic" instructions referred to above ma" once a*ain be brou*ht to the notice of all 0overnment servants for strict compliance&
(!uthorit"$ Circular letter 1o&SE9%%(SL0!G)7(-)54(K), dated 1/&B&144-)

and the aforesaid instructions& 3he 0overnor, 12FP has, therefore

of this indiscipline and has been pleased to direct that the said ille*al

Con"(ct of Civi# Serv nts0 T !in2 p rt in Po#itics n" E#ections. 9ules -5 of the 12FP 0overnment Servants(Conduct) 9ules,14?5, hich inter-alia provides as under/0 3!Q%10 P!93 %1 PE,%3%CS L ','C3%E1S& 1) 1o 0overnment servant shall take part in, subscribe in aid of, or assist in an" a" an" political movement in Pakistan or relatin* to the affairs of Pakistan& -) 1o 0overnment servant shall permit an" person dependent on him for maintenance or under his care or control to take part in, or in an" a" assist, an" movement directl" or indirectl", to be subversive to 0overnment as b" la established in Pakistan& 6) 1o 0overnment servant shall canvass or other ise interfere or use his influence in connection ith or take part in an" election to a le*islative bod",

hether in Pakistan or else here& Provided that a 0overnment servant ho is :ualified to vote at such election ma" e(ercise his ri*ht to vote; but if he does so, he shall *ive no indication of the manner in hich he proposes to vote or has voted& .) 1o 0overnment servant shall allo an" member of his famil" dependent on him to indul*e in an" political activit", includin* formin* a political association and bein* its member, or to act in a manner in hich he himself is not permitted b" sub-rule (6) to act& 7) ! 0overnment servant ho issues an address to electors or in an" other manner publicl" announces himself or allo s himself to be publicl" announced as a candidate or prospective candidate for election to a le*islative bod" shall be deemed for the purpose of sub-rule(6) to have taken part in an" election to such bod"& -& 3he above mentioned provisions obli*ate that civil servants ould al a"s e(ercise utmost care and caution for the strict observance of the prescribed rules for their behaviour
1?B

and conduct, not onl" necessar" in their o n personal interest but also keepin* in vie the supreme national interests& 6& % am, therefore, directed to re:uest to please brin* the above position to the personal notice of all officersMofficials orkin* under "ou and remind them of their service and constitutional responsibilities&
(!uthorit"$Circular letter 1o&SE9%%(SL0!G)7(-)54(C), dated 11&7&1446)

T !in2 p rt in Po#itics )9 Government Serv nts n" Emp#o9ees of Corpor tions n" ot'er Instit(tions set (p )9 or (n"er t'e M n 2ement or Contro# of Government. 3he 2est Pakistan 0overnment Servants (Conduct) 9ules, 14BB hich are still applicable to the Civil Servants of the 0overnment of 12FP cate*oricall" prohibit the Civil Servants and their dependents to take part in politics or to convass for candidates in elections&

8o ever, such a prohibitor" clause does not appear to have been made in the Service 9e*ulations of !utonomousMSemi !utonomous KodiesMCorporations of the Provincial 0overnment& %t is, therefore, imperative that as in the case of Provincial Civil Servants, a prohibitor" clause is provided for the emplo"ees of !utonomousM Semi !utonomous Kodies and Corporations of the Provincial 0overnment and their dependents in the Service 9e*ulations of the Kod"M Corporation concerned& %t is re:uested that in case no prohibitor" clause to the above mentioned effect alread" e(ists in the charter of !utonomous Kod"M Corporation under "our !dministrative Control, the same should be incorporated in the relevant rules no latest for on ard transmission to the Federal 0overnment&
(!uthorit"$SL0!G letter 1o&SE9&%%(SL0!G)1/-1M5?, dated 1&5&5?)

and compliance reported to the SL0!G b" 61st Ful", 145? at the

Con"(ct of Civi# Serv nts0t !in2 p rt in Po#itics n" E#ections. 3his Gepartment Circular letter 1o&SE9%%(SL0!G)7(-)M54(C), dated 11th #a",1446 herein it as re:uested that the civil servants orkin* under "ou be directed to e(ercise utmost care and caution for strict observance of 9ule--5 of the 12FP 0overnment Servants(Conduct) 9ules,14?5 their famil" members dependin* on them to indul*e in an" political activit" includin* canvassin* or use of influence in connection ith elections to a le*islative bod"& -& 3he 0eneral 'lections of the 1ational and Provincial !ssemblies are *oin* to be held in the month of Ectober this "ear& !ll the 0overnment Servants orkin* in various 0overnment Gepartments should be reminded once a*ain to refrain from takin* part in politics either directl" or indirectl"& 6& %t is, therefore, re:uested that these instructions ma" please be brou*ht to the personal notice of all officersMofficials orkin* under "ou to strictl" observe 9ule -5 of the 0overnment Servants (Conduct) 9ules,14?5& !n" breach of the standin* instructions shall be hich inter-alia prohibits the 0overnment servants and

vie ed seriousl" and action a*ainst the defaultin* 0overnment Servants should be taken under the 0overnment Servants('fficienc" and Giscipline) 9ules,1456, under intimation to this Gepartment&
(!uthorit"$Circular letter 1o,SE9%%(SL0!G)7(-)54(C), dated 1-&?&1446)
1?5

Promotion of simp#e #ivin2 %n pursuance of the 0overnment=s determination to effect reforms in all spheres of national life, the" have amon* others decided to focus public attention on the need for simple livin* and to enforce it here necessar" throu*h 0overnmental action& 3he President has recentl" been pleased to emphasis the necessit" of simple livin* as a pre-re:uisite to our livin* ithin our individual and national resources& Kroadl" speakin*, the reasons for promotin* simple livin* are/0 (a) ,ivin* be"ond our means has serious economic conse:uences for the individual as ell as for the nation& 3he individual is unable on account of over-spendin*, to build for the future hile the nation suffers in a t o-fold a"; firstl", it is not able to accumulate capital for investment and secondl", it loses valuable forei*n e(chan*e hich ould other ise, be spent on buildin* up its industr" or improvin* its a*riculture or in bu"in* other thin*s essential for the health and *eneral ell bein* of the population& (b) 3he cra>e for ostentatious livin* leads to unhealth" competition and a race for makin* mone" b" an" means, fair or foul& 3his can corrupt the public and social life of the countr" and demorali>e public servants& (c) 3he desire to be in line ith the latest fashion leads to imitatin*, in the minutes, details the latest trends in 'urope in the matter of dress, food, drink, etc& 3his involves loss of national individualit" and self respect hich are ver" necessar" pre-re:uisites for evolvin* a distinct national out-look and character pattern& -& %n order that the asteful effects of over-spendin* and artificiall" hi*h standards of livin* are eliminated, a movement has alread" been launched b" the 2omen <oluntar"

0roup to induce ladies to cut do n have

aste in dress, food and entertainment& Some steps

been taken to popularise the movement amon* men, particularl" 0overnment servants& 3he follo in* specific measures should be adopted b" all Pakistani and particularl" b" 0overnment servants/0 (a) Gress(i) For summer Kush-shirt (include an open collar shirt i&e ithout tie) and trousers, and for inter trousers, jacket and necktie or Sher ani and trousers ma" be orn& (ii) For formal and ceremonial occasions the dress as alread" prescribed ma" be orn b" all Pakistanis& (b) Grinks and 'dibles(i) 3he use of alcoholic drinks should be discoura*ed at Public functions and parties& (ii) 3he import of forei*n in*redients for the preparation of edibles should be discoura*ed&
1??

(iii) 0overnment ma" conve" its displeasure to officers ho live be"ond their means& (c) #iscellaneous(i) '(penditure in the 3iffin rooms of Secretariat Effices should be decreased to minimum& (ii) 8ome products must be used and populari>ed& 6& +nderstandin* of real values of life must result in discardin* the ostentatious and superfluous& 3he obli*ation to make full contribution to ards national development can be based onl" on fervent patriotism& 3he 0overnment e(pect all Pakistanis to rise to this test of patriotism and to practice it to the limit that it merits& %n the conte(t of the *reater obli*ation practicin* of austerit" in ever" sphere of life should be a small matter& 0overnment hopes that 0overnment servants ho constitute the lar*est educated *roup in the countr" ill set an e(ample in this respect to their fello citi>ens

and ith sacrifice and determination make Pakistan stron*, prosperous and respectable in the e"es of the orld& %t is re:uested that contents of this letter ma" be brou*ht to the notice of all concerned and particularl" 0overnment servants orkin* under "ou& 3he process in the case of the later should be repeated ever" :uarter of the "ear until the object is achieved&
(!uthorit"$2est Pakistan SL0!G letter 1o&S&<%%%-6-1/-M74, dated 17&5&74 L -4&5&74)

Government Serv nts Q Atten" nce t evenin2 c# sses. %n supersession of previous instructions on the above subject, the 2est Pakistan 0overnment has decided as under/0 (a) 0overnment servants should not under an" circumstances be allo ed to attend an" classes or courses durin* office hours& (b) Eutside office hours, the" ma" attend classesMcourses& 1o formal permission is necessar" in such cases& 3he" ma" onl" inform the 8ead of their Gepartment that the" are attendin* such classesMcourses& %f, ho ever, it is found that b" attendin* such classesMcourses, the ork of the 0overnment servant is sufferin*, the 8ead of the Gepartment ma", b" an order, stop the 0overnment servant from attendin* such classesMcourses& (c) !dministrative SecretariesM8eads of !ttached Gepartments are re:uested to please report after a "ear the number of 0overnment servants under their control ho undertook such studies and ho man" of them left service after completin* the course, and also hether the studies interfered ith their efficienc"& 3he" ma" also su**est hether an" modifications are necessar" in this polic"&
(!uthorit"$2est Pakistan SL0!G letter 1o&S(9)6751M-BM7?MSE;%%,dated -1&B&B/)
1?4

Government Serv nts 0 Atten" nce t Evenin2 C# sses. 9eference correspondence endin* ith this Gepartment circular memorandum 1o&S(9)1171M1--BMSE;%%, dated the -5th !pril, 14B- on the subject noted above& -& Since the public interest is paramount in all cases, the fact that a 0overnment servant is attendin* evenin* classes cannot in itself be a reason for not transferrin* him& %f his transfer can be avoided ithout causin* an" loss to the efficienc" of the Gepartment then such a

0overnment servant ma" be allo ed to continue at the station of his postin* so lon* as his course of stud" re:uires& 6& 3he competent authorities, hile allo in* officials servin* under them to stud" in evenin* classes, should, ho ever, carefull" *o into the :uestion likel" to be transferred from his station& %f so, permission in his case should be refused&
(!uthorit"$2est Pakistan SL0!G letter 1o&S(9)176M1--BM7?,SE;%%%, dated .&-&B6)

hether the official is

Desertion of "(t9 )9 Government serv nts. Cases ma" have come to the notice of the competent authorities, here 0overnment servants have applied for leave but before the leave as sanctioned the" have absented themselves from dut" and left their station ere pa"able b" them on various accounts& %n some cases, 0overnment servants ma" have proceeded on short leave and subse:uentl" applied for e(tension of leave, hich as not *ranted hereupon the" ma" have resi*ned their appointment ithout clearin* the 0overnment dues outstandin* a*ainst them& -& Such behaviour on the part of 0overnment servants is not onl" undesirable, but also contravenes the provisions of the 2est Pakistan 'ssential Services(#aintenance)!ct,14B?, hich make all emplo"ment under 0overnment an essential service& 6& %f an" 0overnment servant, ithout reasonable e(cuse abandons his emplo"ments or absents himself from and fine under section 5 read ith section 7 of the !ct& .& %t is pointed out that a 0overnment servant abandons his emplo"ment if he ceases to serve ithout the previous consent of the competent authorit"& 7& %t is, therefore, re:uested that the attention of all 0overnment servants ma" kindl" be dra n to the provision of the !ct and the" ma" be act renders them liable to prosecution& arned that an" contravention of the ork, he is liable on conviction to be punished ith imprisonment ithout permission, hile 0overnment dues

B& %t is pointed out that under section 5(6) of the !ct, no court shall take co*ni>ance of an offence under the !ct e(cept upon complaint in empo ered b" the 0overnment in this behalf& 3he Provincial 0overnment have alread" issued 1otification 1o&SE;%%-1-B1M75, dated -4th #a", 147? published in the '(traordinar" 0a>ette of 2est Pakistan, dated the 6/th #a",147? accordin* to all the Gistrict of 2est Pakistan (e(cept the Federal Capital and special areas) have been empo ered to lod*e complaints in committed ithin their respective jurisdiction&
(!uthorit"$2est Pakistan SL0!G letter 1o&SEC%%---145MB1, dated -.&1-&B/)
14/

ritin* made b" an officer

hich the Superintendents of Police of

ritin* in respect of the offences under the !ct

Permission to Government serv nts to r ise f(n"s for C(#t(r # n" ot'er non0offici # p(rposes0Criteri to )e fo##o:e". %n continuation of the 'stablishment Givision office #emorandum 1o&.M64MB1-'<%, dated the -Bth Ful", 14B1, on the above subject, the undersi*ned is directed to sa" that the follo in* further criteria have been laid do n b" 0overnment to re*ulate the raisin* of funds b" 0overnment servants/0 (i) 3he )ne(t hi*her authorit") for the purposes of permission should be the ne(t hi*her officer of the 0overnment servant concerned, but here the ne(t hi*her officer is belo the rank of a 8ead of the Gepartment, the permission of the 8ead of the Gepartment concerned should be obtained throu*h the ne(t hi*her officer& (ii) 1o coercion or pressure campai*n should be used in the raisin* of funds& 3he basis of the campai*n should be kept purel" voluntar" and ever" precaution should be taken to keep this entirel" unconnected ith the official matters& (iii) 3he Police and %ncome-3a( authorities should be prohibited from takin* part in an" collection of funds& (iv) Collection of funds should take place outside office hours and it should not

interfere ith or hamper in the performance of the official duties of the 0overnment servants concerned& (v) 3he authorit" permittin* the raisin* of funds, should satisf" itself that these are utili>ed for the purposes for hich these have been collected& (vi) Fund should be collected to the e(tent it is necessar" and care should be taken to see that the public are not unnecessaril" burdened& (vii) Forei*n establishments and firms should not be individuall" approached but if in response to a *eneral appeal for funds, the" voluntaril" contribute, this should be accepted, and (viii) !ll subscription should be dul" receipt of, accounted for and the accounts submitted to the hi*her officer for scrutin"&
(!uthorit"$-2&Pak$SL0!G=s letter 1o&S(9)-176M1--BM7?-SE;%%%,dated .&-&14B6&)

AcE(isition of immov )#e propert9 )9 Government Serv nts ! :uestion has arisen hether 0overnment servants ho have left immovable propert", both residential and a*riculture in %ndia can ac:uire b" allotment or e(chan*e similar propert" in 2est Pakistan 0overnment& Since such ac:uisition are made under a judicial process on the basis of claims, 0overnment have decided that no permission is re:uired in such cases& Such transactions should, ho ever, be reported to 0overnment in the prescribed form from time to time under the normal 0overnment Servants Conduct 9ules&
141

ithout obtainin* the previous sanction of

-& En the :uestion hether the ife and dependents of 0overnment servants are re:uired to obtain the previous sanction of 0overnment for ac:uirin* immovable propert" b" purchase or *ift& % am to sa" that under the e(istin* rules, the ife and dependents of 0overnment servants e(cept those Conduct, ho are *overned b" the Sindh Civil Service,

Giscipline and !ppeal 9ules, are not re:uired to obtain the prior permission of 0overnment before ac:uirin* such propert"& 9ule 17 of the Sindh 9ule speciall" la"s do n that the ife and dependents of an emplo"ee of the former Sindh 0overnment are not re:uired to obtain the previous sanction of 0overnment for ac:uirin* immovable propert" b" purchase or *ift, and the" shall continue to be *overned b" the rule even after inte*ration& 6& %n the case of 0overnment Servants ho are not *overned b" the Sindh Civil Service, Conduct, Giscipline and !ppeal 9ules, it is obli*ator" to declare such ac:uisition of propert"&
(!uthorit"$2est Pakistan SL0!G letter 1o&S(9)BBM1-6M7?(%%%)-SE;%%%, dated -/&6&B6)

Government Serv nts Con"(ct R(#es %t has come to 0overnment=s notice that 0overnment servants make approaches throu*h #inisters, Chief #inisters, #&1&!s and #&P&!s or other means for issue of permit to bu" transportation vehicles or other important material and for purchase and sale of propert"& -& Such acts are not onl" in serious breach of 0overnment Servants Conduct 9ules, but also contrar" to all tenants of propert" and are totall" unbecomin* of 0overnment servants& 0overnment has, therefore, taken serious notice of such acts on the part of 0overnment servants& %n future, if an" such case comes to notice a stern action those involved& %t is, therefore, re:uested to dra the attention of the 0overnment servants, orkin* in "our #inistriesMGivisions and !ttached Subordinate offices and !utonomous %nstitutions to the 0overnment Servants (Conduct) 9ules, 14B., and direct them to refrain from makin* such re:uests in future&
(!uthorit"$'stt$Givision G&E ,etter 1o&1M6?-5.-G-%<, dated ?&7&145., circulated b" 12FP 0ovt& vide Circular letter 1o&SES&%%%(SL0!G)6-47M5/, dated -&5&5.)

ill be taken a*ainst

Reco2nition of t'e ne: Emp#o9ees Associ tion 0

%n supersession of all previous instructions on the subject, the 0overnor of 1orth2est Frontier Province, has been pleased to order that an !ssociation formed b" emplo"ees, ho are civil servants ithin meanin* of the 12FP Civil Servants !ct, 1456, in order to communicate their representations to 0overnment for consideration, ma" be reco*ni>ed b" the concerned appointin* authorit" of the Civil Servants formin* the !ssociation provided the membersMapplicants a*ree to *ive in ritin* to abide b" the follo in* conditions/0 (i) 'ach such !ssociation shall consist of persons in one and the same )functional unit)&(3ill ne )functional unit) are formed in the conte(t of !dministrative 9eforms, an !ssociation ma" be formed b" persons borne on a specific sin*le cadre in or under a Gepartment)&
14-

(ii) Effice-bearers shall be elected from amon*st members of the !ssociation actuall" servin*& Persons ho retire or dismissed or removed from service shall cease to be members& (iii) 3he !ssociation shall neither affiliate nor associate ith an" other bod" or !ssociation& (iv) 3he !ssociation shall confine its representations to matters of *eneral interest and shall not involve itself in individual cases of its members& !lso, the officer-bearers and members of the association shall not participate in the activities of the !ssociation at the cost of their official duties& (v) 3he !ssociation shall not en*a*e in an" activit" or pursue a course of action hich the members are individuall" prohibited to en*a*e in or pursue under an" instructions of the 0overnment, or an" la or rules concernin* conduct of civil servants and service discipline& (vi) 3he !ssociation shall not en*a*e in an" political activit", or contribute to, or seek the support of an" political part"& (vii) 3he !ssociation shall *et its b"e-la s or rules approved from the appointin* authorit" ho ma" at an" time re:uire an" modification thereto or to propose

rules or b"e-la s, in a particular manner& 3he !ssociation shall also submit lists of its members, office bearers and annual statement of accounts to appointin* authorit"& -& 0overnment in the !dministrative Gepartment concerned shall be competent to order ithdra al of the reco*nition if, in its opinion, an !ssociation has violated an" of the conditions of reco*nition stated above& Erders passed b" the 0overnment re*ardin* ithdra al of reco*nition shall be final& 6& %n case of cadre hich consists of hi*her and lo er *rades, the appointin* authorit" for purposes of these instructions shall be the appointin* authorit" of the hi*hest *rade and shall e(ercise po ers under these instructions& .& 'ach !ssociation shall submit its representation to the concerned appointin* authorit" and decisions on such representations shall also be communicated b" the appointin* authorit" hich ma", if it cannot decide the matter itself, obtain orders of the ne(t hi*her authorit" or throu*h it refer the matter to 0overnment for decision& 7 ! civil servant ho deals ith establishment matters pertainin* to the functional unit or cadre in hich he holds a post shall not become office bearer of the !ssociation representin* that functional unit nor shall take part in an" activities of such an !ssociation&& B& 1othin* in these instructions shall be construed to fetter the discretion of the 0overnment or appointin* authorit" to refuse to receive the deputation of an" association&
(!uthorit"$SL0!G letter 1o&SES&%(SL0!G)6-7-M5/, dated 1&11&5B)
146

T3E NORT304EST FRONTIER PROVINCE REMOVAL FROM SERVICE =SPECIAL PO4ERS> ORDINANCE* $&&& AN

ORDINANCE

to provide for dismissal, removal, ompulsory retirement from servi e and redu tion to lower post or pay s ale of ertain persons from Government servi e or orporation servi e. 43EREAS, in vie of prevailin* circumstances, it is e(pedient and necessar" in the public interest, and for furtherance of *ood *overnance, to provide for measures, interalia, relatin* to dismissal, removal, etc&, of certain persons from 0overnment service or corporation service as hereinafter appearin*; AND 43EREAS, it is necessar" to provide for speed" disposal of such cases and for matters connected there ith or ancillar" thereto; AND 43EREAS, under the provisions contained in !rticle . of the Provisional Constitution (!mendment) Erder 1o& 4 of 1444, the 0overnor of a province, on the instructions of the Chief '(ecutive of Pakistan, ma" issue and promul*ate an Erdinance if the circumstances e(ist hich render it necessar" to take immediate action; AND 43EREAS the 0overnor is satisfied that circumstances e(ist hich render it necessar" to take immediate action; NO4* T3EREFORE, in e(ercise of the po ers aforesaid and all other po ers enablin* him in that behalf, the 0overnor of the 1orth-2est Frontier Province, on the instructions of the Chief '(ecutive of Pakistan, is pleased to make and promul*ate the follo in* Erdinance$ +. S'ort tit#e* e1tent* commencement n" pp#ic tion. (1) 3his Erdinance ma" be called the 1orth-2est Frontier Province 9emoval from Service (Special Po ers) Erdinance, -///& (-) %t e(tends to the hole of the 1orth-2est Frontier Province& (6) %t shall come in force at once& (.) %t shall appl" to persons in 0overnment service andMor corporation service& $. Definitions000%n this Erdinance, unless there is an"thin* repu*nant in the subject or conte(t$
4B

(a) Ccompetent authorit"D means the Chief #inister and here, in relation to an"

person or class of persons, the Chief #inister authori>es an" officer or authorit", not bein* inferior in rank to the appointin* authorit" prescribed for the post held b" the person a*ainst hom action is proposed to be taken, to e(ercise the po ers of competent authorit" under this Erdinance, that officer or authorit" and, in relation to an emplo"ee of a Court or tribunal
4B Section

-(a) substituted and proviso added& b" 1&-2&F&P& !ct 1o& %% of -//.&

14.

functionin* under 0overnment, the appointin* authorit", or the Chairman or Presidin* Efficer of the Court or the 3ribunal$
45Provided

that in relation to the emplo"ees of +niversities incorporated b" hich the 0overnor is the

la

in the 1orth-2est Frontier Province, in respect of

Chancellor, the 1orth-2est Frontier Province Koard of 3echnical 'ducation and the Koards of %ntermediate and Secondar" 'ducation in the 1orth-2est Frontier Province, the competent authorit" shall mean the 0overnor; (b) C0overnmentD means the 0overnment of the 1orth-2est Frontier Province; (c) CmisconductD includes conduct prejudicial to *ood order or service discipline or conduct unbecomin* of an officer or *entleman or involvement or participation for *ain either directl" or indirectl" in industr", trade or speculative transactions or abuse or misuse of the official position to *ain undue advanta*e or assumption of financial or other obli*ations to private institutions or persons such as ma" cause embarrassment in the performance of official duties or functions; (d) Cpersons in corporation serviceD mean ever" person in the emplo"ment of a corporation, corporate bod", authorit", statutor" bod" or other or*ani>ation or institutions set up, established, o ned, mana*ed or controlled b" 0overnment, b" or under an" la for the time bein* in force, or a bod" or or*ani>ation in hich 0overnment has a controllin*

share or interest and includes the Chairman and the #ana*in* Girector, and the holder of an" other office therein; and (e) Cpersons in 0overnment serviceD include ever" person ho is a member of a civil service of the Province, or

ho holds a civil post in

connection ith the affairs of the Province, but does not include$ (i) a person ho is on deputation to the Province from the Federation or an" other Province or other !uthorit"; (ii) a person ho is emplo"ed on contract, or on ork char*ed basis, or ho is paid from contin*encies; or (iii) a person ho is a C orkerD or C orkmanD as defined in the Factories !ct, 146. (!ct ;;< of 146.), or the 2orkmanHs Compensation !ct, 14-6 (!ct <%%% of 14-6); but includes an" emplo"ee servin* in an" court or tribunal set up or established b" 0overnment, e(cept a Fud*e of the 8i*h Court or a court subordinate to the 8i*h Court and an" emplo"ee thereof; and (f) CProvinceD means the 1orth-2est Frontier Province&
45 Proviso

added b" 12FP !ct 1o& %% of -//.&

147
4?..

Dismiss #* remov # n" comp(#sor9 retirement* etc. of cert in persons in

Government or corpor tion service* etc.V(1) 2here, in the opinion of the competent authorit", a person in 0overnment or corporation service is(a) inefficient, or has ceased to be efficient for an" reason, or is *uilt" of habituall" absentin* himself from dut" ithout prior approval of leave, or (b) *uilt" of misconduct; or (c) corrupt, or ma" reasonabl" be considered as corrupt, because,-

(i) he, or an" of his dependants or an" other person, throu*h him
or on his behalf, is in possession of pecuniar" sources or of propert", for hich he cannot reasonabl" account for, and

hich are disproportionate to his kno n sources of income; or

(ii) he has assumed a st"le of livin* be"ond his kno n sources of income; or (iii) he has a persistent reputation of bein* corrupt; or (iv) he has entered into plea bar*ainin* under an" la for the time bein* in force and has returned the assets or *ains ac:uired throu*h corruption or corrupt practices voluntaril"; or (d) en*a*ed, or is reasonabl" believed to be en*a*ed, in subversive activities and his retention in service is prejudicial to national securit" or he is *uilt" of disclosure of official secrets to an" unauthori>ed persons; or (e) found to have been appointed or promoted on e(traneous considerations in violation of la and the relevant rules,
44

the competent authorit", after in:uir" b" an %n:uir" Efficer or the

%n:uir" Committee appointed under section 7, ma" not ithstandin* an"thin* contained in an" la , or the terms and conditions of service of such person, b" order in ritin*, dismiss or remove such person from service, compulsoril" retire him from service or reduce him to lo er post or pa" scale, or recover from pa", pension or an" other amount pa"able to him, the hole or a part of an" pecuniar" loss caused to the or*ani>ation in hich he as emplo"ed or impose one or more minor penalties as prescribed in the 1orth-2est Frontier Province 0overnment Servants ('fficienc" and Giscipline) 9ules, 1456, made under section -B of the 1orth-2est Frontier Province Civil servant !ct 1456 (1&2&F&P !ct 1o& ;<%%% of 1456&)
4? Section

6 substituted b" 12FP Erdinance < of -//1& b" 12FP Erdinance 1o <%%% of -//-

44 Substituted

14B

(-) Kefore passin* an order under sub-section (1), the competent authorit" shall,(a) b" order in ritin*, inform the accused of the action proposed to be taken ith re*ard to him and the *rounds of the action; and (b) *ive him a reasonable opportunit" of sho in* cause a*ainst that action ithin seven da"s or ithin such e(tended period as the competent

authorit" ma" determine$ Provided that no such opportunit" shall be *iven here(i) the competent authorit" is satisfied that in the interest of securit" of Pakistan or an" part thereof it is not e(pedient to *ive such opportunit"; or (ii) the accused is dismissed under clause 1//@(a) of sub-section (-) of section 6!A or here the competent authorit" is satisfied for reasons to be recorded in ritin* that it is not reasonabl" practicable to *ive the accused an opportunit" of sho in* cause& (6) 3he dismissal or removal or premature retirement from service or reduction to lo er post or pa" scale of a person under sub-section (1) shall not absolve such person from liabilit" to an" punishment to under an" la , hile in service&
1/1.A.

hich he ma" be liable for an offence committed b" him

Proce"(re in c se of conviction )9

co(rt of # :.---(1) 2here a person in

0overnment service or in corporation service on conviction b" a court of la is sentenced to imprisonment or fine, the competent authorit" shall e(amine the facts and the *rounds on hich the order convictin* such person as passed b" a court of la & (-) 2here on e(amination the competent authorit" finds that order of imprisonment or fine is based on(a) established char*es of corruption or moral turpitude, it shall pass order of dismissal from service of the delin:uent person in 0overnment service or in corporation service hich shall be effective from the date of his conviction b" a court of la ; or (b) char*es other than corruption or moral turpitude it ma", in the li*ht of the facts and circumstances of the case, decide as to hether it is a fit case for takin* departmental action under this Erdinance, and if it so decides it ma", subject to the provisions of sub-section (-) of section 6,

impose an" penalt" provided b" this Erdinance as it ma" deem fit&
1// (a)

of sub-section (-) of Section 6! added b" !ct 1o&;%% of -//6& 6! added b" 1&-2&F&P& Erd& 1o& ;%% of -//6&

1/1 Section

145

%. S(spension.000 ! person a*ainst hom action is proposed to be taken under subsection (1) of section 6 ma" be placed under suspension ith immediate effect if, in the opinion of the competent authorit", suspension is necessar" or e(pedient$ Provided that the competent authorit" ma", in an appropriate case, for reasons to be recorded in proceed on such leave, as ma" be admissible to him, from such date as ma" be specified b" the competent authorit"&
1/-6.

ritin*, instead of placin* such person under suspension, re:uire him to

Po:er to ppoint n InE(ir9 Officer or InE(ir9 Committee.00(1) Subject to the

provisions of sub-section (-), the competent authorit" shall, before passin* an order under section 6, appoint an %n:uir" Efficer or %n:uir" Committee to scrutini>e the conduct of a person in 0overnment service or a person in corporation service ho is alle*ed to have committed an" of the acts or omissions specified in section 6& 3he %n:uir" Efficer or, as the case ma" be, the %n:uir" Committee, shall(a) communicate to the accused the char*es and statement of alle*ations specified in the order of in:uir" passed b" the competent authorit"; (b) re:uire the accused ithin seven da"s from the da" the char*e is communicated to him to put in a ritten defence; (c) en:uire into the char*e and ma" e(amine such oral or documentar" evidence in support of the char*e or in defence of the accused as ma" be considered necessar" and the accused shall be entitled to crosse(amine the itnesses a*ainst him; and (d) hear the case from da" to da" and no adjournment shall be *iven e(cept for special reasons to be recorded in ritin* and intimated to the competent authorit"& (-) 2here the %n:uir" Efficer or, as the case ma" be, the %n:uir" Committee, is

satisfied that the accused is hamperin*, or attemptin* to hamper, the pro*ress of the %n:uir", he or it shall record a findin* to that effect and proceed to complete the in:uir" in such manner as he or it deems proper in the interest of justice& (6) 3he %n:uir" Efficer or, as the case ma" be, the in:uir" Committee, shall submit his or its findin*s and recommendations to the competent authorit" ithin t ent"five da"s of the initiation of in:uir"& (.) 3he Competent authorit" ma" dispense ith the in:uir" under sub-section (1) if it is in possession of sufficient documentar" evidence a*ainst the accused, or for reasons to be recorded in ritin*, it is satisfied that there is no need of holdin* an in:uir"& (7) 2here a person ho has entered into plea bar*ainin* under an" la for the time bein* in force, and has returned the assets or *ains ac:uired throu*h corruption or corrupt practices voluntaril", the in:uir" shall not be ordered$
1/- Section

7 Substituted& b" 1&-2&F&P& Erd& 1o& < of -//1&

14?

Provided that sho cause notice shall be issued on the basis of such plea bar*ainin* to such person informin* of the action proposed to be taken a*ainst him and the *rounds of such action re:uirin* him to submit repl" ithin fifteen da"s of the receipt of the notice& En receipt of the repl", the competent authorit" ma" pass such orders as it ma" deem fit& 7. Po:ers of t'e InE(ir9 Officer or InE(ir9 Committee.0003he %n:uir" Efficer or, as the case ma" be, the %n:uir" Committee shall have po ers(a) to summon and enforce attendance of an" person and e(amine him on oath; (b) to re:uire the discover" and production of an" document; (c) to receive evidence on affidavits; and (d) to record evidence& -. Proce"(re to )e fo##o:e" )9 t'e InE(ir9 Officer or InE(ir9 Committee.0003he %n:uir" Efficer or, as the case ma" be, the %n:uir" Committee shall, subject to an" rules made

under this Erdinance, have po er to re*ulate its o n procedure includin* the fi(in* of place and time of its sittin* and decidin* of a committee constituted for a person in corporate service, to act not ithstandin* the temporar" absence of an" of its members& 8. Or"er to )e p sse" (pon fin"in2.000'ver" findin* recorded b" an %n:uir" officer or, as the case ma" be the %n:uir" Committee under section 7 shall, alon* ith the recommendation provided for in that section, be submitted to the competent authorit" and the competent authorit" ma" pass such orders thereon as it ma" deem proper in accordance ith the provisions of this Erdinance&
1/6,.

hether to sit in public or in private, and, in the case

Represent tion.---(1) ! person on

hom a penalt" is imposed under section 6,

ma", ithin fifteen da"s from the date of communication of the order, prefer a representation to(a) the Chief #inister or an Efficer or authorit" desi*nated b" him, if the order has been passed b" an officer or authorit" authori>ed b" the Chief #inister; (b) the 0overnor or an officer or authorit" desi*nated b" him in an" other case; provided that the aforesaid period, submit a 1/.@revie petitionA to the 0overnor; and (c) the 0overnor, here an order as competent authorit" has been passed b" the Chief #inister& (-) 3he 0overnor, the Chief #inister or an officer or authorit", as ma" be desi*nated for the purpose b" the 0overnor or the Chief #inister, as the case ma" be, ma", on consideration of the representation or, as the case ma" be, the an"
1/7@revie

here the order has been made b" the 0overnor, such person ma",

ithin

petitionA and

other relevant material, confirm, set aside, var" or modif" the order in respect of such representation or
1/B@revie
1/6 Section 1/.3he

hich

petitionA is made&
4 substituted b" 1&-2&F&P& !ct 1o& %% of -//.,

ord CrepresentationD substituted b" the ord @revie petitionA vide 12FP 9emoval from Service ord CrepresentationD substituted b" the ord @revie petitionA vide 12FP !ct 1o %%% of -//7 ord CpresentationD substituted b" the ord @revie petitionA vide 12FP !ct 1o %%% of -//7

(Special Po ers) (!mendment)!ct -//7 (12FP !ct 1o %%% of -//7) dt -4-1--//7

1/7 3he 1/B 3he

144

+&. Appe #s.000 1ot ithstandin* an"thin* contained in an" other la for the time bein* in force, an" person a**rieved b" an" final order under section 4 ma", of the order, prefer an appeal to the Service 3ribunals established under the 1orth-2est Frontier Province Service 3ribunals !ct, 145. (1&-2&F&P& !ct 1o& % of 145.)$
1/5Provided

ithin thirt" da"s

that here a representation 1/?@ A has been preferred under section 4,

but no decision has been received b", or communicated to, the applicant or, as the case ma" be, the petitioner, authorit", he ma" prefer an appeal to the Service 3ribunal, established under section 6 of the 1orth2est Frontier Province Service 3ribunals !ct, 145. (1&-2&F&P& !ct 1o& % of 145.), ithin thirt" da"s of the e(pir" of the aforesaid period& ++. Or"in nce to overri"e ot'er # :s.0003he provisions of this Erdinance shall have effect not ithstandin* an"thin* to the contrar" contained in the 1orth-2est Frontier Province Civil Servant !ct, 1456 (1&-2&F&P& !ct 1o& ;<%%% of 1456), and the rules made thereunder, and an" other la s for the time bein* in force& +$. Procee"in2 (n"er t'is Or"in nce.000!ll proceedin*s initiated on the commencement of this Erdinance in respect of matters and persons in service provided for in ithin a period of si(t" da"s of its submission to the prescribed

this Erdinance shall be *overned b" the provisions of this Erdinance and rules made thereunder$
1/4Provided

that the Provincial 0overnment ma", b" notification in the official

*a>ette, e(empt an" class or classes of emplo"ees of a corporation, a corporate bod", authorit", statutor" bod" or other or*ani>ation or institution set up, established, o ned, mana*ed or controlled b" it, or a bod" or or*ani>ation in or interest, from the provisions of this Erdinance and such class or classes of emplo"ees shall, not ithstandin* an"thin* contained in this Erdinance, be proceeded a*ainst and dealt ith under the la s and rules applicable to such emplo"ees before the commencement of this Erdinance& +.. Pen"in2 procee"in2s to contin(e.000For the removal of doubts, it is hereb" provided that all proceedin*s pendin* immediatel" before the commencement of this Erdinance a*ainst an" person, hether in 0overnment service or service of a corporation, under the 1orth-2est Frontier Province Civil Servants !ct, 1456 (1&-2&F&P& !ct 1o& ;<%%% of 1456), and rules made thereunder, or an" other la and rules in the manner provided thereunder& +%. Pension r9 )enefits* etc.0001ot ithstandin* an"thin* contained in this Erdinance, the pa"ment of pension or other benefits to a person retired or reduced to lo er post or pa" scale under this Erdinance shall, if admissible, be re*ulated in accordance for the time bein* in force relatin* thereto&
11/+%

hich it has a controllin* share

or rules, shall continue under the said la s

ith the la

A. In"emnit9.000 1o suit, prosecution or other le*al proceedin*s shall lie a*ainst hich is in

the competent authorit" or an officer or authorit" authori>ed b" it for an"thin* *ood

1/5 Proviso 1/? 3he

added b" 12FP ordinance 1o ;;< of -//to section 1- added b" ordinance 1o& ;;;%%% of -//1 1.! L 1.K added b" 12FP ordinance 1o <%%% of -//-

ord Cor revie petitionD omitted vide 12FP ordinance 1o ;,< of -//-

1/4Proviso 11/ Section

-//

faith done or intended to be done under this Erdinance or the rules, instructions or directions made or issued thereunder& +% ;. <(ris"iction ) rre".000 Save as other ise provided, no order made or proceedin*s taken under this Erdinance, or the rules made thereunder b" the competent authorit" or an officer or authorit" authori>ed b" it shall be called in :uestion in an" court and no injunction shall be *ranted b" an" court in respect of an" decision made or proceedin*s taken in pursuance of an" po er conferred b", or under, this Erdinance, or the rules made thereunder& +6. Po:er to m !e r(#es.0000overnment ma", be notification in the Efficial 0a>ette, make rules for carr"in* out the purposes of this Erdinance& +7. Remov # of "iffic(#ties.000%f an" difficult" arises in *ivin* effect to an" of the provisions of this Erdinance, the 0overnor ma" make such Erder, not inconsistent the provisions of this Erdinance, as ma" appear to him to be necessar" for the purpose of removin* the difficult"& <oint enE(ir9 (n"er t'e N4FP Remov # from Service =Speci # Po:ers> Or"in nce* $&&&. % am directed to refer to "our letter 1o&EP&7(1),GM-//1MQCM1/77, dated -Bth Februar", -//1, on the above subject and to inform that the 'fficienc" and Giscipline 9ules have not been repealed b" the 9emoval from Service (Special Po ers) Erdinance, -///, therefore, an" procedure prescribed in the 9ules, b" the said Erdinance or, hich as not inconsistent there ith, can be follo ed& hich has not been e(pressl" chan*ed ith

-& 3herefore, for commencin* joint in:uir" a*ainst several officers, 9ule -(-) of the 12FP 'LG 9ules, 1456 can be applied and the authorit" desi*nated for the senior most officer in rank shall be the authorit" for all such accused civil servants& 6& 3his issues ith the approval of the Secretar"&
(!uthorit"; 1o&6./M-//1-,a , dated 15th #arch, -//1)

1E3%F%C!3%E1 Gated Pesha ar the 1Bth Februar", -//7 1o&SE9-<%M'L!GM--BM-//.$- %n pursuance of the provisions contained in the clause (a) of Section - of the 1orth-2est Frontier Province 9emoval from Service(Special Po ers) Erdinance -/// (12FP Erdinance 1o&< -///), the 0overnor of the 1orth-2est Frontier Province is pleased to authori>e the officers sho n in column-6 of the 3able belo to e(ercise the po ers of competent authorit" under the said Erdinance in respect of class of persons emplo"ed in the +niversities incorporated b" la 2&F&P Koard of 3echnical 'ducation and the Koards of %ntermediate L Secondar" 'ducation, sho n a*ainst each in column - of the said table$-/1

in the Kook Koard, the 1-

3!K,' S&1o& Class of persons Efficer authori>ed to e(ercise the po ers of competent authorit"& 1 8olders of posts in KPS--/ L above L e:uivalent !ppointin* !uthorit" - 8olders of posts in KPS-14 L e:uivalent 6 8olders of posts in KPS-1B to 1? and e:uivalent . 8olders of posts in KPS-1 to 17 and e:uivalent

Chief Secretar" to 0overnment of 1-2&F&P& 1E3%F%C!3%E1 Gated Pesha ar the 1Bth Februar", -//7 1o&SE9-<%M'L!GM--BM-//. %n pursuance of the provisions contained in the clause (b) of sub-section (1) of Section 4 of the 1orth-2est Frontier Province 9emoval from Service (Special Po ers) Erdinance -/// (12FP Erdinance 1o&< -///), the 0overnor 1orth-2est Frontier Province is pleased to desi*nate the officerMauthorit" ne(t above the respective competent authorit" for the purposes of preference of appeals a*ainst the orders passed b" the competent authorit" under section 6 of the said Erdinance; provided that here the 0overnor himself is the Competent !uthorit" the person a**rieved ma" submit a revie petition to the 0overnor& Chief Secretar" to 0overnment of 1-2&F&P& 1E3%F%C!3%E1 Gated Pesha ar the 1/th !u*ust, -//7 1o&SE9-<%M'L!GM--BM-//. %n pursuance of the provisions contained in the clause (a) of Section - of the 1orth-2est Frontier Province 9emoval from Service (Special Po ers) Erdinance -/// (12FP E9G 1o&< -///), the Chief #inister of the 1orth-2est Frontier Province is pleased to authori>e the appointin* authorit" of the holder of the respective post other than the posts in respect of authorit", to e(ercise the po ers of competent authorit" under the said Erdinance& -& 3his department 1otification 1o&SE9-%%(SL0!G)7(-4)M-/// <ol$%%% dated -?th September -///, is hereb" superceded& Chief Secretar" to hich the Chief #inister himself is the appointin*

0overnment of 1-2&F&P&
-/-

1E3%F%C!3%E1 Gated Pesha ar the 11th !u*ust, -//7 1o&SE9-<%M'L!GM--BM-//.M<E,$%%%$- %n pursuance of the provisions contained in the clause (a) sub section (1) of Section 4 of the 1orth-2est Frontier Province 9emoval from Service (Special Po ers) Erdinance -/// (12FP Erdinance 1o&< -///), the Chief #inister of the 1orth-2est Frontier Province is pleased to desi*nate the officerMauthorit" ne(t above the respective competent authorit" notified vide this Gepartment 1otification 1o&SE9<%( !LG)M--BM-//. dated 1/th !u*ust -//7 to be authorit" for the purpose of makin* representation a*ainst the orders passed b" the competent authorit" under section 6 of the said Erdinance& -& 3his department 1otification 1o&SE9-%%(SL0!G)7(-4)M-/// <ol$%%% dated 1st 1ovember -///, is hereb" superceded& Chief Secretar" to 0overnment of 1-2&F&P&
-/6

Efficienc9 @ Discip#ine St t(tor9 Provision Section +7 of Civi# Serv nts Act* +,-./0 Discip#in r9 Action. ! civil servant shall be liable to prescribed disciplinar" action and penalties in accordance ith the prescribed procedure& N4FP Government Serv nts =Efficienc9 n" Discip#ine> R(#es*+,-.. 1& S'ort tit#e* commencement n" pp#ic tion/0 (1) 3hese rules ma" be called the
111@1orth-2est

Frontier Province 0overnment Servants ('fficienc" and Giscipline)

9ules,1456&A (-) 3he" shall come into force at once and shall appl" to ever" person ho is a member of the civil service of the Province or is the holder of a civil post in connection ith

the affairs of the Province and shall also appl" to or in relation to a person in temporar" emplo"ment in the civil service or post in connection ith affairs of the Province& -& Definition/0 (1) %n these rules, unless the conte(t other ise re:uires, the follo in* e(pressions shall have the meanin*s hereb" respectivel" assi*ned to them, that is to sa"/0 (a) )accused) means a 0overnment servant a*ainst hom action is taken under these rules& (b) )authorit") means the 0overnor or an officer or authorit" desi*nated b" him to e(ercise the po ers of the authorit" under these rules; (c) )authorised officer) means an officer authorised b" the authorit" to perform functions of an authorised officer under these rules; (d) )0overnment) means the 0overnment of 1orth-2est Frontier Province; (e) )misconduct) means conduct prejudicial to *ood order or service discipline or contrar" to the 11-(1&2&F&P 0overnment Servants (Conduct) 9ules,14?5) or unbecomin* of an officer and a *entleman and includes an" act on the part of 0overnment servant to brin* or attempt to brin* political or other outside influence directl" or indirectl" to bear on 0overnment or an" 0overnment Efficer in respect of an" matter relatin* to the appointment, promotion, transfer, punishment, retirement or other conditions of service of a 0overnment servant; (f) )penalt") means a penalt" hich ma" be imposed under these rules; and (*) )Province) means the 1orth-2est Frontier Province&
111 Published

in the 12FP 0ovt& 0a>ette Part-%, dated -1&1-&1456 at Pa*es 1./-.6 b" 1otification 1o&SE9%%(SL0!G)7--4M?B,dated -B&11&14?5&

11- Substituted

-/.
116)(-)

%n case t o or more 0overnment Servants are to be proceeded a*ainst jointl"

under these rules, the authorit" or, as the case ma" be, the authorised officer, desi*nated or authorised, for the 0overnment Servant senior most in rank shall be the authorit" or, as the case ma" be, the authorised officer in respect of all such accused&
11. (6)

3he in:uir" officer or #embers of 'n:uir" Committee, as the case ma" be,

shall be the officer (s) senior in rank to the accused officer&

6& Gro(n"s of Pen #t9/02here a 0overnment servant, in the opinion of the authorit"; (a) is inefficient or has ceased to be efficient; or (b) is *uilt" of misconduct; or (c) is corrupt, or ma" reasonabl" be considered corrupt because/0 (i) he is, or an" of his dependents or an" other person throu*h him or on his behalf is , in possession (for hich he cannot reasonabl" account) of pecuniar" resources or of propert" disproportionate to his kno n sources of income; or (ii) he has assumed a st"le of livin* be"ond his ostensible means; or (iii) he has a persistent reputation of bein* corrupt ; or (e) is en*a*ed, or is reasonabl" suspected of bein* en*a*ed in subversive activities, or is reasonabl" suspected of bein* associated ith others en*a*ed in subversive activities or is *uilt" of disclosures of official secrets to an" un-authori>ed person, and his (retention) in service is, therefore, prejudicial to national securit", the authorit" ma" impose on him one or more penalties& .& Pen #ties/0 (1) 3he follo in* are the minor and major penalties, namel"/0 (a) #inor penalties/0 (i) Censure; (ii) ithholdin*, for a specific period, promotion or increment, other ise than for unfitness for promotion or financial advancement, in accordance ith the rules or orders pertainin* to the service or post;
117

(iii) recover" from pa" of the hole or an" part of an" pecuniar" loss
of rule - inserted vide SL0!G 1otification 1o&SE9&%%(SL0!G) 6(.)M5? (<ol-%%),

caused to 0overnment b" ne*li*ence or breach of order&

116 Sub-rule(-)

dated -/&7&14?/&
11. Sub-rule

(6) of rule - rule substituted b" 1otification 1o& SE9 %% (SL0!G)-(-4)M47 <ol-%%, (iii) of clause (a) of sub-rule (1) of rule . deleted and sub clause (iv) renumbered

dated 1.&/4&1444&
117 Sub-Class

as (iii) b" 1otification 1o&SE9%%(SL0!G)7(-4)M47 <ol-%%, dated 1.&4&44

-/7

(b) #ajor penalties/0 (i) 9eduction to a lo er post, *rade or time scale, or to a lo er sta*e in a

time scale; (ii) compulsor" retirement; (iii) removal from service; and (iv) dismissal from service& (-) 9emoval from service does not, but dismissal from service does, dis:ualif" for future emplo"ment& (6) %n this rule, removal or dismissal from service does not include the dischar*e of person/0 (a) appointed on probation, durin* the period of probation, or in accordance ith the probation or trainin* rules applicable to him; or (c) appointed, other ise than under a contract, to hold a temporar" appointment, on the e(piration of the period of appointment; or (d) en*a*ed under a contract, in accordance ith the terms of the contract& 7& InE(ir9 proce"(re/0 3he follo in* procedure shall be observed hen a 0overnment servant is proceeded a*ainst under these rules/0 (1) %n case here a 0overnment servant is accused of subversion, corruption or misconduct, the authori>ed officer ma" re:uire him to proceed on leave or, ith the approval of the authorit", suspend him provided that an" continuation of such leave or suspension shall re:uire approval of the authorit" after ever" three months& (-) 3he authori>ed officer shall decide hether in the li*ht of facts of the case or interests of justice an in:uir" should be conducted throu*h an in:uir" officer or in:uir" committee& %f he so decides, the procedure indicated in rule B shall appl"& (6) %f the authori>ed officer decides that it is not necessar" to have an in:uir" conducted throu*h an in:uir" officer or in:uir" committee, he shall/0 (a) b" order in ritin*, inform the accused of the action proposed to be taken in re*ard to him and the *rounds of the action; and (b) *ive him a reasonable opportunit" of sho in* cause a*ainst that action; Provided that no such opportunit" shall be *iven here the authorit" is satisfied that

in the interest of the securit" of Pakistan or an" part thereof it is not e(pedient to *ive such opportunit"&
-/B
11B

Provided further that if the authori>ed officer is satisfied in vie of the preliminar"

in:uir" report of Provincial %nspection 3eam, 0overnor %nspection 3eam or an" other %n:uir" Committee or %n:uir" Efficer, that responsibilit" has been fi(ed on the specified 0overnment servant (s) involved in the case and :uantum of loss incurred b" the 0ovt$ is also indicated therein, the authori>ed Efficer ma" dispense ith formal in:uir" under 'fficienc" and Giscipline 9ules, 1456 and serve a sho cause notice upon the accused officer (s)Mofficial (s), statin* therein the *rounds of action to be taken and *ivin* to the accused a reasonable opportunit" of ritten defence and personal hearin*&
115

(.) En receipt of the report of the in:uir" officer or in:uir" committee, or here no

in:uir" officer or committee is appointed, on receipt of ritten defence or e(planation of the accused to the sho cause notice, the authorised officer shall determine hether the char*e has been proved, and if so, shall also tentativel" decide the imposition of major or minor penalt" in relation to the accused in the li*ht of the in:uir" report or the defenceMe(planation of the accused, as the case ma" be, and serve him ith a final sho cause notice, communicatin* him the penalt" to be imposed, alon* ith a cop" of the in:uir" report, if an", *ivin* him a reasonable opportunit", hich shall not be less than seven da"s or more than fourteen da"s, to defend himself a*ainst the proposed action& (7) %f on receipt of the final sho cause notice, and after hearin* the accused if he so desired, it is proposed to impose a minor penalt", the authorised officer shall pass orders accordin*l"& %f it is proposed to impose a major penalt", he shall for ard the case to the authorit" alon* ith the char*es and statement of alle*ation(s) served on the accused, the e(planation of the accused to the sho cause notice, the findin*s of

the in:uir" officer or in:uir" committee, it appointed, and his o n recommendations re*ardin* the penalt" to be imposed& 3he authorit" shall pass such orders as it ma" deem proper& (B) 2hile imposin* a penalt" under these rules, the authorised officer, or the authorit", as the case ma" be shall ensure that the penalt" corresponds to the de*ree of involvement of the accused officerMofficial ith particular reference to the nature of *uilt, i&e& corruption, ne*li*ence, inefficienc" or misconduct and shall make a judicious decision, accordin* to the facts, of the case and e(tent of the officer=s involvement in it& Provided that if the authorised officer or the authorit" is not in a*reement ith the findin*s of the 'n:uir" EfficerMCommittee, he ma" order a fresh en:uir" throu*h another 'n:uir" EfficerMCommittee as deemed appropriate& B& Proce"(re to )e o)serve" )9 t'e InE(ir9 Officer n" InE(ir9 Committee/0(1) 2here an %n:uir" Efficer or %n:uir" committee is appointed, the authorised officer shall/0 (a) frame a char*e and communicate it to the accused to*ether ith statement of the alle*ations e(plainin* the char*e and if an" other relevant circumstances hich are proposed to be taken into consideration;
11B Proviso

inserted b" 1otification 1o& SE9-%% (SL0!G)7(-4)M47 <ol-%%, dated 1.&/4&1444& (.)(7)L(B) of 9ule 7 substituted b" 1oti $1o&SE9-%%(SL0!G)7(-4)M47 <ol-%% dated 1.&4&44

115 Sub-rule

-/5

(b) re:uire the accused ithin a reasonable time, hich shall not be less than seven da"s or more than fourteen da"s from the da" the char*e has been communicated to him, to put in a ritten defence and to state at the same time hether he desires to be heard in person& (-) 3he %n:uir" Efficer or the committee, as the case ma" be, shall en:uire into the char*e and ma" e(amine such oral or documentar" evidence in support of the char*e or in defence of the accused as ma" be considered necessar" and the accused shall be entitled to cross-e(amine the itnesses a*ainst him& (6) 3he %n:uir" Efficer or the Committee, as the case ma" be, shall hear the case from

da" to da" and no adjournment shall be *iven e(cept for reasons to be recorded in ritin*& 8o ever, ever" adjournment, ith reasons therefor shall be reported forth ith to the authorised officer& 1ormall" no adjournment shall be for more than a eek&
11?

Provided that the in:uir" Committee or officer, as the case ma" be, shall submit ithin the shortest possible time hich shall not be more than one month,

itsMhis report after

receipt of repl" to the char*e sheetMstatement of alle*ation& (.) 2here the %n:uir" Efficer or the Committee, as the case ma" be, is satisfied that the accused is hamperin*, or attemptin* to hamper, the pro*ress of the en:uir", he or it shall administer a arnin*, and if thereafter he or it is satisfied that the accused is actin* in disre*ard of the complete the en:uir" in such manner as he or it thinks best suited to do substantial justice& (7) 3he %n:uir" Efficer or the Committee, as the case ma" be, shall ithin ten da"s of the conclusion of the proceedin*s or such lon*er period as ma" be allo ed b" the authori>ed officer, submit his or its findin*s and the *rounds thereof to the authorised officer& 5& Po:ers of InE(ir9 Officer n" InE(ir9 Committee/0 (1) For the purpose of an in:uir" under these rules, the %n:uir" Efficer and the %n:uir" Committee shall have the po ers of a Civil Court tr"in* a suit under the Code of Civil Procedure, 14/?(!ct < of 14/?), in respect of the follo in* matters namel"/0 (a) summonin* and enforcin* the attendance of an" person and e(aminin* him on oath; (b) re:uirin* the discover" and production of documents; (c) receivin* evidence on affidavit; (d) issuin* commissions for the e(amination of itnesses or documents& (-) 3he proceedin*s under these rules shall be deemed to be judicial proceedin*s ithin the meanin* of section 146 and --? of the Pakistan Penal Code(!ct ;,< of 1?7/)&
11? Proviso

arnin* he or it shall record a findin* to that effect and proceed to

to Sub-rule (6) of rule B Substituted b" 1otification 1o& SE9-%%(SL0!G)7(-4)M47 <ol-%%,

dated 1.&/4&44&
-/?
114-A.

Revision/03he authorit" ma", in the case of an" order passed b" the authorised

officer, call for and e(amine the record of an" case and ma", after makin* such further in:uir" or investi*ation, if necessar", either personall" or throu*h an officer, pass such order as he ma" deem appropriate; Provided that in cases here the authorised officer has e(onerated an accused and the authorit" decides to impose a penalt" on him or authorised officer is decided to be increased, the authorit" shall not impose an" penalt" or increase the penalt", unless an opportunit" is *iven to the person concerned to sho such a penalt" should not be imposed or, as the case ma" be, be increased& ?& 9ule 7 not to appl" in certain cases/01othin* in rule 7 shall appl" to a case/0 (a) here the accused is dismissed or removed from service or reduced in rank, on the *rounds of conduct hich has led to a sentence of fine or of imprisonment; or (b) here the authorit" competent to dismiss or remove a person from service, or to reduce a person in rank, is satisfied that, for reasons to be recorded in ritin* b" that authorit", it is not reasonabl" practicable to *ive the accused an opportunit" of sho in* cause&
1-/

here the penalt" imposed b" the

cause as to

h"

?&! ! Procedure in case of illful absence/0 1ot ithstandin* an"thin* to the contrar"

contained in these rules, in case of illful absence from dut" b" a 0overnment Servant, a notice shall be issued b" the authorised officer throu*h Cre*istered ackno led*ementD due cover on his home address directin* him to resume dut" forth ith& %f the same is received back as undelivered or no response is received from the absentee time, a notice shall be published in at least t o leadin* ne spapers directin* him to resume dut" ithin the stipulated

ithin fifteen da"s of the publication of that notice, failin* ill be

hich an e(-parte decision

taken a*ainst him& En e(pir" of the stipulated period *iven in the notice, the authorised officer shall recommend his case to the authorit" for imposition of major penalt" of removal from service& 4& Procedure of in:uir" a*ainst officers lent to other Provincial 0overnment or the Federation/0(1) 2here the services of 0overnment servants to are lent to the Federation or to an" other Provincial 0overnment or to a local or other authorit" , in this rule referred to as the borro in* authorit", the borro in* authorit" shall have the po ers of the authorit" for the purpose of placin* him under suspension or re:uirin* him to proceed on leave and of initiatin* proceedin*s a*ainst him under these rules; Provided that the borro in* authorit" shall forth ith inform the authorit" hich has lent his services, hereinafter in this rule referred to as to lendin* authorit", of the circumstances leadin* to the order of his suspension or the commencement of the proceedin*s, as the case ma" be&
114 9ule 1-/ 9ule

hom these rules appl"

5! inserted vide SL0!G 1otification 1o&SE9&%%(SL0!G)6-.M5?, dated .&7&14?6& ?! inserted b" 1otification 1o& SE9-%%(SL0!G)7(-4)M47 <ol&%%, dated 1.&/4&44&

-/4

Provided further that the borro in* authorit" shall obtain prior approval of the @Chief #inisterA1-1 before takin* an" action under these rules a*ainst a member of such Civil service of the Province or the holder of such civil post as 0overnment ma" b" notification (specif")1--& (-) %f, in the li*ht of the findin*s in the proceedin*s taken a*ainst the 0overnment servant in terms of rule ?(!), the borro in* authorit" is of the opinion that an" penalt" should be imposed on him, it shall transmit to the lendin* authorit" the record of the proceedin*s and thereupon the lendin* authorit" shall take action prescribed in these rules&

1-6(6)

1ot ithstandin* an"thin* contained in these rules, 0overnment ma", b" order

in to

ritin*, authori>e the borro in* authorit" or an" subordinate officer to such authorit"

e(ercise all or an" of the po ers of )authori>ed officer), )authorit") and )appellate authorit") in respect of civil servants hose services have been lent to the borro in* authorit"&
1-.1/&

Appe #/0 ! person on

hom a penalt" is imposed shall have such ri*ht of appeal

as prescribed in the 1orth-2est Frontier Province Civil Servants(!ppeal) 9ules,14?/&

1-71/!&

Appe r nce of Co(nse#/01o part" to an" proceedin*s under these rules

before the authorit", the authori>ed officer, an %n:uir" Efficer or an %n:uir" committee shall be represented b" an !dvocate&
1-B1/K&

E1ception/01ot ithstandin* an" thin* to the contrar" contained in these rules, in here 0overnment servants collectivel" strike ork, illfull" absent themselves

cases from

dut" or abandon their official them,

ork, the 0overnment or the authorit" ma" serve upon

throu*h the ne spapers or an" other mean, such notice as deemed appropriate to resume dut" and in event of failure or refusal to compl" impose upon the defaultin* 0overnment servants an" of the major penalties prescribed in these rules& 11& Repe #/03he 2est Pakistan 0overnment Servants('fficienc" and Giscipline) 9ules,14B/, in their application to the 0overnment servants to are repealed, but the repeal thereof shall not affect an" action taken or an"thin* done or suffered thereunder&
1-1 3he

ith the directive contained in the notice,

hom these rules appl"

ord )0overnor) substituted b" the ords )Chief #inister) vide 1otification 1o&SE9%%

(SL0!G)7(-4)M?B, dated --&4&14??&

1-- See 1-6 Sub

1otification 1o&SE9%%(SL0!G)6(.)M5?, dated 4&?&14?-& rule 6 of rule 4 inserted b" 1otification 1o&SE9%(SL0!G)1-7M?/, dated -1&4&14?6& 1/ substituted b" SL0!G 1otification 1o&SE9%%(SL0!G)6(.)M5?, dated -6&.&14?B& 1/! added b" SL0!G 1otification 1o&SES%%%(SL0!G)1-?/M56, dated 14&.&1457& 1/K added b" 1otification 1o&SE9%%(SL0!G)6(.)M5?, dated -4,7&144?&

1-. 9ule 1-7 9ule 1-B 9ule

-1/

Pesha ar dated the 1Bth Fanuar", 144-& 1o&SE9%%(SL0!G)7(-4)M?B/0 %n e(ercise of the po ers conferred b" clauses (b) and (c) of rule - of the 1orth- est Frontier Province('fficienc" and Giscipline)9ules,1456, and in supersession of this department=s 1otification 1o&SES%%%(SL0!G)1-?/M56, dated the -?th Fanuar",1457, the 0overnor of the 1orth 2est Frontier Province is pleased to direct that the officers specified in column 6 and . of the table belo )!uthorit") and )!uthorised Efficer) for the purpose of the said rules in respect of civil servants specified a*ainst each in column - of the said table/0 3!K,'
S&1o Kasic Pa" Scale of 0ovt Servant !uthorit" !uthorised Efficer 1-6. 1& Efficers of former Provincial Chief #inister Chief Secretar" Civil Secretariat Service and e(Provincial Civil Service ('(ecutive Kranch)in basic Pa" Scale 15& -& Efficers of former Provincial Chief Fustice !s authorised Civil Service(Fudicial Kranch)in b" the !uthorit" Kasic Pa" Scale 15 and above& 6& Geput" Superintendent of Police Chief Secretar" %nspector 0eneral in basic Pa" Scale 15& of Police& .& Efficers in Kasic Pa" Scale 15 Chief Secretar" Girector of 'ducation in the 'ducation Gepartment& concerned& 7& Ether Efficers in Kasic Pa" Scale Chief Secretar" !dministrative

shall respectivel" be the

15 (other than #ember of !ll Secretar" Pakistan +nified 0rades) B& Efficers in Kasic Pa" Scale 1? in Chief #inister !dministrative the 'ducation Gepartment& Secretar"& 5& Ether officers in Kasic $Pa" Scale Chief #inister Chief Secretar" 1? and above (other than members of !ll Pakistan +nified 0rade)& ?& Sectt$ Efficers in KPS-1B Chief Secretar" Secretar" SL0!G 4& 0overnment servants in K-1B Chief Fustice !s authori>ed b" the on the 'stablishment of authorit"& Pesha ar 8i*h Court, Pesha ar& 1/& 0overnment servants in KPS-1B Senior #ember Secretar", KE9 on the 'stb$ of Koard of 9evenue L Koard of 9ev$ the offices subordinate to it& 1-6. 11& 0overnment servants in Kasic Pa" Commissioner !s authori>ed Scale 1B servin* in the office of of the Givision b" the authorit" Givisional Commissioners and concerned& Effices subordinate to them& 1-& 0overnment servants in Kasic Pa" Secretar" Girector, ,ocal Fund Scale 1B servin* in the Girectorate Finance !udit& of ,ocal Fund !udit&
-11

16& 0overnment servants in Kasic Chairman of Secretar" of the Pa" Scale 7 to 1B servin* in the the Commission& Commission& Public Service Commission& 1.& Ether 0overnment servants in 8ead of !ttached !s authori>ed b" the Kasic Pa" Scale 1B& Gepartment authorit"& 17& 0overnment servants in Kasic 1-5!dministrative G" Secretar" (!dmn$) Pa" Scale 7 to 17 servin* in Secretar" of the Geptt Concerned the Secretariat& concerned Gepartment 1B& 0overnment servants in Kasic G" Sec"(!dmn) Section Efficer(!dmn) Pa" Scale 1 to . servin* in of the Gepartment of the Gepartment the Secretariat& concerned& concerned 15& 0overnment Servants in Kasic Secretar" of !s authorised b" the Pa" Scale 1 to 1. servin* in the commission the authorit"& Public Service Commission&

1?& Ether 0overnment servants in !ppointin* !s authorised b" the Kasic Pa" scale 1 to 17& authorit"& authorit"&
1

)0overnment servants in Kasic Geput" Section Efficer(Coord)

Pa" Scales 1 to . servin* in the Secretar"-%% Chief #inisterHs Sectt$ Chief #inister=s Secretariat& of C&#Hs Sectt$
1-4)2here

the Givisional Qhidmat Committees, as specified b" the 0overnment from

time to time, on the basis of their findin*s, deem necessar" to proceed a*ainst a civil servant from KPS-1 to KPS-1B, postedM orkin* in the Givision, the Commissioner of the respective Givision shall e(ercise the po ers of authorit" under the 12FP 0overnment Servants ('fficienc" L Giscipline) 9ules,1456& 3his provision shall not be applicable to the civil servant servin* in the Provincial Civil Secretariat)& N4FP Government Serv nts =Efficienc9 n" Discip#ine>* R(#es* +,-.. !ttention is invited to 9ule 7(-) of the 1orth-2est Frontier Province 0overnment Servants ('fficienc" and Giscipline) 9ules, 1456 under hich the po ers to appoint an %n:uir" Committee have been *iven& %t has been observed that this provision is not bein* utili>ed presumabl" as sufficient number of officers are not normall" available to hold in:uiries& -& 8o ever, it has been desired b" the 0overnor that since the findin* of the %n:uir" Committee consistin* of t o or more officers ould be more realistic than that of one %n:uir" Efficer, the use of %n:uir" Committee ma" be made henever feasible& % am, therefore, to re:uest that these instructions ma" be brou*ht to the notice of all authorities&
(!uthorit"$ Circular letter 1o&SE9%(SL0!G)1-?/M56(Q2), dated -6&-&14?/&)
1-5 Substituted 1-? Sl&

b" 1otification 1o&SE9&%%(SL0!G)7(-4)M?B, dated 1?&5&144-&

1o&14 added b" SL0!G 1otification 1o&SE9&%%(SL0!G)7(-4)M?B, dated 6&1&1446& b" 1otification 1o&SE9&%%(SL0!G)7(-4)M47, dated -1&B&1445&

1-4 !dded

-1-

Proce"(re (n"er t'e N4FP Government Serv nts =Efficienc9 n" Discip#ine> R(#es*+,-.. %n the past, hile proceedin* a*ainst a 0overnment servant under the 1orth-2est

Frontier Province 0overnment Servants ('fficienc" and Giscipline) 9ules,1456, it not

as

re:uired to *ive an opportunit" to the accused officer Mofficial at the final sta*e to sho cause a*ainst the penalt" proposed to be imposed on him on the basis of the in:uir" report, in cases here a formal in:uir" the said rules& %nstead, the opportunit" *iven to him throu*h the char*e sheet served on him, thereb" allo in* him to make his ritten e(planationMdefence a*ainst the char*es and availin* the chance of personal hearin*, and further allo in* him full libert" to defend his case before the %n:uir" Efficer conductin* the in:uir", as considered as sufficient opportunit" for all practical purposes of imposin* a penalt" on the basis of the in:uir" report& -& 3he Supreme Court, in Civil !ppeal 1o&B. of 1454 (S"ed #ir #ohammad versus 12FP 0overnment), decided on 1B&6&14?1 (reported as P,G 14?1 SC 15B), has, ho ever, held that on a proper construction of rules 7 and B read to*ether of the aforesaid rules, it is statutor" re:uirement that if a formal in:uir" is held, then the !uthorised Efficer should, after he has tentativel" decided upon the action proposed to be taken a*ainst an accused officerMofficial, *ive him an opportunit" to offer his e(planation a*ainst the proposed action in the li*ht of the findin*s of the %n:uir" EfficerM%n:uir" Committee& 6& %n vie of the above jud*ement of the Supreme Court, the position that emer*es no is that it has become a statutor" re:uirement to *ive an opportunit" to an accused officerMofficial to offer his e(planation a*ainst the proposed action in the li*ht of the findin*s of the %n:uir" Efficer or, as the case ma" be, the %n:uir" committee, in cases here the as ordered to be held b" the !uthori>ed Efficer under rule 7 of

!uthorised Efficer decides to hold a formal en:uir" in an" case& .& 3herefore, the procedure that has no to be follo ed for proceedin* a*ainst 0overnment servant under the 1orth-2est Frontier Province, 0overnment Servants ('fficienc" and Giscipline) 9ules,1456 (hereinafter referred to in the said rules), is reproduced belo for information and future *uidance/0 Kefore initiatin* proceedin*s under the said rules, the authorised officer shall decide hether in the li*ht of the facts of the case or interest of justice an in:uir" throu*h an %n:uir" Efficer or %n:uir" committee should or should not be conducted& %f the authorised officer decided that it is not necessar" to have an in:uir" conducted throu*h an %n:uir" Efficer or %n:uir" committee, he shall follo the procedure prescribed in sub-rule (6) of rule 7 of the said rules, before imposin* an" penalt" in the manner prescribed in subrule( .) ibid& 8o ever, if the authorised officer decides that an in:uir" should be conducted throu*h an %n:uir" Efficer or an %n:uir" committee, then the procedure as laid do n in rule B of the said rules shall be follo ed& !fter the receipt of the report of the %n:uir" Efficer or the %n:uir" Committee, as the case ma" be, the authorised officer shall determine hether the char*e has been proved or not& %f the authorised officer is of the opinion that the char*e has not been proved, he ma" drop the proceedin*s and absolve the accused officerMofficial of the char*e& Kut if the authorised officer is of the vie that on the basis of adverse findin*s of the %n:uir" Efficer or %n:uir" committee the
-16

char*e has been proved, then he ill tentativel" decide hether it calls for a major or minor penalt"& !fter so decidin*, he ill inform the accused officerM official of the action proposed to be taken a*ainst him ith a vie to *ivin* him an opportunit" to offer his e(planation a*ainst the proposed action in the li*ht of the adverse findin*s of the %n:uir" Efficer or %n:uir" Committee& 2hile doin* so, the authorised officer shall also for ard a cop" of the report of the %n:uir" Efficer or %n:uir" Committee on the basis hereof the action is proposed to be taken&

En receipt of the e(planation of the accused officerMofficial, the authorised officer shall a*ain appl" his mind to the case and determine vis-a-vis the e(planation of the accused officerMofficial hether the char*e a*ainst him still stands proved] %f the char*e does not stand proved, he 8o ever, if the e(planation, if an", furnished b" the accused officerMofficial does not absolve him of the char*e, the authorised officer shall,a) in case it as proposed to impose a minor penalt" or if it as proposed to impose a major penalt", but in the li*ht of the e(planation of the accused officerMofficial it calls for a minor penalt", pass orders himself; (b) in case it as proposed to impose a major penalt", pass on the case to the authorit" alon* ith the char*e sheet and the statement of alle*ations, the repl" of the accused officerMofficial, the report of the %n:uir" Efficer or the %n:uir" committee, the e(planation of the accused officerMofficial, if an", and his o n recommendations, for such orders as the authorit" ma" deem fit&
(!uthorit"$ Circular letter 1o&SE9%%(SL0!G)6-.M5?, dated -1&1-&14?1&)

ill drop the proceedin*s and absolve the accused officerMofficial&

Rem n" of Discip#in r9 c ses in conseE(ence of t'e <("2ement of t'e S(preme Co(rt of P !ist n in t'e c se of S9e" Mir Mo' mm " S' ' Senior Civi# <("2e Vers(s Government of N4FP. 3he Supreme Court of Pakistan in the case of S"ed #ir #ohammad Shah Senior Civil Fud*e <ersus 0overnment of 12FP have held that in a disciplinar" case in:uir" officer has been appointed, it is incumbent on the )!uthorised Efficer) to suppl" a cop" of the in:uir" report to the accused civil servant advisin* him to *ive ithin a specified time his ritten e(planation as to h" a major or minor penalt" ( hich should be specified in the sho cause notice) should not be imposed on him& !n" penalt" imposed on the civil servant here an

ithout meetin* the above re:uirement ill be bad in la & -& Kased on the above jud*ement of the Supreme Court of Pakistan, the 12FP Service 3ribunal, in the recent past, have accepted appeals of the certain civil servants either been dismissed or removed or compulsoril" retired from 0overnment Service under the provisions of the 12FP 0overnment Servants ('fficienc" and Giscipline) 9ules,1456, directin* the re-instatement in service of such civil servants and startin* the disciplinar" proceedin*s afresh from the sta*e here the default had occurred& 6& %n order to ensure that all such cases are finali>ed ithout an" avoidable dela", the 0overnor 12FP has been pleased to direct that such cases must be finali>ed ithin one month of the reinstatement in service of such civil servants& 3his period ill onl" be
-1.

ho had

e(tendable *ivin*

ith the prior approval of the Chief Secretar" to 0overnment of 12FP, b"

satisfactor" e(planation for the dela"& .& 3he 0overnor, 12FP has been further pleased to direct that persons dismissed, removed or compulsoril" retired from 0overnment Service under the 'fficienc" and Giscipline 9ules, and in conse:uence of the decision of the Supreme Court of Pakistan mentioned in para*raph 1 of this letter, on reinstatement in service, if the" are *a>etted officers, should be posted as officers on Special Gut" in their ori*inal *rades in their Gepartments and if the" are non-*a>etted officials, should be posted a*ainst e:uivalent temporar" posts the disciplinar" cases a*ainst them& 7& %ncidentall", it ma" be advised for the benefit of the !uthorit"M!uthorised Efficer that hen an accused officerMofficial claims personal hearin* in his repl" to the char*e sheet served upon him, he should be *iven an opportunit" of personal hearin* before final orders are passed&
(!uthorit"$Circular letter 1o&SE9%%(SL0!G)6-.M5?, dated --&-&14?-)

ith the same desi*nation in their Gepartments durin* the pendenc" of

;orro:in2 A(t'orit9 to see! prior pprov # of t'e Government.

%n pursuance of the provisions contained in the second proviso to sub rule (1) of 9ule 4 of the 1orth-2est Frontier Province 0overnment Servants ('fficienc" and Giscipline) 9ules, 1456 the 0overnor of the 1orth-2est Frontier Province is pleased to specif" that the civil servants holdin* civil posts in 0rade-15 and above are the persons in respect of hom the borro in* authorit" shall obtain prior approval of the 0overnor before takin* an" action a*ainst them under the said rules&
(!uthorit"$1otification 1o&SE9%%(SL0!G)6-.M5?, dated 4&?&14?-)&

Discip#in r9 ction 2 inst Convicts of Mi#it r9 Co(rts. %nstances have come to notice of this Secretariat here certain public servants not fallin* and subse:uentl" *ranted pardon the conviction& -& 3he issue as ho ever e(amined in consultation ith the ,a Givision ho have advised that a free pardon does not restore convicted person to public office forfeited in conse:uence of a conviction thou*h it ma" remove disabilit" for fresh *rant of emplo"ment&
(!uthorit"$ C#,!=s Secretariat 1o&75M-4(1)M%KM!&F!0MC#,!M?6, dated 1B&6&14?6)

ithin the purvie

of the Pakistan !rm" !ct, 147- convicted b" #ilitar" Courts ere reinstated perhaps on the plea that pardon takes a a"

Scr(tin9 Committee0Discip#in r9 Action. Getailed deliberations take place durin* the Scrutin" Committee #eetin* on the cases those cases are approved in hich substantial mis-appropriationMloss of 0overnment funds has
-17

hich are submitted b" the 0overnor=s %nspection 3eam and other a*encies& Enl"

taken place due to ne*li*enceMmis-conduct etc& of officials& 3hese meetin*s are invariabl" attended b" the administrative Secretaries ho concur in to initiate departmental action a*ainst the defaultin* officers& Concerned departments are, therefore, directed to take necessar" disciplinar" action a*ainst the involved persons&

-& %t has been observed ith concern that in:uir" officers in certain cases have e(onerated the accused and have not blamed an" bod", hereas a substantial loss had occurred to the 0overnment and someone had to be responsible for such a loss& 3he in:uir" officers hile e(oneratin* the defaultin* officers do not point out as to ho else is to be blamed for such losses& 6& %t has, therefore, been decided that the in:uir" officers ill in future pin-point the actual persons involvedMresponsible, in case the accused under investi*ationMtrial are bein* e(onerated& .& Gepartment should also ensure that hen an official is penalised to repa"Mmake *ood a loss, disciplinar" action should also be initiated a*ainst him& 7& %t ma" also be orth mentionin* that unnecessar" dela"s take place, due to one reason or the other, in finali>ation of the cases after approval b" Scrutin" Committee #eetin*& 3he #,! desires that in future, all cases referred for disciplinar" action ithin si( months and an" further dela" ill onl" be condoned b" him personall"&
(!uthorit"$ #,!, Rone K letter 1o&-/-M?MC!-1, dated 1/&.&14?6)

ill be finali>ed

Proce"(re (n"er t'e N4FP Government Serv nts =Efficienc9 n" Discip#ine>* R(#es +,-.. %t has been observed that in some cases, the 'n:uir" Efficers, appointed under 9ule 7 of the 0overnment ('fficienc" and Giscipline) 9ules, 1456, not onl" follo procedure, as out-lined in 9ule B of the 9ules ibid but e(ceed the limits of their duties, as assi*ned in subrule (.) of 9ule 7 of the 12FP 0overnment Servants ('fficienc" L Giscipline) 9ules, 1456& 3he 'n:uir" Efficer is supposed to find out onl" hether the char*es a*ainst the accused officerMofficial have been proved or disproved and hether he is *uilt" or not& -& %t is prero*ativeMprivile*e of the Competent !uthorit" (!uthorised Efficers) to decide the

hether to impose a minor penalt" or major penalt"& 3he 'n:uir" Efficer is not re:uired to make mention of e(oneration or an" other recommendation of punishment etc unless other ise specificall" asked for& 6& 3he instructions ma" be brou*ht to the notice of all concerned for strict compliance please&
(!uthorit"$Circular letter 1o& SE9%(SL0!G)1-1BM54(K), dated -Bth 1ovember,14?6)
-1B

Discip#in r9 ction 2 inst Civi# Serv nts convicte" )9 Mi#it r9 Co(rts. Some doubts have arisen as to hether a pardoned convict could be reinstated or not& 3hese doubts takes a a" the conviction)& %nstructions have alread" been issued on the subject vide this Sectt$ ,etter 1o&75M-4(1)%KM!F!0MC#,!M?6 dated 1Bth #arch, 14?6 and all >ones re:uired not to issue orders for re-instatement of such convicted civil servants *ranted pardon b" the competent #, authorities& -& 3he matter has been re-e(amined and it has been decided that the instructions alread" issued vide our above said letter are re:uired to be strictl" complied an" CourtM3ribunal order for reinstatement of Civil Servant on the stren*th of previous pardon cases the 0overnment should prefer an appeal and if the appeal is alread" time-barred, a petition for leave to appeal alon* ith a petition for condonation of dela" ma" be moved in the appellate court at an earl" date& 6& %t ma" be appreciated that the term )Service 3ribunal) has alread" been included in the term =court= as mentioned in clause (7) and (B) of !rt 17 of the C#,!=s Erder 1o& 1 of 14?1(C#,!=s Effice Erder dated 61&5&14?. refers) & ith& %n case there is ho had been ere ere mainl" created due to the note *iven under P!! Sec 1.6 (pardon

(!uthorit"$ C#,!=s Secretariat letter 1o&75M-4(1)M!F!0MC#,!, dated -5th !u*ust,14?.)&

De# 9 in process of Discip#in r9 c ses. 'n:uir" proceedin*s a*ainst civil servants under 'fficienc" and Giscipline 9ules tend to be undul" protracted for various avoidable reasons, causin* hardships to the affected officers on one hand and defeatin* the purpose of speed" disposal of cases, on the other& % am directed to re:uest that in all disciplinar" cases, in addition to the strict observance of the provisions of 'fficienc" L Giscipline 9ules, and the instructions alread" issued, the follo in* measures should be strictl" observed/0 (1) 3he authorised officer should ensure that no avoidable dela" is allo ed to occur durin* an" sta*e of a disciplinar" case& (-) 3he 'n:uir" Efficer be carefull" selected for his competence and capabilit" to hold the en:uir"& (6) ! time-limit should be prescribed for completion of the en:uir"& (.) 3he 'n:uir" Efficer should be specificall" directed to complete the en:uir" ithin the prescribed period& (7) +ntil the in:uir" is completed, the 'n:uir" Efficer, the accused as ell as the itnesses concerned should not be permitted to proceed on leave, trainin* course or on transfer in or outside Pakistan& (B) ! check-sheet, recordin* the da" to da" pro*ress, should be maintained b" the 'n:uir" Efficer,
-15

(5) 3he en:uir" proceedin*s once started should be held ithout interruption, as far as possible, on da" to da" basis& (?) En receipt of the en:uir" report the case should be processed e(peditiousl"& (4) %t should be impressed upon the 'n:uir" Efficer that the :ualit" of ork produced b" him ill reflect on his efficienc", hich ill be recorded in his !C9& (1/) 3he initiatin* officer should record his assessment of the 'n:uir" Efficer=s performance in the !C9&
(!uthorit"$ Circular letter 1o&SE9%% (SL0!G)6(.)M5?, dated 6rd Ectober, 14?.)

Stopp 2e of increment (n"er Government Serv nts

=Efficienc9 @ Discip#ine> R(#es* +,-.. %nstances have come to the notice of the 0overnment here the penalt" of stoppa*e of increment under the 12FP 0overnment Servants ('fficienc" L Giscipline) 9ules, 1456, has been imposed on 0overnment Servants, ho have reached the ma(imum of the pa" scale, thus makin* the penalt" ineffective& % am accordin*l" directed to re:uest that the competent authorities ma", in future, kindl" keep in vie the sta*e of the pa" scale at hich a 0overnment servant is dra in* pa" before imposin* the penalt" of stoppa*e of increment on him under the above rule&
(!uthorit"$Circular letter 1o&SE9%%(SL0!G)7(-4)M?B, dated -5th Gecember, 14?B)&

Dep rtment # Procee"in2s vis0 0vis <("ici # Procee"in2s. 3he :uestion as to hether or not a departmental in:uir" and judicial proceedin*s can run parallel to each other a*ainst an accused officerMofficial has been e(amined in consultation ith the ,a Gepartment& -& %t is hereb" clarified that Court and Gepartmental proceedin*s ma" start from an identical char*e(s) and can run parallel to each other& 3he" can take place simultaneousl" a*ainst an accused on the same set of facts and "et ma" end differentl" their validit"& 'ven departmental in:uir" can be held subse:uentl" on the same char*es of hich 0overnment servants has been ac:uitted b" a Court& 3he t o proceedin*s are to be pursued independent of each other and it is not necessar" to pend departmental proceedin*s till the finali>ation of judicial proceedin*s& 6& %t ma" also be clarified that Court Proceedin*s also include criminal proceedin*s pendin* a*ainst a civil servant& .& 3he above instructions ma" please be brou*ht to the notice of all concerned& ithout affectin*

(!uthorit"$Circular letter 1o&SE9&%%(SL0!G)7(-4)M?B(QC), dated ?&1&144/)

-1?

Discip#in r9 ction 2 inst Government Serv nts :'o vio# te 4i#"#ife L :. %t has been reported that certain 0overnment servants violate the 2ildlife ,a , thus settin* not onl" a bad precedent for the *eneral public but are also *uilt" of misconduct& -& +nder sub-rule (1) (e) of 9ule - of the 12FP 0overnment Servants ('fficienc" and Giscipline) 9ules, 1456 =#isconduct= has been defined to mean inter alia conduct prejudicial to *ood order or service discipline or unbecomin* of an officer and a *entleman& 6& % am, therefore, directed to re:uest that in addition to institution of cases a*ainst those 0overnment servants ho violate 2ildlife ,a or an" other la of the countr", the" ma" also simultaneousl" be proceeded a*ainst under the 12FP 0overnment Servants ('fficienc" and Giscipline) 9ules, 1456 b" the department concerned& .& 3he contents of this letter ma" be brou*ht to the notice of all officersMofficials orkin* under "our control for strict compliance&
(!uthorit"$ Circular letter 1o&SE9&%%%(SL0!G)M5-1-M41, dated -5th !pril, 1441)&

Un (t'orise" s(pp#9 of copies of offici # correspon"ence. %t has come to notice that interested persons carr" Photostat copies of official correspondenceMnotes takin* place ithin Gepartment or amon* various Gepartments and offices in violation of the 0overnment %nstructions& Sub Paras (a) L (b) of Para B5 of the 0overnment of 12FP #anual of Secretariat %nstructions, 14?4 provides that/0 a) !ll papers received or dealt ith in the Secretariat are of a confidential nature and their contents should not be disclosed to or discussed ith an" unauthorised person& 3his rule applies ith *reater force to documents speciall" classified as Confidential or Secret, and the strictest secrec" shall be observed ith re*ard to their contents& b) Kreach of this rule is an offence punishable ith imprisonment under Section 7(.) of the Efficial Secret !ct, 14-6 (!ct ;%; of 14-6)& -& +nder the above instructions neither cop" of an" official correspondence, letter or

note can be *iven un-authorisedl" to an" person nor the movement of official correspondenceM files can be divul*ed to an" one not officiall" concerned amounts to violation of SecretariatMSecurit" %nstructions& 6& % am accordin*l" to re:uest "ou to please direct all concerned to strictl" compl" ith the above instructions, failin* be proceeded a*ainst under the 12FP 0overnment Servants ('fficienc" L Gisciplines) 9ules, 1456 in addition to an" proceedin*s under Section 7(.) of the Efficial Secret !ct 14-6, if arranted&
(!uthorit"$SE(EL#&%)SL0!GM1/-7M41, dated -4th Ectober,1441&)
-14

ith it& %t

hich an" official found violatin* these instructions, shall

A"option of proper proce"(re :'i#e 'o#"in2 InE(ir9C Discip#in r9 Procee"in2s (n"er t'e N4FP Government Serv nts=Efficienc9 n" Discip#ine> R(#es*+,-.. %t has been observed that in dealin* ith disciplinar" cases, care is not *enerall" taken to observe the procedure laid do n in the 12FP 0overnment Servants ('fficienc" and Giscipline) 9ules, 1456 and instructions issued b" the Provincial 0overnment in this behalf from time to time& 3he %n:uir" Efficers *enerall" do not follo and take the proceedin*s :uite li*htl"& 3he" recommend e(oneration of the accused ithout pinpointin* the actual persons involvedMresponsible even in cases here substantial losses had occurred to the 0overnment& -& Qindl" ensure that provisions of the 12FP 0overnment Servants ('fficienc" and Giscipline) 9ules, 1456, are complied ith full" in future b" the officers responsible for dischar*in* their duties under the said rules& 3he %n:uir" Efficers ma" please be directed to stud" the 12FP 0overnment Servants ('fficienc" and Giscipline) 9ules, 1456, and instructions issued in this behalf from time to time, before holdin* the in:uir"& 3he" should the prescribed procedure

also be instructed to submit a comprehensive report as re:uired under the rules char*e ise conclusions failin* hich an adverse entr" shall be made in their service record&
(!uthorit"$Circular letter 1o&SE9%%(SL0!G)7(-4)?B(K), dated -?th #arch, 144-)

ith

A)sence :it'o(t #e ve %t has come to notice that a lar*e number of officers have *one abroad or are absent ithout leave since lon*& Conse:uentl", hen their promotion cases, come up before the Provincial Selection KoardMGepartmental Promotion Committee, it has to defer them& !bsence to disciplinar" action& %t has been observed that departments fail to take an" effective steps to proceed a*ainst the defaulters under the 12FP 0overnment Servants ('fficienc" and Giscipline) 9ules, 1456, so much so that no action is initiated even under F9-1?, their absence ith or ithout leave e(ceeds five "ears& -& 3he Chief #inister 12FP has taken a ver" serious vie of this state of affairs and has been pleased to direct that shall invariabl" be initiated a*ainst the 8ead of the Gepartment concerned&
(!uthorit"$Circular letter 1o&SE9%%(SL0!G)7(-4)M?B-<ol&K, dated 5th !u*ust,1446)

ithout leave even for a sin*le da" is misconduct and makes civil servant liable

hen

henever such a case comes to notice, necessar" action

Spee"9 "ispos # of InE(ir9 c ses* initi te" (n"er t'e N4FP Government Serv nts =Efficienc9 @ Discip#ine> R(#es*+,-.. !ttention to the provisions of Sub rules (-) to (7) of 9ule B of the 12FP 0overnment Servants ('fficienc" and Giscipline) 9ules, 1456 in holdin* en:uiries b" the %n:uir" Efficers or %n:uir" committee, as the case ma" be appointed under sub rule (-) of 9ule 7 of the 9ules ibid, has been laid do n& ! cop" of 9ule B is enclosed for read" reference& +nder the said rules, the en:uir" officer is re:uired to hear the case on dail" hich a detailed procedure for

basis

ith no adjournment e(cept in ver" special cases

here adjournment for a

ma(imum period of a !lso,

--/

eek, and that too, under intimation to the !uthori>ed Efficer is admissible&

the en:uir" officer is authori>ed to issue a attempts

arnin* to the accused officer if the latter

to hamper the pro*ress of the en:uir" and finali>e the report at his discretion& -& %t has, ho ever, been noticed that some en:uir" officers fail to adopt the laid do n procedure and dela" the submission of the en:uir" reports undul"& %n certain cases, even !uthori>ed Efficers sho undue lenienc" to the en:uir" officers& 3his tendenc" of the en:uir" officersM!uthori>ed Efficers is not onl" a*ainst the rules :uoted above but also causes undue hardship to the accused officers are held up due to pendin* en:uiries& Kesides, as also pointed out b" the Provincial Public !ccounts Committee, recover" of amounts involved in the irre*ularities committed b" the defaulter officer, are not possible on account of their retirement dela" in the finali>ation of the en:uir" reports& 6& %t is therefore, re:uested that all the en:uir" officers ma" be directed to process en:uiries as per provisions in the rules and submit the reports b" the tar*et dates fi(ed b" the !uthori>ed Efficer e(cept in ver" special cases !uthori>ed Efficer for e(tension in the time limit is obtained for submission of the report&
(!uthorit"$Circular letter 1o&SE9%%(SL0!G)7(B4)M4., dated 7&?&144B)

hose cases of promotion, moreover etc

hich is mostl" due to

here the prior permission of the

Spee"9 "ispos # of "iscip#in r9 c sesC ) tement of enE(ir9 on s(per nn( tion of civi# serv nt. 9eference F9-7. -! here under it has been laid do n/0 )7.-!& %f a 0overnment Servant, ho has been suspended pendin* in:uir" into his

conduct attains the a*e of superannuation before the completion of in:uri", the disciplinar" proceedin*s a*ainst him shall abate and such 0overnment Servant shall retire ith full pensionar" benefits and the period of suspension shall be treated as period spent on dut")& -& 3he issue has been e(amined in consultation ith the Finance Gepartment and it has been decided that in future all Civil Servants ho are under en:uir" be e(cluded from the en:uir" proceedin*s under the 'LG 9ules after attainin* the a*e of superannuation and the" ma" be allo ed full pensionar" benefits as provided under the rules& 8o ever, it has further been decided that if some pecuniar" loss caused to the 0overnment is likel" to be proved a*ainst a 0overnment Servant him, an F%9 should be lod*ed a*ainst him for judicial proceedin*s immediatel" after the date of superannuation and e(clusion of his name from the departmental en:uir"& 6& %n vie of the above le*al position about the en:uir" proceedin*s under the 0overnment Servants 'LG 9ules, 1456 most of the en:uiries on one prete(t or other are inordinatel" dela"ed and conse:uentl" the" *et abated as such& 3his state of affairs is neither desirable nor in the public interest& %t has therefore been decided that all en:uir" officers shall strictl" abide b" the relevant rules and ensure completion of en:uiries and submission of their reports dra n to the provision of 9ule B sub rule (6) and sub 9ule (7) of the rules ibid has specificall" been laid do n that/0
--1

ho superannuates before decision of the case a*ainst

ithin the stipulated time& %n this connection attention of the en:uir" officers is here under it

S()0R(#e=.> 3he in:uir" officer or the committee, as the case ma" be, shall hear the case from da"

to da" and no adjournment shall be *iven e(cept for reasons to be recorded in ritin*& 8o ever, ever" adjournment, ith reasons, therefore, shall be reported forth ith to the authorised officer& 1ormall" no adjournment shall be for more than a eek& S()0R(#e=6> 3he %n:uir" Efficer or the Committee, as the case ma" be, shall ithin ten da"s of the conclusion of the proceedin*s or such lon*er period as ma" be allo ed b" the authori>ed officer, submit his or its findin*s and the *rounds thereof to the authori>ed officer& .& 3hese instructions ma" kindl" be brou*ht to the notice of all concerned for compliance in letter and spirit&
(!uthorit"$SL0!G=s letter 1o&SE9%%(SL0!G)6(1--)M4B, dated --&?&144?)

Spee"9 "ispos # of Discip#in r9 C ses. % am directed to sa" that instructions for e(peditious finali>ation of departmental in:uiries a*ainst 0overnment servants have not produced the desired results& %t has been observed that in:uiries a*ainst 0overnment servants are dra**in* on for lon* periods& %n some cases the slo pro*ress of the in:uir" proceedin*s provide an opportunit" to the accused officials to %n other, the protracted in:uiries cause financial hardships, unnecessar" mental an*uish, frustration and demorali>ation of the accused officials in *eneral and those promotions are due in particular& %nordinate dela"s in the dispensation of justice not onl" defeats its ver" purpose but also impairs public interest b" causin* financial loss to 0overnment b" of pa"ment of salaries and allo ances to the officials concerned& Ene of the reasons for such dela"s is that no check is bein* maintained on the pro*ress of such cases b" the Gepartments concerned& -& 0overnment attaches *reat importance to this matter and ishes to impress upon all a" hose in over the itnesses and conse:uentl" escape the clutches of la &

concerned the necessit" of e(ercisin* close vi*ilance on the investi*ations and processin* of disciplinar" cases and ensurin* disposal of such cases sta*es and ithin the period prescribed& %n order to avoid dela"s, % am to re:uest that/0 (a) the !uthorised Efficers ma" be *iven a period for completionMsubmission of each in:uir" hich ma" not normall" be more than three months subject to rela(ation in special cases; (b) the !dministrative Gepartments ma" please furnish pro*ress reports on Gepartmental en:uiries pendin* ith them for period more than si( months to SL0!G in the proforma at !nne(ure-1& 3hese reports should invariabl" be furnished to SL0!G in the first eek of Fanuar", !pril, Ful" and Ectober each "ear& 3he first statement ma" be furnished ithin a month of receipt of this letter&
---

ith speed and ur*enc" at all

(c) the 'n:uir" EfficersM'n:uir" Committees should, on completion of in:uiries furnish reports to their respective !uthorised Efficers in the format at !nne(ure-%%& (d) it should be impressed upon the 'n:uir" Efficers that the :ualit" of ork produced b" them ill reflect on their efficienc" hich ill be recorded in their !C9s& (e) the initiatin* officers hile recordin* their opinion in the !C9s on the ork and conduct of an officer should keep in mind hether the officer reported upon as entrusted ith an en:uir" and if so hether he had finalised the in:uir" ithin the prescribed time limit unless the circumstances be"ond his control necessitated the dela"& !11';+9'-% P9E09'SS 9'PE93 EF GP'!93#'13!, '1O+%9%'S CE1G+C3'G +1G'9
12FP 0E<'91#'13 S'9<!13S ('FF%C%'1CN !1G G%SC%P,%1') 9+,'S, 1456 3E K' S+K#%33'G KN !G#%1%S39!3%<' G'P!93#'13 3E SL0!G

1ame of GepartmentTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT Ouarter endin*TTTTTTTTTTTTTT S& 1o& 1ames, Gesi*nation L Pa" Scale 1o& of the accused 0overnment Servant (a) Gate of %nstitutio n of the in:uir" Krief nature of alle*ations 1ame L Gesi*nation of the 'n:uir" EfficerM'n:uir" Committee and date of appointment Period fi(ed for completin* the in:uir" Present position of the case 9easons for dela" 1-6.7B5?

!11';+9'-%% P9E09'SS P9EFE9#! 3E K' F%,'G KN '<'9N '1O+%9N EFF%C'9MKE!9G EF

%1O+%9N %1 9'SP'C3 EF '!C8 '1O+%9N 8',G +1G'9 38' 12FP 0E<'91#'13 S'9<!13S ('FF%C%'1CN !1G G%SC%P,%1') 9+,'S, 1456 !1G !33!C8'G 3E %1O+%9N 9'PE93
S
1o

Gate of appointment as 'n:uir" EfficerM Koard of 'n:uir" Gate on hich hearin* initiated !djournm ents *iven for period e(ceedin* one eek 1o& and date of permission of !uthorit" under 9ule ?(-) for adjournments mentioned in the previous column&

Gate of completion of proceedin*s Gate of submission of report to the authorit" #a(imum period fi(ed

b" the authorit" under 9ule ?(-) of sub rule (1) 9easons for dela" if an" 1-6.7B5?4
(!uthorit"$SL0!G=s letter 1o&SE9%%(SL0!G)6-.M5?,dated 15&1/&?7) --6

Discip#in r9 Action0nee" to o)serve strict#9 t'e R(#es n" Proce"(re re# tin2 to "iscip#in r9 c ses. % am directed to state that it has been observed that in dealin* ith disciplinar" cases, care is not *enerall" taken to observe the procedure laid do n in the 12FP 0overnment Servants ('fficienc" and Giscipline) 9ules,1456& Such omissions vitiate the case and if the 0overnment servant concerned *oes in appeal to the Service 3ribunal, the appeal is sometime accepted on this account& %t is, therefore, necessar" that e(treme care is taken to ensure that the cases are dealt ith accordin* to the prescribed rules and procedure& -& 3he 0overnment has been issuin* instructions from time to time dra in* attention of all concerned to specific re:uirements of rules and procedure or to omissions *enerall" noted in disciplinar" action& %t is re:uested that the instructions issued from time to time ma" strictl" be follo ed b" all the departments and offices under "our administrative control& 6& For facilit" of reference the instructions issued form time to time have been consolidated in a fresh check-list hich is attached to this letter as !nne(ure& %t should al a"s be consulted hile processin* disciplinar" cases&
(!uthorit"/0SL0!G=s letter 1o&SE9%%(SL0!G)6(.)M5?, dated 4&.&14?7)
--.

ANNEFURE

C8'CQ-,%S3 EF 9'O+%9'#'13S 3E K' 1E3'G 28%,' 3!Q%10 !C3%E1 +1G'9 12FP 0E<'91#'13 S'9<!13S('FF%C%'1CN L G%SC%P,%1') 9+,'S,1456& !uthorit"$ 3o ensure that/0 3he 0overnor has been pleased to desi*nate the officer or authorit" to e(ercise his po ers as !uthorit" under rule -(b)& !uthorised 3o ensure that/0 Efficer& 1& 3he officer e(ercisin* the po ers of !uthorised Efficer has been authorised b" the authorit" to act as such in terms of rule -(c)& -& 3he !uthorised Efficer hile e(ercisin* his discretionar" po ers of suspension under rule 7(1) has obtained prior approval of the !uthorit" in ritin* before issuin* orders suspendin* the accused officer& 3he summaries for authorit" seekin* its approval for suspension or e(tension of suspension period are si*ned b" the authorised officer and not b" an" other officer& Further, an officer can be suspended onl" if he is accused of subversion, corruption or misconduct @9ule 7(1)A& 6& Formal approval of the !uthorit" is available for continuation of the suspension period after ever" three months @9ule 7(1)A& .& Formal approval of the authorit" is available for e(tendin* the period of forced leave after ever" three months@9ule 7(1)A 7& 1o officer other than the !uthorised Efficer has decided that in the li*ht of the facts of the case or in the interest of justice an in:uir" should be conducted throu*h an %n:uir" Efficer or %n:uir" Committee,@9ule 7(-)A& B& Considerin* the nature of char*es and other facts, the decision not to hold an in:uir" has been taken judiciousl" and not arbitraril"& Kefore takin* such a decision, the authorised officer has taken into consideration the nature of char*es and other facts and has satisfied himself that the alle*ations a*ainst the accused could be decided ithout holdin* an en:uir" @9ule 7(6)A& (3hou*h it is not a re:uirement

of the rule that the reasons for not holdin* an en:uir" be recorded, "et the check-point is necessar" to ensure that the decision is in the interest of justice as re:uired b" rule and that there is no violation of the la of natural justice)& 5& 3he procedure prescribed in rule B is follo ed in case the !uthorised Efficer in e(ercise of his discretionar" po er under 9ule 7(-) has decided to hold an in:uir" throu*h an %n:uir" Efficer or %n:uir" Committee&
--7

?& Formal order re*ardin* appointment of %n:uir" Efficer or %n:uir" Committee, as the case ma" be, has been issued b" the !uthorised Efficer(9ule B read ith rule 7(-)& 4& ! formal char*e sheet to*ether ith a statement of alle*ations has been framed and communicated to the accused officer b" the !uthorised Efficer under his si*nature& (3he statement of alle*ations should also be authenticated b" the authorised officer) (9ule B(a)A& 1/& 3he char*e-sheet re:uires the accused& (i) to put in ritten defence ithin a reasonable time hich is not less than 5 da"s or more than 1. da"s from the da" the char*e has been communicated; (ii) to state hether he desires to be heard in person&@9ule B(b)A& 11& 3he procedure laid do n in rule 7(6) is follo ed in case the !uthorised Efficer in e(ercisin* of his discretion has decided to dispense ith holdin* an in:uir" throu*h an %n:uir" officer or %n:uir" Committee& 1-& %n the sho cause notice issued under 9ule 7(6) (b) the proposed action and the *rounds of the action includin* particular or particulars of char*es has been specified; the *rounds for penalt" in terms of rule 6 have been specificall" mentioned; the penalt" or penalties hich ould be called for if the char*es are established have been specified and no *eneral mention has been made b" reference to all minor or

major penalties& 3he description of penalties should conform to the description *iven in the rules& 3he sho cause notice must be si*ned b" the authorised officer& 16& En receipt of the report of the %n:uir" Efficer or %n:uir" Committee or on receipt of e(planation of the accused officer under 9ule 7(.) the !uthorised Efficer has determined hether the char*e or char*es a*ainst the accused officer has been proved or not @9ule 7(.)A& 1.& !fter the authorised officer has considered the in:uir" report and arrived at a provisional conclusion as to the penalt" to be imposed, the accused shall be supplied ith a cop" of the in:uir" report and asked to sho cause ithin a specified time, hich should not be less than 5 da"s and more than 1. da"s from the date of receipt of in:uir" report, a*ainst the particular penalt" to be imposed and an" representation submitted b" the accused in this behalf shall be taken into consideration before final orders are passed& 17& %n case the !uthorised Efficer has proposed imposition of a major penalt" on the accused officer he has referred the case to the !uthorit" ith his recommendation and ith all the documents mentioned in the rule @9ule 7(.)A&
--B

1B& 2hen the accused has desired to be heard in person, the authorised officer has dul" heard him in person before decidin* to impose a minor penalt" or make recommendations to the authorit" for a major penalt"& 15& %n case the authorised officer in respect of civil servants holdin* posts in basic pa" scales 15 and above decides to for ard a disciplinar" case to the 0overnor, here he is the authorit", he should invariabl" submit his proposal in the form of a Summar" to 0overnor throu*h Chief Secretar" alon* ith complete C9 dossier& 3he summar" should also contain the follo in* information/0 i) date of birth of the accused ii) date of his entr" into service

iii) the len*th of :ualif"in* service for pension as on the date on hich summar" is for arded& %n:uir" EfficerM Committee& 3o ensure that/0 (1) 3he procedure laid do n in 9ule B(1) to B(7) is strictl" adhered to durin* the in:uir" proceedin*s& (-) 3he in:uir" proceedin*s bein* of judicial nature in terms of rule 5, the %n:uir" Efficer has recorded the statement of itnesses on oath&@9ule 5(a)A& (6) 3he accused officer is allo ed to cross-e(amine the itnesses produced a*ainst him durin* the proceedin*s @9ule B(-)A& (.) 3he accused officer is afforded reasonable opportunit" to produce his defence @9ule B(1)(b)A& (7) 3he case is heard from da" to da" and no adjournment is *iven e(cept for reasons to be recorded in ritin* hich should be reported to the authorised officer& 1o adjournment should e(ceed a eek @9ule B(6)A& (B) 3he findin*s are recorded after due anal"sis and appreciation of evidence on record&
(!uthorit"/0SL0!G=s letter 1o&SE9%%(SL0!G)6(.)M5?,dated 16&?&14?7)
--5

9'O+%9'#'13 3E %SS+' ! F9'S8 S8E2 C!+S' 1E3%C' %F 38' P'1!,3N %#PES'G +1G'9 0E<'91#'13 S'9<!13S ('FF%C%'1CN L G%SC%P,%1') 9+,'S,1456, E9 P9EPES'G 3E K' %#PES'G %S 09'!3'9 38!1 38!3 SP'C%F%'G %1 38' S8E2 C!+S' 1E3%C' E9 %S P9EPES'G 3E K' '18!1C'G KN 38' !PP',,!3' !+38E9%3N& !s a result of disciplinar" action taken a*ainst a 0overnment servant the appellate authorit" considered the penalt" imposed b" the authorised officer as inade:uate and enhanced the penalt"& 0overnment servant filed an appeal a*ainst enhancement of penalt"

before the Service 3ribunal @!ppeal 1o&-(k) of 14?/A& 3he Service 3ribunal acceptin* the appeal observed that the penalt" as enhanced ithout *ivin* the appellant an opportunit" of bein* heard ) e hich

hile

as a*ainst natural justice and further observed that

are of the firm opinion that even if the rules are silent on the subject, an" time an appellant=s punishment is enhanced, he ill be *iven a sho cause and a hearin*& 3he re:uirement is natural justice shall al a"s be read into the rulesD& 3he Givision concerned referred the observations of the Service 3ribunal to the #inistr" of ,a as open to the appellate authorit" to revise the sentence up ard, it the appellate authorit" to *ive a sho passin* the order& 3he" advised that the order of the 3ribunal should, therefore, be obe"ed& -& 3he observations of the Service 3ribunal and the advice of the Fustice Givision mentioned in Para 1 is brou*ht to the notice of all #inistriesMGivisions and Gepartments for *uidance and compliance& 6& 3he cases in hich a penalt" is enhanced ma" be as follo s/0 (i) 2here the authorit" decides to enhance the penalt" proposed b" the !uthorised officer and hich is *reater than the ma(imum penalt" sho n in the sho cause notice issued b" the authorised officer in terms of 9ule 7 (6) of the 0overnment Servants ('fficienc" and Giscipline) 9ules,1456, or in the Sho Cause 1otice issued b" the authorised officer in terms of 9ule 7 (.), after considerin* the in:uir" report, as the case ma" be; or (ii) 2here the authorit" in e(ercise of its reversionar" po er under 9ule 5-! of the 9ules, decides to enhance a penalt" imposed in a case alread" disposed of or hich, in a pendin* case, is *reater than the penalt" sho n in the sho cause notice; or cause notice to the appellant and hear him before ould be appropriate for ho confirmed that hile it

(iii) 2here the appellate authorit", in e(ercise of its appellate jurisdiction, decides to enhance the penalt" alread" imposed on the appellant& 3he #inistries, Givisions and Gepartments are advised to ensure that in all such cases as are mentioned above, before the penalt" is enhanced a sho cause notice is invariabl" issued and the accusedMappellant is *iven an opportunit" of bein* heard in person&
(!uthorit"$ Cop" of E&# 1o&.M.-M?6-G--,dated -4th Ful",14?7, from 0overnment of Pakistan, Cabinet Secretariat ('stablishment Givision)
--?

Spee"9 "ispos # of "iscip#in r9 c ses. % am directed to refer to the subject noted above and to invite "our attention to this departmentHs letter of even number dated 15&1/&?7 here under detailed instructions for speed" disposal of en:uiries ith disciplinar" cases, care is not *enerall" taken to observe the procedure laid do n in the 12FP 0overnment Servants ('fficienc" and Giscipline) 9ules, 1456 and instructions issued b" the provincial 0overnment in this behalf from time to time& 3he in:uir" officers usuall" do not follo benefits the accused officersM officials and the ver" purpose of the proceedin*s is defeated& % am, therefore, to re:uest "ou to kindl" ensure that the above instructions are complied ith in letter and spirit, in future&
(!uthorit" SL0!G letter 1o&SE9-%% (SL0!G)7M-4M47 <ol-%%, dated -6&-&44)

ere issued& 8o ever, it has been observed that in dealin*

the prescribed procedure and take the proceedin*s :uite li*htl",

hich

Spee"9 Dispos # of Discip#in r9 C ses. % am directed to refer to this Gepartmental letter of even number dated -6&-&44 on the subject noted above and to reiterate that disciplinar" proceedin*s a*ainst 0overnment Servants under 'fficienc" and discipline 9ules, are undul" protracted in the departments, in *eneral, and b" the 'n:uir" Efficers, in particular for various reasons& Sometimes the dela"s seem to be intentional to allo the accused civil servants to retire from service on

superannuation durin* the course of proceedin*s, here after proceedin*s under the 'fficienc" and Giscipline 9ules a*ainst them stand abated under F9-7. (!) from the date of retirement of the civil servant& -& %t has also been noticed that in cases here financial losses have been caused to the 0overnment, the 'n:uir" Efficers do not indicate the :uantum of losses in their report enablin* the concerned authorit" to order the recover" of the amount of loss as penalt" in addition to other penalties& #oreover, no F%9 is bein* lod*ed in the relevant courts of la for the recover" of losses from the retired civil servant b" the concerned departments& 6& 3he Chief #inister, 12FP, has e(pressed dis-satisfaction, time and a*ain, over dela"s in the 'fficienc" and Giscipline cases as a result of book are facilitated to *et off the hook in the process of accountabilit"& 3he Chief #inister, 12FP has directed once a*ain to ensure handlin* of disciplinar" proceedin*s in proper and effective manner so as to finali>e cases in stipulated time and ell before the retirement of those accused officers ho are due for retirement& .& % am directed to re:uest that in all disciplinar" cases, in addition to strict observance of the provisions of 'fficienc" and Giscipline 9ules and the instructions alread" issued on the subject, the follo in* measures should also be adhered to strictl"$(a) 3he !dministrative Gepartment should ensure to *ive priorit" to 'LG cases as provided in paras-155-1?1 of the #anual of Secretariat %nstructions other ise the department concerned ill be held responsible for the dela"s in finali>ation of these cases (b) 3he en:uir" officers should conduct the en:uir" in accordance ith 9ule B of the 'LG 9ules and should submit report ithin the stipulated period& 3he en:uir" officer should also in his findin*s indicate hether the char*es have
--4

hich the accused brou*ht to

been established or not& 8e should also indicate pecuniar" losses caused to the 0overnment; (c) 3he !uthorised Efficer or !uthorit", as the case ma" be, hile considerin* to impose an" major or minor penalt" on the accused, shall also consider to impose a minor penalt" of recover" of peculiar losses caused to 0overnment b" ne*li*ence or b" breach of order of the accused civil servant as provided in 9ule . (1) (a) (iii) of the 'LG 9ules; (d) %n case the department or the en:uir" officer find an" difficult" to conduct an en:uir" in time or to process the case in time, a reference to this effect ma" be made to the !uthorised officer brin*in* the matter causin* dela" into his notice for timel" remedial action&
(!uthorit" SL0!G letter 1o&SE9-%%(SL0!G)7(-4)M47 <ol-%%, dated 1?&7&44)

Discip#in r9 procee"in2 (n"er t'e N4FP Government Serv nts =Efficienc9 n" Discip#ine> R(#es* +,-.. % am directed to refer to the subject noted above and to sa" that the Competent !uthorit" has directed that hile submittin* en:uir" cases to the !uthorised EfficerM !uthorit" under 'LG 9ules, 1456 for decision a self-contained service record of the accused officersMofficials indicatin* details of previous en:uiries, if conducted a*ainst them, shall invariabl" be provided for perusal of the above authorities& -& % am, therefore, directed to re:uest "ou that the above instructions should be brou*ht to the notice of all concerned for strict compliance in future&
(!uthorit" SL0!G letter 1o&SE9-%%(SL0!G)7(-4)M44 <ol-%%%, dated 61&1&-///)

In"ic tion of ; sic P 9 Sc #e :'i#e s()mittin2 c ses (n"er =Efficienc9 @ Discip#ine> R(#es* +,-.. % am directed to refer to the subject noted above and to state that the competent authorit" has observed that majorit" of the !dministrative Gepartments of the Provincial 0overnment, do not indicate the Kasic pa" Scales of the accused officersMofficials, hile submittin* en:uir" cases under 'LG 9ules, 1456 such cases& hich becomes a cause of dela" in

-& %t ma" be ensured that in future at the time of submission of aforesaid cases, Kasic Pa" Scales shall invariabl" be mentioned to facilitate appropriate decision of the !uthorised EfficerM!uthorit"& ! cop" of this department letter of even number dated -5&1-&?B, re*ardin* mentionin* of the sta*e of the pa" at before imposition of penalt" of stoppa*e of increment on him is also enclosed for *uidanceM compliance& 6& % am, therefore, directed to re:uest "ou to kindl" brin* these instructions to the notice of all concerned orkin* under "our administrative control for strict compliance&
(!uthorit" SL0!G letter 1o&SE9&%%(SL0!G)7(-4)M4?MQC, dated 61&1&-///)
-6/

hich a *overnment servant

as dra in* pa"

Spee"9 "ispos # of "iscip#in r9 c ses. % am directed to refer to this department letter of even number dated 1?&7&44 on the subject noted above (cop" enclosed for read" reference) and to state that despite repeated instructions for timel" completion of en:uiries a*ainst 0overnment Servants under the ('fficienc" L Giscipline) 9ules, 1456, the 'n:uir" Efficers still adopt a luke arm and lethar*ic attitude to ards the assi*ned dut"& 3his tendenc" provides an eas" a"-out for retirement on superannuation to the accused officer under the provision of F9 7.-!& -& %t is pointed out that under sub-rule (6) and proviso inserted thereunder, of 9ule-B of the 9ules ibid, (6/) da"s time has been specified for the 'n:uir" Efficer or the 'n:uir" Committee, as the case ma" be, to complete the assi*ned task& %n case the 'n:uir" Efficer or the 'n:uir" Committee failed to complete the en:uir" ithin stipulated period, the" ill render themselves liable for disciplinar" action to be taken a*ainst them for their inefficienc" and delin:uenc" ithin the meanin* of 9ule-6 of the 12FP 0overnment Servants ('fficienc" and Giscipline) 9ules, 1456& 6& % am, therefore, directed to re:uest "ou to kindl" brin* these instructions to the notice of all concerned orkin* under "our administrative control for strict compliance&
(!uthorit" SL0!G ,etter 1o&SE9&%%(SL0!G)7(-4)M44M<ol&%%%, dated 1B&-&-///)

Person # 3e rin2. % am directed to refer to the subject noted above and to state that Sub-9ule-1(b) of 9ule-B of the ('fficienc" and Giscipline) 9ules, 1456 provides that Char*e SheetMStatement of alle*ations or a sho Cause 1otice on an accused EfficerMEfficial, he is also re:uested to intimate hether he desires to be heard in person or other ise& 3he competent authorit" has observed the personal hearin* of disciplinar" cases are not full" conversant ith the histor" of the case hich results in serious *aps of information& %t ill be in the interest of !dministrative Gepartments to nominate onl" those persons ho have dealt ith the case and are full" informed about it& %n some cases, the departmental representatives lack basic information re*ardin* the se:uence of events& 3he kno led*e of 'LG 9ules ould be an added advanta*e to the departmental representatives& % am, therefore, directed to re:uest "ou to kindl" brin* these instructions to the notice of all concerned for strict compliance&
(!uthorit" SL0!G ,etter 1o&SE9&%%(SL0!G)7(-4)M44, dated 6&6&-///)

hile servin* a

ith concern that departmental representatives durin*

Discip#in r9 procee"in2s 2 inst cc(se" Government Serv nts. % am directed to refer to this subject noted above and to enclose here ith a cop" of G&E letter 1o&11M7M-///MG&%, dated -&6&-/// received from !dditional Secretar" (%nchar*e), Cabinet Secretariat, 'stablishment Givision, 0overnment of Pakistan, %slamabad for *uidance and strict compliance&
-61

G&E letter Gurin* hi*h level meetin* chaired b" the Chief '(ecutive it as noted that the desi*nated C!uthori>ed EfficersD of the borro in* authorities in the Provincial 0overnments

have ade:uate po ers under the 0overnment Servants ('LG) 9ules, 1456 to departmentall" proceed a*ainst 0overnment Servants involved in the alle*ed char*es of misconduct, inefficienc", corruption etc& 3he" have po ers to take follo in* actions under 9ule 4 of the said 9ules a*ainst lent officers of the Federal 0overnment in KS-15 and above$a) 2ith prior approval of the 'stablishment Secretar", to send such officers on forced leave for a period of three months or to recommend suspension from service and e(tension in forced leave and suspension, in terms of 9ule 7(1) of the said 9ules; b) 2ith prior approval of the authorit" i&e& the Chief '(ecutive, to frame char*esMalle*ations and to initiate disciplinar" action in terms of 9ule B(1)(a)L(b) of said 9ules& c) 3o transmit record of proceedin*s in case one or more penalties prescribed in the said rules are recommended to be imposed ith due process of la after *ivin* a reasonable opportunit" of sho in* cause; -& 3he desi*nated C!uthoritiesD also have the ori*inal as ell as revisional po ers under 9ule 7(7) and 9ule 5(!) of the 0overnment Servants ('LG) 9ules, 1456 hich include po ers to call for record of an" case pendin* before or disposed of b" the !uthorised Efficer and to pass such order in relation thereto as it ma" deem fit& Similarl", the appellate authorities under the civil servants (!ppeal) 9ules, 1455 have full po ers to modif" the orders passed b" the departmental authorit" or the !uthorised Efficer in cases of appeal here the penalt" imposed upon the accused officer is considered inade:uate& 6& 3he Chief '(ecutive of Pakistan, in the li*ht of the above, has been pleased to direct that in order to enforce the 0overnment Servants ('LG) 9ules, 1456 and the Civil Servants (!ppeal) 9ules, 1455 in true spirit, the desi*nated C!uthoritiesD C!uthorised EfficersD and the !ppellate !uthorities shall invoke the above mentioned provisions of la Mrules henever

such a situation arises, ithout an" lenienc" or hesitation for conclusion of disciplinar" proceedin*s strictl" on merit& %t is desired that the aforementioned directions of the Chief '(ecutive be full" implemented and due care taken to strictl" observe the provisions of 9ules, prescribed procedures and instructions issued on the subject from time to time& .& !ll Provincial 0overnments are advised to ensure that upto date lists of all pendin* disciplinar" cases a*ainst lent officers includin* !P+0ME#0 and other Federal 0overnment Servants presentl" servin* under provincial *overnments shall be sent periodicall" to the Giscipline 2in* of the 'stablishment Givision for scrutin"Mre-assessment etc on the proforma alread" prescribed vide 'stablishment Givision E&# 1o&1M6M5/-G&1 dated 5 #a", 145/& 7& 3he above instructions ma" kindl" be communicated to all concerned for proper *uidance and strict compliance in future&
-6-

%t has come to the notice of the President that a lar*e number of cases of disciplinar" nature are pendin* final disposal since lon* and in some cases for over "ears& 3his is obviousl" contrar" to the dictates of justice, and inevitabl", results in undue hardship to the affected persons, particularl" those in the lo er income *roups& Kesides these dela"s, invariabl" subject the administration to unnecessar" criticisms& -& %t is, therefore, advised that each #inistr"MGivisionMGepartment and semi-autonomous bodies under the Federal 0overnment should maintain suitable records of all cases of 0a>etted and non-0a>etted staff and disciplinar" action is proposed to be initiated or has been initiated sho in* the reasons for initiation of such action& Periodic pro*ress in the disposal of each case should be recorded therein to facilitate authorities concerned to conduct :uick scrutin" for assessin* dela"s, their causes and to pursue their e(peditious disposal& 6& !ll #inistersMGivisionsMGepartments and semi-autonomous bodies are re:uested to herein investi*ationsM in:uiries have been instituted

prepare an up-to-date list of all disciplinar" cases pendin* ith them in the enclosed proforma (!nne(ure) and for ard it, in duplicate, to the 'stablishment Givision&
!11';+9' S3!3'#'13 S8E2%10 P!93%C+,!9S EF G%SC%P,%1!9N C!S'S P'1G%10 E9 P9EPES'G 3E K' %1%3%!3'G %1 38' #%1%S3'9%'S G%<%S%E1SMG'P!93#'13SM S'#%&!+3E1E#E+S KEG%'S 1ame of GivisionMGepartment etc& TTTTTTTTTTTTTTTTTTTTTTT
(!uthorit" Cabinet Secretariat 'stablishment Givn& %slamabad G&E letter 1o&11M7M-///MG&%, dated -&6&-/// L SL0!G ,etter 1o&SE9-%%(L0!G)7(-4)44&<&%%%) dated -4&6&-///)
1ame L particular of official concerned Gate of receipt of complaintM alle*ation etc& 2hether investi*ationsM in:uiries have been instituted or disciplinar" action is proposed to be initiated 9easons in brief for institutin* or proposin* disciplinar " action& Gate of initiatin* departmental action& 2hether the person concerned is under suspension if so from hat date Present

position of the case 9eason s for dela" 3he period b" hich the case is e(pected to be finalised 9emarks 1 - 6 . 7 B 5 ? 4 1/

-66

Discip#in r9 procee"in2s (n"er Government Serv nts =E@D> R(#es* +,-. 2 inst cc(se" 2overnment serv nts strict o)serv tion of r(#es n" proce"(re. % am directed to refer to the subject noted above and to enclose here ith a cop" of G&E& letter 1o&11M7M-///-G&1, dated -5&6&-/// received from Foint Secretar" (GL,), Cabinet Secretariat, 'stablishment Givision, 0overnment of Pakistan, %slamabad for *uidance and strict compliance& G&E letter %t has *enerall" been observed that in dealin* ith disciplinar" cases a*ainst 0overnment Servants due care is not taken to observe the provisions of 0overnment Servants ('LG) 9ules, 1456 and instructions issued thereunder& Certain le*al and procedural irre*ularities and infirmities have come to the notice of the Federal 0overnment particularl" ith re*ard to framin* and issuance of Char*e Sheet alon* ith statement of alle*ations, appointment of %n:uir" EfficerM%n:uir" Committee and conduct of in:uir" proceedin*s and undue dela" in the finali>ation of disciplinar" proceedin*s etc& certain omissions are *rave in nature and failure to compl" ith the re:uirement of 0overnment Servants ('LG) 9ules, 1456 can vitiate the proceedin*s conducted a*ainst the accused officer& %t is therefore,

necessar" that e(treme care should be taken b" the !uthori>ed Efficers, %n:uir" Efficers and the !uthorities to ensure that disciplinar" cases are dealt rules and procedure& -& %t is accordin*l" re:uested that the instructions issued form time to time particularl" the instructions at S&1o&&45-1// Pa*es 714-7-5 'S3!CEG' 14?4 'dition, should be strictl" follo ed b" the #inistriesMdivisionsMGepartments& For facilit" of reference follo in* instructions are a*ain circulated for information and strict compliance& (a) En receipt of complaint a*ainst an" officerMofficial the matter should be placed before the desi*nated authorised officer& %t is the authorised officer ho has to formulate his opinion and to reach a provisional conclusion re*ardin* char*esMalle*ations a*ainst the accused officerMofficial for hich he can order holdin* of preliminar" fact findin* in:uir" or probe& %f in the opinion of the authorised officer the char*esMalle*ations are *rave in nature, he ma", if competent, pass order to remove the accused officer from his job or recommend the said action& 8e ma" also if necessar" send the officer on forced leave or recommend suspension of the officer to the authorit"& !uthorised Efficer is also competent to initiate proceedin*s after framin* of char*es& 3he 'LG 9ules have *iven ade:uate po ers to the authorised officers in this re*ard& !s a uniform polic" all accused officers a*ainst hom formal proceedin*s under 'LG 9ules or criminal proceedin*s have been initiated, should be removed from their positions till finali>ation of said proceedin*s& (b) %n order to conduct in:uir" proceedin*s e(peditiousl", the competent officers of unimpeachable inte*rit" should be appointed as the in:uir" officersM members of %n:uir" Committee b" the authorised officers& 3he %n:uir" EfficerMmembers of %n:uir" committee should be senior to the accused officer and ell a are of the rulesMinstructions& 3he provisions laid do n in 9ules B L5 of the 0overnment Servants ('LG) 9ules, 1456 re*ardin* conduct of ith accordin* to prescribed

in:uir" proceedin*s should be full" complied ith Gepartmental

-6.

9epresentative ell conversant ith facts and official record should be appointed b" the authorised officers here ever re:uired& (c) 3he 9ule 7 (-) and 7(6) of the 0overnment Servants ('LG) 9ules, 1456 *ive e(clusive po ers to the authorised officer to decide hether in the li*ht of facts of the case or the interest of justice an in:uir" should be conducted or it is not necessar" to conduct an in:uir"& 3he final decision to this effect has to be taken b" the authorised officer, ho ever in cases here minimum re:uired evidence is available, the in:uir" proceedin*s should be dispensed ith and action under 9ule 7(6) of the said rules ma" be taken& 3he mandator" re:uirements of issuin* sho cause notice and reasonable opportunit" of ritten and oral defence throu*h *rant of personal hearin* should be met before a ardin* minor penalt" to the accused officer or recommendin* major penalt" to the !uthorit"& (d) 3he !uthorised Efficers are re:uired to ensure that disciplinar" proceedin*s are conducted efficientl" and e(peditiousl"& 3he" should monitor the proceedin*s properl" and issue instructions to in:uir" officerM%n:uir" Committee for :uick disposal of disciplinar" cases& 6& !ll #inistriesMGivisionsMProvincial 0overnments are re:uested to ensure that provisions of 0overnment Servants ('LG) 9ules, 1456 alon* ith instructions issued b" 'stablishment Givision from time to time re*ardin* conduct of disciplinar" proceedin*s are full" complied ith in future b" the officers responsible for dischar*in* their duties under the said rules before and durin* the currenc" of the disciplinar" proceedin*s a*ainst the civil servants as !uthorit", authorised officer or %n:uir" Efficer&
(!uthorit" Cabinet Sectt$ 'stab$ Givn& %slamabad letter 1o&11M7M-///-G-1, Gated -5&6&-/// L SL0!G letter 1o& SE9-%%(SL0!G)7(-4)M44M<ol-%%%, dated -1&.&-///)

Discip#in r9 procee"in2s (n"er Government Serv nts =E@D> R(#es* +,-. 2 inst cc(se" 2overnment serv nts strict o)serv tion of r(#es n" proce"(re. % am directed to refer to this department letter 1o&SE9-%% (SL0!G)7(-4)M44& <ol-%%%,

dated -4&6&-/// and even number dated -1&.&-/// on the subject noted above under

here

G&E letters of Cabinet Secretariat, 'stablishment Givision bearin* 1o&11M7M-///MG&%, dated -&6&-/// and the same number dated -5&6&-/// ere circulated for information, *uidance and compliance of all concerned& %n continuation therefore, a cop" of the G&E letter of 0ovt& of Pakistan, 'stablishment Givision bearin* 1o&11M7M-///MG&%, dated 15&.&-/// alon* ith a cop" of the proforma alread" circulated ith this department letter of -4&6&-/// ith the re:uest to please ensure compliance of the instructions contained in aforesaid three G&E& letters in letter L spirit& Effice #emorandum 3he under si*ned is directed to refer to 'stablishment GivisionHs G&E& letter of even number dated -B&-&-/// and E&# of even number dated -5&6&-/// on the above subject and to state that the competent authorit" has been pleased to direct that the follo in* time frame for periodical submission of lists of all disciplinar" cases and finali>ation of disciplinar" proceedin*s in process a*ainst accused officers under 0overnment Servants ('LG) 9ules, 1456 ma" kindl" be strictl" observed$-67

i) 3he upto date lists of all disciplinar" cases (initiated, pendin* and finalised) shall be sent on monthl" basis to the Foint Secretar" Giscipline 2in* of 'stablishment Givision on the specified proforma, before the 1/th of ever" month& ii) !ll the pendin* disciplinar" cases a*ainst *overnment servants here char*e sheets have been served should be finali>ed ithin a period of one month positivel"& iii) %n future it should be ensured b" the desi*nated authorities and authorised officers that a disciplinar" case initiated a*ainst a *overnment servant is finalised ithin a period of 4/ da"s ithout an" dela"&

-& !ll the SecretariesM!dditional Secretaries %nchar*e of #inistriesMGivisions and Chief Secretaries of the Provincial 0overnments are re:uested to kindl" circulate the above mentioned position for the information and strict compliance of all concerned :uarters& %t is further re:uested that an" *overnment servant found responsible for causin* unnecessar" dela" in finali>ation of disciplinar" proceedin*s ma" be pointed out and disciplinar" action a*ainst him initiated under relevant rules&
(!uthorit" Cabinet Sectt$ 'stab& Givn& %slamabad letter 1o&11M7M-///-G-%, Gated 15&.&-/// L SL0!G letter 1o&SE9%%(SL0!G)7(-4)-/// dated -?&.&-///)

Discip#in r9 procee"in2s (n"er Government Serv nts =E@D> R(#es* +,-. 2 inst cc(se" Government Serv nts/ F(rnis'in2 of c se m teri #. % am directed to refer to the subject noted above and to enclose here ith a cop" of d&o& letter 1o& 11M7M-///-G&%, dated .&7&-/// received from Foint Secretar" (GL,), Cabinet Secretariat, 'stablishment Givision, 0overnment of Pakistan %slamabad for *uidance and strict compliance& Effice #emorandum 3he undersi*ned is directed to state that instances have come to the notice of the 'stablishment Givision that the #iniseriesMGivisions and Provincial 0overnments hile for ardin* the cases for obtainin* the orders of the competent authorit" i&e& 'stablishment Secretar" under 9ule 7(1)(i) of the 0overnment Servants ('LG) 9ules, 1456 do not *enerall" observe the provisions of said rules, laid do n procedure and earlier instructions issued on the subject matter& %t has particularl" been observed that the copies of relevant documents and case material a*ainst the accused officers are not enclosed as anne(ure alon* ith the Summar"M1ote for the 'stablishment Secretar", dul" si*ned b" the respective authorised officers on the subject& -& !ll the SecretariesM!dditional Secretaries %nchar*e of #inistriesM Givisions and Chief

Secretaries of the Provincial 0overnments are re:uested to kindl" ensure that hile for ardin* the cases of KS-15 and above of Federal 0overnment Servants, for obtainin* the orders of the 'stablishment Secretar" under 9ule 7 (1)(i) of the 0overnment Servants ('LG) 9ules, 1456, follo in* information and copies of documents be enclosed alon* ith the Summar"M1ote$(i) %n case of the proposals for placin* KS-15 and above Federal 0overnment Servants under suspension, copies of all relevant documentsMcase material includin* bio data of the accused officer and copies of documents on the basis of hich suspension of the
-6B

officer is necessitated vi>& an" complaint or fact findin* in:uir"Mprobe etc& be provided& (ii) %n case of a re:uest for e(tension in suspension period of a 0overnment Servant under suspension or e(tension in forced leave period, on e(pir" of current sanction after three months, the present position of the disciplinar" case includin* the sta*e of in:uir" if it is in pro*ress, ma" invariabl" be stated in the said proposal& (iii) %n case of recommendation for reinstatement in service of a 0overnment Servant under suspension or termination of forced leave period, the copies of complete record of proceedin*s vi> char*e sheet alon* ith statement of alle*ations, sho cause notice if issued instead of char*e sheet, report of the %n:uir" Efficer and final orders of the !uthori>ed Efficer etc& be provided& 6& 3he above instructions ma" kindl" be communicated to all the concerned :uarters for *uidance and compliance in future&
(!uthorit" Cabinet Sectt$ 'stb$ Givn& %slamabad letter 1o&11M7M-///-G&1, dated .&7&-/// L SL0!G letter 1o&SE9&%%(SL0!G)7(-4)-///, dated -.&7&-///)

Discip#in r9 procee"in2s (n"er Government Serv nts =E@D> +,-. 2 inst Government Serv nts/ Strict o)serv nce of R(#es @ Proce"(re. % am directed to refer to the subject noted above and to enclose here ith a cop" of d&o letter 1o&11M7M-///-G&1, dated -.th #a", -/// received from Geput" Secretar" (G), Cabinet

Secretariat, 'stablishment Givision, 0overnment of Pakistan, %slamabad for *uidance and strict compliance& Effice #emorandum 3he undersi*ned is directed to refer to 'stablishment GivisionHs E&# of even number dated 15th !pril, -/// on the above subject and to state that all #inistriesM GivisionsM Provincial 0overnments a*ainst 0overnment Servants, here char*e sheets have been served, should be finali>ed ithin a period of one month positivel"& %t found responsible for causin* unnecessar" dela" in finali>ation of disciplinar" proceedin*s be pointed out and action a*ainst him be initiated under relevant rules& ! considerable time period has since passed and it has been noticed that the pendin* disciplinar" proceedin*s have not been finalised b" the respective %n:uir" Efficers and the !uthori>ed Efficers under 0overnment Servants ('LG) 9ules, 1456& -& 3he competent authorit" has taken a serious notice of the situation and has directed that strict instructions should a*ain be issued to all the %n:uir" Efficers for conductin* in:uir" proceedin*s on da" to da" basis and to finali>e them ithin ten da"s positivel"& %n case of failure of the %n:uir" Efficers to finalise the cases ith the specified period, their names and particulars ma" be provided to 'stablishment Givision for initiation of necessar" action a*ainst them& 6& !ll #inistriesMGivisionsMProvincial 0overnments are re:uested to ensure that the orders of the competent authorit" are implemented properl" and the compliance reports are re*ularl" furnished to 'stablishment Givision&
(!uthorit" Cabinet Sectt$ 'stb$ Givn& %slamabad letter 1o&11M7M-///-G&1, dated -.th #a", -/// and SL0!G letter 1o&SE9&%%(SL0!G)7(-4)-///, dated -&B&-///)
-65

ere re:uested to ensure that all pendin* disciplinar" cases

as further re:uested that an" *overnment Servant

Government Serv nts Appe # R(#es St t(tor9 provision

Section $$ of t'e N4FP Civi# Serv nts Act*+,-. Ri2't of Appe # or Represent tion/0 (1) 2here a ri*ht to prefer an appeal or appl" for revie in respect of an" order relatin* to the terms and conditions of his service is provided to a civil servant under an" rules applicable to him, such appeal or application shall, e(cept as ma" be other ise prescribed, be made order& (-) 2here no provision for appeal or revie e(ists under the rules in respect of an" order or class of orders, a civil servant a**rieved b" an" such order ma", thirt" da"s of the communication to him of such order, make a representation a*ainst it to the authorit" ne(t above the authorit" hich made the order$ Provided that no representation shall lie on matters relatin* to the determination of fitness of a person to hold a particular post or to be promoted to a hi*her post or *rade& T3E NORT3 4EST FRONTIER PROVINCE CIVIL SERVANTS
16/

ithin thirt" da"s of the date of such

ithin

=APPEAL> RULES*+,87.

1& S'ort tit#e* commencement n" pp#ic tion/0 (1) 3hese 9ules ma" be called the 1orth-2est Frontier Province Civil Servants (!ppeal) 9ules,14?B& (-) 3he" shall come into force at once and shall appl" to ever" person ho is a member of the civil service of the Province or is the holder of a civil post in connection ith the affairs of the Province and shall also appl" to or in relation to a person in temporar" emplo"ment in the civil service in connection ith the affairs of the Province& -& Definitions/0%n these rules, unless there is an"thin* repu*nant in the subject or conte(t; (a) )!ppellate !uthorit") means the officer or authorit" ne(t above the competent authorit"; (b) )Competent !uthorit") means the authorit" or authorised officer, as the case ma" be, as defined in the 1orth-2est Frontier Province 0overnment Servants ('fficienc" and Giscipline) 9ules,1456, or the authorit" competent to appoint

a civil servant under the rules applicable to him; and (c) )Penalt") means an" of the penalties specified in rule . of the 1orth-2est Frontier Province 0overnment Servants ('fficienc" and Giscipline) 9ules, 1456&
16/ Published

in the 12FP 0overnment 0a>ette, '(traordinar", dated -&B&14?B at Pa*es 1-4/-46

-6?

6& Ri2't of Appe #/0(1) ! civil servant a**rieved b" an order passed or penalt" imposed b" the competent authorit" relatin* to the terms and conditions of service ma", thirt" da"s from the date of communication of the order to him, prefer an appeal to the appellate authorit"$ Provided that here the order is made b" the 0overnment, there shall be no appeal but the civil servant ma" submit a revie petition$
161

ithin

Provided further that the appellate or the revie in* authorit", as the case ma" be,

ma" condone the dela" in preferrin* the appeal or the revie petition, if it is satisfied that the dela" as for the reasons be"ond the control of the appellant or that the earlier appeal or revie petition as not addressed to the correct authorit"& E1p# n tion/0For the purposes of the first proviso, the e(pression )appeal), here the conte(t so re:uires, shall mean the )revie petition) as ell& (-) 2here the order of the competent authorit" affects more than one civil servant, ever" affected civil servant shall prefer the appeal separatel"& (6) 2here the a**rieved civil servant has died, the appeal ma" be filed, or if alread" filed b" such civil servant before his death, ma" be pursued, b" his le*al heir or heirs; provided that the benefit likel" to accrue on the acceptance of such appeal is admissible to such le*al heir or heirs under an" rules for the time bein* applicable to civil servants& .& Form of Memor n"(m/0(1)'ver" memorandum of appeal shall(a) contain full name and address, official desi*nation and place of postin* of the appellant;

(b) state in brief the facts leadin* to the appeal; (c) be accompanied b" a certified cop" of the order appealed a*ainst and copies of all other documents on hich the appellant ishes to rel"& E1p# n tion/02here an a**rieved civil servant has died, his le*al heir or heirs, hile filin* the appeal or appl"in* for revie , as the case ma" be, shall also add documents in support of his or their relationship ith the deceased civil servant& (-) 3he appeal shall be submitted throu*h the 8ead of the office in hich the appellant is posted at the time of filin* the appeal, or in the case of a deceased civil servant, here he appeal to the competent authorit", if he himself is not such authorit" and the competent authorit" shall after addin* his o n comments, if an", transmit the appeal to the appellate authorit" for necessar" orders& (6) 1o appeal shall be entertained if it contains abusive, disrespectful or improper lan*ua*e&
161

as last posted before his death& 3he 8ead of the office shall for ard the

3he

second

proviso

of

sub-rule(1)

of

rule

substituted

b"

1otification

1o&SE9%%(SL0!G)6(.)M5?M<ol&%% dated 6&1-&14?4&

-64

7& Action )9 t'e ppe## te (t'orit9/0 (1)3he appellate authorit", after makin* such further in:uir" or callin* for such information or record or *ivin* the appellant an opportunit" of bein* heard, as it ma" consider necessar", shall determine(a) hether the facts on hich the order appealed a*ainst as based have been established; (b) hether the facts established afford sufficient *round for takin* action ; and (c) 2hether the penalt" is e(cessive, ade:uate or inade:uate and after such determination, shall confirm, set aside or pass such order as it thinks proper; provided that no order increasin* the penalt" shall be passed ithout *ivin* the appellant an opportunit" of sho in* cause as to h" such penalt" should not be increased&

(-) 3he competent authorit" a*ainst hose order an appeal is preferred under these rules shall *ive effect to an" order made b" the appellate authorit" and shall cause the order so passed to be communicated to the appellant ithout undue dela"& B& 4it''o#"in2 of ppe # in cert in c ses/0!n appeal be ithheld b" the competent authorit" if(a) %t is an appeal in hich no appeal lies under these rules; or (b) it does not compl" ith the re:uirements of rule .; or (c) it is not preferred ithin the time limit specified in sub-rule(1) of 9ule 6 and no reason is *iven for the dela"; or (d) it is addressed to an authorit" or officer to hom no appeal lies under these rules; Provided that in ever" case in hich an appeal is ithheld, the appellant shall be informed of the fact and reasons for it& Provided further that an appeal ithheld for failure to compl" ith the re:uirements of 9ule . or clause(d) of this sub-rule ma" be resubmitted on hich the appellant is informed of the properl" in accordance ith the re:uirements of these rules, shall be deemed to be an appeal under 9ule 6 and shall be dealt ith in accordance ith the provisions of these rules& (-) 1o appeal shall lie a*ainst the ithholdin* of an appeal under this rule& 5& Dispos # of ppe #/0(1)'ver" appeal hich is not ithheld under these rules shall be for arded to the appellate authorit" alon* ith the comments b" the competent authorit" from hose order the appeal is preferred& (-) ! list of appeals ithheld under 9ule B, ith reasons for ithholdin* them, shall be for arded :uarterl" b" the ithholdin* authorit" to the appellate authorit"& ithholdin* of the appeal and, if resubmitted ithin thirt" da"s of the date

-./

(6) 3he appellate authorit" ma" call for an" appeal admissible under these rules hich has been it considers fit& ?& S vin2s/01othin* in these rules shall operate to deprive an" person of an" ri*ht of appeal passed before the" came into force& 4& Pen"in2 ppe #s/0!ll appeals pendin* immediatel" before the comin* into force of these rules shall be deemed to be appeals under these rules& 1/. Repe #/03he 1orth-2est Frontier Province Civil Services (Punishment and !ppeal) 9ules,14.6, are hereb" repealed& Determin tion of t'e TAppe## te A(t'orit9U in terms of t'e Civi# Serv nts=Appe #> R(#es*+,--. %t has been observed that #inistriesMGivisionsMGepartments do not *enerall" follo the prescribed procedure re*ardin* submission of appealsM petitions to the 'stablishment Givision, for obtainin* orders of the Prime #inister or the President, as the case ma" be in terms of Civil Servants (!ppeal) 9ules, 1455 read Kusiness,1457& %n number of cases the appealsMpetitions processed b" the respective #inistriesMGivisions etc& have been found to have not been addressed to the proper appellate authorit"& %n such a case, to avoid dela", the receivin* authorit", should inform the appellant to re-submit the same dul" addressed to the proper appellate !uthorit" to be indicated as re:uired under 9ule 5 of the said rules& 3he case relatin* to an appeal should invariabl" be submitted to the 'stablishment Givision in the form of a Summar" titled as ithhold the appeal and simultaneousl" ith 9ule 17-! of 9ules of hich he ould have if these rules had not been made, in respect of an" orders ithheld b" the competent authorit" and ma" pass such order thereon as

)Summar" for the Prime #inister) seekin* orders of the President an !ppellate !uthorit" alon* ith the appeal (in ori*inal) *iven in ju(ta-position in the form of a statement as indicated overleaf&

here the President is

ith para ise comments to be

-& %n this connection, it ma" be pointed out that an appeal from a civil servant in KPS-15 and above a*ainst imposition of an" minor penalt", as prescribed in 9ule .(i)(b) of 0overnment Servants('LG) 9ules,1456, b" an authorised Efficer or a major penalt" b" the authorit" i&e& the Prime #inister under 9ule .(1)(a) shall lie to the President, in his capacit" as the appellate authorit", and shall be processed in accordance 9ules of Kusiness, 1456& 6& !ll #inistriesMGivisionsMProvincial 0overnments are re:uested to brin* the said position to the notice of all concerned for their information and *uidance&
(!uthorit"$'stablishment Givision E&# 1o&7M.M4.-9evMG&6, dated 15&6&1445 circulated b" 12FP 0overnment letter 1o&SE9%%(SL0!G)7(-5)54, dated 4&7&1445)
-.1

ith 9ule 17-! of the

Anon9mo(s Comp# intsCLetters Dispos # of EnE(ir9 c ses ) se" on non9mo(sC Pse("on9mo(s comp# ints. 3he follo in* instructions ma" be follo ed durin* disposal of anon"mous communications/0 1& !non"mous communications must invariabl" be filed on their receipt& 1o action of an" kind is to be taken on them and no notice of an" kind is to be taken on their contents& %f the communication is found to be pseudon"mous it (and an" previous notes etc& connected ith it) must similarl" be filed& -& %t is ho ever reco*ni>ed that there ma" be e(ceptional cases, hen anon"mousM pseudon"mous communication contain alle*ations of a specific nature havin* a rin* of truth, then these ma" be in:uired into onl" after obtainin* the orders of !dministrative SecretariesM8ead of !ttached

GepartmentM CommissionersM Geput" Commissioners, as the case ma" be& 6& ,ocal heads of Police officers in the Gistricts can also e(ercise discretion to order en:uiries into anon"mous and pseudon"mous petition on the analo*" of Geput" Commissioners in their respective jurisdictions& Since the Geput" Commissioner is the 0eneral !dministrative head of the Gistrict, his orders should be obtained b" the concerned head of office under his administrative control if he ants to take action on an" anon"mous petition& .& !non"mous petitions or letters should normall" be filed e(cept hen definite alle*ations are made and concrete instances *iven& 7& %n complaint a*ainst a civil servant, the petitioner should be asked to furnish an affidavit to the effect that all facts stated in his complaint are true and if his affidavit is proved false, he ould be prepared to face le*al action hich could be taken a*ainst him& B& Complaints received throu*h anon"mousMpseudon"mous source should be i*nored& 5& !ntecedents and credentials of a complaint should be verified before an in:uir" is instituted a*ainst the officials concerned& ?& 1e s papers publishin* alle*ations, hich are proved to be baseless, should be dealt ith accordin* to the la & %t is re:uested that strict observance of the above instructions ma" be ensured at all levels&
(!uthorit"$-SL0!G=s letter 1o&SE9%%(SL0!G)7(-4)M45-%%, dated --&5&144?)
-.-

Dispos # of non9mo(sCpse("on9mo(s comp# ints. % am directed to invite attention to this Gepartment circular letter of even number dated --&5&4?, herein detailed instructions ith re*ard to the disposal of anon"mousM pseudon"mous complaints had been issued& %t has been observed that the aforesaid instructions are either not bein* follo ed or have been lost si*ht of as anon"mousM pseudon"mous complaints are still bein* received baseless resultin* in of the asta*e of time and ener*" of the 0overnment functionaries and stationer" hich on investi*ation, are found

0overnment hich could usefull" be utilised in pursuits of public interest& -& % am, therefore, directed to re:uest once a*ain that anon"mousMpseudon"mous lettersM complaints should not be entertained in an" 0overnment GepartmentMoffice in future& 6& 3he above instructions ma" kindl" be brou*ht to the notice of all concerned and noted for strict compliance&
(!uthorit" SL0!G letter 1E&SE9%%(SL0!G)7(-4)45 <ol-%%, dated 17&11&1444)

Con"(ctin2 of InE(iries into comp# ints. % am directed to refer to the subject noted above and to state that in a case of in:uir" pertainin* to !*enc" 8ead:uarters 8ospital, ,andikotal, the Chief Secretar" 12FP as pleased to observe that in ver" rare cases an"bod" responsible ould admit a mistake or a fault& %t has therefore been desired that hile dealin* ith such complaints the officer conductin* a particular en:uir" should be a little more discernin*, other ise the entire e(ercise as a noose around their neck& 3he idea of conductin* in:uiries into the alle*ed malpractices is simpl" to see in ardl" and reformMcorrect the situation herever an"thin* *oes ron*& %n all cases so far referred to the Gepartments, the char*es leveled a*ainst individual officers are denied and no case has been reported in hich corrective action as taken& %n vie of the position e(plained above, the instructions of the Competent !uthorit" as mentioned above ma" please be noted for strict compliance& 3hese instructions ma" also be circulated amon*st the attached departments and sub-ordinate offices for similar action&
(!uthorit" SL0!G letter 1o&SE(Coord)MP#CMSL0!GM1-1M44M?76-47 dated -&6&-///)
-.6

ould become meanin*less& 3he Gepartments should not treat ever" complaint

Nort'04est Frontier Province Anti0corr(ption Est )#is'ment r(#es* +,,,. %n e(ercise of the po ers conferred b" section B of the 2est Pakistan !nti-Corruption Erdinance, 14B1 (2&P&Erd&;; of 14B1), and in supersession of the 2est Pakistan !nti-

Corruption 'stablishment 9ules, 14B7, the 0overnor of the 1orth-2est Frontier Province is pleased to make the follo in* rules, namel"$1. S'ort tit#e n" commencement/0 3hese rules ma" be called the 1orth 2est Frontier Province !nti-corruption 'stablishment 9ules, 1444& (-) 3he" shall come into force at once& -& Definitions/0 (1) %n these rules, unless the subject or conte(t other ise re:uires, the follo in* e(pressions shall have the meanin*s hereb" respectivel" assi*ned to them, that is to sa"$(a) C!ctD means the Prevention of Corruption !ct, 14.5 (!ct 1o&%% of 14.5); (b) C!ssistant GirectorD means an officer in char*e of !nti-Corruption 'stablishment in a Givision; (c) CChief Secretar"D means the Chief Secretar" to the 0overnment of 1orth 2est Frontier Province; (d) CCircle EfficerD means the officer inchar*e of the !nti-Corruption circle in a Gistrict; (e) CCompetent !uthorit"D means the authorit" competent to accord permission to hold an en:uir", to order re*istration of a criminal case, permit submission of a challan to court, drop the case after investi*ation and decide departmental action under the rules; (f) CGirectorD means the Girector of the 'stablishment; (*) C'stablishmentD means the !nti-corruption 'stablishment of the 1orth-2est Frontier Province; (h) C0overnmentD means the 0overnment of the 1orth-2est Frontier Province; (i) C8ead of !ttached GepartmentD means an officer inchar*e of the Gepartment declared as such b" 0overnment; and (j) CErdinanceD means the !nti-Corruption 'stablishment Erdinance, 14B1(2&P&Erd&1o&;; of 14B1); and (-) 3he e(pressions used but not defined in these rules shall have the same meanin*s as respectivel" assi*ned to them in the !ct and the Erdinance&

-..

6& Pre#imin r9COpen enE(iries 2 inst P()#ic Serv nts& (1) Preliminar" in:uiries and investi*ations a*ainst public servants shall be initiated b" the 'stablishment on complaints received from *overnment, 8ead of Gepartments or other reliable sources& (-) 3he Girector shall initiate preliminar"Mopen en:uiries in order to ascertain the identit" of the complaint or informer and *enuineness of the complainant or information& (6) %t shall be incumbent on the 8ead of concerned GepartmentMEffice to provide the relevant record re:uired in connection ith en:uiriesM investi*ations as soon as a re:uest is made b" the 'stablishment& Provided the en:uir" a*ainst the Commissioners of Givisions, Secretaries to the Provincial 0overnment, 8ead of !ttached Gepartments and other officers in KPS14 and above shall be initiated b" the Girector ith prior permission of the Chief Secretar"& .& Re2istr tion of c sesC rrest of cc(se"& (1) Criminal cases shall be re*istered b" the 'stablishment under the Prevention of Corruption !ct 14.5 and under such sections of Pakistan Penal Code, as have been set forth in the Schedule to the Erdinance& (-) Criminal cases shall be re*istered a*ainst accused public servants under the ritten orders of the officers mentioned belo $(a) Public Servants in KPS-1? L belo - Girector (b) Public Servants in KPS-14 L above - Chief Secretar" Provided that for Public Servants in KPS-14 and above, the Chief Secretar", before accordin* permission, ma", in his discretion, *et the case e(amined b" a Fudicial Efficer speciall" appointed in the SL0!G for the purpose& Provided further that no prior permission shall be re:uired for re*istration of a case a*ainst a public servant cau*ht as a result of a trap arran*ed b" the 'stablishment under the supervision of a #a*istrate, in the act of committin* an offence specified in the schedule to

the Erdinance& %n such a case, a report shall immediatel" be made to the Chief Secretar", the !dministrative Secretar" and immediate superior of the public servant concerned if he is in KPS-1B and above, and to the appointin* authorit" and immediate superior officer if the public servant is in KPS-17 and belo & (6) %f the competent authorit" under sub rule (-) above decides not to re*ister a case, he shall record reasons therefor& (.) 2hile makin* a re:uest for re*istration of a case a*ainst the accused public servant, a simultaneous re:uest ma" be made b" the 'stablishment to the authorities specified belo if the arrest is so re:uired durin* the investi*ation$-.7

(a) Public Servants upto KPS-1B - Girector (b) Public Servants in PKS-15 L above - Chief Secretar" Provided that no prior permission shall be necessar" for the arrest of a public servant cau*ht as a result of a trap as mentioned in the last proviso to sub-rule(-) of 9ule-.& 7& Informin2 A"ministr tive Dep rtment re2 r"in2 re2istr tion of c se n" rrest. !s soon as ma" be, after re*istration of a case a*ainst a public servant, the 'stablishment shall inform the !dministrative Secretar" and immediate superior of the public servant involved if he is in KPS-1B or above, and the appointin* authorit" and immediate superior in case of a public servant in KPS-17 and belo , *ivin* a *ist of alle*ations upon hich the case has been re*istered& 3he said authorities shall also be informed immediatel" after the arrest of the accused public servant& B& Time #imit for comp#etion of pre#imin r9Copen enE(iries n" investi2 tions. Preliminar"Mopen en:uiries and investi*ation of the case shall be completed ithin one month and t o months respectivel"& Provided that the aforementioned time limit ma" be e(tended b" the competent authorit" as mentioned belo if reasonable *rounds e(ist for such e(tension$-

(a) Public Servants in KPS-1? L belo - Girector (b) Public Servants in KPS-14 L above - Chief Secretar" 5& Tr ps/0 %n all cases of raids, the Geput" Commissioner or, in his absence, the !dditional Geput" Commissioner of the Gistrict, if an", shall, on approach b" the officer of the 'stablishment posted in the GistrictM!*enc", depute a ma*istrate for supervisin* the raid& ?& Permission for s()mission of c' ## n* recommen"in2 "ep rtment # ction n" "rop of t'e c se. (1) En completion of investi*ation, the authorities indicated belo ma" accord permission for submission of challan to the Court$(a) Girector in cases in hich public servants upto KPS-15 are involved& (b) Chief Secretar" in cases in hich officers in KPS-1? and above are involved& (-) %f, after, investi*ation, it is found that prosecution is not called for but sufficient material is available on record for departmental action, the 'stablishment shall move the departmental authorities for departmental proceedin*s under the 12FP 0overnment Servants ('fficienc" and Giscipline) 9ules, 1456& (6) En completion of investi*ation, if alle*ations are not established the case shall be dropped and an intimation to this effect shall be sent to the authorities mentioned in sub-rule(-) of 9ule-.
-.B

(.) 3he authorities mentioned in sub-rule (1) above shall decide droppin* of cases or departmental action& (7) !fter a decision to take departmental action has been made under the fore*oin* subrule, the competent authorit" shall initiate departmental proceedin*s a*ainst the accused public servant& (B) Copies of final report and summaries of dropped cases shall not be supplied ithout permission of the Girector& (5) 2hen a decision to hold departmental en:uir" a*ainst a public servant is taken, the 'stablishment shall provide facts of the case, statement of alle*ations, list of

itnesses and documents, if an", to the !uthorit"M !uthorised Efficer prescribed under the 12FP 0overnment Servants ('fficienc" LGiscipline) 9ules, 1456& (?) !s soon as the proceedin*s under the 12FP 0overnment Servants ('fficienc" L Giscipline) 9ules, 1456 are completed and final orders have been passed b" the !uthorised Efficer or the !uthorit", as the case ma" be, result of the same shall be intimated to the 'stablishment alon* ith copies of such orders and the report of the %n:uir" Efficer for completion of record& 4& 4'ere Senior P()#ic Serv nt re invo#ve" #on2:it' <(nior P()#ic Serv nts. For the purpose of initiation of preliminar"Mopen en:uiries, re*istration of cases, droppin* the cases after investi*ation, or referrin* the same for departmental action, or takin* a decision ith re*ard to prosecution, if more than one public servant are involved, the competent authorit" for these decisions shall be the one servants in the hi*hest KPS& 1/& Po#ice St tion of Est )#is'ment, Cases shall be re*istered b" the 'stablishment at the Police Station of the 'stablishment havin* the jurisdiction& 11& App#ic tion of Po#ice R(#es& 3he 'stablishment shall, as far as ma" be, follo the provisions of Police 9ules 146. in the investi*ation and en:uir" of offences specified in the Schedule to the Erdinance& Provided that a reference to the Gistrict #a*istrate under 9ule 1B&6? of the said Police 9ules for initiatin* proceedin*s, departmental or judicial, a*ainst an" Police Efficer shall not be necessar"& 1-& S(o0Moto E1 min tion. (1) 3he Girector ma" suo-moto or other ise call for the record of an" caseMen:uir" pendin* investi*ation ith the 'stablishment, e(amine it and *ive such direction as ma" be necessar" for the speed", fair and just disposal of the same&
-.5

hich is in case of public

(-) 3he Chief Secretar" ma" suo-moto or other ise call for the record of an" case or en:uir", for the purpose of satisf"in* himself as to the correctness or propriet" of decision taken under clause (a) of sub-rule (1) of 9ule-? and ma" pass such orders as deemed appropriate& 16& Pen"in2 enE(iries n" investi2 tions& 3he pendin* en:uiries and investi*ation of cases under the 2est Pakistan !ntiCorruption 'stablishment 9ules 14B7, shall be processed further under these rules, from the sta*e up to hich the" have been completed under the previous rules&
(!uthorit" SL0!G letter 1o& SES-%%%(SL0!G).(B)M4? dated 17&1-&1444)

Recover9 of #osses from Government OfficersC Offici #s on reports of Anti0Corr(ption Est )#is'mentC on "irections of P()#ic Acco(nt Committee. % am directed to refer to the subject and to state that the competent authorit" has been pleased to order the recover" of losses caused to 0overnment from the accused officersM officials [ ithout *oin* throu*h the process of initiatin* action under the 'fficienc" and Giscipline 9ules& '(perience sho s that judicial cases filed b" the !nti-Corruption 'stablishment seldom succeed in the trial courts& %n this conte(t, it ma" be stated that recover" from accused officers in certain cases have been effected b" some 2orks Gepartment of the Provincial 0overnment& -& 3he competent authorit" has further been pleased to direct that recoveries in all cases should be materialised ur*entl" includin* P&!&C cases& 3he recoveries so materialised should be reported separatel" on monthl" basis and this should also be hi*hli*hted in the press& 6& % am therefore directed to re:uest "ou to take immediate necessar" action to implement the above directions of the Provincial 0overnment in letter and spirit&
(!uthorit" SL0!G letter 1o&SE9-%%(SL0!G)7(-4)M45 dated 6/&4&4?)
-.?

MISC/ INSTRUCTIONS Prompt "ispos # of Offici # ;(siness. % am directed to refer to the subject noted above and to state that the Chief #inister, 12FP has e(pressed his displeasure over undue dela"s in disposal of official business in

almost all the 0overnment Gepartments of the Provincial 0overnment& %t is pointed out that 0overnment functionaries do not follo the prescribed procedure and take thin*s li*htl", hich creates numerous problems not onl" for the *eneral public but also brin*s bad name to the 0overnment& -& 1eedless to add that detailed instructions under !ppendi(-%% para-5(c), read ith paras-155 L 1?/ of the #anual of Secretariat %nstructions have been issued for prompt disposal of 0overnment business& 8o ever, these *uidelines are bein* violated and no co*ni>ance is bein* taken b" the head of the Gepartments& 3he delin:uent officersMofficials are re:uired to be compelled to ensure that official ork is done e(peditiousl" and in the manner prescribed b" the 0overnment& 6& % am, therefore, directed to re:uest "ou to kindl" brin* these instructions to the notice of all concerned orkin* under "our administrative control for strict compliance&
(!uthorit" SL0!G ,etter 1o& SE9-%%(SL0!G)7(-4) dated 6&.&44)

Prompt n" efficient "ispos # of Government ;(siness Eur efforts to achieve :ualit" and poor-friendl" *overnance hin*e on achievements of efficienc" in the processin* of official business, prompt and sa*acious decision-makin* and the meanin*ful implementation of the decisions at the operational level for the benefit of the *eneral public& -& 3he 12FP 0overnment 9ules of Kusiness, 14?7 provide a proficient instrument for achievin* that purpose& 3herefore, the channels of communication envisioned in the 9ules of Kusiness, hich have been emphasi>ed time and a*ain, need to be strictl" follo ed& 6& 3he follo in* procedure ma" for that reason be strictl" adhered to$a& !ll casesMsummaries re:uirin* consultation ith the Finance Gepartment in accordance ith 9ule 11 of the 9ules of Kusiness ma" be sent to the Finance Gepartment for addin* their vie s before these are submitted to

the Chief Secretar"Hs office& %n turn the Finance Gepartment ill ensure that no such case is kept in the Gepartment for a period more than 5 orkin* da"s, and shall promptl" be submitted to the Chief Secretar"Hs office ith concise and clear vie s& b& Similarl", casesMsummaries re:uirin* consultation ith the ,a Gepartment in accordance ith 9ule 1- of the 9ules of Kusiness ma" be sent to the ,a Gepartment for addin* their vie s before these are submitted to the Chief Secretar"Hs office& 3he ,a Gepartment ill thereafter ensure that no such case is kept in the Gepartment for a period
-.4

more than 5 orkin* da"s, and is promptl" submitted to Chief Secretar"Hs office ith concise and clear vie s& 9eferences here vettin* of the ,a Gepartment of a le*al instrument, !ct, Erdinance, Service 9ules and M or 1otification is re:uired, shall not be dela"ed for a period of more than 17 orkin* da"s& c& Furthermore, all !dministrative Gepartments shall ensure that reference sent to them from the hi*her authorities are re-submitted, or disposed of, ithin a fortni*ht and the same time line is adopted in their respective Girectorates& d& %n cases of postin*Mtransfer from and to F!3!, the Gepartments ould invariabl" propose a substitute ho should *ive his arrival in F!3! first& Files containin* such proposals should first be sent to the !CS F!3! for addin* his vie s before these are submitted to Chief Secretar"Hs office& e& %n issues here meetin*s have been held, the minutes of the meetin* shall invariabl" be issued ithin - orkin* da"s of the meetin* ith clear directions to all concerned for implementation of various decisions& .& 3he above procedure ould re:uire constant efforts from the !dministrative Secretaries& %n case of dela" due to e(tenuatin* circumstances, an e(planator" para e(plainin* these ma" be added on submission of the case&
( !uthorit"; 1o&PSMCS 12FPM-//4M5/-45, dated /6&.&-//4)

Reference to t'e L : Dep rtment for vettin2.

% am directed to refer to the subject noted above and to state that instructions ere issued from time to time, la"in* do n the modulation to be follo ed b" the !dministrative Gepartments hile makin* references to the ,a Gepartment& %n particular, attention is invited to the memorandum 1o&,e*is$1B (-1)MBBM-.6/ dated the -/th !pril, 14BB, issued b" the ,a Gepartment of the former 0overnment of 2est Pakistan& -& %t appears that the !dministrative Gepartments have lost si*ht of the said memorandum, as a result in total disre*ard of the re:uirements laid do n therein& 6& For the convenience of the !dministrative Gepartments, the re:uirements, hich are to be complied Gepartment, are once a*ain reproduced belo $ a) 3he references should be made to the ,a Gepartment after consultin* all the Gepartments concerned& b) 3he draft for vettin* must be neatl" t"ped& c) 3he draft must be accompanied b" a self-contained note$-7/

hereof the references are bein* made to the ,a

Gepartment

ith b" them before referrin* the cases for vettin* to the ,a

i) e(plainin* in detail the circumstances necessitatin* the proposed action; ii) statin* clearl" that all Gepartments concerned have been consulted and that the" a*ree to the proposed action or that no Gepartment is concerned in the matter; and iii) statin* that all the prescribed formalities have been follo ed& d) Koth the note and the draft for vettin* must be seen b" the head of the !dministrative Gepartment& e) !dmn$ Gepartment must furnish an e(tra cop" of both the note and each of the drafts re:uired to be vetted, dul" t"ped in double space& f) +ptodate copies of the rules, re*ulations, b"ela s etc& hich are proposed to be amended or under hich the notifications, orders, etc& are proposed to be issued,

should in each case be furnished b" the !dmn$ Gepartment& .& 9eferences received in the ,a Gepartment hich do not compl" ith the above re:uirements, shall not be entertained&
(!uthorit" ,a Geptt ,etter 1o&,e*is$.(5)M51-%<M5?B dated 15&-&-/// L SL0!G 'ndst$ 1o&SE9-%%%(SL0!G)--B/M4?, dated -6&-&-///)
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N4FP Government R(#es of ;(siness* +,86 Q S()mission of s(mm ries to t'e Governor* N4FP n" C'ief Secret r9* N4FP % am directed to refer to the subject cited above and to sa" that 9ules ? L 4 of the 12FP 0overnment 9ules of Kusiness, 14?7 inter-alia provide as under$9ule ?(1) 2hen the subject of a case concerns more than one Gepartment$ (a) the Gepartment inchar*e shall be responsible for consultin* the other Gepartments concerned; and (b) no orders shall issue, nor shall the case ordinaril" be submitted to the Chief #inister or the Cabinet until it has been considered b" all the Gepartments concerned and the" a*ree to it& 9ule 4(6) 3he Services and 0eneral !dministration Gepartment shall be responsible for [ (a) the determination of the principles of control of 0overnment servants, includin* recruitment, conditions of service and discipline; (b) the coordination of the polic" of all Gepartments ith respect to secure consistenc" of treatment; (c) securin* to all 0overnment servants the ri*hts and privile*es conferred on them b" or under an" la for the time bein* in force& -& %t has, ho ever, been noticed that the above-mentioned provisions of the 12FP 0overnment 9ules of Kusiness, 14?7 are not bein* observed& 3he Summaries involvin* service matters are bein* submitted to the 0overnor 12FPMChief Secretar", 12FP ithout routin* throu*h Services L 0eneral !dmn& Gepartment as provided in the rules& 6& % am, therefore, directed to re:uest "ou that in future all Summaries involvin* terms and conditions of services and discipline etc& should be routed throu*h Services and 0eneral

!dmn& Gepartment&
(!uthorit" SL0!G letter 1o&SE(EL#)SL0!GM6-6M4B <ol&%< dated -4&1-&44)

N4FP Government R(#es of ;(siness* +,86 0 S()mission of s(mm ries to t'e Governor* N4FP n" C'ief Secret r9* N4FP. % am directed to refer to the subject cited above and to invite attention to this GepartmentHs Circular letter 1o&SE(EL#)SL0!GM6-6M4B, dated -4&1-&44 as re:uested that the provisions of 9ules ? L 4 of the 12FP 0overnment 9ules of Kusiness, 14?7 should be observed b" the !dministrative Gepartments and the Summaries involvin* service matters should not be submitted to the 0overnor, 12FPMChief Secretar", 12FP ithout routin* throu*h SL0!G as provided under the rules&
-7-

herein it

-& %t has, ho ever, been observed b" the 0overnorHs Secretariat that the !dministrative Secretaries use to send Summaries direct to the Chief Secretar", 12FPM0overnor, 12FP even in cases here consultation amon* other Gepartments is necessar" as re:uired under 9ule-? of the 12FP 0overnment 9ules of Kusiness, 14?7& 6& %n the ake of above, % am directed to state that 9ules ? L 4 of the 12FP 0overnment 9ules of Kusiness, 14?7 should be follo ed strictl" and vie of the Gepartments concerned should invariabl" be incorporated in the Summaries to be submitted to the Chief Secretar", 12FPM0overnor, 12FP as re:uired under the above rules&
(!uthorit" SL0!G letter 1o&SE(EL#) SL0!GM1/-BM44 dated 16&1&-///)

S()mission of S(mm ries to t'e Governor* N4FP @ C'ief Secret r9* N4FP Further to our letter 1o&SE(EL#)SL0!G&1/-BM44, dated 16 Fanuar" -/// and in order to streamline the subject matter and to obviate the chances of temperin* ith the contents of the cases and orders of various authorities at different level, it has further been

directed that the follo in* instructions must also be observed b" all concerned re*ard to submission of summariesM KriefsM1otes to the competent authorities$i) !ll pa*es of the Summar"MKriefM1ote should be si*ned at bottom of the left mar*in of the paper b" the initiatin* authorit"; ii) 3hree to four additional blank pa*es both to the Summar" as ell as 1ote part be added and subject of the case should be t"ped on top of each blank pa*e and be dul" si*ned at bottom of the left mar*in b" the initiatin* authorit" of the Summar"MKriefM1ote& iii) !ll papers attached to the Summar" etc should be indicated b" proper and neat fla*s, hich should either be printed or t"ped& -& % am to re:uest that the above instructions ma" be implemented in letter and spirit&
(!uthorit" SL0!G ,etter 1o&SE(EL#)SL0!GM1/-BM-/// dated ?&-&-///)

ith

S()mission of c ses to t'e Governor N4FP. % am directed to refer to the subject noted above and to state that sub-rule (4) of 9ule 7 of the 12FP 0overnment 9ules of Kusiness, 14?7 provides that the #inisters shall submit cases to the 0overnor as re:uired b" the provision of 9ule 6B of the aforesaid rules& !s per practice in vo*ue the summaries in accordance to the 0overnor b" the !dministrative Secretaries b" follo in* the channel throu*h their respective Provincial #inister and Chief Secretar"& !fter obtainin* order of the competent authorit", these summaries (cases) are directl" marked to the !dministrative Secretaries for ease of :uick implementation of orders ithout routin* these a*ain throu*h respective Provincial #inisters& %n the process, the #inister %nchar*e remain out of picture about the ordersMdecisions taken b" the competent authorit"& %t is, therefore, imperative that
-76

ith 9ule 6B of above rules are submitted

decisionsMorders passed b" the competent authorit" must come to the notice of the #inister

%nchar*e immediatel" after its receipt in the Gepartment& -& %t has therefore been decided b" the competent authorit" that immediatel" after the return of the summar" (case) from the competent authorit", the !dministrative Secretar" concerned must inform the #inister %nchar*e ith re*ard to the decisionMorders passed b" the competent authorit" ithout fail&
(!uthorit" SL0!G letter 1o&SEC(SL0!G)M44M#iscM.-61M<ol-%%%M-/// dated 1?&1&-///)
-7.

A"option of proper proce"(re for s()mission of s(mm ries To GovernorCC'ief Minister* N4FP % am directed to refer to the subject noted above and to state that it has been observed that the proper procedures re*ardin* submission of summaries to the 0overnor, 12FP and Mor Chief #inister, 12FP as laid do n under the 12FP 0ovt& 9ules of Kusiness, 14?7 read ith the relevant provisions of the 12FP #anual of Secretariat %nstructions, -//? are not bein* observed& -& Cases mandatoril" re:uired to be submitted to the 0overnor, 12FP and to the Chief #inister, 12FP and other mattersMissues of polic" si*nificance or matters of importance for the province or effectin* an" of its interests etc, are re:uired to be submitted throu*h summaries& 1o other form such as 1ote or Krief or Concept Paper etc, is allo ed to be adopted 3he same is the case in so far as submission of cases to the Provincial Cabinet is concerned& 6& ! case submitted to the 0overnor, 12FP, the Chief #inister, 12FP and the Provincial Cabinet for their orders is re:uired to include a self-contained summar" statin* the relevant facts and the points for decision& 3he summar" shall include the specific recommendations of the #inister-in-Char*e, and shall be accompanied b" a draft communication herever re:uired and appropriate& .& Similarl", a case re:uired to be submitted to the 0overnor throu*h Chief hile submittin* cases to the 0overnor, 12FP or Chief #inister, 12FP&

#inister for his order shall include a self-contained summar" statin* the relevant facts and the points for decision& 3he summar" shall be entitled )Summar" for Chief #inister) and contain the specific advice or recommendations of the Chief #inister alon* separate para*raph to the effect that the case re:uires approval of the 0overnor& 7& 9ules 7(4) to 7(11) of the 12FP 0ovt& 9ules of Kusiness, 14?7 indicate the route relatin* to the submission of these cases to the Chief #inister and 0overnor, 12FP& Summaries shall be initiated b" the Secretaries of the Provincial Gepartments& Summaries cannot be submitted b" an" official other than the Secretar" of a Gepartment& 8eads of !ttached Gepartments, !utonomous Kodies, !uthorities, +niversities, Commissions, 3ribunals and Courts cannot submit such summaries& 3he Secretar" of the Gepartment shall after obtainin* the vie s of the #inister %nchar*e submit the case to the 0overnor, 12FP or Chief #inister, 12FP throu*h the Chief Secretar", 12FP& B& Kefore submittin* a summar" the concerned Secretar" of an !dministrative Gepartment is bound to obtain the vie s of the Finance Secretar"MFinance Gepartment here the case involves financial implications, the 'stablishment Gepartment here issues concernin* service matters are involved and the ,a an" le*al issue or an issue re:uirin* le*al adviceMvie s or involvin* an" matter pertainin* to protection or pursuit of the le*al interests of the Province or impleaded or is re:uired to act as a petitionerMsuer in a le*al case& Kesides these, vie s of other Gepartments, ho are in an" a" related, concerned, effected or hose interest ma" be effected b" an" decision or hose vie s are essential for arrivin* at a decision, shall be obtained b" the Secretar" concerned ho is movin* a summar"& 5& %f there is an" doubt as to hich Gepartment a case properl" pertains, the here the Province is Gepartment here a case involves ith a

matter shall be referred to the Chief Secretar", 12FP re:uired he ma" obtain the orders of the Chief #inister, 12FP&
-77

ho shall decide the matter& %f

?& 'stablishment Gepartment letter 1o& SE(EL#)'L!GM6-7M-//1 (0G), dated 1.-/4--//1 contains further relevant instructions hich are *iven belo $a& 3he !dministrative Secretar" concerned shall put up a summar" to the respective #inister, containin* considered vie s of the Gepartment& b& 3he #inister ma" or ma" not a*ree ith the vie sM recommendations of the !dministrative Gepartment& c& %n either case, the #inister ill record his observations and for ard the summar" to the Chief Secretar"& d& Similarl", the Chief Secretar" ill for ard the summar" to the 0overnorMChief #inister, 12FP ith his observations, if an"& 4& !fter the 0overnor, 12FP or Chief #inister, 12FP have passed their orders on a summar", the Secretar" to the 0overnor, 12FP andMor the Principal Secretar" to the Chief #inister, 12FP shall mark the summar" back to the Chief Secretar", 12FP ill send it to the Secretar"MSecretaries concerned for further necessar" action, compliance and implementation& 1/& Gespite e(istence of these statutor" provisions in the 12FP 0ovt& 9ules of Kusiness, 14?7, the #anual of Secretariat %nstructions, -//? and other allied instructions, man" cases are comin* to li*ht not strictl" adherin* to them& %t must be reali>ed that these are not onl" le*all" bindin* re:uirements redtapism as ell as effects the :ualit" of decision-makin*& 11& %t has been decided that in future an" summar" submitted ithout observin* hose violation amounts to CmisconductD but also unnecessaril" results in here !dministrative Secretaries and other officials are ho

these statutor" re:uirements shall be returned to the !dministrative Gepartment concerned for submission of casesMsummaries strictl" in accordance ith the 9ules and 9e*ulations&
(!uthorit"$ 1o& SE (EL#)'L!GM--1M-//?, Gated 6/th #a", -//?)

Correspon"enceC(se of priorit9 # )e#s. % am directed to refer to the subject cited above and to sa" that Paras 157, 155 and 1?/ of the #anual of Secretariat %nstructions, inter-alia provide as under$Para-157$ +se of priorit" labels$- 3he use of priorit" labels shall be restricted to cases here the" are absolutel" necessar"& +tmost care should be e(ercised in the *radation of references and priorit" labels must not be used indiscriminatel"& Para-155$ 3reatment of priorit" cases$- Cases re:uirin* instant attention, to the e(clusion of all other ork hich an officer ma" be doin* at the time, should be labeled C%##'G%!3'DVV& C%##'G%!3'D label should be used most sparin*l"& Para-1?/$ Cases re:uirin* attention ithin .? hours of submission shall be labeled C+90'13D
-7B

-& %t has, ho ever, been noticed b" the 0overnorHs Secretariat that the above-mentioned provisions of the #anual of Secretariat %nstructions are not bein* observed hile correct prioriti>ation of cases in the Gepartments is ver" important for effective and efficient runnin* of official business& 6& %t has further been observed that this aspect is not bein* paid proper attention and official filesMcases are unnecessaril" labeled as I%##'G%!3'H and sometimes I#ES3 %##'G%!3'H irrespective of the procedure as laid do n in the #anual of Secretariat %nstructions& !s a result of the indiscriminate use of such labelin*, it becomes rather hard to comprehend because the issue needs to be attended to Cri*ht no D& 3herefore, the use of Imost immediateH should be discontinued as there is no mention of the label I#ES3 %##'%G!3'H in the use of priorit" ord IimmediateH is alread" a superlative i&e indicatin* that an

labels in the 12FP #anual of Secretariat %nstructions& .& % am, therefore, directed to re:uest "ou that in future the laid do n procedure must strictl" be adhered to hile correspondin* ith different GepartmentsMEffices&
(!uthorit" SL0!G letter 1o&SE(EL#)SL0!GM6-.M-///, dated 6&7&-///)

Offici # Correspon"ence. % am directed to refer to the subject cited above and to state that it has been observed b" the 0overnorHs Secretariat, 12FP that a lar*e number of letters of irrelevant nature like char*e reports of Efficers are endorsed b" EfficesMGepartments to the hi*h ups in a routine manner particularl" to the 0overnorHs Secretariat that it results in do n polic" of the 0overnment& %t is need of the hour to avoid such asteful e(ercise and to concentrate on real issues for judicious utili>ation of ener*" and time of 0overnment officers& -& %n the ake of above, % am directed to re:uest to kindl" direct all concerned to avoid endorsin* copies of un-necessar" correspondence to 0overnorHs Secretariat, Chief Secretar"Hs Effices and other hi*h rankin* Efficers&
(!uthorit" SL0!G letter 1o&SE(EL#)M1/-BM-///, dated 5&-&-///)
-75

ithout lookin* to the aspect ith the laid

aste of time& 3his practice does not seem to be in accordance

Constit(tion of St n"in2 Service R(#es Committee +nder the provision of 9ule 6(-) of the 12FP Civil Servants (!ppointment, Promotion L 3ransfer) 9ules, 14?4, the Provincial 0overnment is pleased to constitute ith immediate effect and in supersession of Services and 0eneral !dministration Gepartment 1otification 1o&SE9&%% (SL0!G)-(4)M45 dated 1-th September, -//1, the Standin* Service 9ules Committee ith the follo in* composition$1& !dministrative Secretar" concerned Chairman -& !dditional Secretar" (9e*ulation) #ember 'L! Gepartment

6& !dditional Secretar" (9e*ulation) #ember Finance Gepartment .& !dditional Secretar" #ember ,a Gepartment 7& 8ead of the attached Gepartment concerned #ember B& Geput" Secretar"(!dmn) of the Gepartment concerned #emberMSecretar" -& % am further directed to re:uest that the 2orkin* Paper for the Standin* Service 9ules Committee should be prepared in li*ht of instructions issued vide letter 1o&SE9-% (SL0!G) 1--/BM5.(!) dated 16th Ectober, 144/&
(!uthorit"$ 1otification 1o&SE9&<%('L!G)--B4M-//6& dated -4th Fan, -//7)

Fr min2 of Service R(#esCRecr(itment R(#es % am directed to refer to this department letter 1o&SE9-%(SL0!G) .--M?7, dated .&1-&14?7, on the subject noted above and to enclose here ith revised proforma (!nne(ure I%H and !nne(ure-I%%H) for initiatin* proposals for framin* ne ServiceM 9ecruitment 9ules& 3he !dministrative Gepartments are re:uested that all proposals for framin* of ne accompanied b" a orkin* paper (si( copies) e(plainin* back*round and justification for the proposal, particularl" here e(istin* rules are re:uired to be amended& -& %t is re:uested that hile sendin* proposals for framin* of ne Service 9ules and makin* amendments in the e(istin* rules, the :ualifications proposed for appointment to posts should suit the re:uirement of the job& 6& %t has been decided that the ,a GepartmentMPublic Service Commission and Finance Gepartment more than one month&
-7?

Service 9ules and amendments in the e(istin* rules should be

ould in no case dela" vettin*M clearanceM concurrence of rules for

!nne(ure-% 1'2 9+,'S

P9EFE9#! S8E2%10 P9EPES'G #'38EG EF 9'C9+%3#'13 !PP,%C!K,' 3E 38' PES3S %1 38'TTTTTTTTTTTTTTTTTTTTTT S&1o& 1omenclature of the post& #inimum :ualification for appointment b" initial recruitment or b" transfer #inimum :ualification for appointment b" promotion !*e limit #ethod of recruitment 1-6.7B !nne(ure-%% P9EFE9#! S8E2%10 P9EPES'G !#'1G#'13 %1 38' ';%S3%10 S'9<%C' 9+,'S
1omenclature of the post& ('(istin*) (Proposed) (9easons) Oualification ('(istin*) (Proposed) (9easons) !*e ('(istin*)(Proposed)(9easons) #ethod of recruitment ('(istin*) (Proposed) (9easons)

-6.7 Sanction of the postMposts b" the Finance Geptt ma" also be :uoted and enclosed& (!uthorit"; 1o&SE9-%(SL0!G) 1--/BM5.(!) Gated Pesha ar 16&1/&144/)

Fr min2 of ServiceCRecr(itment R(#es. % am directed to refer to this Gepartment letter of even number dated 17&1/&144? on the subject noted above and to sa" that ever since the re-or*ani>ation of the Standin* Service 9ules Committee, the !dministrative Gepartments, fi( schedule of the Standin* Service

9ules Committee meetin*s 1eedless to

ithout consultin* SL0!G and Finance Gepartment&

point out that representatives of those Gepartments do have other important official en*a*ementsMcommitments& -& Furthermore, the orkin* papersMproposals for framin* of serviceM recruitment rules are for arded to this Gepartment shortl" before the meetin*& !s such it becomes difficult to e(amine the proposals properl"& 6& % am, therefore, directed to re:uest "ou to kindl" ensure that proposalsM orkin* paper for framin*Mamendin* the rules shall be furnished to the SL0!G and Finance Gepartment at least seven da"s, before the date of the meetin*& 3he above instructions ma" be brou*ht to the notice of all concerned for strict compliance&
(!uthorit" SL0!G letter 1o&SE9%%(SL0!G)-(4)M4? dated -.&1-&4?)
-74

C ses see!in2 "vice of E@AD. % am directed to sa" that under sub-rule (.) of 9ule 4 of the 12FP 9ules of Kusiness, 14?7, interpretation of rules and orders relatin* to service matters, other than rules and orders, issued b" the Finance Gepartment, has been assi*ned to this Gepartment& %n pursuance of this, this Gepartment has in addition to publishin* and suppl"in* copies of the 'stablishment #anual (<ol&%), also issued from time to time, a lar*e number of instructions coverin* almost all aspects of service matters to all concerned& %n this connection, attention is invited to this Gepartment circular letter 1o&SE9-%%%(SL0!G)(#isc-0)4(1-)M?B, dated 1&-&?B and even numbers dated 17&6&?5, 6/&B&?? and 1.&11&?4, on the above noted subject& %t has, ho ever, been observed that departments continue to refer cases e(amination at their o n level, for the advice of this Gepartment and that too in an incomplete form and ithout

often ithout specif"in* point on hich advice is re:uired& -& % am, therefore, directed to re:uest once a*ain that, in future, onl" those cases ma" please be referred to SL0!G for advice, are available and the case cannot be decided 1evertheless, cases re:uirin* advice of this Gepartment ma" be referred in future, hich ma", inter alia contain the follo in* information$i) Subject matter& ii) Getailed back*round of the case and point for advice& iii) 2hether the case as referred earlier to the SL0!G and if so, hat advice as *iven& iv) 2hether the case has also been referred to Finance GepttM,a Geptt for e(amination and advice& v) 2hether the case actuall" concerns SL0!G and is bein* referred to SL0!G ith the prior approval of !dministrative Secretar" concerned or other ise& 6& Cases hich are not referred in the above format alon* ith detailed reasonsM justification shall be returned strai*ht a a" ithout an" e(amination& .& % am, therefore, to re:uest that in future the afore mentioned procedure ma" kindl" be observed strictl"&
(!uthorit" SL0!G letter 1o&SE9%(SL0!G)1-7.M?5, dated 15&-&1441)
-B/

here no clear rulesM instructionsMclarification ithout advice of this Gepartment&

P(nct( #it9 in tten" nce. 3he Services and 0eneral !dministration Geptt shall, from time to time, prescribe *eneral office hours and break for pra"ers or for an" other purpose& -& 3he follo in* procedure shall be adopted b" all Gepartments for enforcin* punctualit" in attendance$a) !ll !dministrative Secretaries shall take full responsibilit" for enforcin* punctual attendance of officers and staff in their Gepartments and in the !ttached Gepartments under their administrative control& b) !ll members of staff shall observe office hours prescribed b" the 0overnment from time to time& 1aib OasidMOasids ill, ho ever, attend offices at least 17

minutes before time to put thin*s in order& c) ! separate attendance re*ister shall be maintained for each SectionMKranch& %t shall include the names of all members of the staff (belo the rank of K-1B)& !ll members of staff, hose names are entered in the !ttendance 9e*ister, of the SectionMKranch e(cept Oasids and 1aib Oasids should initial the re*ister& !ttendance of 1aib Oasids and Oasids shall be marked in the follo in* manners$(i) CPD for punctual attendance in the case of 1aib Oasids and Oasids and initial in the case of others; (ii) CGD for a a" on dut"; (iii) C,D for leave; and (iv) C!D for absence ithout permission; d) 3he re*ister shall be initialed b" the Kranch SuperintendentMSection Efficer and placed before the Geput" Secretar" concerned 1/ minutes after the commencement of the office hours on each orkin* da"& 3his, ho ever, should not be taken to mean that officials are at libert" to come 1/ minutes late& 3he" must be in their seats b" the time fi(ed for arrival& e) 3he SectionMKranch Efficer shall be held responsible for an" dela" in the submission of the re*ister& f) Efficials ho come late shall immediatel" on arrival report to the Geput" Secretar" concerned and Efficer %nchar*e of the Section ho shall ascertain the reasons for late arrivals and take appropriate action in each case& *) Cases of habitual late comers shall be brou*ht to the notice of the Secretar" for disciplinar" action& %n this connection, a monthl" statement of defaulters should be submitted on the 1st of ever" month to the Secretar"MGeput" Secretar" (!dministration) ho ill take suitable action a*ainst the officials concerned& Such action should demonstrate that habitual defaulters have been ade:uatel" punished&
-B1

h) ! roster of attendance for dut" after office hours and on *a>etted holida"s shall be maintained b" each department subject to the instructions issued b" the 0overnment from time to time&

i) Eccasional late attendance ma" be condoned after obtainin* an oral e(planation of the official concerned but one da"Hs casual leave shall be debited to the casual leave account of the official for ever" three late arrivals in a month& 8e ma" also be issued a ritten arnin*& j) ,ate arrival ithout an" *enuine reason be treated as misconduct under the 12FP ('fficienc" and discipline) 9ules, 1456& k) !bsence on short leave for one to three hours shall be treated half da"Hs casual leave and debited to the casual leave account& !bsence on leave for more than three hours on a da" shall be taken as absence for the da"& l) !pplication for short leave for one hour or more sent from home should be treated as half da"Hs casual leave and debited to the casual leave account& Si( or more than si( such applications ithout just cause durin* a month should be treated as habitual late attendance& m) 1o member of the staff shall remain absent ithout prior permission& %n case of absence due to unavoidable circumstances, it should be brou*ht to the notice of the immediate officer on the da" of the absence throu*h an" possible means& !bsence for more than t o da"s on *round of sickness must be supported b" a medical certificate& n) 'ver" application for leave Mcasual leave should indicate the address at hich the applicant can be contacted, if necessar"; and o) Eccasional and surprise checks (fre:uenc" to be determined b" the Secretar" keepin* in vie the de*ree of defaulters and other circumstances) should be made b" the Secretaries and Geput" Secretaries (!dministration) to ensure that the s"stem out-lined above, orks smoothl"& C s( # Le ve. (a) 0overnment Servants are not entitled to casual leave as of ri*ht& Casual leave is *ranted b" a" of *race to enable *overnment Servants to attend to their private affairs of casual nature& %t is entirel" ithin the discretion of the sanctionin* authorit" either to sanction or refuse leave; (b) Casual leave ma" not ordinaril" e(ceed ten da"s at a time& 3he sanctionin* authorit" ma", ho ever *rant leave upto 17 da"s at a time under special circumstances&

(c) Casual leave ma" be *ranted in conjunction ith Frida"s or public holida"s but not ith an" other kind of leave or joinin* time& 2hen it is combined ith holida"s the total period shall not e(ceed 17 da"s at a time&
-B-

(d) Casual leave ma" be sanctioned under the authorit" of the !dministrative Secretar" or head of EfficeMGepartment b" the %mmediate Superior Efficer of the *overnment Servant concerned& (e) !ll casual leave accounts other than that of the !dministrative Secretar" shall be maintained in the 0eneral Kranch of the Gepartment concerned& 3he casual leave account of the !dministrative Secretar" shall be maintained in the SL0!G& (f) 1o 0overnment Servant should leave his head:uarters durin* casual leave or holida"s ithout the permission of the leave sanctionin* authorit"& Ot'er #e ve. (a) For the purpose of lon* leave, ever" Gepartment should keep a leave list for one calendar "ear in advance& !ll officers and staff should be re:uired to state before the be*innin* of the "ear$(i) the amount and kind of leave hich the" intend takin* durin* the "ear; and (ii) the date from hich such leave is re:uired& (b) 3he officer inchar*e of the 0eneral Kranch in each Gepartment shall then prepare a list b" arran*in* the period of leave in one or more continuous chains, subject to the e(i*encies of public service and administrative convenience& (c) 3his list (e(cept in the case of 1aib Oasids and Gaftaries) ould be for arded ith the recommendations of the Gepartment to SL0!G for orders& (d) Cases of 1aib Oasids and Gaftaries shall be decided b" the Secretar" concerned& (e) 3he Secretar" of the !dministrative Gepartment shall have the po er to *rantMsanction all kinds of leave e(cept stud" leave and disabilit" leave, to civil servants in K-15 and above other than the civil servants in !ll Pakistan +nified 0rades, orkin* in !ttached Gepartments or an" other office or or*ani>ation& (f) Stud" ,eave and Gisabilit" leave bein* subjects relatin* to Finance Gepartment shall be *ranted in accordance ith the relevant rulesMpolic" instructions issued b" that department from time to time&

P(nct( #it900Atten" nce of offici # Meetin2s in t'e C'ief MinisterUs Secret ri t. % am directed to refer to the subject noted above and to sa" that the Chief #inister 12FP in a case has been pleased to observe that official time is a public C!manatD and ever" moment of the precious time be full" utili>ed in the public interest& -& 3he Chief #inister 12FP has further been pleased to desire that all officers invited to the official meetin*s under his chairmanship, shall ensure their presence in the Chief #inisterHs Secretariat 17 minutes before time fi(ed for the meetin*s& 6& % am directed to re:uest that above orders of the Chief #inister 12FP ma" kindl" be noted and complied ith in letter and spirit&
(!uthorit"$ letter 1o& SE9-<%M'L!GM#iscM-//?M<ol-%<Gated 1-th #a", -//4)
-B6

N4FP SERVICES TRI;UNAL ACT*+,-%. =N4FP ACT NO.I OF +,-%> First published after havin* received the assent of the 0overnor of the 1orth-2est Frontier Province in the 0a>ette of 1orth-2est Frontier Province& AN
16-ACT

to provide for the establishment of Service 3ribunal to e(ercise jurisdiction in respect of matters relatin* to the terms and conditions of service of civil servants& Pre m)#e/028'9'!S it is e(pedient to provide for the establishment of !dministrative 3ribunals, to be called Service 3ribunal, to e(ercise e(clusive jurisdiction in respect of matters relatin* to the terms and conditions of service of civil servants, and for matters connected there ith or ancillar" thereto; %t is hereb" enacted as follo s/0 1& S'ort tit#e* commencement n" pp#ic tion/0(1) 3his !ct ma" be called the 1orth2est Frontier Province Services 3ribunal !ct,145.& (-) %t shall come into force at once& (6) %t applies to all civil servants herever the" ma" be& -& Definitions/0%n this !ct, unless the conte(t other ise re:uires the follo in*

e(pressions shall have the meanin*s hereb" respectivel" assi*ned to them, that is to sa"166@)

(a) )Civil Servant) means a person ho is, or has been, a civil servant ithin the

meanin* of the 1orth-2est Frontier Province Civil Servants& !ct,1456 (12FP !ct 1E& ;<%%% of 1456)AD; (b) )0overnment) means the 0overnment of the 1orth-2est Frontier Province= (c) )Province) means the 1orth-2est Frontier Province; and (d) )3ribunal) means a Services 3ribunal established under Section 6& 6& Tri)(n #/0(1)3he 0overnor ma", b" notification in the official *a>ette, establish one or more Service 3ribunals and, here there are established more than one 3ribunal, the 0overnor shall specif" in the notification the class or classes of civil servants in respect of hom or the territorial limits ithin hich, each such 3ribunal shall e(ercise jurisdiction under this !ct&
16- Published 166 (a)of

in the 12FP 0overnment 0a>ette,'(traordinar", dated -?&6&145. at Pa*es B//-B/B&

Section - substituted b" 12FP !ct 1o&%; of 145.&

-B.

(-) ! 3ribunal shall have e(clusive jurisdiction in respect of matters relatin* to the terms and conditions of service of civil servants, includin* disciplinar" matters& (6) ! 3ribunal shall consist of(a) a Chairman, bein* a person ho 16.@isA , has been , or is :ualified to be, Fud*e of 8i*h Court; and (b) not less than t o and not more than four members each of hom is a person ho has for a period of not less than fifteen "ears held a Class-% or an e:uivalent post under the Federal 0overnment or a Provincial 0overnment& (.) 3he Chairman and members of a 3ribunal shall be appointed b" the 0overnor on such terms and conditions as he ma" determine& (7) 3he Chairman or a member of a 3ribunal ma" resi*n his office b" ritin* under his hand addressed to the 0overnor& (B) 3he Chairman or a member of a 3ribunal ma" be appointed b" name or b" desi*nation&
1676&!&

A" 'oc Appointment/0 3he 0overnor, ma" if necessar" or e(pedient, for a

particular case or cases, make an ad hoc appointment on the 3ribunal of person :ualified to be Chairman or a member as the case ma" be)& .& Appe # to Tri)(n #/0 !n" civil servant a**rieved b" an" final order, hether ori*inal or appellate, made b" a departmental authorit" in respect of an" of the terms and conditions of his service ma", him
16Bor

ithin thirt" da"s of the communication of such order to hichever is

ithin si( months of the establishment of the appropriate 3ribunal,

later, prefer an appeal to the 3ribunal havin* jurisdiction in the matter$ Provided that(a) here an appeal, revie or a representation to a departmental authorit" as provided under the 1orth-2est Frontier Province Civil Servants !ct,1456, or an" rules a*ainst an" such order, no appeal shall lie to a 3ribunal unless the a**rieved civil servant has preferred an appeal or application for revie or representation to such departmental authorit" and a period of ninet" da"s has elapsed from the date on hich such appeal, application or representation as preferred; (b) no appeal shall lie to a 3ribunal a*ainst an order or decision of a departmental authorit" determinin*16. 3he

ord inserted b" 12FP Erdinance 1o&;< of 14?- Section b" 12FP !ct 1o&;%%% of 145B& ords inserted b" 12FP 1o&%< of 145.&

167 Section)6!)inserted 16B 3he

-B7

(i) the fitness or other ise of a person to be appointed to or hold a particular post or to be promoted to a hi*her post or *rade; or (ii) the :uantum of departmental punishment or penalt" imposed on a civil servant as a result of a departmental in:uir", e(cept here the penalt" imposed is dismissal from service, removal from service or compulsor" retirement 165(;and)&
16? (c)

no appeal shall lie to a 3ribunal a*ainst an order or decision of a departmental

authorit" made at an" time before the %st Ful",14B4&

E1p# n tion/0 %n this section, )departmental authorit") means an" authorit", other than a 3ribunal, hich is competent to make an order in respect of an" of the terms and conditions of service of civil servants& 7& Constit(tion of ;enc'es/0(1) 3here ma" be constituted one or more Kenches, each consistin* of(a) the Chairman alone; or (b) the Chairman and one or more members; or (c) one or more members, to be nominated b" the Chairman for the purpose of admittin* appeals for hearin*, or dismissin* appeals in limini on *rounds to be recorded in ritin* after havin* heard the applicant or his counsel; Provided that, not ithstandin* an"thin* to the contrar" contained in this !ct, the Kench consistin* of the Chairman and one or more members members), ma" finall" hear and dispose of appeal on merits; Provided further that no orders shall be made b" the Kench under this sub-section before *ivin* the appellant or, as the case ma" be, the parties and their counsel an opportunit" of bein* heard& (-) %n case a Kench consistin* of more than one member is unable to arrive at a unanimous decision, its decision shall be e(pressed in terms of the vie of majorit"; Provided that here no majorit" vie can be formed, the appeal shall be referred to other member, to be nominated b" the Chairman, and the decision of the Kench shall be e(pressed in terms of the vie of the majorit"& (6) 3he Chairman ma", at an" sta*e, transfer cases from one Kench to another Kench or to the 3ribunal&
165 3he

164(or

t o or more

full stop replaced b" semicolon and the ord )and) inserted b" 12FP !ct 1o&%; of 145.& (c)substituted b" 12FP !ct 1o&%; of 145.& ords inserted b" act 1o&;%%% of 145B&

16? Clause 164 3he

-BB

(.) !n" decision made b" the Kench shall be deemed to be the decision of the 3ribunal&

B& 3e rin2 of Appe #s n" t'eir "ispos #/0(1) '(cept as other ise provided, the appeals admitted for hearin* shall be heard and decided b" the 3ribunal, after *ivin* the parties and their counsel an opportunit" of bein* heard& (-) %f an" member of the 3ribunal is, for an" reason, unable to take part in the proceedin*s of the 3ribunal, the Chairman and the other member or members the case ma" be t o or more members) ma" hear or continue to hear and finall" dispose of the appeal& (6) %f a 3ribunal is unable to arrive at a unanimous decision, its decision shall be e(pressed in terms of the vie of the majorit"& (.) %n case of difference of opinion bet een the Chairman and member 1.1(,)or members, formed, the appeal shall be referred to other member, and the decision of the 3ribunal shall be e(pressed in terms of the vie of the majorit"& 5& Po:er of Tri)(n #s/0(1) ! 3ribunal ma", on appeal, confirm, set aside, var" or modif" the order appealed a*ainst& (-) ! 3ribunal or a Kench constituted under Section 7 shall, for the purpose of decidin* an" appeal, be deemed to be a civil court and shall have the same po ers as are vested in such court under the Code of Civil Procedure 14/?(!ct < of 14/?),includin* the po ers of(a) enforcin* the attendance of an" person and e(aminin* him on oath; (b) compellin* the production of documents; (c) issuin* commission for the e(amination of itnesses and documents&
1.-(d) 1./(or,

as

hen the appeal is heard under sub-section(-) and no majorit" vie

can be

e(ecution of its decisions&

(6) 1o court-fee shall be pa"able for preferrin* an appeal to, or filin*, e(hibitin* or recordin* an" document in, or obtainin* an" document from, a 3ribunal& ?& A) tement of s(its n" ot'er procee"in2s/0(1) Save as other ise provided in

section 1/, all suits, appeals, or applications re*ardin* an" matter of a

ithin the jurisdiction

3ribunal pendin* in an" court immediatel" before the commencement of this !ct shall abate forth ith;
1./3he

ords inserted b" !ct 1o&;%%% of 145. Section&.(a)& inserted b" 12FP !ct 1o&;%%% of 145B Section .(b)& (d) added b" 12FP Service 3ribunal (!mendment !ct, -/1/) 12FP !ct 1o&%< of -/1/,

1.1 Comma 1.-Clause

1otification 1o&P!M12FP K%,,M55?5, dated -B&-&-/1/

-B5

Provided that an" part" to such a suit, appeal or application ma", ithin ninet" da"s of the commencement of this !ct, prefer an appeal to the appropriate 3ribunal in respect of an" such matter hich is in issue in such suit, appeal or application& (-) 2here an" suit, appeal or application re*ardin* an" matter ithin the jurisdiction of a 3ribunal has been disposed of b" an" court other than the Supreme Court before the commencement of the 1orth-2est Frontier Province Service 3ribunal Erdinance,1456 (1&2&F&P Erdinance 1o&1 of 145.),an" part" feelin* a**rieved b" the decision of such suit, appeal or application ma", if such decision has not become final, ithin ninet" da"s of the commencement of this !ct prefer an appeal to the appropriate 3ribunal in respect of an" such matter hich as in issue in such suit, application& 4& Limit tion/03he provisions of section 7 and 1- of the ,imitation !ct,14/? (!ct %; of 14/?), shall appl" for the purpose of appeals under this !ct& 1/& Repe # n" tr nsfer of c ses/0(1)3he 1orth-2est Frontier Province Civil Servants(!ppellate 3ribunals) Erdinance,1451(1&2&F&P Erdinance %% of 1451), is hereb" repealed& (-) !ll appeals pendin* before the 3ribunal constituted under the 1orth-2est Frontier Province Civil Services (!ppellate 3ribunals), Erdinance, 1451 (1&2&F&P Erdinance %% of 1451), shall, ith effect from the date of the commencement of this !ct, stand

transferred to the appropriate Services 3ribunal established under this !ct and be deemed as instituted under this !ct& 11& Po:er to m !e R(#es/00overnment ma", b" notification in the official 0a>ette, make rules for carr"in* out the purposes of this !ct& 1-& Repe #/03he 1orth-2est Frontier Province Services 3ribunal Erdinance,1456 (1&2&F&P Erdinance 1o&1 of 145.), is hereb" repealed&
-B?

T3E N4FP SERVICES TRI;UNAL RULES* +,-%. 1& S'ort tit#e n" commencement/0(1) 3hese rules ma" be called the 1.61orth-2est Frontier Province Services 3ribunal 9ules,145.& (-) 3he" shall come into force at once& -& Definitions/0%n these rules, unless the conte(t other ise re:uires, the follo in* e(pressions shall have the meanin*s hereb" respectivel" assi*ned to them, that is to sa"(a) )!ct) means the 1orth-2est Frontier Province Services 3ribunal !ct,145.(1&2&F&P !ct 1o&% of 145.)& (b) )Chairman) means the Chairman of a 3ribunal; (c) )#ember) means a member of a 3ribunal; (d) )9e*istrar) means the 9e*istrar of a 3ribunal, and includes an" other person authorised b" the 3ribunal to perform the duties and functions of the 9e*istrar under these rules; and (e) )3ribunal) means a 3ribunal established under section 6 of the !ct and includes a bench constituted under section 7 thereof& 6& 4or!in2 'o(rs/0! 3ribunal shall observe such hours of sittin*s as it ma" determine& .& 3o#i" 9s/0! 3ribunal shall observe such holida"s as are notified b" 0overnment, and such local holida"s as are observed b" Civil Courts& 7& Sittin2 of Tri)(n #/0! 3ribunal ma" hold its sittin*s at Pesha ar or at an" other place in the 1orth-2est Frontier Province hose matters are to be heard at such sittin*s& hich ould be convenient to the parties

B& Proce"(re to prefer Appe #/0 (1) !n appeal to the 3ribunal ma" be sent b" 9e*istered Post or presented to the 9e*istrar personall" or throu*h an !dvocate, durin* orkin* hours& (-) 'ver" memorandum of appeal shall(a) be le*ibl", correctl" and concisel" ritten, t"pe ritten or printed; (b) be divided into para*raphs numbered consecutivel", each para*raph containin* as nearl" as ma" be separate alle*ation;
1.6 3hese

rules ere published in the 12FP 0overnment 0a>ette '(traordinar"

dated -/&4&145. (Pa*es --.--5)

-B4

(c) contain the full name, official desi*nation and place of postin* of each part"; (d) clearl" set out the relief claimed; (e) be accompanied b"(i) a cop" of the seniorit" list or other order of the competent authorit" fi(in* seniorit", or in other cases, cop" of the impu*ned order; a*ainst hich the appeal is directed; (ii) copies of rules, orders and other documents on hich the appellant proposes to rel" in support of his claim; Note/ For the purposes of sub-clause(i)of clause(e), the appointin* authorit" or an" other authorit" hich has been dele*ated the po ers to make decision re*ardin* seniorit" of a 0ovt& servant shall prepare and notif" in the official 0a>ette a list of seniorit" of the members of the Subordinate Fudiciar" under its administrative control and the list so prepared shall be maintained upto date and shall be revised at least once a "ear preferabl" in the month of Fanuar"& (f) be si*ned b" the appellant; (*) be accompanied b" three spare copies of the memorandum of appeal and as man" other copies thereof, complete in all respects, si*ned b" the appellant and accompanied b" the documents referred to in clause(e) as there are

respondents; Provided that here the 3ribunal is satisfied that it is not possible for an appellant to produce an" document referred to in (e),it ma" aive the provision of the said clause& (6) 'ver" memorandum of appeal shall be presented to the 9e*istrar in file covers and be accompanied b" a t"ped or printed inde( of papers failin* not be entertained& (.) %n ever" memorandum of appeal, the competent authorit" hose order is challen*ed shall be sho n as 9espondent 1o&1 and ever" civil servant to hom the relief ma" affect shall also be sho n as respondent; (7) 2here an appeal is presented after the period of limitation prescribed in the !ct, it shall be accompanied b" a petition supported b" an affidavit settin* forth the cause of dela"& 5& Scr(tin9 of Appe #s/0 3he 9e*istrar shall scrutini>e ever" memorandum of appeal received b" post, or presented to him and shall(a) %f it is in order and dra n up in accordance ith the fore*oin* provisions, cause it to be re*istered in the 9e*ister of !ppeals to be maintained b" the 3ribunal;
-5/

hich the appeal ma"

(b) %f it is not dra n up in the manner herein before prescribed, return it to the appellant or his advocate for amendment, ithin a time to be specified in an order to be recorded b" him on the memorandum of appeal, pointin* out the deficienc"; (c) 2here the memorandum of appeal is not dra n up in the manner herein before prescribed and the appellant or his advocate fails to amend the same ithin the period specified b" the 9e*istrar, the 3ribunal ma" pass such order as it ma" deem fit& ?& A"mission of t'e time ) rre" ppe #s/0!n appeal ma" be admitted after e(pir" of the period of limitation prescribed therefor he hen the appellant satisfies the 3ribunal that

had sufficient cause for not preferrin* the appeal the 3ribunal as to the sufficienc" of cause shall be final&

ithin such period and the decision of

4& Fi1 tion of " te of 'e rin2/0(1)3he 3ribunal ma", after fi(in* a da" for hearin* the appellant, and hearin* him or advocate, dismiss the appeal in limine& (-) %f the appeal is not dismissed in limine, notices of admission of appeal and of da" fi(ed for its hearin*, issued under the si*nature of the 9e*istrar or an" other official authorised b" him in this behalf, shall, subject to the provisions of 9ule 1/, be served on the appellant and the respondents, or their advocates if the" are so represented, and on such other persons as the 3ribunal ma" deem proper& (6) '(cept as other ise directed b" the 3ribunal, for reasons to be recorded in ritin*, the cases shall be fi(ed for hearin* on their o n turn, accordin* to the dates of their admission& 1/& Deposit of Sec(rit9* etc/0(1) %f the appeal is admitted, the appellant shall deposit ith 9e*istrar/0 (a) cash securit" for costs in the sum of 9s&1//&// (rupees one hundred onl"); and (b) such cost of service of notices on the respondents as ma" be determined b" the 9e*istrar, includin* the cost of publication, if it is desirable to serve the notices b" publication in the ne spapers& (-) %f ithin 1/ da"s of the admission of appeal, the appellant does not deposit the securit" and the cost of service of notices, the appeal ma" be dismissed& 11& Service of Notices/0 (1) ! notice under sub-rule (-) of rule 4 ma" be served b" re*istered post or in an" other manner as the 3ribunal ma" direct& (-) 3he notices to the respondents shall be accompanied b" a cop" of the memorandum of appeal and all the documents appended there ith& here he is represented b" an advocate, hearin* the

(6) 3he 3ribunal ma", here the number of respondents is lar*e or here other ise the 3ribunal considers it appropriate or desirable to do so, direct that in addition to sendin* a cop" of the notice to the respondents b" re*istered post, the notice shall be
-51

published in one or more dail" ne spapers havin* circulation in the areas here the respondents ordinaril" reside or are servin*& (.) Service of notice in accordance ith the provisions of this rule shall be as effectual as it had been made on the respondents personall", and it shall not be necessar" to prove that a part" has actuall" received the notice& 1-& S()mission of o)Mections )9 respon"ents/0(1)! respondent on hom a notice of appeal has been served under the provisions of rule 11 shall send his ritten repl" b" re*istered post(!ckno led*ement Gue) to the 9e*istrar, or deliver the same to the 9e*istrar personall" or throu*h an advocate, not later than seven da"s before the date specified in the notice for the hearin* of the appeal&
1..

(-) 3he repl" shall be correctl" and concisel" ritten, t"pe ritten or printed, ritin* in that

shall be si*ned b" the respondent or a person dul" authorised b" him in respect

and shall be accompanied b" a cop" of ever" seniorit" list or order or other documents on hich the respondent ishes to rel" in support of his case& (6) 3he ritten repl" shall be accompanied b" . spare copies thereof, complete in all respects and containin* copies of the lists, order and documents referred to in subrule(-), for use of the 3ribunal& 16& Determin tion of E(estions/0 (1) Ouestions arisin* for determination b" the 3ribunal shall be decided ordinaril" upon affidavits and documents proved b" affidavits, but

the 3ribunal ma" direct that such :uestions as it ma" consider necessar" be decided on such other evidence and in such manner as it ma" deem fit& (-) 3he part" affected b" an affidavit ma" be permitted b" the 3ribunal to crosse(amine the deponent ith reference to the statements in the affidavit& 1.& S(mmonin2 of 4itness/0 (1) ! list of itnesses shall be presented to the 3ribunal, and application for summonin* da"s after the service of notice of appeal under 9ule 11 re:uired to *ive evidence or to produce an" documents, shall *ive, *ive evidence, a brief resume of the evidence he is e(pected to *ive, and here a itness is re:uired to produce a document, *ive a brief description of the document so as to identif" it& (-) %f the 3ribunal is of the opinion that the evidence of an" itness specified in the list of of an appeal before it, it shall direct him to be summoned on a date to be fi(ed b" the 3ribunal, and direct that the dail" allo ance and travelin* char*es of such admissible to itnesses appearin* in the 8i*h Court, should be deposited b" the person callin* him, ithin the period to be specified b" the 3ribunal&
1.. Sub-rule

itnesses before the 3ribunal shall be made, hich shall state here a

ithin 1/

hether the" are

itness is re:uired to

itnesses *iven under sub-rule(1) ill be of material assistance in the disposal

itness, at the rates

(-) of rule 1- Substituted b" 1otification 1o& SE9-%(SL0!G).&-&M?-,dated 1.&1&44&

-5-

(6) %f a person appl"in* for the summonin* of a itness fails to deposit the re:uisite costs of the itness, ithin the period specified b" the 3ribunal under subrule (-),or ithin an" e(tension thereof that ma" be *ranted b" the 3ribunal, the application for summonin* of itnesses, so far as it relates to such itness, shall be deemed to have been rejected& (.) %f the 3ribunal is of the opinion that the evidence of an" itness is necessar"

for the disposal of an appeal before it, it ma" direct him to be summoned& (7) 2here a 3ribunal summons a itness under the provisions of sub-rule(.)(a) if such itness is a 0overnment servant, his travelin* and dail" allo ance, if an", shall be borne b" 0overnment; and (b) if such person is a private person, his travelin* and dail" allo ance shall be borne b" the appellant& (B) Process for service on itnesses of hi*h rank shall be sent in the form of a letter& (5) '(cept in ur*ent cases or as other ise ordered b" the 3ribunal, a summon re:uirin* a public officer to *ive evidence or to produce a document shall be served throu*h the 8ead of his office& 17& Evi"ence of :itnesses/0(1)3he evidence of itnesses e(amined b" the 3ribunal shall be taken do n under the superintendence of the tribunal, ordinaril" in the form of a narrative and shall form part of the record& (-) 3he 3ribunal ma" record such remarks as it thinks material respectin* the demeanour of an" itness hile under e(amination& 1B& 4' t m 9 )e (r2e" )9 n ppe## nt/03he appellant shall not, e(cept b" the leave of the 3ribunal, ur*e, or be heard in support of an" *round of objections not set-forth in the memorandum of appeal, but the 3ribunal, in decidin*, the appeal shall not be confined to the *rounds of objections set-forth in the memorandum of appeal or taken b" leave of the 3ribunal under these rules; Provided that the 3ribunal shall not rest its decision on an" other *round unless the part" appeal on that *round& 15& Notice ;o r"/0(1)! cause list shall be prepared under the orders of the 9e*istrar, hich shall be affi(ed on the notice board of the court room of the 3ribunal& (-) '(cept as other ise directed b" the 3ribunal, cases to be set do n in the cause list shall be in the order of the date of admission& ho ma" be affected thereb" has had a sufficient opportunit" of contestin* the

1?& 3e rin2 of Appe #/0(1)En the da" fi(ed, or on an" other da" to hich the hearin* ma" be adjourned, the appellant or his advocate shall be heard in support of the appeal&
-56

(-) 3he 3ribunal shall then, if it does not dismiss the appeal at once hear the respondent or his advocate a*ainst the appeal and in such case, the appellant shall be entitled to repl"&
1.714&

Dismiss # of Appe # on f i#(re to ppe r )9 t'e P rties /0 (1) 2here on the da"

fi(ed for the hearin* of an appeal or an" other da" to hich the hearin* ma" be adjourned the appellant or his counsel, if an", does not appear hen the appeal is called for hearin*, the 3ribunal ma" make an order that the appeal is dismissed& (-) 2here the appellant or his counsel, if an", appears and the respondent or his counsel, if an", does not appear the appeal shall be heard e(-parte& (6) 2here an appeal is dismissed under sub-rule(1) or an e(-parte order made under sub-rule (-), the 3ribunal ma" for sufficient cause on an application made 17 da"s restore the appeal or as the case ma" be set aside the e(-parte order on such terms as to costs or other ise as it thinks fit& Provided that no order of restoration of an appeal dismissed in default or settin* aside the e(-parte order shall be made unless notice of the application has been served on the opposite part"& -/& A""in2 Respon"ent/02hen it appears to the 3ribunal at the hearin* that an" person has not been made a respondent in the appeal is interested in the result of the appeal, the 3ribunal ma" adjourn the hearin* to a further da" to be fi(ed b" the 3ribunal and direct that such person be made respondent& -1& Prono(ncement of Or"er/03he 3ribunal shall pronounce order in open court, either at once on the conclusion of ar*uments or on some future date of *iven hich notice shall be ithin

to the parties or their advocates& --& Or"er re2 r"in2 costs* etc/0(1)3he 3ribunal ma" make such order as to the costs of proceedin*s before it as it deems fit& (-) !n" cost a arded b" a 3ribunal hich cannot be paid out of the cash securit" deposited b" the appellant ithin one month of the order a ardin* the costs, shall, on the certificate of the 3ribunal, be recoverable from the appellant as arrears of land revenue& -6& No entert inment of ppe # in cert in c ses/03he 3ribunal not shall entertain an" appeal in decided b" a Court or a 3ribunal of competent jurisdiction& -.& Appe## nt prec#("e" from )rin2in2 not'er ppe # in cert in c ses/02here an appeal has been 3ribunal, the appellant shall, unless other ise directed b" the 3ribunal, be precluded from brin*in* another appeal in respect of the same cause of action&
1.7 9ule-14

hich the matter directl" and substantiall" in issue has alread" been finall"

ithdra n b" the appellant and is in conse:uence dismissed b" the

substituted b" 1otification 1o&SE9%(SL0!G).--M?-,dated .&B&14?7&

-5.

-7& A"ministr tive f(nctions of t'e Tri)(n # to vest in t'e C' irm n/03he administrative functions of the 3ribunal includin* the appointment of staff shall be performed b" the Chairman on behalf of the 3ribunal& -B& Constit(tion of ;enc'es/02here the amount of ork so justifies the Chairman ma", for the purpose of admission of appeals, constitute one or more benches, each bench consistin* of one or t o members to be nominated b" the Chairman& -5& A""ition # po:ers of t'e Tri)(n #/01othin* in these rules shall be deemed to limit or other ise affect the po ers of a 3ribunal to make such orders as ma" be necessar" for the ends of justice or to prevent abuse of the process of the 3ribunal& -?& F(rnis'in2 of cop9 of fin # "M("ic tion or"er )9 t'e Tri)(n # to t'e competent (t'orit9/0! cop" of ever" order of final adjudication on an appeal shall be furnished b" the

3ribunal, free of cost, to the competent authorit" concerned effect to it&

hich shall forth ith *ive

-4& Inspection of Recor"s/03he provisions contained in the 8i*h Court 9ules and Erders as applicable to the Pesha ar 8i*h Court, in re*ard to copies of inspection of record, shall mutatis mutandis and to the e(tent practicable appl" to proceedin*s before a 3ribunal&
-57

T3E NORT304EST FRONTIER PROVINCE PU;LIC SERVICE COMMISSION ORDINANCE* +,-8 1&2&F&P Erdinance 1o& ;% of 145?

!1 E9G%1!1C'
to repeal and with ertain modifi ations, re-ena t the North-West Frontier Provin e Publi Servi e Commission " t, %&(0. Preamble. % 43EREAS, it is e(pedient to repeal and, enact the 1orth-2est Frontier Province Public Service Commission !ct, 1456, (1&2&F&P !ct ;%; of 1456), in the manner hereinafter appearin*; AND 43EREAS* the 0overnor of the 1orth-2est Frontier Province is satisfied that circumstances e(ist, hich render it necessar" to take immediate action; NO4* T3EREFORE* in pursuance of the Proclamation of the fifth da" of Ful", 1455, read of 1455),and in e(ercise of all po ers enablin* him in that behalf, the 0overnor of the 1orth2est Frontier Province is pleased to make and promul*ate the follo in* Erdinance$ . Short title and commencement. % (1) 3his Erdinance ma" be called the 1orth2est Frontier Province Public Service Commission Erdinance, 145?& ith the ,a s (Continuance in Force) Erder, 1455(C&#&,&! Erder 1o&1 ith certain modifications, re-

(-) %t shall come into force at once& $. &efinitions. % %n this Erdinance, unless the conte(t other ise re:uires,TT a) CCommissionD means the 1orth-2est Frontier Province Public Service Commission& b) C0overnment$ means the 0overnment of the 1orth-2est Frontier Province; c) C0overnorD means the 0overnor of the 1orth-2est Frontier Province d) C#emberD means a member of the Commission and includes the Chairman thereof; e) CPrescribedD means prescribed b" rules made under this Erdinance; and f) CProvinceD means the 1orth-2est Frontier Province& #. 'om(osition of 'ommission) etc.% (1) 3here shall be a Commission for the Province to be called the 1orth-2est Frontier Province Public Service Commission& (-) 3he 0overnor shall b" re*ulations determine, -5B

(a) the number of members and their terms and conditions of service; and (b) the number of officers and servants of the Commission and their terms and conditions of service$ Provided that the salar", allo ances and privile*es of a member shall not be varied to his disadvanta*e durin* his term of office& (6) 3he Chairman and other members shall be appointed b" the 0overnor$
1.B@Provided

that a servin* member of the Commission ma" be appointed as

Chairman for a term not e(ceedin* the un-e(pired portion of his term as such member&A (.) 1ot less than one-half of the members shall be persons ho have held office in the service of Pakistan for not less than t ent" "ears 1.5@and has been retired in basic pa" scale -/ or above&A
1.?(7)

Subject to sub-section (.), at least one of the members shall be a

female&

*. +erms of office of members) etc. % (1) 1.4 @! member of the Commission shall hold office for a term of 17/@
_ 5

"earsA hich he enters upon office and shall not be eli*ible for re-

from the date on appointment$A

151F

17-Provided

that, not ithstandin* his takin* oath, re:uired b" the provisions of hich he entered upon office

section .!, on a date subse:uent upon his enterin* into office, the Chairman or a member shall hold office for his respective term from the date on and not from the date of oath takin*, and he shall not be eli*ible for reappointment& (-) ! member ma" resi*n his office b" ritin* under his hand addressed to the 0overnor&
152F

,#*A.

-ath of -ffice. % Kefore enterin* upon office, the Chairman and a member shall

take oath in the form set out in the Schedule to this Erdinance, before the 0overnor in the case of Chairman, and before the Chairman in case of a member& 6.
153F

,*Ineli.ibility

for f/rther em(loyment. % En ceasin* to hold office, a member

Ordinance, !! (Ordinance No"

shall not be eli*ible for further emplo"ment in the Service of Pakistan&

1.B The proviso to sub section (3) of section 3 inserted vide NWFP Public Service Commission (amendment)

##$%% of !! ), notified on &th 'u(ust, !! "

1.5 The )ords *and has

been retired in basic pa+ scale ! or above, inserted in sub section (-) of section 3 vide NWFP Public Service

Commission ('mendment) Ordinance, !! (Ordinance No" ##$%% of !! ) notified on & th 'u(ust, !! "
1.? Sub

section (7) added vide 12FP Public Service Commission (amendment) !ct of -/1/ (12FP !ct 1o&% of -/1/), dated 1? th ##$%% of !! ), notified on & th 'u(ust, !! "

Fanuar", -/1/&
1.4 Sub section (.) of section - substituted vides NWFP (Ordinance No" 17/ %n section - sub section (.) the )ord *Five, substituted )ith the )ord *Four, vide NWFP Public Service Commission (Second 'mendment)

Ordinance, !! (Ordinance No" ###%# of !! ), notified on &th October, !! "

171 The )ord *Four, a(ain substituted b+ )ord *Five, vide NWFP Public Service Commission Ordinance,

!!- (Ordinance No" . of !!-), notified Ordinance, !! (Ordinance

on /th 'u(ust, !!17- Proviso to sub section (.) of section - substituted vide NWFP Public Service Commission (Second 'mendment)

No" ###%% of !! , notified on ./th September, !! "

176 Section -', inserted vide NWFP Ordinance No" ##$%% of

!! , notified on &th 'u(ust, !! " a(ain inserted vide NWFP Ordinance No" ##$%% of !! ,

17. Section 0, )hich )as omitted b+ NWFP 'ct No"## of .&12,

notified on &th 'u(ust, !! "

-55

0. Remo1al from -ffice. % ! member shall not be removed from office e(cept in the

manner applicable to a Fud*e of a 8i*h Court and upon a reference made b" the 0overnor& ".
154F

,,F/nctions

of the 'ommission. % (1) 3he functions of the Commission shall

beTTT (a) to conduct tests and e(aminations for recruitment of persons to& (i) the civil services of the Province and civil posts in connection ith the affairs of the Province in basic pa" scales 1B and above or e:uivalent, and (ii) posts in basic pa" scales 11 to 17 or specified in follo in* Gepartments (e(cept the Gistrict cadre posts)& 1& Civil Secretariat (throu*h 'stablishment Gepartment); -& Koard of 9evenue; 6& Police Gepartment; .& Prison Gepartment; 7& Communication L 2orks Gepartment; B& %rri*ation Gepartment; 5& %ndustries, ,abour L #anpo er Gepartment; ?& 8ealth Gepartment; 4& 'ducation departmentH 1/& ,ocal 0overnment and 9ural Gevelopment Gepartment; 11& '(cise and 3a(ation department; 1-& Food department; 16& Ph"sical Plannin* L 'nvironment Gepartment includin* +rban Gevelopment Koard; and 1.& Er*ani>ations, e(cept autonomous bodies, under the 8ealth and 'ducation

Gepartments; (b) to advise the 0overnorTTT (i) on matters relatin* to :ualifications for, and method of recruitment to, services and posts referred to in clause (a); (ii) on the principles to be follo ed in makin*$ (1) initial appointments to the services and posts referred to in clause (a); (-) appointments b" promotion to posts in KPS-15 and above; and
177 Section 2 substituted vide NWFP Public Service Commission ('mendment)

Ordinance, !! (Ordinance No" ##$%% of !! ,

notified on &th 'u(ust, !! "

-5?

(6) transfer from one service to another; and (iii) on an" other matter hich the 0overnor ma" refer tothe Commission& E2(lanation. % %n this section, recruitment means initial appointment other than b" promotion or transfer& (-) 9ecruitment to the follo in* posts shall be outside the purvie of the Commission$ (i)
15F

17Bpost

pertainin* to household staff in the 0overnorHs 8ouse

and Chief #inister 8ouse; (ii) posts to be filled on ad hoc basis for a period of
175one
156F

"ear or

less; provided that before fillin* the post, prior approval shall be obtained from the Commission; (iii) posts to be filed b" re-emplo"in* a retired officer; provided that the re-emplo"ment is made for a specified period not e(ceedin* t o "ears in a post not hi*her than the post in hich the person as emplo"ed on re*ular basis before retirement& 3. 'ommission to be informed 4hen its ad1ice not acce(ted. % 2here the 0overnor

does not accept the advice of the Commission, he shall inform the Commission accordin*l"& !. Re(ort of 'ommission. % (1) %t shall be the dut" of the Commission to present to the 0overnor annuall" a report on the shall cause a cop" of the report to be laid before the Provincial !ssembl"& (-) 3he report referred to in sub-section (1) shall be accompanied b" a memorandum settin* out so far as is kno n to the CommissionTT (a) the cases, if an", in hich the advice of the Commission as not accepted and the reasons therefor; and (b) the matters, if an", on hich the Commission ou*ht to have been consulted but as not consulted and the reasons therefor& 5. R/les. % 0overnment ma", b" 1otification in the Efficial 0a>ette, make rules for carr"in* out the purposes of this Erdinance&
17B Clause 175 3he

ork done b" the Commission, and the 0overnor

(i) substituted vide 12FP PSC(!mendment) !ct -//6 (12FP !ct 1o& ;%< of -//6)&

ords Csi( monthsD substituted for the ords Cone "earD b" 12FP Public Service Commission

(!mendment) !ct, -//? (12FP !ct 1o& <% of -//?) published in the 12FP 0a>ette e(traordinar" on 4th Fanuar" -//4(pa*e-6-5-6-?)&
-54
157F

,3

5A. Po4er of the 'ommission to ma6e re./lation. % Subject to the provisions of this

Erdinance and the rules made thereunder, the Commission ma" make re*ulations for carr"in* out the purposes of this ErdinanceD& . Re(eal. % 3he 1orth-2est Frontier Province Public Service Commission !ct, 1456 (1&-2&F&P& !ct ;%; of 1456), is hereb" repealed& SC3EDULE GSection %AI %,TTTTTTTTTTTTTTTTTTTTTTTTTT do solemnl" s ear that % alle*iance to Pakistan& 3hat, as a Chairman (or #ember) of the 1orth-2est Frontier Province Public Service Commission, % the ill dischar*e m" duties and perform m" functions honestl", to ill bear true faith and

best of m" abilit" and faithfull" in accordance 9epublic of Pakistan and the la bein* and prosperit" of Pakistan&

ith the Constitution of the %slamic ell

and al a"s in the interest of the solidarit", inte*rit" and

3hat % ill not allo an" personal interest to influence m" official conduct or m" official decisions and that in the performance of m" functions, hether in the selection of persons for recruitment of appointment or in an" other favour, affection or ill- ill&
( !ppendi( C!D added vide 1otification 1o& SE9 % (SL0!G) 1-44M 56 (<ol&%) dated 4&.&14??)
17?Section

a", %

ill act

ithout fear or

.! ' inserted vide NWFP Public Service Commission ('mendment) Ordinance, !! (Ordinance No" ##$%% of !! ), notified on & th

'u(ust, !! "

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GOVERNMENT OF N.4.F.P. SERVICES AND GENERAL ADMINISTRATION DEPARTMENT NOTIFICATION --nd Gecember, 14?6 1o& SE9%(SL0!G)1-44M 56$- %n e(ercise of the po ers conferred b" Section 1/ of the 1orth 2est Frontier Province Public Service Commission Erdinance, 145? (1&2&F&P& Erd& ;% of 145?), and in supersession of the 1orth 2est Frontier Province Public Service Commission (Functions) 9ules, 145., the 0overnor of the 1orth 2est Frontier province is pleased to make the follo in* rules, namel"$ T3E NORT304EST FRONTIER PROVINCE PU;LIC SERVICE COMMISSION =FUNCTIONS> RULES* +,8. 1& Short title and commencement&- (1) 3hese rules ma" be called the 1orth-2est Frontier Province Public Service Commission (Functions) 9ules, 14?6& (-) 3he" shall come into force at once& -& Definition. 0 %n these, rules, unless the conte(t other ise re:uires, the follo in* e(pressions shall have the meanin* hereb" respectivel" assi*ned to them, that is to sa" [

(a) CCommissionD means the 1orth-2est Frontier Province Public Service Commission; (b) C'(aminationD means a ritten e(amination prescribed for initial recruitment to an" post or service; (c) C0overnmentD means the 0overnment of the 1orth 2est Frontier Province; (d) C%nitial 9ecruitmentD means appointment made other ise than b" promotion or transfer; (e) CErdinance means the 1orth-2est Frontier Province Public Service Commission Erdinance, 145?; (f) CProvinceD means the Province the 1orth-2est Frontier ; (*) CScaleD means the Kasic Scale of Pa" in hich a post or *roup of posts is placed; (h) CScheduleD means the Schedule to these rules; (i) C3estD include sin*le paper screenin* test in the relevant fieldM *eneral kno led*e and intervie M viva voce& 6&
158F

174F(nctions

of t'e Commission& [ 3he Commission shall

= > Con"(ct tests n" e1 min tions for recr(itment of persons to/
1749ule

6 substituted vide 1otification 1o& SE9&%('L!G)1-44M56 (<ol&%<) dated -&11&-//-&

-?1

i) the civil services of the Province and civil posts in connection ith the affairs of the Province in basic pa" scales 1B and above or e:uivalent; and ii) posts in Kasic Scale 11 to 17 or e:uivalent specified in the follo in* departments (e(cept the Gistrict cadre posts)$ 1& Civil Secretariat (throu*h 'stablishment Geptt) -& Koard of 9evenue& 6& Police Gepartment& .& Prison Gepartment& 7& Communication L 2orks Gepartment& B& %rri*ation Gepartment& 5& %ndustries, ,abour, #anpo er and 3echnical 'ducation Gepartment&

?& 8ealth Gepartment& 4& 'ducation Gepartment& 1/& ,ocal 0overnment and 9ural Gevelopment Gepartment& 11& '(cise and 3a(ation Gepartment& 1-& Food Gepartment& 16& Ph"sical Plannin* and 'nvironment Gepartment includin* +rban Gevelopment Gepartment, and 1.& Er*ani>ations, e(cept autonomous bodies under the 8ealth and 'ducation Gepartment& =)> To "vise t'e Governor/ 0 i) on matters relatin* to :ualifications for, and methods of recruitment to, services and posts referred to in clause (a) ii) on the principles to be follo ed in makin*; 1& initial appointments to the services and posts referred to in clause (a) -& appointment b" promotion to posts in KPS-15 and above; and 6& transfer from one service to another; and =c> deal ith an" other matter hich the 0overnor ma" refer to the Commission& E1p# n tion$ - %n this rule, recruitment means initial appointment other than b" promotion or transfer&D .& E1ception$ - 1ot ithstandin* an"thin* to the contrar" contained in rule 6, recruitment to the follo in* posts shall be outside the purvie of the Commission$ -?-

i) posts in the 0overnor 8ouse; ii) posts to be filled on ad hoc basis for a period of
1B/@one
159F

"earA or less;

provided that before fillin* the posts, prior approval shall be obtained from the Commission; iii) posts to be filled b" re-emplo"in* a retired officer; provided that the re-emplo"ment is made for a specified period not e(ceedin* t o "ears in a post not hi*her than the post in hich the person as emplo"ed on re*ular basis before recruitment&

7& A"vice of t'e Commission to )e or"in ri#9 ccepte"[ 3he advice of the Commission shall ordinaril" be accepted in all matters relatin* to the functions of the Commission& %f it is proposed not to accept the advice of the Commission, the case shall be submitted to the 0overnor, throu*h the Services and 0eneral !dministration Gepartment& B Screenin2 Test. - %n cases here there is no ritten e(amination prescribed, the Commission ma" decrease the number of candidates on the basis of their academic record in accordance ith the formula at !ppendi( C!H ith particular reference to the prescribed >onal allocation or b" holdin* screenin* test in the relevant field or *eneral kno led*e& %f it considers that callin* all the eli*ible candidates for the viva voce account of disproportionatel" e(cessive number of candidates as compared to the vacancies available, an in-ordinate dela" or ould other ise be counter productive&D (ii) Ene mark shall be deducted for passin* an e(amination in parts& (iii) 3en marks shall be reserved for distinctions and ill be a arded for standin* 6rd, -nd or 1st in +niversit"M Koard at the rate of 1, - and 6 respectivel" provided the e(amination as passed in the first division and as not a supplementar" e(amination& (iv) %n e(ceptional cases here no division or marks are indicated in a Certificate or Ge*ree, the Commission ma" adopt a judicious "ardstickM parameters for their relative academic assessment& 5& Report of t'e Commission. 3he report to be presented to the 0overnor under Section 4 of the Erdinance, shall be presented b" the Commission b" the 61 st da" of #arch in each calendar "ear& %n addition to the memorandum referred to in the said section, the Commission ma" include in the report$ (a) the cases in hich implementation of the recommendations of the Commission, in its opinion, as dela"ed; ould entail, on

(b) the cases pertainin* to civil liti*ation, if an", in hich the Commission as a part"; (c) details of posts for hich ade:uate number of :ualified candidates ere not available; and (d) an" su**estion that the Commission considers appropriate for improvement of educational standard and service efficienc"&
1B/

ords CSi( monthsD replaced

ith Cone "earD vide 12FP PSC (!mendment) !ct, -//? (12FP !ct 1o& <% of

-//?) dated 4&1&-//4& -?6

!PP'1G%; C ! D FE9#+,! FE9 !SS'SS#'13 EF !C!G'#%C 9'CE9G (i) For the purpose of assessment of academic record of the candidates, their :ualification and nature of the post shall be taken into vie and it shall be cate*ori>ed as Professional or 1on-professional& 3he follo in* formula shall appl" to the t o different cate*ories$ For Professional Posts (./ #arks) For 1on-Professional Posts (./ #arks) Givision %st Profess ional -nd profes sional 6rd Professional .th Profes sional Givision #atric F&!&M F&Sc K&!&M K&Sc #&!&M #&Sc

` FOR FOUR EFAMINATIONS 1st Givision 1/ 1/ 1/ 1/ 1st Givision . ? 1- 1B -nd Givision ? ? ? ? -nd Givision - B 1/ 1. 6rd Givision B B B B 6rd Givision 1 7 4 16 FOR T3REE EFAMINATIONS 1st Givision 16 16 16 - 1st Givision 1/ 1. 1B -nd Givision 11 11 11 - -nd Givision ? 1/ 1- 6rd Givision ? ? ? - 6rd Givision B ? 1/ FOR T4O EFAMINATIONS 1st Givision -/ -/ - - 1st Givision 17 -7 - -nd Givision 1B 1B - - -nd Givision 1- -/ - 6rd Givision 1- 1- - - 6rd Givision 1/ 17 - -?.

1E3%F%C!3%E1
Gated 11th Ectober, -/1/ 1o&SE('-%) 'L!GM4-67M-/1/$- 3he competent authorit" is pleased to constitute ith immediate effect a Search Committee, comprisin* the follo in* for appointment of

#embersMChairman, of the Qh"ber Pakhtunkh a Public Service Commission, Pesha ar$(i) Chief Secretar", Qh"ber Pakhtunkh a Chairman (ii) #r&!>am Qhan, former Chief Secretar" #ember (for 6 "ears) (iii) !dditional Chief Secretar", PLG #ember (iv) #r&%mtia> 0illani, <&C& +niversit" of 'n*ineerin* L 3echnolo*", Pesha ar& #ember (for 6 "ears) (v) !n #P! to be nominated b" the Chief #inister& #ember (for duration of his incumbenc") (vi) Secretar" 'stablishment Secretar" 3E9s EF 38' CE##%33''$ 1& ,east re*ard shall be paid to the >one to hich the chairman belon*s at the time of selection, but his domicile shall count for the purpose of >onal representation& -& !s far as possible e:ual representation in membership to different >ones shall be ensured& 6& 3echnical services ma" be represented to the e(tent of t o, one each from 'n*ineerin* and 8ealth Sector& .& !s far as possible technical member shall be replaced ith a technical member& 7& 3he Search Committee shall ensure that the proposed members are$(a) Gomiciled in Qh"ber Pakhtunkh a& (b) Persons of repute ith kno n inte*rit" and honest" ith an unblemished record of public service& (c) Kalanced and impartial& (d) %n case of e(-*overnment servants, have retired in KS--/ or above, ith -/ "ears outstandin* service and are selected in such a a" that their term of office as members e(pires on attainin* the a*e of BB "ears& (e) Qno led*eable, ell-read and broadl" educated& (f) Qeen of intellects and ph"sicall" fit& (*) Ene female member is al a"s to be ensured&

C8%'F S'C9'3!9N, 0E<3& EF Q8NK'9 P!Q83+1Q82!

-?7

ReE(isition to t'e N4FP P()#ic Service Commission % am directed to refer to the subject noted above and to state that it has been observed that piece-meal re:uisitions are sent b" the 0overnment Gepartments for fillin* in vacancies b" the 12FP Public Service Commission& Sometimes calculation of vacant posts stems from short term estimates sans anticipation, hereas sometimes posts are not deliberatel" reported to the Commission& 3his practice, as a hole, is a*ainst the spirit of *ood *overnance resultin* in inordinate but avoidable dela"s in the recruitment process and e(tension of undue advanta*e to ad hoc appointees& Conse:uentl", efficienc" of the services and improvement in service deliver" cannot be achieved& 3he competent authorit" after takin* stock of the above situation has decided that henceforth all the 0overnment departmentsMoffices shall ensure that re:uisitions are sent to the 12FP Public Service Commission complete in all respects and should reflect not onl" all the e(istin* vacant posts but also posts likel" to become vacant durin* the ne(t ei*hteen months on account of retirement etc fallin* to the initial recruitment :uota under the rules& 3his ill be filled and *overnment ill not suffer& % am, therefore, directed to re:uest that the above decision ma" kindl" be noted and also disseminated to all concerned for strict compliance&
(!uthorit"; letter 1o&SE9-<%M'L!GM1-1/M-//M<ol&;, dated 5th Ectober, -//?)

ill ensure that on arrival of the selectees of the Commission, all the vacant posts

Appointments t'ro(2' P()#ic Service Commission 0

De# 9s *C (ses n" Reme"ies. %t has been observed that despite the aforesaid instructions, appointment of the selectees of the Commission is dela"ed on one or other reason hich not onl" causes inconvenience to the selectees but also adversel" affects functionin* of the 0overnment& % am therefore to emphasis once a*ain that appointment orders of the selectees of the Commission should be issued ithin t o months in case of servin* candidates in hose cases perusalMverification of !C9s is involved and in other cases ithin one month& -& %t has also been observed that appointments in such cases are also dela"ed due to late medical e(amination of the candidates b" the Standin* #edical Koard& 3he matter has been e(amined and in order to avoid dela", it has been decided not to e(amination and process cases seekin* approval of the !ppointin* !uthorities subject to medical fitness of the selectees of the Commission b" the aforesaid Koard&
(!uthorit"$ Circular letter 1o&SE9%%(SL0!G)7(1?)M?7(Pt&%), dated -5&-&144-)&

ait for medical

Piece0me # ReE(isition %t has been observed that the Gepartments some times do not report all the available vacancies to the Commission& 3his results not onl" in the dela" of the recruitment process but also provides undue advanta*e to the !d hoc MContract appointees because such appointees are adjusted a*ainst the vacancies, Commission& %t is therefore re:uested that the Gepartments ma" please esche the practice of placin*
-?B

hich

ere not previousl" reported to the

piecemeal re:uisitions& !ll vacancies of a "ear ma" please be placed on the Commission once for all to enable the Commission to make recommendations a*ainst all the available posts&

(!uthorit"/0Sub Para (b) of Para - of circular letter 1o&SE9%%(SL0!G)7(1?)M?7, dated 1-&1-&14?4&)

Verific tion of ntece"entsCMe"ic # E1 min tion <erification of candidates shall be restricted to criminal record onl"& 3his reference to the Police Gepartment ill be made immediatel" after the appointment of a candidate and conve"ed durin* his probationar" period& 3he candidate shall, ho ever, be e(amined medicall" b" the Standin* #edical Koard before his appointment orders are issued&
(!uthorit"/0 Sub Para(k) of Para - of circular letter 1o SE9%%(SL0!G)7(1?)M?7, dated 1-&1-&14?4&)

Determin tion of "omici#e of m rrie" :omen for entr9 into Government service.

% am directed to sa" that a :uestion has arisen hether a female married candidate can be considered to have the same domicile as that of her husband& 3he concept of domicile of a oman for the purpose of 0overnment job has been anal"sed comprehensivel" b" the ,ahore 8i*h Court in 2rit Petition 1o&645MS of 145in case Gr&#rs&#una ar Raheen <ersus the Secretar", Punjab Public Service Commission, ,ahore and - others (P,G 145. ,ahore 6B) vi>-a-vi> the administrative instructions and statutor" rules on the subject applicable in the Province of Punjab& 3he vie taken b" the ,ahore 8i*h Court reads as follo s$C2oman 0overnment servant [!c:uire domicile of husband if married before entr" into 0overnment service, such servant if married after entr" into 0overnment service shall, ho ever, retain her ori*inal domicile i&e& one held at the time of entr" into service&D %t has no been decided in consultation ith 0overnment of Pakistan, Fustice Givision, that if a be treated to have ac:uired the domicile of her husband, but if she *ot married after entr" into 0overnment service she should retain her ori*inal domicile held at the time of entr" into service& (!uthorit"; 1o&SE9%%(SL0!G)7(4)M?-, dated 4th Februar", 14?4) E1emption of fem #e c n"i" tes from verific tion t'ro(2' Po#ice Dep rtment for emp#o9ment (n"er t'e Government. 3he competent authorit" has been pleased to e(empt female candidates from Police oman *ot married before entr" into 0overnment service, she should

verification on their appointment to 0overnment Service& For verif"in* antecedents of female candidates a certificate from *a>etted officer in KPS-15 and above be treated as sufficient&
(!uthorit"; letter 1o&SE9&%%%('L!G)4-?M?B, dated .&6&-//-)
-?5

<oinin2 Time Prescri)e" perio" for Moinin2 Government Service. 1o time limit stands prescribed in an" rule for joinin* 0overnment service b" a selectee of 12FP Public Service Commission& %n order to *uard a*ainst an" inordinate dela"s in joinin* service b" selectees of the Commission, % am directed to re:uest "ou to kindl" ensure that in future a period of 6/ da"s of joinin* time should invariabl" be stipulated in the offer of appointment to the selectees to 0overnment service&
(!uthorit"$,etter 1o&SE9%%(SL0!G)1(-B)M?B, dated -/&1/&14?B)&
-??

T3E N4FP SU;ORDINATE <UDICIAR5 SERVICE TRI;UNAL ACT*+,,+. 1& S'ort tit#e* pp#ic tion n" commencement/0 (1) 3his !ct ma" be called the 1orth2est Frontier Province Subordinate Fudiciar" Service 3ribunal !ct,1441& (-) %t shall appl" to all members of subordinate Fudiciar" herever the" ma" be& (6) %t shall come into force at once& -& Definition/0 %n this !ct, unless the conte(t other ise re:uires/0 (a) )Chairman) means the Chairman of the 3ribunal; (b) )0overnment) means the 0overnment of the 1orth-2est Frontier Province& (c) )0overnor) means the 0overnor of 1orth-2est Frontier Province; (d) )#ember) means a #ember of the 3ribunal and includes the Chairman; (e) )#embers of Subordinate Fudiciar") means and include all the Fudicial Efficers under the administrative control of the Pesha ar 8i*h court; (f) )3ribunal) means the Service 3ribunal established b" this !ct and includes a Kench thereof& 6& Tri)(n #/0 (1) 3he 0overnor ma" b" 1otification in the Efficial 0a>ette establish a

Service 3ribunal for the 1orth-2est Frontier Province& (-) 3he 3ribunal shall have e(clusive jurisdiction in respect of matters relatin* to terms and conditions of the service of members of Subordinate Fudiciar" includin* disciplinar" matters& (6) 3he 3ribunal shall consist of four sittin* Fud*es of the Pesha ar 8i*h Court to be nominated b" the Chief Fustice of hom the senior most shall be the Chairman& Provided that Fud*e a*ainst hose orders an appeal is preferred shall not be member of the 3ribunal& .& Constit(tion of ;enc'es/0 (1) 1ot ithstandin* an"thin* contained in Section 6, Chairman ma" constitute a Kench consistin* of t o #embers Chairman and hen so constituted a Kench shall be deemed to be a 3ribunal& (-) %f a Kench is unable to arrive at an unanimous decision in an appeal, the matter shall be referred to an" one of the remainin* t o #embers of the 3ribunal as the Chairman ma" determine and the decision of the 3ribunal shall be e(pressed in terms of the opinion of the majorit"&
-?4

ith or

ithout the

(6) 3he Chairman ma" at an" sta*e of hearin* of an appeal ithdra it from the 3ribunal and entrust it to a Kench or ma" and make it over to another Kench or to the 3ribunal& 7& Appe # to Tri)(n #/0 !n" member of Subordinate Fudiciar" a**rieved b" an" final order, of the terms and conditions of his service ma", ithin thirt" da"s of the communication of such order to him or ithin si( months of the establishment of the 3ribunal, hichever is later, prefer an appeal to the 3ribunal& Provided thathether ori*inal or appellate, made b" a departmental authorit" in respect of an" ithdra an" appeal pendin* before a Kench

(a) here an appeal, revie or representation to a departmental authorit" is provided under the 1orth-2est Frontier Province Civil Servants !ct,1456 (12FP !ct ;<%%% of 1456), or an" rules a*ainst an" such orders, no appeal shall lie to the 3ribunal unless the a**rieved person has preferred an appeal or application for revie or representation to such departmental authorit" and a period of ninet" da"s has elapsed from the date on hich such appeal, application, or representation as so preferred; (b) no appeal shall lie to the 3ribunal a*ainst an order or decision of a departmental authorit" determinin*(i) the fitness or other ise of a person to be appointed to or hold a particular post or to be promoted to a hi*her post; or (ii) the :uantum of departmental punishment or penalt" imposed on a member of Subordinate Fudiciar" as a result of departmental in:uir", e(cept here the penalt" imposed is dismissal from service, removal from service or compulsor" retirement or an" minor penalt" as defined in the rules& E1p# n tion/0%n this section )Gepartmental !uthorit") means the authorit", other than a 3ribunal hich is competent to make an order in respect of an" of the terms and conditions of service of members of Subordinate Fudiciar"& B& Po:ers of Tri)(n #/0 (1) 3he 3ribunal ma", on appeal, confirm set aside var" or modif" the order appealed a*ainst& (-) 3he 3ribunal shall for the purpose of decidin* an" appeals, be deemed to be a Civil Court and shall have the same po ers as are vested in sub court under the Code of Civil Procedure,14/?(!ct < of 14/?), includin* the po ers of(a) enforcin* the attendance of an" person and e(aminin* him on oath& (b) compellin* the production of documents; and (c) issuin* commission for the e(amination of itnesses and documents& (6) 1o court fee shall be pa"able for preferrin* an appeal to or filin*, e(hibitin* or recordin* an" document in, or obtainin* an" document from a 3ribunal&
-4/

5& Limit tion/03he provisions of Section 7 and 1- of the ,imitation !ct, 14/? (%; of 14/?), shall appl" to appeals under this !ct& ?& Tr nsfer of Appe #/0 !ll appeals pendin* before the 3ribunal established under the 1orth-2est Frontier Province Service 3ribunal !ct,145.(12FP !ct % of 145.) , relatin* to members of Subordinate Fudiciar" shall stand transferred to the 3ribunal established under this !ct& 4& R(#es /0 3he 0overnment ma", b" 1otification in the Efficial 0a>ette, make rules for carr"in* out the purposes of this !ct& 1/& Repe #/03he 1orth-2est Frontier Province Subordinate Fudiciar" Service 3ribunal Erdinance, 1441(12FP Erd&1o&%%% of 1441) is hereb" repealed&
-41

N4FP SU;ORDINATE <UDICIAR5 SERVICE TRI;UNAL RULES*+,,+. 1& S'ort tit#e n" commencement /0(1) 3hese rules ma" be called the 1orth-2est Frontier Province Subordinate Fudiciar" Service 3ribunal 9ules,1441& (-) 3he" shall come into force at once& -& Definition/0%n these rules, unless the conte(t other ise re:uires, the follo in* e(pressions shall have the meanin*s hereb" respectivel" assi*ned to them, that is to sa"(a) )!ct) means the 1orth-2est Frontier Province Subordinate Fudiciar" Service 3ribunal !ct, 1441 (12FP !ct 1o&<%%% of 1441); (b) )Chairman) means the Chairman of the 3ribunal& (c) )#ember) means a member of the 3ribunal& (d) )9e*istrar) means the 9e*istrar of the 3ribunal, and includes an" other person authorised b" the 3ribunal to perform the duties and functions of the 9e*istrar under these rules; and (e) )3ribunal) means the 3ribunal established under section 6 of the !ct and includes a Kench constituted under section . thereof& 6& 4or!in2 'o(rs/03he 3ribunal shall observe such hours of sittin*s as it ma" determine&

.& 3o#i" 9s /03he 3ribunal shall observe such holida"s as are notified b" 0overnment, and such local holida"s as are observed b" the Pesha ar 8i*h Court, Pesha ar& 7& Sittin2 of Tri)(n #/03he 3ribunal shall hold its sittin* at Pesha ar& B& Proce"(re to prefer Appe #/0(1) !n appeal to the 3ribunal ma" be sent b" 9e*istered post or presented to the 9e*istrar personall" or throu*h an advocate, durin* orkin* hours& (-) 'ver" memorandum of appeal shall(a) be le*ibl", correctl" and concisel" ritten or printed; (b) be divided into para*raphs numbered consecutivel", each para*raph containin* as nearl" as ma" be separate alle*ation; (c) containin* the full name, official desi*nation and place of postin* of each part"; (d) clearl" set out the relief claimed;
-4-

(e) be accompanied b"(i) a cop" of the seniorit" list or other order of the competent authorit" fi(in* seniorit", or in other cases, cop" of the impu*ned order; a*ainst hich the appeal is directed; (ii) copies of rules, orders and other documents on hich the appellant proposed to rel" in support of his claim; (f) be si*ned b" the appellant; (*) be accompanied b" four spare copies of the memorandum of appeal and as man" other copies thereof, complete in all respects, si*ned b" the appellant and accompanied b" the document referred to in clause(e), as there are respondents; Provided that here the 3ribunal is satisfied that it is not possible for an appellant to produce an" document referred to in clause (e), it ma" aive the provision of the said clause& Note/ For the purposes of sub-clause(i) of clause(e), the appointin* authorit" or an" other authorit" to hom the po ers to make decision re*ardin* seniorit" of a

member of the Subordinate Fudiciar" have been dele*ated shall prepare and notif" in the official 0a>ette a list of seniorit" of the members of the subordinate Fudiciar" under its administrative control and the list so prepared shall be maintained upto date and shall be revised at least once a "ear preferabl" in the month of Fanuar"& (6) 'ver" memorandum of appeal shall be presented to the 9e*istrar in the covers and be accompanied b" a t"ped or printed inde( of papers failin* not be entertained& (.) %n ever" memorandum of appeal, the competent authorit" hose order is challen*ed shall be sho n as 9espondent 1o&1 and ever" civil servant affected b" the relief claimed, shall also be sho n as respondent; Provided that if the competent authorit" hose order is challen*ed is the Chief Fustice or a Fud*e of the Pesha ar 8i*h Court throu*h the 9e*istrar, Pesha ar 8i*h Court shall be sho n as 9espondent 1o&1& (7) 2here an appeal is presented after the period of limitation prescribed in the !ct, it shall be accompanied b" a petition supported b" an affidavit settin* forth the cause of dela"& 5& Scr(tin9 of ppe #s/0 3he 9e*istrar shall scrutini>e ever" memorandum of appeal received b" post, or presented to him and shall-46 (a) if it is in order and dra n up in accordance ith the fore*oin* provisions, cause it to be re*istered in the 9e*ister of !ppeals to be maintained b" the 3ribunal; (b) if it is not dra n up in the manner herein before prescribed, return it to the appellant or his advocate for amendment, ithin a time to be specified in an order to be recorded b" him on the memorandum of appeal, pointin* out the deficienc"; (c) here the memorandum of appeal is not dra n up in the manner herein before ho ma" be hich the appeal ma"

prescribed and the appellant or his advocate fails to amend the same ithin the period specified b" the 9e*istrar, the 3ribunal ma" pass such order as it ma" deem fit& ?& A"mission of t'e time ) rre" ppe #s/0!n" appeal ma" be admitted after e(pir" of the period of limitation prescribed therefor he had sufficient cause for not preferrin* the appeal the 3ribunal as to the sufficienc" of cause shall be final& 4& Fi1 tion of " te of 'e rin2/0 (1) 3he 3ribunal ma", after fi(in* a da" for hearin* the appellant, and hearin* him or advocate, dismiss the appeal in limine& (-) %f the appeal is not dismissed in limine, notices of admission of appeal and of the da" fi(ed for its hearin*, issued under the si*nature of the 9e*istrar or an" other official authorised b" him in this behalf, shall, subject to the provisions of 9ule 1/, be served on the appellant and the respondents, or on their advocates if the" are so represented, and on such other persons as the 3ribunal ma" deem proper& (6) '(cept as other ise directed b" the 3ribunal, for reasons to be recorded in ritin*, the cases shall be fi(ed for hearin* on their o n turn, accordin* to the dates of their admission& 1/& Deposit of Sec(rit9 etc/- (1) %f the appeal is admitted, the appellant shall deposit ith the 9e*istrar/0 (a) cash securit" for costs in the sum of 9s&1//&// (rupees one hundred onl"); and (b) such cost of service of notices on the respondents as ma" be determined b" the 9e*istrar, includin* the cost of publication, if it is desirable to serve the here he is represented b" an advocate, hearin* the ithin such period and the decision of hen the appellant satisfies the 3ribunal that

notices b" publication in the ne spapers& (-) %f ithin 1/ da"s of the admission of appeal, the appellant does not deposit the securit" and the cost of service of notices, the appeal ma" be dismissed& 11& Service of Notices/0(1) ! notice under sub-rule(-) of 9ule 4 ma" be served b" re*istered post or in an" other manner as the 3ribunal ma" direct& (-) 3he notices to the respondents shall be accompanied b" a cop" of the memorandum of appeal and all the documents appended there ith&
-4.

(6) 3he 3ribunal ma", here the number of respondents is lar*e or here other ise the 3ribunal considers it appropriate or desirable to do so, direct that in addition to sendin* a cop" of the notice to the respondents b" re*istered post, the notice shall be published in one or more dail" ne spapers havin* circulation in the areas here the respondents ordinaril" reside or are servin*& (.) Service of notice in accordance ith the provisions of this 9ule shall be as effectual as if it had been made on the respondents personall", and it shall not be necessar" to prove that a part" has actuall" received the notice& 1-& S()mission of o)Mections )9 respon"ents/0(1) ! respondent on hom a notice of appeal has been served under the provisions of 9ule 11 shall send his ritten repl" b" re*istered post(!ckno led*ement Gue) to the 9e*istrar, or deliver the same to the 9e*istrar personall" or throu*h an advocate, not late than seven da"s before the date specified in the notice for the hearin* of the appeal& (-) 3he repl" shall be correctl" and concisel" ritten, t"pe ritten or printed, shall be si*ned b" the respondent and shall be accompanied b" a cop" of ever" seniorit" list, or order or other documents on case& (6) 3he ritten repl" shall be accompanied b" . spare copies thereof, complete in hich the respondent ishes to rel" in support of his

all respects and containin* copies of the lists, order and documents referred to in subrule(-), for use of the 3ribunal& 16& Determin tion of E(estions/0(1) Ouestions arisin* for determination b" the 3ribunal shall be decided ordinaril" upon affidavits and documents proved b" affidavits, the 3ribunal ma" direct that such :uestions as it ma" consider necessar" be decided on such other evidence and in such manner as it ma" deem fit& (-) 3he part" affected b" an affidavit ma" be permitted b" the 3ribunal to crosse(amine the deponent ith reference to the statements in the affidavit& 1.& S(mmonin2 of 4itnesses/0(1) ! list of itnesses shall be presented to the 3ribunal, and application for summonin* da"s after the service of notice of appeal under 9ule 11 re:uired to *ive evidence or to produce an" documents, shall *ive, *ive evidence, a brief resume of the evidence he is e(pected to *ive, and here a itness is re:uired to produce a document, *ive a brief description of the document so as to identif" it& (-) %f the 3ribunal is of the opinion that the evidence of an" itness specified in the list of of an appeal before it, it shall direct him to be summoned on a date to be fi(ed b" the 3ribunal, and direct that the dail" allo ance and travelin* char*es of such itness, at the rates admissible to itnesses appearin* in the 8i*h Court, should be deposited b" the person callin* him, ithin the period to be specified b" the 3ribunal& (6) %f a person appl"in* for the summonin* of a itness fails to deposit the re:uisite costs of the rule(-), itness, ithin the period specified b" the 3ribunal under subitnesses *iven under sub-rule(1) ill be of material assistance in the disposal here a itness is re:uired to hich shall state hether the" are itnesses before the 3ribunal shall be made, ithin 1/

or ithin an" e(tension thereof that ma" be *ranted b" the 3ribunal, the application for
-47

summonin* of itnesses, so far as it relates to such itness, shall be deemed to have been rejected& (.) %f the 3ribunal is of the opinion that the evidence of an" itness is necessar" for the disposal of an appeal before it, it ma" direct that the itness be summoned& (7) 2here a 3ribunal summons a itness under the provisions of sub- rule(.)(a) if such itness is a 0overnment servant, his travelin* and dail" allo ance, if an", shall be borne b" 0overnment; and (b) if such person is a private person, his travelin* and dail" allo ance shall be borne b" the appellant& (B) Process for service on itnesses of hi*h rank shall be sent in the form of a letter& (5) '(cept in ur*ent cases or as other ise ordered b" the 3ribunal, a summon re:uirin* a public officer to *ive evidence or to produce a document shall be served throu*h the 8ead of his office& 17& Evi"ence of :itnesses/0(1) 3he evidence of itnesses e(amined b" the 3ribunal shall be taken do n under the superintendence of the 3ribunal, ordinaril" in the form of a narrative and shall form part of the record& (-) 3he 3ribunal ma" record such remarks as it thinks material respectin* the demeanour of an" itness hile under e(amination& 1B& 4' t m 9 )e (r2e" )9 n ppe## nt/03he appellant shall not, e(cept b" the leave of the 3ribunal, ur*e, or be heard in support of an" *round of objections not set forth in the memorandum of appeal, but the 3ribunal, in decidin*, the appeal shall not be confined to the *rounds of objections set-forth in the memorandum of appeal or taken b" leave of the 3ribunal under these rules$ Provided that the 3ribunal shall not rest its decisions on an" other *round unless the

part" appeal

ho ma" be affected thereb" has had a sufficient opportunit" of contestin* the

on that *round& 15& Notice ;o r"/0(1) ! cause list shall be prepared under the orders of the 9e*istrar, hich shall be affi(ed on the notice board of the court room of the 3ribunal& (-) '(cept as other ise directed b" the 3ribunal, cases to be set do n in the cause list shall be in the order of the date of admission& 1?& 3e rin2 of Appe #/0(1) En the da" fi(ed, or on an" other da" to hich the hearin* ma" be adjourned, the appellant or his advocate shall be heard in the support of the appeal& (-) 3he 3ribunal shall then, if it does not dismiss the appeal at once hear the respondent or his advocate a*ainst the appeal and in such case, the appellant shall be entitled to repl"&
-4B

14& ConseE(ence of Non0 ppe r nce of t'e Appe## nt or Respon"ent/0 (1) 2here on the da" fi(ed for the hearin* of an appeal or an" other da" to hich the hearin* ma" be adjourned the appellant or his counsel, if an", does not appear for hearin*, the 3ribunal ma" make an order that the appeal stands dismissed& (-) 2here the appellant or his counsel, if an", appears and the respondent or his counsel, if an", does not appear, the appeal shall be heard e(-parte& (6) 2here an appeal is dismissed under sub-rule(1) or an e(-parte order made under sub-rule(-), the 3ribunal ma" for sufficient cause on an application made ithin 17 da"s restore the appeal or as the case ma" be set aside the e(-parte order on such terms as to costs or other ise as it thinks fit& Provided that no order of restoration of an appeal dismissed in default or settin* aside the e(-parte order shall be made unless notice of the application has been served on the opposite part"& -/& A""in2 Respon"ent/0 2hen it appears to the 3ribunal at the hearin* that an" person hen the appeal is called

ho has not been made a respondent in the appeal is interested in the result of the appeal, the 3ribunal ma" adjourn the hearin* to a further da" to be fi(ed b" the 3ribunal and direct that such person be made respondent& -1& Prono(ncement of Or"er/03he 3ribunal shall pronounce order in open court, either at once on the conclusion of ar*uments or on some future date of *iven to the parties or their advocates& --& Or"er re2 r"in2 costs* etc/0(1) 3he 3ribunal ma" make such order as to the costs of proceedin*s before it as it deems fit& (-) !n" cost a arded b" a 3ribunal hich cannot be paid out of the cash securit" deposited b" the appellant under 9ule 1/, if not paid b" the appellant of the order a ardin* the costs, shall, on the certificate of the 3ribunal, be recoverable from the appellant as arrears of land revenue& -6& No entert inment of ppe # in cert in c ses/03he 3ribunal shall not entertain an" appeal in decided b" a court or a 3ribunal of competent jurisdiction& -.& Appe## nt prec#("e" from )rin2in2 not'er ppe # in cert in c ses/02here an appeal has been 3ribunal, the appellant shall, unless other ise directed b" the 3ribunal, be precluded from brin*in* another appeal in respect of the same cause of action& -7& A"ministr tive f(nctions of t'e Tri)(n # to vest in t'e C' irm n/03he administrative functions of the 3ribunal e(cept the appointment of staff shall be performed b" the Chairman on behalf of the 3ribunal& -B& Constit(tion of ;enc'es/02here the amount of ork so justifies the Chairman ma", for the purpose of admission of appeals, constitute one or more benches, each bench ithdra n b" the appellant and is in conse:uence dismissed b" the hich the matter directl" and substantiall" in issue has alread" been finall" ithin one month hich notice shall be

consistin* of t o members to be nominated b" the Chairman&

-45

-5& A""ition # po:ers of t'e Tri)(n #/01othin* in these rules shall be deemed to limit or other ise affect the po ers of a 3ribunal to make such orders as ma" be necessar" for the ends of justice or to prevent abuse of the process of the 3ribunal& -?& F(rnis'in2 of cop9 of fin # "M("ic tion or"er )9 t'e Tri)(n # to t'e competent (t'orit9. ! cop" of ever" order of final adjudication on an appeal shall be furnished b" the 9e*istrar, free of cost, to the competent authorit" concerned effect to it& -4& Inspection of Recor"s/03he provisions contained in the 8i*h Court 9ules and Erders as applicable to the Pesha ar 8i*h Court, in re*ard to copies of inspection of record, shall mutatis mutandis and to the e(tent practicable appl" to proceedin*s before a 3ribunal&
-4?

hich shall forth ith *ive

Misc. Instr(ctions re2 r"in2 Co(rtCLiti2 tion c ses CONDUCT OF CASES IN T3E COURTS& 3he e(istin* instructions re*ardin* the conduct of cases of Provincial 0overnment in courts etc& are *iven in appendi( ;;<$APPENDIF0FFV Instr(ctions re2 r"in2 t'e con"(ct of c ses of t'e Provinci # Government in co(rts etc. (Suit of le*al proceedin*s b" 0overnment) 1o civil suit or le*al proceedin*s shall be instituted or initiated on behalf of the Provincial 0overnment b" an" Gepartment ithout the prior consultation ith the ,a Gepartment& -& 2hen the !dministrative Gepartment concerned considers it advisable that a suit or le*al proceedin*s be instituted or initiated on behalf of the 0overnment a detailed and clear

report should be furnished to the ,a Gepartment sho in*/0 (a) 3he circumstances hich, in the opinion of the !dministrative Gepartment, render institution of the suit or le*al proceedin*s necessar"& (b) 3he subject of the claim and the relief sou*ht& (c) 3he steps hich have been taken so far to obtain satisfaction of the claim& (d) 3he pleas or objections, if an", hich have been ur*ed b" the opposite part" a*ainst the claim& (e) 3he evidence, hich is believed to be obtainable and hich it is proposed to adduce in support of the claim& (f) !n" other facts hich the !dministrative Gepartment ma" consider material or relevant to the case& (*) ,ist of propert" moveable and immovable andMor securities from hich it is proposed to reali>e the amount claimed, if decreed& 6& Copies of all documents referred to in the report should, as far as possible, accompan" the report, here for an" reason, the copies cannot be supplied, the ori*inal should be submitted& .& %f the ,a Gepartment a*rees, it ill nominate a counsel to file and conduct the suit or le*al proceedin*s&
-44

Defence of s(its* etc 7& 1o suitMle*al proceedin*s be defended if the claim and relief sou*ht is justified and *enuine& B& 3he object of the notice prescribed b" Section ?/ of the Code of Civil Procedure is to allo ample time to the 0overnment to en:uire into the *enuineness or other ise of the claim or relief sou*ht and to affect a settlement of all just claims before a suit is brou*ht and the best use should be made of the opportunit" thus *iven b" the la and amicable adjustment of claims& 5& 2hen notice of an intended suit is *iven under Section ?/ of the Civil Procedure Code, the officer to hom it is delivered, or the 8ead of office at hich it is left, should to ards e:uitable

forth ith endorse, or cause to be endorsed on the notice/0 (a) the date and time of receipt; (b) the manner of deliver" ; and (c) the si*nature of the officer makin* the endorsement ith date& ?& 3he departmental officer concerned should, immediatel" on receivin* an" notice of an intended suit, proceed to en:uire into the matter and to consider the claim put for ard and move the proper authorit" to decide, in consultation an", and if so, hat steps should be taken to adjust the claim( hether in hole or in part) or hether the notice-*iver be left to take such le*al action as he ma" deem proper& 4& 2hen the departmental authorit" havin* po er to deal ith the case is clearl" of the opinion that the hole or an" part of the claim put for ard is justl" due, he should, in consultation ith the ,a Gepartment proceed to endorse settlement thereof accordin*l"& 1/& !n" amount held to be justl" due to the claimant should be formall" and unconditionall" tendered to him ithout prejudice and ithout re:uirin* him to *ive an ac:uittance in full adjustment of his claim, but upon a receipt for the sum tendered& 1o tender of pa"ment or pa"ments should be made after the suit has been brou*ht e(cept ith the approval of and in accordance ith the instructions of the ,a Gepartment& 11& +nder Erder <, 9ule -, CPC, the summon in a suit is re:uired to be accompanied b" a cop" of the plaint or concise statement thereof& %f a summon is not accompanied b" a cop" of plaintMpetition, or concise statement, service should be refused, if possible, ith a note re:uestin* for a cop" of the plaintMpetition and the matter should be brou*ht to the notice of the ,a Gepartment forth ith & %n no case, the duplicate cop" of the summons, hen received, should be returned to the court before sho in* the case to the ,a Gepartment& 1-& !t subse:uent sta*es of a suit and in appeals cop" of plaintMpetition, or of memo of ith the ,a Gepartment hether

appeal is not sent those notices a

ith the notice and :uite often Gepartments find it difficult to link

ith the main case in dispute& %t is, therefore, imperative that in each Gepartment,

Section, herein after referred to as the ,iti*ation Section, should be earmarked for dealin* ith or coordinatin* the liti*ation cases& 3his section should receive all summonsMnotices
6//

from courts, maintain a nominal inde( of liti*ation cases in the follo in* form, in a 9e*ister, and keep a atch over their pro*ress/0 1ame of Parties 1ature of cases& Subject Court Counsel File 1o& 9esult !KC <s Pakistan Civil Suit or !ppeal Service matter 8i*h Court Pesha ar !&0 Pesha ar V Gismissed 16& 2here service of summonMnotice not accompanied b" a cop" of plaint has been

affected, the court issuin* the summon, not bein* a 8i*h Court or the Supreme Court, should be immediatel" re:uested to suppl" the same and e(tend the date of hearin* accordin*l"& 3he matter should simultaneousl" be reported to the ,a Gepartment for further advice and appropriate action in the matter& 3he envelopes of such summonMnotice should be kept intact& 1.& 2hen a summon has been dul" served, the ,iti*ation Section should, after notin* its particulars in the 1ominal %nde( 9e*ister, pass it on to the concerned officer or Gepartment ho should collect relevant information and documentsM papers from the concerned :uarters, e(amine the matter thorou*hl" and then refer it to the Solicitor to the Provincial 0overnment in the ,a undertake the defence of the case, if considered necessar"& 17& 2here a summon does not *ive ade:uate time for e(amination and arran*in* defence, an authorised officer of the !dministrative Gepartment concerned should appear in person in the Court and appl", under 9ule 7 ;;<%% of the First Schedule to the Code of Civil Procedure, for a reasonable e(tension of time& %n the absence of prior notice under Section ?/ CPC, the Court is obli*ed to *ive at least 6 months time for the filin* of ritten statement and first hearin*& 1B& %n case of application for interim injunction pendentelite, time allo ed is usuall" 6 to 5 da"s& %f, for an" reason, it is not possible to arran*e defence in time, some reco*nised a*ent i&e a person holdin* po er of attorne" in this behalf, should appear in the Court on the date of Gepartment for further e(amination and nomination of an !dvocate to

hearin* and seek adjournment for about 17 da"s& 3hereafter, the case should be referred to the Solicitor ith utmost dispatch& +suall", plaints are to be read as part of the application for interim injunctions but :uite often copies of plaint are not supplied b" Courts alon* ith notices for the hearin* of such applications& 2here copies of plaint are not so received, the same should be procured from the Court before referrin* case to the ,a Gepartment& 15& !fter the ,a Gepartment has e(amined the case and nominated an !dvocate to defendMconduct it in a Court of la , a responsible officer of the !dministrative Gepartment concerned the seat of the Court, should contact and brief the counsel at the earliest and ne(t date of hearin* of the case& 3his responsibilit" should never be left to the subordinate staff& 1?& !lthou*h it should not normall" be necessar" for the departmental representative to be present in the Court on each date of hearin*, he should remain in touch counsel and keep atch over the pro*ress of the case& 2henever re:uired b" the counsel he must present himself in the Court and render all possible assistance to the counsel in the conduct of
6/1

ell-conversant

ith the facts of the case, and preferabl" stationed at or near ell before the

ith the

the case, as if it as his personal case, here, ho ever, a Gepartment has an officer at the station here the suit is pendin*, some one ma" be deputed to attend the Court and assist the counsel on each date of hearin* re*ularl"& Action on termin tion of Procee"in2s& 14& !s soon as a suit is decided, particularl" hen the decision is adverse to the

0overnment, the !dministrative Gepartment concerned should appl" immediatel", in the prescribed form, to the concerned Geput" Commissioner or the Gistrict Fud*e for copies of jud*ement and decree sheet )for official use) 3hese ould be supplied free of cost& %n addition, the counsel should also be asked to appl" separatel" for certified copies of jud*ement and decree-sheet& Appe #s -/& %f the decision is either holl" or partiall" adverse to the 0overnment, the matter should be reported immediatel" to the Solicitor& Complete record of the case, alon* ith copies of jud*ement and decree-sheet, should be sent to him thereafter as soon as these copies become available& Note/ Certified copies of jud*ement etc& should be kept b" the Gepartment in safe custod", as the same ma" have to be filed in court if appeal is to be filed and photostat copies thereof should be placed on the file& %n fact, ori*inal of all important documents should be kept b" the Gepartment in safe custod" as soon as liti*ation or threat of liti*ation starts& -1& !lthou*h time is the essence in liti*ation in *eneral, in appeal it is of utmost importance because the time allo ed for appeals is limited and appeals filed after the e(piration of limitation period are ordinaril" dismissed as barred b" time and no appeal lies a*ainst the refusal of a court to condone dela"& %t is, therefore, ver" necessar" that the liti*ation cases in *eneral and appeals in particular should be handled and dili*ence& 2hen time left for filin* an appeal is less than 5 da"s, an officer of the !dministrative Gepartment, not belo the rank of Geput" Secretar", should brin* the file personall" to the Solicitor& Note/ 3his should be follo ed in other court cases as ell hen the date of hearin* falls ithin 5 da"s&
6/-

ith promptness

Prep r tion of <oint P r 0:ise Comments )9 Dep rtments on )e' #f of C'ief Secret r9* S@GAD n" ot'er Respon"ents in t'e Co(rt c ses. 9eference ,a Gepartment=s Circular 1o&'L!(,G)B-1M41 dated .&1-&1446 hich interalia provides that the Section Efficer (,iti*ation) SL0!G ill process the cases for ac:uirin* approvalMauthentication of the para ise comments alread" cleared b" the ,iti*ation Cell SL0!G here Chief Secretar" or Secretar" SL0!G is made as respondent & Ether matters related to the liti*ation cases in ith b" the Section Efficer(,iti*ation)& -& %t has, ho ever, been observed that the !dministrative Gepartments do not observe the above formalit" and file separate Para ise comments, e(clusive of SL0!G before the Services 3ribunalM8i*h Court despite the fact that Chief Secretar", 12FP and Secretar" SL0!G are also respondents and joint para ise comments are, thus, re:uired to be submittedMfiled before the court& 6& %t is evident that SL0!G is not in possession of all the record pertainin* to the court cases of all !dministrative Gepartments, therefore, para ise comments on behalf of Chief Secretar" and Secretar" SL0!G dela"s abnormall" a*ainst Chief Secretar" and Secretar" SL0!G& 'nsuin* financial losses, anno"ance of Fud*es and displeasure of Chief #inister and Chief Secretar" is the produce of such in-direct default of 0overnment officials hich needs to be checked and eliminated& .& % am, therefore, directed to re:uest that all concerned ma" kindl" be directed to compl" ith the re:uirements of ,a Gepartment order mentioned in Para-1 above so as to avoid dela" in submittin* the joint para ise comments ithin the prescribed period to the hich results in e(parte decrees hich the SL0!G is involved ill also be dealt

Court concerned& 3his appealsMpetitions

ill not onl" facilitate the immediate disposal of the

but ill also enable the proper defence of 0overnment actions&

(!uthorit"$-SE(,it)SL0!GM%ns&#isc&45, dated -7&7&144?&)

Prep r tion of <oint P r 0:ise comments )9 Dep rtments on )e' #f of C'ief Secret r9* S@GAD n" ot'er Respon"ents in t'e Co(rt c ses. 9eference SL0!G=s circular letter 1o&SE(,it)SL0!GM %1S&#%SCM45, dated -7&7&144? hich makes it incumbent upon all concerned to file joint para- ise comments in the Courts in cases Chief Secretar" 12FP and Secretar" SL0!G are also respondents& -& %t has, ho ever, been observed that most of the Gepartments, in fla*rant disre*ard to the above polic", prepare and submit separate para ise comments instead of joint para ise comments, hich results not onl" in dela"s in the submission of joint para ise comments but also jeopardi>es interest of the 0overnment in Courts hen commentsMreplies havin* differences of opinion bet een the 0overnments are filed in the Courts& 6& % am, therefore, directed to re:uest once a*ain that all concerned ma" kindl" be directed to strictl" observe the above polic" in cases are involved or the Chief Secretar" 12FP and Secretar" SL0!G are also respondents& %n such cases joint para ise comments should invariabl" be prepared b" the !dministrative
6/6

here more than one GepartmentsMEffices are involved or

here

here more than one Gepartments

Gepartments concerned and shall be *ot vetted b" the !dvocate 0eneral 12FPM0overnment Pleader, as the case ma" be& Fair copies of joint para ise comments, after si*nature of !dministrative Secretar" concerned and other respondents shall be furnished to SL0!G for si*nature of the Chief Secretar" 12FP or Secretar" SL0!G as the case ma" be&

(!uthorit"$-SE(,it)SL0!GM.-14M45& Gated -nd Sept&144?&)

Si2nin2 of p r 0:ise comments etc in service ppe #s fi#e" in t'e N4FP Services Tri)(n # )9 civi# serv nts. % am directed to refer to the subject noted above and to sa" that pursuant to 9ule-1-(-) of 12FP Services 3ribunal 9ules, 145., the competent authorit" has been pleased to authori>e the !dministrative Secretaries concerned or subordinate officer to be nominated b" the !dministrative Secretar" to si*n para- ise comments etc on behalf of the Chief #inister, 12FP, as the case ma" be in cases of service appeals filed b" the Civil Servants before the 12FP Services 3ribunal&
(!uthorit"; 1o&SE9%(SL0!G).--M/-, dated 17&1&1444)

Si2nin2 of p r :ise comments etc in service ppe #s. % am directed to refer to the subject noted above and to state that in partial modification of this Gepartment letter 1o&SE9-%(SL0!G).--M?-, dated -? th !pril 1444, the competent authorit" has been pleased to authori>e the !dditional Secretar" (Fudicial) 'stablishment Gepartment to si*n the para- ise comments in cases of service appeals filed b" the Civil Servants before the 12FP Services 3ribunal on behalf of Chief Secretar", 12FP and Secretar", 'stablishment 12FP& -& 3his Gepartment letter of even number, dated 15th Gecember -//5 stands rescinded&
(!uthorit"; letter 1o& SE9-<%M'L!GM1--6M-//7,Gated 1-th Fanuar" -//?)

L c! of interest in "efen"in2 co(rt c ses )9 t'e responsi)#e Officers of v rio(s provinci # "ep rtments. % am directed to refer to the 'stablishment and !dministration Gepartment 0overnment of 12FP 1otification bearin* 1o&SE9&%%('L!G) 1/(1)?5, dated 5&?&-//1 on the subject noted above and to sa" that all the Provincial 0overnment Gepartments appearin* in the Services 3ribunal are al a"s juniorMsenior clerks ho are not ell conversant the record and unable to assist the 3ribunal properl"& ith

%t is, therefore, re:uested that the departments concerned ma" be directed to depute a ell conversant officer not belo KPS-15 in future to appear before the 3ribunal alon* ith complete record of the case&
(!uthorit"; Service 3ribunal letter 1o&1B77-?/MS3, dated --&11&-//5)
6/.

Non comp#i nce of Co(rt re# te" instr(ctions. % am directed to refer to the subject noted above and to sa" that it has come to the notice of the Provincial 0overnment that inspite of clear instructions circulated to all concerned vide letter dated 17-1-1444 herein Secretaries of the !dministrative Gepartments have been authori>ed to si*n joint Para for adjudication before the 12FP Services 3ribunal on behalf of Chief #inister 12FP and the Chief Secretar" 12FP as the case ma" be in cases of service appeals filed b" the Civil Servants in the 12FP Services 3ribunal& Kut it is appallin* to note that instructions issued b" this Gepartment have lost si*ht of cases are still referred to this Gepartment for si*nature of Chief Secretar" 12FP in Service appeals& %n some cases Gepartments do not bother to submit comments to courts& 3his practice results in unnecessar" dela" of the court cases beside issuance of court order detrimental to the interest of the Provincial 0overnment& -& % am therefore, directed to re:uest that these instructions ma" be follo ed in letter and spirit& #oreover, a KPS-15 officer ell versed ith relevant records should be deputed to defend the case and brief the 0overnment Pleader alon* ith the relevant record of the case to assist him&
(!uthorit"$ letter 1o& SE9-<%M'L!GM1--6M-//4, Gated ?th #a", -//4)

ise comments in appeals pendin*

ell before the date fi(ed b" the 12FP Services 3ribunal or other Courts so as

Instr(ctions Pert inin2 to Co(rtsU C ses % am directed to refer to the subject noted above and to sa" that it has come to the notice of the Provincial 0overnment that despite clear instructions circulated vide this

Gepartment letter of even number dated 17&1&1444 !dministrative

herein Secretaries of the

Gepartments had been authori>ed to si*n joint Para ise comments in service appeals, on behalf of the Chief #inister 12FP and the Chief Secretar" 12FP, as the case ma" be, filled b" the Civil Servants in the 12FP Services 3ribunal& 8o ever, it has been noticed that instructions referred to above have lost si*ht of, as cases are still referred to this Gepartment for obtainin* si*nature of the Chief Secretar" 12FP on para- ise comments in such service appeals& %nstances have also come to notice that the departments do not submit para- ise comments or submit the desired comments :uite dela"ed hich defeat the interest of 0overnment in such cases& #oreover, cases a*ainst 0overnment are not properl" pursued and defended in courts resultin* in jud*ements a*ainst 0overnment creatin* hu*e liabilities for the 0overnment& -& % am therefore, directed to re:uest that the above instructions ma" kindl" be strictl" follo ed in future so as to safe*uard the interest of the Provincial 0overnment& #oreover, an officer in KS-15 cases in courts and brief the 0overnment pleader alon* ith relevant records date fi(ed for hearin*&
(!uthorit"$ letter 1o&SE9-<%M'L!GM1--6M-//4, dated -/th #a", -//4) 6/7

ell versed

ith the relevant records, should be deputed to defend the ell before the

Stre m#inin2 of Liti2 tion proce"(re for n" 2 inst t'e Government of N4FP. %t has been noticed ith concern that *reat difficulties are bein* faced b" the ,a Efficers and 0overnment Pleaders in conductin* casesMappealsM revisionsM rit petitions, etc&,

before the CourtsM3ribunal noted a*ainst each$ (!) (i) !dvocate 0eneral Pesha ar 8i*h Court, Pesha ar& (ii) !ddl&!dvocates 0eneral; Supreme Court of Pakistan and Federal Shariat Court, !ppellate Shariat Kench of Supreme Court& (iii) !sstt&!dv 0eneral Supreme Court (K) 0overnment Pleaders Services 3ribunal, 12FP Pesha ar in Service matters& (C) (i) 0overnment Pleaders; Court of Senior Civil Fud*e& (ii) !ddl 0overnment Court of Senior Civil Fud*es, Pleader Court of !ddl Gistt$ Fud*es, Courts of Gistrict Fud*es& -& 3he subordinate officers do not e(tend the re:uisite assistance to them& 1ecessar" documents e&*, copies of the plaint, brief histor" of the case, para ise comments, etc, are not provided to them times impossible, for the ,a properl"& 3he officers ho are deputed to contact, brief and assist the ,a EfficersM0overnment Pleaders, do not take the trouble of attendin* their offices or for that matter even the Courts& %nstead, some clerks handle such e(tremel" important task& #ost of the time these officials miserabl" fail to provide an" assistance to the ,a Efficers hatsoever as a result of hich the 0overnment interest suffers badl"& %n most of the cases even these clerks absent themselves, on one prete(t or the other, on the date fi(ed for hearin* of the case and as such orders are passed a*ainst the 0overnment, resultin* in *reat financial loss besides creatin* other complicationsM ho are not at all conversant ith the facts of the case, are sent to EfficersM0overnment Pleaders to prepareMdefend the cases ell ithin time& Conse:uentl", it becomes e(tremel" difficult, some

embarrassment& 6& % am, therefore, directed to re:uest "ou that the follo in* instructions ma" please be issued immediatel" to all concerned includin* the officers assist the ,a the 8i*h CourtMSupreme Court/0 (i) En receipt of summonsMnotices from the Court, the concerned staff should immediatel" *et a cop" of plaintM#emo& of !ppealM2rit Petition, as the case ma" be and prepare brief histor" of the case alon* ith para ise comments in annotated form&
6/B

ho are deputed to brief and

EfficersM0overnment Pleaders conductin* the cases in various Courts includin*

(ii) Ene set of these documents should be sent to the 8ead of the Gepartment for on ard transmission to the !dministrative Gepartment for issuance of Sanction Erder for the defence of case at public e(pense as re:uired under Para 17&- of ,a #anual& 3he !dministrative Gepartment ill issue the Sanction Erder and communicate the same to /0 (a) the Solicitor for issuin* necessar" directions to the 0overnment Pleader to defend the case in the ,o er Courts , i&e Courts of Civil Fud*esMSenior Civil Fud*esM !dditional Gistrict Fud*esMGistrict Fud*es and Services 3ribunal, Pesha ar& 3he !dministrative Gepartment should also endorse do the needful; (b) the ,a Gepartment for issuance of necessar" authorisationM directions to the !dvocate 0eneral to defend the casesM2rit PetitionsM!ppeals, etc&, in the 8i*h CourtM Supreme CourtMFederal Shariat CourtMShariat !ppellate Kench of Supreme Court of Pakistan& (iii) 3he second set of the said documents should be dispatched to the concerned 0overnment PleaderM!dvocate 0eneral, as the case ma" be, so that action on their part in anticipation of the sanction mentioned above is initiated, if cop" of the same to the Secretar" to 0overnment of 12FP, ,a Gepartment, ith the re:uest to direct the Solicitor to

needed& (iv) 3he third set be retained as office cop" for necessar" action and record& (v) 3he above mentioned steps should be taken before the date fi(ed for appearanceMhearin* in Court& %f the date fi(ed is :uite close, the 0overnment PleaderM!dvocate 0eneral ma" be contacted immediatel" for the purpose of *ettin* adjournment& !t the same time it should be ensured that the court is attended invariabl" on the date fi(ed for hearin* of the cases to avoid e(-parte decisions a*ainst the 0overnmentMGepartments& (vi) 3he 8eads of the !dministrative Gepartments on receipt of the documents mentioned above, should, on the one hand, arran*e for communication of Sanction Erder for the defence of the case at public e(pense to the Solicitor (if the case is pendin* in ,o er Courts) and to the ,a Gepartment (if the caseM2rit Petition is pendin* in the 8i*h CourtMSupreme Court etc&)and on the other hand, ithout an" loss of time, to nominate an efficient and responsible officer of the Gepartment ell conversant ith the facts of the case to assist and brief the 0overnment PleaderM !dvocate 0eneral& Such officersMofficials ma" be called the Gepartmental 9epresentatives (Geptt$ 9ep$) (vii) 3he name, desi*nation, address and telephone 1o$ if an", of the Geptt& 9ep& should invariabl" be communicated to the 0overnment PleaderM!dvocate 0eneral concerned, as ell as to the !dministrative Gepartment, Solicitor and the ,a Gepartment so that he could be contacted b" them, henever it is deemed necessar"&
6/5

(viii) 3he Geptt$ 9ep$ shall personall" attend the Court on each and ever" date of hearin* and prepare a short report of the proceedin*s of the Court, indicatin* the pro*ress and result of the case& 3his pro*ress report should also be communicated to the 8ead of the Gepartment as ell as to the ,a Gepartment ithout fail, so that the ,a Gepartment ma" also atch the development and pro*ress of each case& (i() 2hen a case is decided, cop" of the jud*ementMorder should immediatel" be obtained b" the Geptt$ 9ep$ and supplied to the !dministrative Gepartment as

ell as to the 0overnment PleaderM!dvocate 0eneral so as to enable him to furnish his opinion to Solicitor M,a Gepartment& 3he department=s decisionM vie s about the future course of action should also be finali>ed and communicated to the SolicitorM,a Gepartment for further action& (() Period of limitation prescribed b" la for filin* appealMrevision etc&, should be ascertained from the 0overnment PleaderM!dvocate 0eneral and all steps should be taken ell ahead of the limitation period so that the appealMrevision etc if an", is not rendered time-barred& ((i) 2henever it is deemed necessar" to approach the SolicitorM,a Gepartment, reference number of authorisation letter issued b" the office of SolicitorM,a Gepartment should al a"s be mentioned, so that relevant record of the case in their offices is traced out convenientl"& 4rit Petitions (a) 2henever the 8onourable Fud*es of the 8i*h Court ask for the comments from the contestin* Gepartment in connection ith 2rit Petitions filed a*ainst the 0overnment, the staff of the Contestin* Gepartment (main part" in the case) should immediatel" *et a cop" of 2rit Petition alon* ith its enclosures and cop" of order of the Court, from the 2rit Petition #uharrer, and then prepare para ise comments in an annotated form& %n addition thereto a brief histor" of the case should also be prepared separatel" and sent ith t o spare copies of 2rit Petition to the !dministrative Gepartment for information and on ard transmission to the ,a Gepartment& (b) 3he ,a Gepartment ill direct the !dvocate 0eneral to vet the comments& 3hereafter the Geptt$ 9ep$ shall contact the !dvocate 0eneral and assist him in vettin* the same and ill file the vetted comments before the 8i*h Court ithin the prescribed period& 3he Geptt 9ep$ shall be held responsible for an" dela" in submission of the re:uisite comments before the 8i*h Court& (c) %f the 2rit Petition is decided a*ainst the 0overnment the procedure mentioned in Para 6(i() and (() shall be follo ed in letter and spirit so that further appeal, if an", to the Supreme Court does not become barred b" time&
6/?

V rio(s provisions of Limit tion Act*+,&8 3he periods of limitation prescribed for various kinds of appeals, etc&, are as under/0
1o& of article of the first Schedule to the ,imitation !ct,14/?, or other relevant rules and description of ,imitation for appeal or application& Period From a decree or order of 8i*h Court in the e(ercise of its ori*inal jurisdiction& -/ da"s +nder the Code of Civil Procedure to the Court of a Gistrict jud*e& 6/ da"s +nder the Code of Civil Procedure to a 8i*h Court& 4/ da"s !pplication to set aside or to *et an a ard remitted for reconsideration& 6/ da"s from the date of service of notice of filin* of the a ard& For a revie of jud*ement b" a Court of Small Causes& 17 da"s For a revie of jud*ement b" 8i*h Court& -/ da"s !pplication b" defendant to set aside a decree passed '(-parte& 6/ da"s from the date hen he has kno led*e of the decree& !pplication for the filin* in court of an a ard& 4/ da"s here leave to appeal is refused b" the 8i*h Court other ise B/ da"s& For appeal to the Supreme Court here certificate of fitness is *ranted b" 8i*h Court& 6/ da"s from the date of *rant of certificate&

-& %n computin* the period of limitation, the da"s from hich such period is to be

reckoned and in case of appeals or application for revie , the da" on jud*ement

hich the

complained a*ainst is pronounced and the time re:uisite for obtainin* a cop" of the jud*ement decree appealed from or sou*ht to be revie ed is to be e(cluded& E1ec(tion 6& ! decree favourable to 0overnment ma" be e(ecuted either b" the court hich passed it or b" such other court in hose jurisdiction, the jud*ement debtor voluntaril" resides or carries on business, or personall" orks for *ain or o ns propert" sufficient to satisf" the decree& 2hile referrin* a case for e(ecution of a decree it is, therefore, necessar" that an inventor" of the moveable propert", containin* a reasonabl", accurate description of the same, and a list of immoveable propert", containin* a description and location of such propert" sufficient to identif" the same, and a specification of the jud*ement-debtor=s share or interest in propert", should be furnished to the Solicitor& %f an appeal is instituted b" the opposite part" and the e(ecution of the decree is sta"ed b" order of the court, the interval before the decision of the appeal should be made use of in makin* in:uiries as to the propert" of the jud*ement-debtor&
6/4

4rit Petitions .& 3he instructions in the precedin* para*raphs appl" mutatis mutandis to 2rit Petitions& %t is ho ever, to be noted that 8i*h Court usuall" calls for reportsMcomments from the !dministrative Gepartments concerned before admittin* the petitions to re*ular hearin*& Failure to compl" petitions to re*ular hearin* that the reportsM comments asked for should be promptl" supplied to the 8i*h Court and here it is not possible the 8i*h Court ma" be re:uested, before the e(pir" of the time allo ed, for hich ma" then take lon* time to be decided& %t is, therefore, imperative ith the orders of the 8i*h Court ma" lead to the admission of

reasonable e(tension& 3he reportMcomments should be sho n to the ,a before sendin* the same to the 8i*h Court& Ar)itr tion

Gepartment

7& !ccordin* to 0overnment decision no provision is to be made in a*reement ith domestic contractors for resolution of disputes throu*h arbitration& 8o ever, if the a*reements alread" concluded b" or on behalf of the 0overnment contain an" condition of *ettin* an" :uestion, difference or dispute decided b" reference to arbitration then the same has to be acted upon and the instructions contained herein before appl" mutatis mutandis to the conduct of arbitration proceedin*s to 0overnment is a part"& E1penses B& !ll e(penses on the conduct of liti*ation, includin* cost, court fees, counsel fee, not bein* the decretal amount of costs pa"able to the other part" under the decree or order of the court, are pa"able b" the ,a penal costs ordered b" the court to be paid to the other part" for an" default on the part of the 0overnment and the char*es pa"able to the itnesses are, ho ever, to be paid b" the !dministrative Gepartment concerned& !ll e(penses in criminal cases are pa"able b" the !dministrative Gepartments concerned&
61/

hich a Gepartment of the Provincial

Gepartment out of the funds placed at its disposal& 3he

Mo"e of s()mission of c ses 5& 3o ensure :uick disposal of files to avoid unnecessar" correspondence and dela" a self-contained summar" of the case indicatin* the point or points on the hich the advice of

,a and

Gepartment is re:uired should be placed on the file in duplicate in the opinion cases

at least in triplicate in court cases, para ise comments, on plaintsMpetitions should also be furnished in triplicate& Such references to the ,a should be made preferabl" at a senior level& ?& Graft of para ise comments, etc, should be t"ped in double space and half mar*in should be left to enable the ,a considered necessar"& 4& Standardi>ed court labels(S--/4-! to -1--K) obtainable from the Controller of Stationer" and forms, should be used hile sendin* a court case to the ,a Gepartment& 1/& %f a reference is made to an earlier advice of the ,a Gepartment the number and date of that advice must invariabl" be :uoted and if possible, a cop" of the same be placed on the file& 2henever a case is referred to the ,a ,a Gepartment on the point at issue is ithin the kno led*e of the referrin* Gepartment it should also invariabl" be :uoted in the referrin* note indicatin* the number and date of that previous opinion& 11& +nnecessar" references on hich the Gepartment should themselves be able to formulate opinion should not be referred to the ,a reference to draftin* of pleadin*s and affidavits, it should be noted that hile an officer si*nin* an" pleadin* or affidavit on behalf of the 0overnment has ever" ri*ht to be satisfied that there is no mis-statement of facts& !ctual draftin* or pleadin* and affidavits and the choice of orkin* have al a"s been the privile*e and the responsibilit" of the counsel conductin* a case on behalf of the 0overnment& 3herefore, so lon* as facts are correctl" set out in the Gepartment& 2ith particular Gepartment and an" previous opinion of the Gepartment to carr" out amendments herever Gepartment from the Gepartment

pleadin*s or affidavit, there should hardl" be an" occasion for objection as to the contents, arran*ements or ordin* used b" counsel in such pleadin*s or affidavit and should not normall" be referred to the ,a Gepartment for vettin*&
611

Services n" Gener # A"ministr tion Dep rtment =No: E@AD> 1-& 3he case touchin* upon service mattes and interpretation of financial rules and re*ulations should be referred to the Services and 0eneral !dministration Gepartment or, as the case ma" be, to the Finance Gepartment in the first instance and the assistance of ,a Gepartment should be sou*ht onl" if a :uestion of la is involved& 16& 2here a Gepartment obtains an opinion from the ,a Gepartment, the referrin* Gepartment should not in announcin* 0overnment=s decision(i&e department=s o n decision) disclose that the ,a in such cases meant for the ,a other Gepartment& 1.& 2hile the ,a Gepartment ould elcome, here considered e(pedient, back references from the !dministrative Gepartment for consideration of its opinions, but such reference should be at least from the same level at the ,a Gepartment& 17& 2here in an" case there is a difference of opinion bet een the ,a Gepartment and the Gepartment concerned and the later desires to consult !dvocate 0eneral it should send to the former all relevant papers to*ether precisel" indicatin* the points on hich advice of the !dvocate 0eneral is sou*ht& +nder no circumstances a case is to be referred to the !dvocate 0eneral b" the !dministrative ith a self contained summar" of the case hich level opinion as tendered in Gepartment are not carried out in the copies meant for Gepartment as consulted& Care should be taken that endorsement

Gepartment directl"& 1B& 3he Secretar" in each Gepartment of these instructions b" his subordinates includin* officers in the attached offices& 8e should ensure that his subordinates do not disre*ard these instructions& 2hen a case is finall" disposed of and decided a*ainst the 0overnment, he should have an in:uir" instituted in the matter and take appropriate action a*ainst the concerned officials has *one a*ainst the 0overnment because of the non-observance of the rules or procedures on the part of the dealin* officials& 2here an" lacunae in la should be taken to amend the la or the rules, as the case ma" be, if considered necessar" and e(pedient&
61-

ill be personall" responsible for the observance

here the jud*ement

or procedure is revealed steps

ADDENDUM T3E N4FP AD 3OC CIVIL SERVANTS =REGULARIDATION OF SERVICES> ACT*+,8-. =N.4.F.P ACT NO.II OF +,8-.>
160F

%@%"n

" t to provide for re*ulari>ation of services of certain civil servants appointed on

ad hoc basis& Pre m)#e/0 28'9'!S it is e(pedient in the public interest to provide for re*ulari>ation of the services of certain civil servants appointed on ad hoc basis; %t is hereb" enacted as follo s/0 1& S'ort tit#e n" commencement/0(1) 3his !ct ma" be called the 1orth-2est Frontier Province !d hoc Civil Servants(9e*ulari>ation of Services)!ct, 14?5& (-) %t shall come into force at once and shall be deemed to have taken effect at the promul*ation of the Erdinance&

-& Definitions/0(1) %n this !ct unless the conte(t other ise re:uires/0 (a) )Commission), means the 1orth-2est Frontier Province Public Service Commission; (b) )0overnment) means the 0overnment of the 1orth-2est Frontier Province; (c) ),a or rule) means the la or rule for the time bein* in force *overnin* the selection and appointment of civil servants; and (d) )post) means a post under 0overnment or in connection ith the affairs of 0overnment to be filled in on the recommendation of the Commission&
1B1 Published

in the 12FP 0overnment 0a>ette, '(traordinar", dated 14&6&14?5 at pa*es 165.-165B&

616

(-) 3he e(pression) ad hoc appointment) and )Civil Servants) shall have the same meanin* as respectivel" assi*ned to them in the 1orth 2est Frontier Province Civil Servants !ct, 1456(1&2&F&P !ct 1o&;<%%% of 1456) 6& Re2(# riN tion of Services of cert in Civi# Serv nts/01ot ithstandin* an"thin* contained in an" la servants holdin* ad hoc appointment to a post on or before -/th September,14?B, and continuin* as such till the commencement of this !ct, shall be deemed to have been validl" selected and appointed to the posts held b" them on re*ular basis ith effect from the date of commencement of this !ct& Provided that/0 (i) the services of such civil servants shall be deemed to have been re*ulari>ed under this !ct onl" on the publication of their names in the official 0a>ette; (ii) such civil servants possess the :ualifications and e(perience prescribed for the posts; and (iii) the Commission has in respect of the posts held b" such civil servants not recommended an" other person on or before the commencement of this !ct& or rule, or in an" decree, order or jud*ement of a court, all civil

.& Determin tion of Seniorit9/0 (1) 3he civil servants hose services are re*ulari>ed under this !ct shall rank junior to all civil servants belon*in* to the same service or cadre, as the case ma" be, and shall also rank junior to such other persons , if an", recommendation of the Commission made before, the commencement of this !ct, are to be appointed to the respective service or cadre, irrespective of their actual date of appointment& (-) 3he seniorit" inter-se of the civil servants, hose services are re*ulari>ed under this !ct ithin the same service or cadre, shall be determined on the basis of their continuous officiation in such service or cadre; provided that if the date of continuous officiation in the case of t o or more civil servants is the same, the civil servant older in a*e shall rank senior to the "oun*er civil servant& 7& Repe #/0 3he 1orth-2est Frontier Province !d hoc Civil Servants(9e*ulari>ation of services) Erdinance, 14?5 (1&2&F&P Erdinance 1o&1 of 14?5 ) is hereb" repealed&
61.

ho are in service on re*ular basis on the commencement of this !ct, ho, in pursuance of the

T3E NORT3 4EST FRONTIER PROVINCE CIVIL SERVANTS =REGULARIDATION OF SERVICES> ACT*+,88. =N.4.F.P ACT NO.I OF +,88.>
161F

1B-!n

!ct further to provide for re+ulariEation of servi es of ertain

ivil servants appointed on "d ho basis. Pre m)#e/0 28'9'!S it is e(pedient in the public interest to provide for re*ulari>ation of the services of certain civil servants appointed on ad hoc basis; %t is hereb" enacted as follo s/0 +. S'ort tit#e n" commencement/0=+>3his !ct ma" be called the 1orth-2est Frontier Province Civil Servants (9e*ulari>ation of services)!ct,14??& (-) %t shall come into force at once&

$. Definitions/0=+> %n this !ct unless the conte(t other ise re:uires,(a) )Commission) means the 1orth-2est Frontier Province Public Service Commission; (b) )0overnment) means the 0overnment of the 1orth-2est Frontier Province; (c) ),a or rule) means the la or rule for the time bein* in force *overnin* the selection and appointment of civil servants; and (d) )post) means a post under 0overnment or in connection ith the affairs of 0overnment to be filled in on the recommendation of the Commission& (-) 3he e(pressions) ad hoc appointment) and )Civil Servants) shall have the same meanin*s as respectivel" assi*ned to them in the 1orth-2est Frontier Province Civil Servants !ct,1456(1&2&F&P !ct 1o&;<%%% of 1456)&
1B- Published

in the 12FP 0overnment 0a>ette, '(traordinar", dated -6&1&14?? at Pa*es 1-5/-1-5-&

617

.. Re2(# riN tion of Services of cert in Civi# Serv nts/01ot ithstandin* an"thin* contained in an" la or rule for the time bein* in force, but subject to preferential ri*ht of appointment of a selectee of the Public Service Commission, if an", selected before the commencement of this !ct, all civil servants holdin* appointment to a post on ad hoc basis in an" department of 0overnment immediatel" before the commencement of this !ct, shall be deemed to have been selected for appointment on re*ular basis on the commencement of this !ct$ Provided that/0 (a) the services of such civil servants shall be deemed to have been re*ulari>ed under this !ct onl" on the publication of their names in the official 0a>ette; and (b) such civil servants possess the :ualification and e(perience prescribed for the posts to hich the" are appointed on re*ular basis& %. Determin tion of Seniorit9/0(1)3he civil servants hose services are re*ulari>ed under this !ct shall rank junior to all civil servants belon*in* to the same service or cadre, as

the case ma" be, and

ho are in service on re*ular basis on the commencement of this !ct, ho, in pursuance of the

shall also rank junior to such other persons, if an", recommendation

of the Commission made before, the commencement of this !ct, are to be appointed to the respective service or cadre, irrespective of their actual date of appointment& (-) 3he seniorit" inter-se of the civil servants, hose services are re*ulari>ed under this !ct ithin the same service or cadre, shall be determined on the basis of their continuous officiation in such service or cadre; provided that if the date of continuous officiation in the case of t o or more civil servants is the same, the civil servant older in a*e shall rank senior to the "oun*er civil servant& 1& A3epealedB &
7& Kan on recruitment on ad hoc basis$1B61ot
162F

ithstandin* an"thin* contained in an" la or a" of ad hoc appointments for a period of ten "ears from

rule there shall be no recruitment b" the date of commencement of !ct&

163F

1B.3he

0overnment ma" fill in short term or temporar" vacancies b"

a" of contractual

appointments in such manner and on such terms and conditions as ma" be prescribed for a period not e(ceedin* t o "ears durin* shall be made available b" the PSC)
1B6 Section

hich period the selectees of the PSC a*ainst the vacancies, to fill in the posts,

-7 repealed b" 12FP !ct 1o&<%%% of 14?4& 3he repealed section 7 is re-produced as under in the 12FP 0ovt& 0a>ette,'(traordinar" at Pa*es B66-B6B dt 16&11&?4&

1B. &Published

61B

T3E NORT304EST FRONTIER PROVINCE EMPLO5EES ON CONTRACT ;ASIS =REGULARIDATION OF SERVICES> ACT*+,8, =N.4.F.P ACT NO.VIII OF +,8,>
164F

1B7!n

!ct to provide for re*ulari>ation of services of certain emplo"ees appointed on

contract

basis in 0overnment Gepartments of the 1orth-2est Frontier Province Pre m)#e/028'9'!S it is e(pedient to provide for re*ulari>ation of services of certain emplo"ees appointed on contract basis in 0overnment Gepartments of 1orth2est Frontier Province; %t is hereb" enacted as follo s/0 +. S'ort tit#e* e1tent n" commencement/0(1)3his !ct ma" be called the 1orth-2est Frontier Province emplo"ees on Contract Kasis (9e*ulari>ation of Services)!ct,14?4& (-) %t shall come into force at once& (6) %t shall e(tend to the hole of 1orth-2est Frontier Province& $. Definitions/0 %n this !ct unless the conte(t other ise re:uires/0 (a) )0overnment) means the 0overnment of 1orth-2est Frontier Province& (b C0overnment Gepartment) means an" Gepartment constituted under rule 6 of the 0overnment of the 1orth-2est Frontier Province 9ules of Kusiness,14?7 and does not include an" section of a Gepartment or an or*ani>ation hich is Federall" funded; (c) )Post) means a post in an" 0overnment Gepartment; and (d) )Public Service Commission) means the Public Service Commission constituted under the provisions of the 1orth-2est Frontier Province Public Service Commission Erdinance,145? (1&2&F&P Erdinance 1o&;% of 145?) hereinafter referred to as Commission& .. Speci # provision re2 r"in2 emp#o9ees on contr ct ) sis/01ot ithstandin* an"thin* contained in sub-section (1) of Section - of the 1orth-2est Frontier Province Civil Servants !ct,1456 (1&2&F&P !ct 1o&;<%%% of 1456), an" candidate appointed on contract basis in an" 0overnment Gepartment a*ainst an" post on contract basis under Section 7 of the 1orth-2est Frontier Province Civil Servants (9e*ulari>ation of Services) !ct,14?? (1&2&F&P !ct 1o&% of 14??) till the commencin* da" of this !ct shall be deemed to have been appointed as a Civil Servant on ad hoc basis, and shall al a"s be deemed to have been

so appointed&
1B7 Section

. substituted b" 12FP !ct 1o&%% of 144/&

615

.& (1) 1ot ithstandin* an"thin* contained in an" la for the time bein* enforce, an" Civil servant, ho is or has been appointed or deemed to have been appointed a*ainst an" post in an" 0overnment Gepartment under section 6 of this !ct shall be deemed to have been re*ularl" appointed from the date of his continuous officiation, subject to eli*ibilit", accordin* to the service rules applicable to the post, verified b" the !dministrative Secretar" of the Gepartment concerned; Provided that if an" Civil Servant is a**rieved re*ardin* his eli*ibilit", he shall have one ri*ht of appeal to the Chief Secretar", 0overnment of 1orth-2est Frontier Province, and his decision in the case shall be final; Provided further that if there is an" *ap in service of an" Civil Servant bet een this enactment and the date of appointment under section 6 of this !ct, due to termination of contractual services onl" the same shall be deemed to have been condoned as e(traordinar" leave ithout pa"& (-) 3he inter se seniorit" of the civil servants under this !ct shall be determined b" the 0overnment, accordin* to service rules in vo*ue& 6. Repe # of Section 6 of N.4.F.P. Act No.I of +,88/0Section 7 of the 1orth-2est Frontier Province Civil Servants (9e*ulari>ation of Services) !ct, 14??, (1&2&F&P& !ct 1o&% of 14??),is repealed and shall al a"s be deemed to have been so repealed&
61?

T3E NORT304EST FRONTIER PROVINCE EMPLO5EES ON CONTRACT ;ASIS =REGULARIDATION OF SERVICES> =AMENDMENT> ACT*+,,& (N.4.F.P ACT NO.II OF +,,&&) !n !ct to amend the 1orth-2est Frontier Province 'mplo"ees on Contract basis (9e*ulation of Services)!ct,144/&

Pre m)#e/0 28'9'!S it is e(pedient to amend the 1orth-2est Frontier Province 'mplo"ees on Contract Kasis (9e*ulari>ation of Services) !ct, 14?4 (1&2&F&P !ct 1o&<%%% of 14?4), for the purposes hereinafter appearin*; %t is hereb" enacted as follo s/0 +. S'ort tit#e n" commencement/0(1) 3his !ct ma" be called the 1orth- est Frontier Province 'mplo"ees on contract Kasis (9e*ulari>ation of Services)(!mendment) !ct,144/& (-) %t shall come into force ith effect from 16th 1ovember,14?4& $& S()stit(tion of Section % of N4FP Act No.VIII of +,8,/0 %n the 1orth-2est Frontier Province 'mplo"ees on contract basis (9e*ulari>ation of Services) !ct,14?4 (1&2&F&P !ct 1o&<%%% of 14?4) , section . shall be substituted b" the follo in* ne section and shall al a"s be deemed to have been so substituted/0
165F

1BB.&

(1)1ot ithstandin* an"thin* contained in an" la for the time bein* enforce, ho is or has been appointed or deemed to have been appointed

an" Civil Servant, a*ainst

an" post in an" 0overnment Gepartment under section 6 of this !ct shall be deemed to have been re*ularl" appointed from the date of his continuous officiation, subject to eli*ibilit", accordin* to the service rules applicable to the post, verified b" the administrative Secretar" of the Gepartment concerned& Provided that if an" Civil servant is a**rieved re*ardin* his eli*ibilit", he shall have one ri*ht of appeal to the Chief Secretar", 0overnment of 1orth-2est Frontier Province, and his decision in the case shall be final; Provided further that if there is an" *ap in service of an" Civil Servant bet een this enactment and the date of appointment under section 6 of this !ct, due to termination of contractual service onl", the same shall be deemed to have been condoned as e(traordinar"

leave ithout pa"& (-) 3he inter se seniorit" of the Civil Servants under this !ct shall be determined b" the 0overnment, accordin* to the service rules in vo*ue&
1BB Published

in the 12FP 0overnment 0a>ette,('(traordinar"),at Pa*es 1/6BM7-1/6BM5, dated -7&-&144/&

614

T3E NORT304EST FRONTIER PROVINCE* EMPLO5EES =REGULARIDATION OF SERVICES> ACT* $&&, =N04.F.P. ACT NO.FVI OF $&&,> !n !ct to provide for the re*ulari>ation of the services of certain emplo"ees appointed on ad hoc or contract basis Pre m)#e&---- 28'9'!S it is e(pedient to provide for the re*ulari>ation of the services of certain emplo"ees appointed on ad hoc or contract basis, in the public interest, for the purposes hereinafter appearin*; %t is hereb" enacted as follo s$1& S'ort tit#e n" commencement/0 (1) 3his !ct ma" be called the 1orth-2est Frontier Province 'mplo"ees (9e*ulari>ation of Services) !ct, -//4& (-) %t shall come into force at once at once and shall be deemed to have been taken effect at the promul*ation of the Erdinance& -& Definition./0 (1) %n this !ct, unless the conte(t other ise re:uires$(a) CCommissionD mean the 1orth-2est Frontier Province Public Service Commission;& (aa) Ccontract appointmentD means appointment of a dul" :ualified person made other ise than in accordance ith the prescribed method of recruitment; (b) Cemplo"eeD means an ad hoc or a contract emplo"ee appointed b" 0overnment on ad hoc or contract basis or second shiftMni*ht but does not include the emplo"ees for project post or appointed on ork char*e basis or ho are paid out of contin*encies; (c) C0overnment means the 0overnment of 1orth-2est Frontier Province& (d) C0overnment GepartmentD means an" department constituted under rule 6 of the 1orth-2est Frontier Province 0overnment 9ules of

Kusiness, 14?7& (e) C,a or ruleD mean the la or rule for the time bein* in force *overnin* the selection and appointment of civil servants; and (f) CpostD means a post under 0overnment or in connection ith the affairs of 0overnment to be filled in on the recommendation of the Commission& (-) 3he e(pressions Cad hoc appointmentD and Ccivil servantD shall have the same meanin*s as respectivel" assi*ned to them in the 1orth-2est Frontier Province Civil Servants !ct, 1456(1-2&F&P& !ct 1o&;<%%% of 1456)&
6-/

6. Re2(# riN tion of services of cert in emp#o9ees/0 (1) !ll emplo"ees includin* recommendees of the 8i*h Court appointed on contract or ad hoc basis and holdin* that post on 61st Gecember, -//? or till the commencement of this !ct shall be deemed to have been validl" appointed on re*ular basis havin* the same :ualification and e(perience for a re*ular post; Provided that the service promotion :uota of all service cadres shall not be affected& .& Determin tion of Seniorit9$- (1) 3he emplo"ees hose services are re*ulari>ed under this !ct or in the process of attainin* service at the commencement of this !ct shall rank junior to all civil servants belon*in* to the same service or cadre, as the case ma" be, ho are in service on re*ular basis on the commencement of this !ct, and shall also rank junior to such other persons, if an", ho, in pursuance of the recommendations of the Commission made before the commencement of this !ct, are to be appointed to the respective service or cadre, irrespective of their actual date of appointment& (-) 3he seniorit" inter se of the emplo"ees, hose services are re*ulari>ed under this !ct continuous ithin the same service or cadre, shall be determined on the basis of their

officiation in such service or cadre& Provided that if the date of continuous officiation in the case of t o or more emplo"ees is the same, the emplo"ee older in a*e shall rank senior to the "oun*er one& .!& Overri"in2 effect /0 1ot ithstandin* an"thin* to the contrar" contained in an" other la or rule for the time bein* in force, the provisions of this !ct shall have an overridin* effect and the provisions of an" such la or rule to the e(tent of inconsistenc" to this !ct shall cease to have effect& 7& Repe #/0 3he 1orth-2est Frontier Province emplo"ees (9e*ulari>ation of Services) Erdinance, -//4 (1-2&F&P& Erdinance 1o<%% of -//4) is hereb" repealed&

'$a,ai: 1a a>a'S3! CEG'&doc