Corrupt employees to get the sack

DAWN 22 Dec-2013
ISLAMABAD: Branded as an exercise in clean governance, a new,
fast-track initiative to dismiss employees of state-owned
enterprises, and even civil servants, is being rushed through by the
federal government in the form of the `Elimination of Corruption
from Public Service Ordinance, 2013`.
Informed sources have told Dawn that the government has been
waiting for the two houses of the parliament to prorogue so that it
can promulgate the ordinance which provides for the dismissal,
removal or compulsory retirement of employees of the federal
government, its corporate entities, autonomous bodies and
departments.
The new ordinance not only dramatically expands the definitions of
corruption, inefficiency and misconduct that can be used to act
against federal employees, but also whittles down the inquiry and
appeals process to a matter of weeks instead of the existing threeto-six months.
Likely, the abbreviated inquiry and appeals process is to allow for
maximum effect during the life of the ordinance. Following the18th
Amendment, a presidential ordinance is valid for only 120 days and
must be approved by a resolution of either house of parliament if itis
to be extendedfor afurther 120 days.
With the Senate and the National Assembly having been prorogued
on Friday, an official said, `The ordinance is ready for the last few
days and the President can issue it any moment because the PML-N
government wants to move swiftly against a number of people
inducted by the past governments into the government service,
including those in the corporations like Pakistan Steel Mills, Pakistan
International Airlines and oil and gas companies`.

Under the ordinance, the government could get rid of any

government servant of All-Pakistan Service or Civil Service of the
federation, or who holds a civil post of the federation or any
employee serving in any court or tribunal set up or established by
the federal government, except a judge of the Supreme Court or
High Courts or Federal Shariat Court or any court sub-ordinate to the
High Court.
The ordinance also covers officers in a corporate body, corporation,
authority, statutory body or any body established or controlled by
the federal government or having government controlling
shareholding, including chairmen and managing directors.
An official said tens of thousands of examples and cases were on
record but no action was taken on corruption, misconduct and
inefficiency over the last 10-12 years. These cases are being
collected, he said.
The definitions of corruption, inefficiency and misconduct have been
broadened under the proposed ordinance. For example, it states
that if the competent authority (the prime minister or an individual
authorised by the PM) is of the `opinion` that a person is inefficient
or guilty of being habitually absent from duty without prior approval
or guilty of misconduct or is `corrupt or may reasonably be
considered as corrupt` defined as if the employee or his dependents
or any other person throughdirectors.
An official said tens of thousands of examples and cases were on
record but no action was taken on corruption, misconduct and
inefficiency over the last 10-12 years. These cases are being
collected, he said.
The definitions of corruption, inefficiency and misconduct have been
broadened under the proposed ordinance. For example, it states

that if the competent authority (the prime minister or an individual

authorised by the PM) is of the `opinion` that a person is inefficient
or guilty of being habitually absent from duty without prior approval
or guilty of misconduct or is `corrupt or may reasonably be
considered as corrupt` defined as if the employee or his dependents
or any other person throughhim or his behalf was in possession of
pecuniary sources or of property for which he cannot reasonably
account for or disproportionate to his known sources of income the
employee would be liable to be dismissed, removed or compulsorily
retired.
Before final action, the persons would be given only seven days of
showing cause but this opportunity could also be withdrawn if the
competent authority believed that in the interest of security of
Pakistan or any part thereof it was not expedient to give such
opportunity.
A person against whom action is proposed to be taken would be
placed under suspension or sent on leave with immediate effect and
the competent authority will appoint an inquiry officer or committee
to communicate charges to the accused and record statements or
collect record within 7 days and submit a final report in 15 days.The
proceedings would be held on a `day-to-day and no adjournment
shall be given` and one-sided proceedings would be held if the
inquiry officer or the committee believed the accused was
hampering or trying to delay the process. The competent authority
will have the powers to even dispense with the inquiry if it is already
in possession of sufficient documentary evidence against the
accused or for reasons to be recorded in writing and directly impose
a penalty. The accused will have 15 days after penalty is imposed to
make a representation to the prime minister who could modify the
punishment.
The accused would have the right to appeal only before the Federal

Services Tribunal within 45 days but the tribunal would not have the
powers to suspend or stay the order of the competent authority.