PEEDA Act-2006: Rule & regulation, and its exercise

Introduction:

The PEEDA Act-2006 is an abbreviation of the Punjab Employee Efficiency Accountability and Discipline (PEEDA) Act, 2006. PEEDA Act-2006 is an important act established by the government. It is for the efficient and effective accomplishment of government work in all the public sector Institutions and organizations under the Punjab Government. We are discussing a critical summary of the PEEDA Act-2006 and the hierarchal skeleton for its exercise and practice.

Objectives of PEEDA ACT-2006:

The main goals of the PEEDA Act-2006 are as follows:

1. Accountability and Discipline: This act’s main objective is to maintain responsibility and discipline. This will enhance the working power and efficacy of the employees.
2. Maintenance of Authority: An organization must have authority and employees should be checked according to their issues, short comes, and inefficiencies. Otherwise, a lack of control leads to governance issues in the departments.
3.  To provide a range of penalties according to code and conduct in case of misconduct, misbehavior, inefficiency, and corruption.
4. Establishment of an Appellate authority: it is essential to assess the PEEDA exercises against employees and the provision of relief in case of any unfair case.

What is PEEDA?

It is an abbreviation of the “Punjab Employees Efficiency Accountability and Discipline (PEEDA) Act, 2006”.

History:

PEEDA act 2006 is a very long evolving history and passed through the following names in the past. It was initiated as rules but now it is an act.

When it was Rules?

The Service of the government employees was regulated as service and have the following nomenclatures.  

• The west Pakistan Government Servants (Efficiency & Discipline) (E & D) Rules, 1960.
• The Efficiency & Discipline (E & D) Rules, 1975.
• The efficiency and Discipline (E &D) Rules, 1999.

When it was Ordinance:

• The Punjab Removal from the service Ordinance (PRSO), 2000.

When it became an Act:

• “Punjab Employees Efficiency Accountability and Discipline (PEEDA) Act, 2006”. And it was practiced and exercised In the Punjab province till now.

Scope of the PEEDA Act-2006:

The jurisdiction and implementation of the PEEDA Act-2006 are as follows:

• It shall come into action immediately after passing.
• It was applicable to the whole of Punjab.
• It will be applicable to the employees of Punjab based; Government sector employees, Corporate sector employees, and Retired employees.
• For proceedings against retired employees must be started during service one year of their retirement.

Different terminology used in PEEDA proceedings:

Terms	Definitions/Explanation
Accused	An employee against whom PEEDA act 2006 Initiation takes place.
Appellate authority	An authority higher than the competent authority to which an accused appeals against the penalties of the PEEDA Act 2006.
Appointed authority	A notified government authority is responsible for the appointment of government employees.
Appeal	A process in which an employee will be entertained on unfair penalties during proceedings.
Code of Conduct	Responsibilities, obligations, and prohibitions during the service devised by the PEEDA Act-2006.
Competent authority	A notified government authority initiates proceeding against employees according to the PEEDA act 2006.
Corruption	Conduct contrary to conduct rules. Demand or acceptance of reward (money or valuables) for doing duties or out-of-conduct rules. Speculative transactions Misuse of official position Abnormal influence while appointment, promotion, transfer, & punishments of other government employees. Conviction of an offense by a court of law.
Disciplinary Authority	An authority that has the power to take the initiative in proceedings according to the PEEDA Act-2006.
Dismissal from the service	A penalty in which an employee is detached from service and he/she will not be able to serve again in any public sector department in the government.
Hearing officer	An officer is appointed by a competent authority to give a chance hearing to the accused.
Misconduct	Misconduct includes ill practices such as Inefficacy of service, absence from duty, misbehaving with other employees, engaging in ill practices, and disclosing official/departmental information.
Penalties	An imposed punishment in case of misconduct in service rules according to the PEEDA Act-2016.
Removal from the service	A penalty in which an employee is detached from service and he/she will be able to serve again in any other public sector department in the government.
Show cause Notice	A written notice to government employees on their misconduct in service rules according to code and conduct.
Vigilance Committee	It is a committee comprising departmental officials and is responsible for the observation, monitoring, and reporting of employees in case of any misconduct to the discipline committee or discipline authority.

Remember That: When more than one official involved and also have some high-ranked officials, the authority for the seniormost accused official is the authority of all accused.  

Grounds for the proceedings against officials by PEEDA Act 2006.

• Corruption
• Misconduct

Summary of Sections in PEEDA-2006:

Sections	Dealings/Proceedings
I	Scope of the PEEDA Act 2006
II	Procedural under the PEEDA Act 2006
III	Competent authorities under the PEEDA Act 2006
IV	Grounds for proceeding and penalties
V	Details of charges or allegations
VI	Suspension
VII	Dispense with regular inquiry
VIII	Action in case of conviction or plea bargain
IX	Appointment of the inquiry officer
X	Role of the inquiry officer
XI	Joint inquiry where one accused is absent
XII	Role and responsibilities of the departmental representatives
XII	Action to be taken by the competent authority on the receipt of the inquiry officer
XIV	Role of the hearing officer
XV	Inquiry against the employees posted outside the cadre
XVI	Appeal or review
XVII	Revisions
XVIII	Appeal before the Punjab Service Tribunal
XIX	Inquiry against retired employees

Initiation of the process:

Competent authority:

The competent authority (disciplinary authority) starts the proceeding against an employee for misconduct.  

1. (a) Proceed itself by issuing a show cause letter (under section 7, for motives recorded in writing/dispense with the inquiry)
2. (b) Can hold an inquiry (Under section-9 appointment of inquiry Officer)

Dispensing of inquiry:

• Conviction of an offense by a court of law (other than bribery)
• Absence from duty
• Sufficient documentary evidence

The cases in which there is no need for inquiry or show cause:

• Satisfactory evidence that challenges the security of the country
• Employees have been involved in the Plea bargain
• Employees have been involved in the subversive practices

Penalties:

Minor penalties:

• Censure: It is a way of minimum formal punishment including severe criticism and warning.  
• Fine (maximum to month salary)
• Reduction to lower scales (maximum 5 years)
• Withholding of increments (maximum 5 years)
• Withholding of promotion (maximum 5 years)

Major penalties:

• Recovery of bribed money
• Recovery from pay pension
• Reduction to a lower rank (For a maximum of 5 years)
• Reduction to lower scales (For a maximum of 5 years)
• Forfeiture of past service (five years)
• Compulsory retirement
• Removal from the service
• Dismissal from the service

Post-retirement penalties:

• Withholding pension and other benefits
• Withdrawing pension and other benefits
• Recovery from the pension and other benefits

Officer	Duty	Time span
Inquiry officer	Completion of proceedings	60 days
Competent authority	Announcement of decision	90 days
Appellant	Appeal before the appellate authority against the decision of the competent authority	Within 30 days
Appellate authority	Decision	Within 90 days
Appellant	Appeal before the PST against the decision of an appellate authority	Within 30 days
Appellate	An appeal in the supreme court	60 days

References:

1. Punjab Employee Efficiency and Accountability Act, 2006
2. Punjab Civil Service Rules Volume I