30th November 1961
No. SO I-1/94-60.-The following University Ordinances relating to the efficiency and discipline of the employees of the University of Sind, Hyderabad are, hereby published for general information.
In exercise of the powers conferred on him by clause (b) of section 44 of the West Pakistan (University of Sind) Ordinance, 1961, the Chancellor is pleased to add the following University Ordinances relating to the efficiency and discipline of the employees of the University of Sind :-
1. Short title, application and commencement.-(1) These University Ordinances may be called the University of Sind Employees (Efficiency and Discipline) University Ordinances, 1961.
(2) These University Ordinances shall apply to every person in the employment of the University of Sind.
2. Definitions.-In these University Ordinances unless there is anything repugnant in the subject or context :-
(1) “authority” means the officer or Authority, specified in the Appendix, competent to appoint and take disciplinary action against a University employee and includes an Officer of the University authorised by such authority to act on Its behalf ;
(2) “misconduct” means conduct prejudicial to good order of service discipline or un-becoming a University employee and a gentleman ;
(3) “penalty” means a penalty which may be imposed under these University Ordinances.
3. Grounds for penalty.-Where a University employee, in the opinion of the authority-
(a) is inefficient, or has ceased to be efficient, whether by reason of infirmity of mind or body, or otherwise, and is not likely to recover his efficiency ; or
(b) is indifferent to his duties of teaching and research ; or
(c) is guilty of misconduct ; or
(d) is corrupt, or may reasonably be considered corrupt because—-
(i) he is, or any of his dependents or any other person through him or on his behalf is, in possession (for which he cannot reasonably account) of pecuniary resources or of property disproportionate to his known sources of income ; or
(ii) he has assumed a style of living beyond his ostensible means ; or
(e) is engaged, or is reasonably suspected of being engaged, in subversive activities, or who is reasonably suspected of being associated with others engaged in subversive activities, and whose retention in service is therefore, considered prejudicial to national security ; or
(f) becomes a member of or is associated in any capacity with an association of any kind other than an association organized by or under the aegis of the University, without obtaining prior permission of the Vice-Chancellor in writing ; or
(g) is engaged directly or indirectly in any trade, business or occupation (on his own account) which may in the opinion of the appointing authority interfere with the due performance by him of the duties of his office, without the prior permission of the appointing authority in writing ; or
(h) absents himself from duty or overstays sanctioned leave without sufficient cause acceptable to the appointing authority ; or
(i) exercises unwholesome influence or is reasonably suspected of exercising unwholesome influence on the academic, moral and corporate life of the University, the authority way impose on him one or more penalties ;
4. Penalties.-(1) The following penalties may be imposed under these University Ordinances upon a University employee :-
(b) the withholding of increment or promotion including stoppage at an efficiency bar for a specified period;
(c) recovery from pay of the whole or part of any pecuniary loss caused to the University by negligence or breach of orders;
(d) reduction to a lower post or time scab or to a lower stage in a time scale ;
(e) compulsory retirement ;
(f) removal from service ; and (g) dismissal from service.
(2) Penalties specified in clause (a) and (b) shad be deemed, for the purposes of these University Ordinances, to be minor penalties and those specified in clauses (c) to (g) to be major penalties.
(3) Removal does not, but dismissal does, disqualify from future employment under the University.
(4) For misconduct any penalty in paragraph (1) may be imposed, but the penalties to b;, ordinarily imposed for inefficiency, indifference to teaching and research work, becoming a member of an association without permission, engaging directly or indirectly in trade without permission or absenting himself from duty or overstaying sanctioned leave shall be those set out in clause (b), (c), (d) or (e) and for corruption, exercise of unwholesome influences or subversion, those set out in clause (e), (f ) or (g) of paragraph (1).
(5) No authority subordinate to that by which a, University employee was appointed shall be competent to impose upon him any penalty set out in clause (d), (e), (f) or (g) of paragraph (I).
(a) of a person, appointed on probation during the period of probation.
(b) of a person appointed otherwise than under contract to hold a temporary appointment, on the expiration of the period of the appointment,
(c) of a person engaged under contract, in accordance with the terms of his contract, does not amount to removal or dismissal within the meaning of this University Ordinance.
5. Inquiry procedure in cases of subversion.-(I) When a University employee is to be proceeded against under clause (e) of University Ordinance 3, the authority—
(a) may, by order in writing, require the University employee concerned to proceed on such leave as may be admissible to him, and from such date as may be specified in the order ;
(b) shall by order in writing, inform him of the action proposed to be taken in regard to him and the grounds of that action ; and
(c) shall give him a reasonable opportunity of showing cause against that action before an Inquiry Committee to be constituted under paragraph (2) to inquire into the charge;
Provided that no such opportunity shall be given where the Chancellor is satisfied that in the interests of the security of Pakistan, it is not expedient to give such opportunity.
(2) For the purposes of clause (c) of paragraph (l), an Inquiry Committee consisting of three persons shall be constituted by the Chancellor.
(3) The Inquiry Committee shall inquire into the charge and submit its findings to the Chancellor.
(4) The Chancellor shall not be required to consult the authority or the Selection Board before passing such orders on the findings of the Inquiry Committee as he may think fit.
6. Inquiry procedure to other cases.-(1) When a University employee is to be proceeded against under clause (a), (b), (c), (d), (f ), (g), (h) or (i) of University Ordinance 3, the following procedure shall be observed.
(2) The authority may, if it thinks fit, appoint an Inquiry Officer to examine and report on the allegations against the University employee (hereinafter called the accused) to enable the authority to decide whether a formal inquiry should be held, and the Inquiry Officer may also informally examine the accused.
(3) If the authority decides that a formal inquiry should be held it shall decide further whether the allegations, if established, would call for a minor or a major penalty.
(4) (a) In cases calling for a minor penalty, the authority or such officer as may be appointed by it in that behalf, shall frame a charge, and communicate it to the accused, and call upon him to answer it within a specified time, which shall not be less than seven days nor more than fourteen days, and to state together with his answer, whether he desires to be heard in person or to lead evidence in defence.
(b) On receiving the answer, the authority, or the said officer, shall, if satisfied that there is a prima facie case, and if the accused has so desired, give him the opportunity to be heard in person and to lead evidence in defence.
(c) If the accused fails to answer within the specified time, or having answered, fails to appear or absents himself from the proceedings, the authority or the said officer may proceed with the inquiry and record a finding.
(d) The authority shall take into consideration the explanation of the accused and the evidence, if any, led by him in his defence before passing final orders.
(5) (a) In cases calling for a major penalty the authority having power to impose the penalty shall frame a charge and communicate it to the accused together with a statement of the allegations on which it is based and of any other circumstances which the authority proposes to take into consideration when passing orders on the case.
(b) The authority shall require the accused, within a reasonable time, which shall not be less than seven days nor more than fourteen days, from the day the charge has been communicated to him, to put in a written defence, stating at the same time whether he desires to be heard in person.
(c) If the accused so desires, or if the authority so directs, an Inquiry Officer to be appointed under University Ordinance 8 shall hold an oral inquiry at which oral evidence shall be heard as to such of the allegations as are not admitted, and the accused shall be entitled to cross-examine the witnesses against him, to give evidence in person and to have such witnesses called for the defence as he may wish, provided that the Inquiry Officer may, for reasons to be recorded in writing, refuse to call a particular witness or to summon or admit particular evidence.
(d) The proceedings shall contain a sufficient record of the evidence led at the enquiry and the Inquiry Officer’s report of his findings and the grounds thereof.
(6) Nothing in the preceding paragraph shall apply- –
(i) where the accused is dismissed or removed from service or reduced in rank on the ground of conduct which has led to a sentence of fine or of imprisonment ; or
(ii) where the authority competent to dismiss or remove a person or to reduce him in rank is satisfied that for reasons to be recorded by that authority, it is not reasonably practicable to give the accused an opportunity of showing cause.
7. Power to order medical examination as to mental or bodily infirmity.-(1) Where it is proposed to proceed against a University employee on the ground of inefficiency by reason of infirmity of mind or body the authority may at any stage, whether or not an officer has been appointed in pursuance of paragraph (1) of University Ordinance 6 to examine and report, require the University employee to undergo a medical examination by a Medical Board or a Civil Surgeon, as the authority may direct, and the report of the Board or the Civil Surgeon shall form part of the proceedings.
(2) If a University employee refuses to undergo such examination his refusal may, subject to the consideration of any grounds he may give in support of it, be taken into consideration against him as showing that he had reason to believe that the result of the examination would prove unfavourable to him.
8. Appointment and procedure of Inquiry Officer.-(1) where a University employee is proceeded against under clause (a), (b), (c), (d), (f), (g), (h) or (i) of University Ordinance 3, and the authority has decided that the case calls for a major penalty, the authority shall appoint an Inquiry Officer to conduct the proceedings.
(2) The Inquiry Officer shall hear the case from day to day, and no adjournment shall be given except for reasons to be recorded in writing. Every adjournment, with reasons therefor, shall be reported forthwith to the authority. No adjournment shall be given for more than a week.
(3) If the Inquiry Officer is satisfied that the University employee proceeded against is hampering or attempting to hamper the progress of the inquiry he shall administer a warning, and if thereafter he is satisfied that the accused is acting in disregard of the warning he shall record a finding to that effect, and, proceed to complete the inquiry in such manner as he thinks best fitted to do substantial justice.
(4) The Inquiry Officer shall, within ten days of the conclusion of the proceedings, or such longer period as he may be allowed by the authority, submit his findings and the grounds thereof to the authority.
9. Notice of proposed penalty to be given to the accused.-(1) The authority shall consider the report of the Inquiry Officer and if upon such consideration it is of the opinion that a penalty should be imposed upon the accused it shall provisionally determine the penalty to be imposed and shall so inform the accused and supply him with a copy of the report and call upon him to show cause within a reasonable time, which shall not be less than seven days nor more than fourteen days why the penalty should not be imposed.
(2) The authority shall take into consideration any cause shown by the accused before passing final orders.
10. Reference to the Selection Board.-(1) Subject to the provisions of clause (c) of paragraph (2) of University Ordinance 5 all proceedings under these University Ordinances in which any penalty is proposed to be imposed on a University employee shall, in the case of employees whose scales of pay carry an initial salary of three hundred rupees or more, be forwarded to the Selection Board with a statement of the grounds and the penalty proposed.
(2) The Selection Board shall tender its advice within twenty days or such longer period as may be allowed by the Syndicate and the authority shall take the advice into consideration before passing final orders.
11. Suspension.-A University employee against whom action is proposed to be taken under clause (b), (c), (d), (e), (f), (g), (h) or (i) of University Ordinance 3 may be placed under suspension if, in the opinion of the authority, suspension is necessary or expedient.
12. Provident Fund, gratuity. etc, of University employees compulsorily retired, removed or dismissed.-(1) Subject to any order of the authority as to the amount of provident fund or gratuity to he paid. a University employee compulsorily retired shall, except as hereinafter provided, be entitled to such provident fund or gratuity benefits as would have ordinarily been admissible to him on the date of the retirement under the University Ordinances applicable to his service or post if he had been discharged from service on account of the abolition of his post without alternative suitable employment being provided.
(2) Subject to any order of the authority made on compassionate grounds, a University employee who is removed or dismissed shall not be entitled to any provident fund or gratuity benefits accruing from University contributions to his provident fund account.
13. Re-instatement-(1) If a University employee proceeding on leave in pursuance of an order under clause (a) of paragraph (1) of Ordinance 5 is not dismissed, removed, reduced in rank or compulsorily retired, he shall be re-instated In service, or as the case may be, restored to this rank or given an equivalent rank, and the period of such leave shall be treated as duty on full pay.
(2) Re-instatement after suspension shall be governed by the relevant University Ordinances.
14. Appeal.-A University employee on whom a penalty is imposed shall have the right to prefer an appeal, within fifteen days of the receipt by him of the order imposing the penalty, to the appropriate appellate authority specified in column 5 of the Appendix;
Provided that where the penalty is imposed by order of the Chancellor there shall be no appeal but the person concerned may apply for a review of the order.
15. Repeat.-(1) These University Ordinances supersede, all University Ordinances relating to the efficiency and discipline of the University employees and deemed to have been continued under section 45 of the West Pakistan (University of Sind) Ordinance, 1961.
(2) Notwithstanding the supersession of the University Ordinances referred to in paragraph (1) (hereinafter referred to as the said University Ordinances) any departmental inquiry or proceeding pending immediately before the coming into force of these University Ordinances, shall be completed and orders passed thereon as if the said University Ordinances had not been superseded.
16. Power of Syndicate to issue instructions..-For the purposes of these University Ordinances, the Syndicate, may from time to time, issue instructions for the maintenance of appropriate standards of efficiency good conduct, discipline and Integrity.