Government of the Punjab, Services and General Administration Department (Regulations Wing) issued a notification regarding the Punjab Civil Servants (Directory Retirement from Service) Rules, 2021.
In exercise of the powers conferred under section 23 of the Punjab Civil Servants Act, 1974 (VIII of 1974), Governor of the Punjab approved the following rules:
1. Short Title and Commencement:-
(1) These rules shall be called as the Punjab Civil Servants (Directory Retirement from Service) Rules, 2021.
(2) These rules shall come into force at once.
2. Definitions:-
(1) In the rules:
(a) "Act" means the Punjab Civil Servants Act, 1974 (VIII of 1974);
(b) "competent authority" means the appointing authority in terms of rule 6 of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974;
(c) "conduct unbecoming" means the conduct, on the part of a civil servant, contrary to public interests or harms his standing or the standing of the civil service in the eyes of the public or is contrary to any law or rules or procedures or instructions and includes inefficiency on his part necessitating his directory retirement under the rules;
(d) "directory retirement" means retirement under clause (i) of subsection (1) of section 12 of the Act;
(e) "retirement board" means a Board constituted under the rules for review of cases for the purpose of directory retirement in respect of a civil servant in BPS-20 and above; and
(f) "retirement committee" means a committee constituted under the rules for review of cases for the purpose of directory retirement in respect of a civil servant in BPS-19 and below.
(2) A word used but not defined in the rules shall have the same meaning as assigned to it in the Act and the rules made thereunder.
3. Composition of Retirement Board:- There shall be a retirement board, comprising as under, to recommend to the competent authority directory retirement from service in respect of a civil servant in BPS-19 and above, except a civil servant in BPS-19 in the Health and Education Departments:
(b) Additional Chief Secretary, Services and General Administration Department Member
(c) Senior Member, Board of Revenue Member
(d) Chairman, Planning and Development Board Member
(e) Secretary, Services, Services and General Administration Department Secretary
(f) Secretary, Regulations Wing of Services and General Administration Department Member
(g) Secretary, Law and Parliamentary Affairs Department Member
(h) Secretary, Finance Department Member
(i) Secretary of the Administrative Department Concerned Member
(j) Additional Inspector General of Police (Special Branch) Member
4. Composition of Retirement Committees:- (1) There shall be various retirement committees in each Department or office to recommend to the competent authority directory retirement from service in respect of a civil servant in BPS-18 and below.
(2) For a civil servant in BPS-17 to 18 and for civil servants in BPS-19 in the Health and Education Departments, the retirement committee shall consist of:
(a) Additional Chief Secretary, Services and General Administration Department Chairperson
(b) Secretary, Services, Services and General Administration Department Secretary
(c) Secretary, Regulations Wing of Services and General Administration Department Member
(d) Secretary, Finance Department Member
(e) Secretary, Law and Parliamentary Affairs Department Member
(f) Secretary of the Administrative Department concerned Member
(3) The retirement committee for civil servants in BPS-16 and below shall consist of:
(a) Administrative Secretary Chairperson
(b) a representative of Regulations Wing of Services and General Administration Department, not below BPS-19 Member
(c) a representative of Finance Department, not below BPS-19 Member
(d) a representative of Law and Parliamentary Affairs Department, not below BPS-19 Member
(e) Head of the Attached Department or office concerned, other than a Department Member
(f) Additional Secretary of the Department concerned. If Additional Secretary is not available, then Deputy Secretary concerned. Secretary
5. Grounds for Retirement:- (1) No civil servant shall be recommended for directory retirement under the rules, unless any one or more of the following conditions are fulfilled:
(a) he has earned average performance evaluation reports (PERs) or adverse remarks have been recorded in three or more PERs from three different officers, for a period not less than six months and have attained finality after appeal there against if any; or
(b) he has been twice recommended for supersession by the Provincial Selection Board-1 (PSB-I), Provincial Selection Board-II (PSB-II) or Departmental Promotion Committee (DPC), as the case may be, or twice not recommended for promotion by the Provincial Selection Boards and such recommendations have been approved by the appointing authority and the matter has attained finality; or
(c) he has been found guilty of corruption or has entered into plea bargain or voluntary return with National Accountability Bureau or any other investigating agency; or
(d) he has conduct unbecoming.
6. Procedure for Directory Retirement:-(1) Each Department or Attached Department shall maintain a list of civil servants who have completed service specified in clause (i) of sub-section (1) of section 12 of the Act along with complete service record.
(2) A review of the performance of all civil servants by the respective retirement board and retirement committees shall be conducted upon completion of service specified in sub-rule (1).
(3) Subsequent to the mandatory review upon completion of service under sub-rule (1) and prior to retirement at the age of superannuation or exercising the option of premature retirement, cases of civil servants shall be referred by the Secretary or Head of the Department or Attached Department concerned to the relevant retirement board or retirement committees, as the case may be, if it is determined that grounds for directory retirement as specified in rule 5 have become applicable.
(4) While referring cases to the retirement board or retirement committees either for mandatory review after service specified in sub-rule (1) or any subsequent review, the Secretary or, Head of Attached Department concerned shall ensure provision of relevant record, including complete facts, supporting documentary evidence, if any, duly authenticated service record, as well as such other record as may be considered relevant.
(5) The retirement board. or retirement committees shall examine the referred cases and may recommend to the competent authority, subject to giving specific reasons in writing, directory retirement of a civil servant.
(6) If the competent authority, after examining the recommendations of the retirement board or retirement committees and other record placed before it, agrees with the recommendations for directory retirement of a civil servant, he shall issue a show cause notice to the civil servant concerned informing him of the grounds on which it is proposed to make the direction for directory retirement and shall provide him the opportunity of personal hearing if so requested by the civil servant concerned, provided that in cases where the Chief Minister is the competent authority, he may, on his behalf, designate an officer in BS-20 or above for granting personal hearing to the civil servant.
(7) On receipt of reply of the civil servant and after giving him the opportunity of personal hearing, if any, where the competent authority is satisfied that further retention in service of the civil servant is not in the public interest, the competent authority shall pass order for directory retirement.
7. Retiring Pension:- A civil servant against whom an order for directory retirement is passed by the competent authority shall be eligible for pension or other retirement benefits as the competent authority may, in public interest, direct.
8. Right of Appeal or Review:- A civil servant against whom an order for directory retirement is passed by the competent authority shall have the right of appeal to the authority next above the competent authority or to the Chief Minister in case of review.
