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 three-to-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.