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E & D Rules

Government Servants
(Efficiency and Discipline)
Rules, 1973

                       

            In exercise of the powers conferred by section **25 of the Civil Servants Ordinance, 1973 (No.XIV of 1973), the president is pleased to make following rules, namely:-

1.            Short title, commencement and application:-

            These rules may be called the Government Servants (Efficiency and Discipline) Rules, 1973.

***[(2)  They shall come into force at once and shall apply to every civil servant].

2.         Definitions.-

           

            In these rules, unless the context otherwise requires.-

“accused” means a Government Servant against whom action is taken under these rules;

*[“authority” means the appointing authority prescribed in rule 6 of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973]**:

         ***[Provided that in the case of disciplinary proceedings already initiated against a Government servant before 14^th June 2000, the powers of “authority” shall be exercised by the officer designed as such before the aforesaid date:]

3)    “authorised officer” means an officer authorised by the authority to perform functions of an authorised officer under these rules@ or, if no officer is so authorised, the authority;

4)    “misconduct” means conduct prejudicial to good order or service discipline or contrary to Government Servants (Conduct) Rules, 1964@@ or unbecoming of an officer and, a gentleman and includes any act on the part of a Government servant to bring or attempt to bring political or other outside influence directly or indirectly to bear on the Government or any Government officer in respect of any matter relating to the appointment, promotion, transfer, punishment, retirement or other conditions of service of a Government servant; and

5)    “penalty” means a penalty which may be imposed under these rules.

3.         Grounds for penalty.-

            Where a Government servant, in the opinion of the authority-

a)    is inefficient or has ceased to be efficient; or

b)    is guilty of misconduct; or

c)    is corrupt, or may reasonably be considered corrupt because-

1. he is, 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
2. he has assumed a style of living beyond his ostensible means; or
3. he has persistent reputation of being corrupt; or

d)    is engaged, or is reasonably suspected of being engaged, in subversive activities, or is reasonably suspected of being associated with others engaged in subversive activities or is guilty of disclosure of official secrets to any unauthorised person, and his retention in service is, therefore prejudicial to national security, the authority may impose on him one or more penalties.

4.         Penalties.-

(1)  The following are the minor and major penalties, namely-

(a)  Minor Penalties:

1. censure;
2. withholding, for a specific period, promotion or increment, otherwise than for unfitness for promotion or financial advancement in accordance with the rules or orders pertaining to the service or post;

3. stoppage, for a specific period, at an efficiency bar in the time-scale, otherwise than for unfitness to cross such bar;
4. recovery from pay of the whole or any part of any pecuniary loss caused to Government by negligence or breach of orders;

(b)  Major Penalties:

1. reduction to a lower post or time-scale, or to a lower stage in a time-scale;
2. compulsory retirement;
3. removal from service; and
4. dismissal from service.

(2)       Removal from service does not, but dismissal from service does, disqualify for future employment.

(3)       In this rule, removal or dismissal from service does not include the discharge of a person-

a)    appointed on probation, during the period of probation, or in accordance with the probation or training rules applicable to him; or

b)    appointed, otherwise than under a contract, to hold a temporary appointment, on the expiration of the period of appointment; or

c)    engaged under a contract in accordance with the terms of the contract.

5.         Inquiry Procedure.-

(1)  The following procedure shall be observed when a Government servant is proceeded against under these rules:-

1. In case where a Government servant is accused of subversion, corruption or misconduct, the authorised officer may require him to proceed on leave or with the approval of the authority suspended him, provided that any continuation of such leave or suspension shall require approval of the authority after every three months.

            *[Provided further that where the authority is President **[or Prime Minister], the powers of the authority under this clause shall be exercised by the Secretary, Establishment Division].

1. The authorised officer shall decide whether in the light of facts of the case or the interests of justice an inquiry should be conducted through an Inquiry Officer or Inquiry Committee. If he so decides, the procedure indicated in rule 6 shall apply.

2. If the authorised officer decides that it is not necessary to have an inquiry conducted through an Inquiry Officer or Inquiry Committee, he shall-

3. by order in writing, inform the accused of the action proposed to be taken in regard to him and the grounds of the action; and

4. give him a reasonable opportunity of showing cause against that action:

Provided that no such opportunity shall be given where the authority is satisfied that in the

interest of the security of Pakistan or any part there of it is not expedient to give such opportunity.

1. On receipt of the report of the Inquiry Officer or Inquiry Committee or, where no such Officer or Committee is appointed, on receipt of the explanation of the accused, if any, the authorised officer shall determine whether the charge has been proved. If it is proposed to impose a minor penalty he shall pass orders accordingly. If it is proposed to impose a major penalty, he shall forward the case to the authority along with the charge and statement of allegations served on the accused, the explanation of the accused, the findings of the Inquiry Officer or Inquiry Committee, if appointed, and his own recommendations regarding the penalty to be imposed. The authority shall pass such orders as it may deem proper.

           

*[(2) The exercise of powers under clauses (i) and (iv) of sub-rule (1) by authorised officers in the Pakistan Missions abroad shall, unless already so provided, always be subject to the approval of the authority].

6.         Procedure to be observed by the Inquiry Officer and Inquiry        Committee.-

           

            Where an Inquiry Officer or Inquiry Committee is appointed, the authorised officer shall-

1)    Frame a charge and communicate it to the accused together with statement of the allegations explaining the charge and of any other relevant circumstances which are proposed to be taken into consideration.

2)    Require the accused within a reasonable time, which shall not be less than seven days or more than fourteen days from the day the charge has been communicated to him, to put in a written defence and to state at the same time whether he desires to be heard in person.

3)    The Inquiry Officer or the Committee, as the case may be, shall enquire into the charge and may examine such oral or documentary evidence in support of the charge or in defence of the accused as may be considered necessary and the accused shall be entitled to cross-examine the witnesses against him.

4)    The Inquiry Officer or the Committee, as the case may be, shall hear the case from day to day and no adjournment shall be given except for reasons to be recorded in writing. However, every adjournment, with reasons therefor shall be reported forthwith to the authorized officer. Normally no adjournment shall be for more than a week.

5)    Where the Inquiry Officer or the Committee, as the case may be, is satisfied that the accused is hampering, or attempting to hamper, the progress of the enquiry he or it shall administer a warning, and if thereafter he or it is satisfied that the accused is acting in disregard of the warning, he or it shall record a finding to that effect and proceed to complete the enquiry in such manner as he or it thinks, best suited to do substantial justice.

6)    The Inquiry Officer or the Committee, as the case may be shall within ten days of the conclusion of the proceedings or such longer period as may be allowed by the authorized officer, submit his or its findings and the ground thereof to the authorized officer.

6-A.     *[Revision.-

(1)       Subject to sub-rule (2), the authority may call for the record of any case pending before, or disposed of by, the authorized officer and pass such order in relation thereto as it may deem fit;

(2)       No order under sub-rule(1) shall be passed in respect of an accused unless the authorized officer to be designated by the authority has informed him in writing of the grounds on which it is proposed to make the order and has been given an opportunity of showing cause against it, including an opportunity of personal hearing if requested by the accused or is otherwise necessary in the interest of justice, in particular, when the authority contemplates to pass an order adverse to the interest of the accused:

            Provided that no such opportunity shall be given where the authority, for reasons to be recorded in writing, is satisfied that, in the interest of security of Pakistan or any part thereof, it is not expedient to give such an opportunity].

7.         Powers of Inquiry Officer and Inquiry Committee.-

(1)       For the purpose of an inquiry under these rules, the Inquiry Officer and the Inquiry Committee shall have the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:-

a)    summoning and enforcing the attendance of any person and examining him on oath;              

b)    Requiring the discovery and production of documents;          

c)    Receiving evidence on affidavits;

d)    Issuing commissions for the examination of witnesses or documents.

(2)       The proceedings under these rules shall  be deemed to be judicial proceeding within  the meaning of sections 193 and 228 of the  Pakistan Penal Code (Act XLV of 1860).

8.         Rule 5 not to apply in certain cases.-

            Nothing in rule 5 shall apply to a case:-

a)    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

b)    where the authority competent to dismiss or remove a person from service, or to reduce a person in rank, is satisfied that, for reasons to be recorded in writing by that authority, it is not reasonably practicable to give the accused an opportunity of showing cause.

*[8-A.  Action in respect of government servant required to proceed on leave.-

            If a government servant proceeding on leave in pursuance of an order under sub-rule(1) of rule 5 is not dismissed, removed from service, reduced in rank or compulsorily retired, he shall be required to rejoin duty and the period of such leave shall be treated as duty on full pay].

9.  **[Procedure of inquiry against government servants serving in Provincial Governments or working on deputation outside their department or service to which they belong.-

            When a government servant, to whom these rules apply, is serving under a Provincial Government or in a department, outside the department or service to which he belongs, or in a statutory organization, corporate body, or local authority, and the borrowing authority wants to initiate disciplinary proceedings against such Government servant under these rules, the borrowing authority shall forward to the concerned lending authority a report with supporting documents, on the basis of which disciplinary proceedings are proposed, and if considered necessary, it may with the approval of the lending authority place him under suspension or send him on forced leave. On receipt of report from the borrowing authority, the lending authority shall take action as prescribed by these rules]. 

10.       Appeal.-

A person on whom a penalty is imposed shall have such right of appeal as may be prescribed under ***[the Civil Servants (Appeal) Rules, 1977@]:

            Provided that, where the penalty is imposed by order of the President, there shall be no appeal but the person concerned may apply for review of the order. 

@@[10-A.  Appearance of Counsel.-

            No party to any proceedings under these rules before the authority, the authorised officer, and Inquiry Officer or an Inquiry Committee shall be represented by an advocate].

             

11.       Repeal.-

            The Government Servants (Efficiency and Discipline) Rules, 1960@@@ in their application to the Government servants to whom these rules apply #[and the Civilian Employees in Defence Services (Classification, Control and Appeal) Rules, 1961] are hereby repealed but the repeal thereof shall not affect any action taken or anything done or suffered thereunder.

Tags: E & D Rules, Government of Pakistan, Rules, Efficiency & Discipline Rules

Nostradamus Biography

Nostradamus was born on December 14, 1503 in St. Remy, Provence, France. Nostradamus came from a long line of Jewish doctors and scholars. His family had converted from Judaism to Christianity in 1502, as a result of hounding on the ascension of Louis the XII. After a classical education he studied medicine, herbalism and astrology. During Nostradamus' lifetime the Black Death wiped out over a quarter of Europe. It is no wonder that a sense of apocalyptic terror fills Nostradamus' quatrains.

Nostradamus can indisputably be said to have been ahead of his time, at least in terms of medical practice. His treatment of the Black Death involved removal of the infected corpses, fresh air and unpolluted water for the healthy, a herbal preparation rich in Vitamin C, and (in contravention of contemporary medical practise) not bleeding his patients. Nostradamus was successful in lessening the impact of the Black Death in the capital of Provence, Aix. The grateful citizens gave him a stipend for life.

Nostradamus began to write his verses in the city of Salon, in 1554. They are divided into ten sections called Centuries. The Centuries were published in 1555 and 1558, and have been in print continuously ever since. Nostradamus had the visions which he later recorded in verse while staring into water or flame late at night, sometimes aided by herbal stimulants, while sitting on a brass tripod. The resulting quatrains (four line verses) are oblique and elliptical, and use puns, anagrams and allegorical imagery. Most of the quatrains are open to multiple interpretations, and some make no sense whatsoever. Some of them are chilling, literal descriptions of events, giving specific or near-specific names, geographic locations, astrological configurations, and sometimes actual dates. It is this quality of both vagueness and specificity which allows each new generation to reinterpret Nostradamus.

Nostradamus is said to have predicted his own death. When his assistant wished him goodnight on July 1, 1566, Nostradamus reputedly pronounced, "You will not find me alive at sunrise." He was found dead on July 2, 1566. Nostradamus was interred standing upright in the Church of the Cordeliers of Salon. However, his story does not end there; he was disinterred twice, once on purpose and once maliciously. In 1700, his body was moved by the city to a more prominent crypt. When a necklace was found on his skeleton bearing the date '1700', his body was hurriedly reinterred.

During the French Revolution, in 1791, some drunken soldiers broke into his tomb. The mayor quickly placated the mob by describing how Nostradamus had predicted the revolution, and they replaced the bones in the crypt. However, Nostradamus had the last laugh. In Century 9, Quatrain 7, he had written:

The man who opens the tomb when it is found And who does not close it immediately,
Evil will come to him That no one will be able to prove. Reputedly, the soldiers who desecrated his tomb for the final time were ambushed on their way back to base and killed to the last man.

Tags: Nostradamus, Nostradamus theory, doomsday, Nostradamus thought about dooms day

Drafting Secretariat

DRAFTING

OFFICIAL COMMUNICATION

1.         Introduction.
2.         Tools for Drafting.
3.         Principles of Drafting.
4.         The Six Interrogatives relating
            to drafting.
5.         Main Points of Drafting.
6.         Three Fundamentals of Drafting.
7.         Requirement of D.F.A.
8.         Ensuring Correctness.
9.         Conclusion.

INTRODUCTION

            As per conventional or official practice in vogue, we can say that on cases where communications are to be issued, the officer concerned should submit, together with his note, draft for the approval to the higher officer who has to settle the matter finally. A higher officer, if he so wishes, may prepare a draft himself and authorize its issue or put it up to the next higher officer for approval, as the case may be.

            The process of drafting may be said to begin with the receipt of drafting instructions and end with completion of an agreed draft. However, the drafting process needs to be seen in a wider context if it is to be understand fully. The following are five   stages of drafting process. At each stage of the process, the concept is developed and refined:

            1.         Understanding
            2.         Analysis
            3.         Design
            4.         Composition
            5.         Scrutiny

1.         UNDERSTNDING

            The first task for the officer is to understand what is the draft about.

2          ANALYSIS

            The analysis in relation to:

            a.         existing policies, rules and regulations.
            b.         potential danger areas (in respect of which the officer has a                                   special responsibility).
            c.         practicability (Practical aspects of the draft       communication).

3.         DESIGN (PLANNING)

            After gaining an understanding of the proposals and assessing their implications in relation to existing policies etc., the officer reaches the design or planning stage of drafting.

4.         COMPOSITION

            The composition is usually described as polishing the draft. (Process of Development).

5.         SCRUTINY (FINALIZATION)       

            The stage of scrutiny includes much       revisionary work, carried out both by the officer himself and     those who     instruct him. At this stage the officer must discipline to take a critical gaze at his finished draft.

            First, he should see its logical sequence,

            Secondly, he must get down to tedious matters of detail and check cross references, all other references, the use of definitions, consistency of language (“language is a system of vocal or linguistic symbols used in a particular society as a means of communication”), spelling and punctuation.

TOOLS FOR DRAFTING
 

            a.         Constitution of the Islamic Republic of Pakistan.
            b.         All relevant laws.
            c.         The Rules of Business, 1973.

            e.         The Secretariat Instructions, 1994.
            f.          A book relating to Interpretation of Statutes.
            g.         Knowledge of Case Law on the relevant topic.
            h.         A good Urdu to English Dictionary.

            i.          A  good English to English Dictionary.
            J.         A Dictionary relating to Latin Terms or about foreign words.
            k.         A Dictionary of Legal Terms and Phrases.
            l.          A  good  Book  on  English Grammar.
            m.        A good Book on use of English Prepositions and Phrases.

PRINCIPLES OF DRAFTING
           

            Before going to start drafting, the following principles should be strictly observed by an officer who is drafting:-

(i)            That he should move in logical     progression and order from Understanding to Analysis to Design to Composition and to Scrutiny or Finalization.

(ii)          He should fully understand the    instructions and their background before beginning.

(iii)         He should revise his draft till maximum perfection of the draft and to his satisfaction.

(iv)         He should also explain about drafting instructions to his officer, if so desired by him.

(v)          He should state clearly and fully the principle objects of the draft.

(vi)         His draft should refer to all known implications and difficulties whether legal, social or administrative.

(vii)        He should also study all relevant rules and regulations etc.

(viii)      He should always consult to others in the same field before finalizing his draft.                                                                  

THE SIX INTEROGATIVE

            Before   beginning   to  draft   a communication, it is  advisable  to  bear  in    mind   six    basic   interrogatives,  namely, what,  where,  when, who  why  and   how. These interrogatives can be put into following concrete questions:-

a)         What is the type of Communication?
b)         Where has it come from?
c)         When it was written?
d)         Who has sent it?
e)         Why it has been sent?
f)          How should it be dealt with?

2. These  questions  enable  the  officer  to determine:-
   
   

a)         The   purpose   of   sending   a communication and form of its
            reply;

b)         The identity and status of the correspondence - whether it is a                      private person or a commercial or industrial concern, or an           autonomous or a semi-autonomous organization or a Government      office, a Division, an Attached Department or a             subordinate office;

            c)         The approximate time required for a reply;

            d)         Who is responsible to send a final reply;

            e)         The purpose and subject matter of the communication and finally;

f)           The process, methods and procedures to be adopted for its disposal.

MAIN POINTS OF DRAFTING

While preparing a draft, the following points should be kept in view:-

1. A draft should be written, preferably typed in double space on both sides of the paper. A sufficiently wide margin should be left for corrections and additions.

2. All drafts should bear the relevant file number and the subject. The reference number of the addressee’s letter, if available.     

3. When two or more letters, notifications etc., are to issue under the same file number,      on the same date, to the same addressee, a serial number should  always  be given in addition to the file number to avoid confusion.

4. A draft should show clearly the enclosures which are to accompany the   fair copy.

5. The number of enclosures should also be indicated at the end of the draft on the left hand corner or the page.

6. The officer over whose signature the      communication is, to be issued should initial and date the draft in token of his approval. His designation should invariably be indicated on the draft.

7. The appropriate priority marking i.e. “Residence” “Immediate” or “Priority” should be indicated on the draft. If any papers        are to be dispatched by special messenger or issued under registered post or under postal certificate, as Express delivery or by Air Mail, necessary  instructions  should  be  given  on  the draft for the of guidance the dispatcher.

THREE FUNDAMENTALS OF DRAFTING

A.                 Writing of a communication means talking across distance by means of written words.  First the writer should realize that there is some one at the other end, who will receive the communication, read it, and be pleased, interested, bored, disgusted, worried or annoyed by its contents.

B.                 One should write after careful thinking over the subject matters. Otherwise, a rambling and muddled communication will be the result. Clear thought is therefore essential for clear expression.

C.                 Long and complex communication not only waste the time of the reader but also annoy him. A straight - forward letter written in simple language has the best chance of securing full attention and action.

REQUIREMENT OF D.F.A.

            The following are some conventional / official requirements which should also be kept in mind by the officer while preparing a D.F.A.

1.            D. F. A. should be typed in double space.

2.            D.F.A. should bear the relevant file number.

3.            A serial number should be given (in case of            more than one D.F.A.).

4.            A D.F.A. should indicate the enclosures, if any.

5.            Appropriate priority marking should be indicated.

6.            D.F.A. should be flagged. 

ENSURING CORRECTNESS

1)      Read the matter carefully.

2)      Know and collect the facts.

3)      Review the relevant files/                         documents etc.

4)      Under-line important facts.

5)      Check every statement.

6)      No  possible  question  should    remain un-answered

7)      Ensure  that  the  language  is    correct.

8)      It should properly be          referenced     and flagged.

9)      The  file  should  be  in  good      condition.

10)   Read  before  signing.

           

            To cut the long story short, drafting is a practical art. Its practice needs long apprenticeship.

            Drafting of communication has to be done within certain limitations and restrictions, imposed by the requirements of the case and legal nature of the document. Every comma, semicolon and full stop in a document is significant and important, therefore, a communication has to be phrased and drawn up in positive, definite, clear and elaborate language to lessen the possibility and chance of misconstruction.

Tags: Noting & Drafting, Noting Secretariat, Drafting Secretariat, Official Language uses in government offices, Noting and Drafting proceedur, Functional English, Forms of Communication, Noting, Drafting, Official letters

Noting Secretariat

Functional English, Forms of Communication, Noting, Drafting, official letters

NOTING SECRETARIAT

NOTING

1.         Introduction.
2.         Definition of a note.
3.         When note is required.
4.         When note is not required.
5.         Requirement of a note.
6.         Objective of a note.
7.         Advantages of noting.

8.         Structure of a note:
            a)         First Part
            b)         Second Part
            c)         Third Part
9.         Good noting.
10.       Bad noting.
11.       Five - Ps Formula.
12.       Instructions contained in the Secretariat             Instructions   regarding  noting.
13.       Checks and counter checks.
14.       Types of cases.

           
INTRODUCTION

            Note is initiated on the note portion of the file to settle a matter while remaining in the framework of Rules and Regulations. A note is written by the Section Officer on file  describing the case which is under consideration. Two or three alternatives are normally proposed to settle the issue. In other words, a note is a statement of facts describing the issue under consideration, suggesting course of action to reach a decision.

                       
DEFINITION
           
            A note means an officer's views in writing on a file within a prescribed procedural framework to facilitate the high ups to decide the case under consideration.

WHEN NOTING IS REQUIRED

            Whenever a condition  arises  that  a matter  is  to be  decided by Senior Officer, a note is recorded in file.  It is always prepared within certain procedural framework such as:

            i)          It should clearly state the point under consideration.

            ii)         Brief background of the case may also be given in order to highlight                       the facts of the case.

iii)        Mis-statement of facts, if any, should also be pointed out while  writing a note.

iv)        The statutory instructions should be adopted while dealing with a case, such as consultation with the other Ministries/ Divisions as indicated in the Rules of Business.

v)         After a brief description of the facts of the case, the Rules/ Regulations that are applicable in the case under consideration are mentioned.  A copy of the relevant Rules is often placed in the correspondence portion.

            vi)        Relevant precedents may also be quoted, if available

vii)       In the final portion of a note, the points for decisions are highlighted again and course of action is suggested. In this regard you may propose a few alternates and suggest the best course of action.

WHEN NOTING IS NOT REQUIRED

            No noting is required when the officer himself is competent to dispose of a   matter under certain clear cut instructions, orders or delegated powers.

            Similarly when a case is already decided by a senior officer and he has asked for a draft reply, the noting is not required unless there is any point which has been escaped from the notice of the senior officer.

REQUIREMENT OF A NOTE

1.            All notes are written on the note sheet and no note should be recorded on the receipt itself.

2.            If a higher officer has given any remarks on the receipt, these should be copied out on the note sheet before subsequent notes are recorded.

3.         The officer recording the note should affix his signature on the right side of the note sheet where the note ends. His/ her name, designation and date should also be typed or rubber stamped below his / her signature. 

OBJECTIVE OF A NOTE

            A note is written to assist the competent authority to decide a matter easily.   It helps the seniors to study the whole picture of a case as portrayed by the junior officers. The decision of the matter is the end point of a note. A well written note leads to correct decision and a badly composed note may lead to confusion, wastage of time and ultimately to a bad or wrong decision.

ADVANTAGES OF NOTING

a.    It presents the various aspects of a matter in a clear perspective and bring out pros and cons of the point under consideration.

b.    It put down the views of the writer in black and white and records the precise reason for adopting a particular course of action considered to be the best out of all possible courses.

c.    A note is a record of discussion leading to a particular decision. It can be used as precedent for future references.

d.    Recorded notes help in understanding reasons for a particular decision, and in finding out, at what level the decision was taken.

e.    Responsibility for a particular decision can be fixed on the bases of recorded note.

f.     Note indicates what steps were taken and what authorities were consulted before taking final decision.

g.    Note  enables  people who come afterwards to pick up the tasks where others left.

h.    A note is a historical record and source of information for the coming officials.

STRUCTURE OF A NOTE

A note has three main parts:

1. First Part:    It gives the brief introduction of the case under consideration.
2. Second Part:   Main points. Mis-statement of facts if any. Relevant rules, policy of govt. precedents if any.
3. Third Part:   Third part is the conclusion. It may be in the form of a proposal or recommendation or suggestion.

QUALITIES OF GOOD NOTING

1. Paragraphs of a note should be numbered continuously from the beginning onwards.
2. It should be temperate, objective and free from personal remarks.
3. It should embody all the relevant material about a case concisely, but should not repeat facts, arguments, words and phrases.
4. There should be sequence in narration. The points which should be stated in the           beginning must be so stated and         those which should appear in the end, must come at the end. A disjoined statement of facts will confuse the reader.
5. The expression should be clear, precise and simple.
6.  It should be properly documented and referenced.
7. All previous papers, precedents, rules and regulations orders, etc. which are relied upon in a             note, should, as far as possible, be put up with it, and referenced.

           

BAD NOTING

1. Reproduction of PUC or FR should be avoided. The case under consideration should be explained briefly in your own        words.
2. Un-necessary details and information contribute to bad noting.
3. Incorrect statement and unauthenticated facts lead to wrong decision and therefore adds to bad noting.
4. Personal biases and prejudices makes a note bad.
5. Use of flowery language, long sentence and foreign words are considered bad noting.
6. A wrong decision may be the result of bad noting, therefore,             an extra care is required while noting.

FIVE - Ps FORMULA

P - I     =          PUC
P - II    =          PREVIOUS PAPERS
P - III   =          PROCEDURE
P - IV  =          PRECEDENT
P - V   =          PROPOSAL 

INSTRUCTIONS CONTAINED IN THE SECRETARIAT INSTRUCTIONS REGARDING NOTING

1. As a rule, not more than two officers (excluding the Secretary) shall note upon a case before its final disposal, except where more than one section may have to be consulted.
2. When the higher officer agrees with the note or the recommendations, he may merely append his signature.
3. In cases which can be disposed of directly by an officer, no elaborate note need to be recorded.
4. Where only perusal of PUC is sufficient to enable a higher officer to take a decision, there shall be no noting             beyond a brief suggestion for action.

4A.

5A.      The reproduction in a note of verbatim extracts from the paper under consideration or its paraphrasing shall as a rule be avoided. It shall be presumed that the paper under consideration will be read by the officer to whom it is submitted.

                        In complicated or protracted cases, particularly those involving references to other Divisions, the Section Officer may prepare and place in a separate cover a duly referenced summary of the case (in triplicate) which shall be kept up-to-date by incorporating important decisions.  The summary shall be signed by the officer who prepares it.  The facts of the case shall not then be reproduced in the notes portion of the file.  A copy of the summary may, if necessary be retained by another Division, when the case is referred to it.

            All notes shall be temperately written and shall be free from personal remarks.  If apparent errors are to be pointed out and if any opinion is to be criticised it shall be done in respectful language.  Proper decorum shall be observed in commenting upon the notes recorded by higher authorities.

            When it is desired to examine the proposal of another office without showing that office such examination, a ‘routine’ file may be opened.  This procedure should be adopted especially if the proposal is likely to be criticised severely. The routine file shall not be sent out to another office without special orders of the competent authority for treating it as a part of the regular file.

            To expedite disposal of cases and especially in emergencies, informal discussions between officers of the same Division shall be resorted to. The telephone shall be freely used, provided the subject is not secret.  Secretaries and other senior officers shall encourage their subordinate officers to bring up cases for advice, discussion or disposal.

            A draft of the communication to be issued shall as a rule, be prepared at the earliest possible stage of the case.

            All executive actions of the Government shall be expressed to be taken in the name of President.

            In order to avoid audit objections, financial sanctions shall be expressed to be made by the authority empowered to make them.

CHECKS AND COUNTER CHECKS

1.         Read the P.U.C. carefully. It will help you to understand the  procedure to              be  adopted for settling  a  matter.

2.         Know the facts of the case. Your personal interest in the case will help you          to find out any misstatement of facts or data.

3.         Review the pertinent files, relevant to the case and search out the Rules /             Regulations that are applicable in the case.

4.         The policy of the Government should also be kept in mind while writing a              note.

5.         Do not forget to mention the misstatement of facts or data if any in you       note.

6.         Review grammar, spelling and punctuation marks of your note before        signing it.

7. Make sure that the file is properly referenced and flagged before its   submission to the higher officer.

TYPES   OF   CASES

            There are different types of cases and each has to be dealt accordingly. In the official terms there are basically three types of cases:

                       
1.         RESIDENCE

                        Those cases which are to be dealt urgently are placed in this category. The nature of urgency can be understood from the fact that files or papers are sent to an officer's residence after office hours for disposal.  However no files or papers should be sent to Ministers or officers at their residences between 11.00 P.M. to 07.00 A.M. except in extreme emergency. This restriction does not apply to Cypher Telegram which may be sent to the residence of the concerned Minister and Officers by the Duty Cypher Officer, Crypto Centre, M/O Foreign Affairs, if the urgency of the matter demands it. Before doing so, the Duty Cypher Officer will contact the addressee on telephone     to confirm that they are available at the    residence to receive such cypher telegrams.

                        The nature of residence cases varies from office to office. Each Ministry / Division has its priorities/standing instructions for such cases. These cases  are to be dealt with great care without any delay. The cases pertaining to national security, reply of assembly questions, legislative matter etc., may be included in this category.

2.         IMMEDIATE

            These are the cases which require instant attention of the officer concerned. In the Secretariat Instructions such cases are to be disposed of finally within 24 hours. Label indicating "IMMEDIATE" is attached with such files and these files may be dealt on top priority basis. In many instances such files are delivered from one office to another by  hand in order to avoid delay involved in diarising process.

3.         PRIORITY

            Priority cases are those which are to be disposed of within three days. These cases are different than the routine cases. It should be clear that use of residence and immediate labels should be made most sparingly and every case should not be declared to be immediate or priority otherwise there would be no logic behind the use of these labels.

            Receipts wrongly marked to a section should be transferred promptly to the concerned section or returned to the Central Registry. Such receipts should not be diarized in the section to which they do not relate. Every section officer should go through the fresh receipt in order to check as to whether the receipt pertains to his section or not. If he considers that some receipts are important enough to be seen by higher officer before action is initiated, he should submit it to the Deputy Secretary or bring it to him by hand.

            In each Ministry/Division there are certain receipts which are filed directly under the standing instructions without taking any action on them. For instance advance copies of applications and requests not made properly (through proper channel) are filed without taking any action. However, in order to provide justice such applications may either be discussed with the Senior Officers or with the applicant, if possible. In a few cases such receipts are referred back to the concerned quarters alongwith the covering letter of the Ministry/Division.

SPECIMEN OF  NOTE

56.                   Ministry of Law, Justice & Human Rights vide FR have requested for posting of Mr. Muhammad Naeem, Section Officer, Establishment Division in Provincial Program Management Unit’s of Punjab on deputation basis for a period of three years.

57.                   It is pointed here that Ministry of Law, Justice & Human Rights have earlier requested for nomination of OMG officers for posting in Provincial Program Management Unit’s of Punjab, NWFP and Balochistan under Access to Justice Program on deputation basis.

58.                   The nomination of Mr. Muhammad Naeem, Section Officer, Establishment Division was forwarded to Ministry of Law, Justice & Human Rights for posting in PPMU, Punjab on deputation basis.

59.                   It is submitted here that Mr. Muhammad Naeem was appointed as Section Officer on the basis of Section Officers Promotional Examination 1999. The officer remained posted in the Cabinet Division, Finance Division and Establishment Division. He has not availed any posting/appointment on deputation during his entire service. He is also desirous for posting in Lahore due to some domestic problems.

60.                   It is stated here that the officer can be posted on deputation basis on standard terms and conditions of deputation contained in Establishment Division’s OM No. 1/13/87-R-I, dated 3-12-1990.

61.                   It is, proposed that as desired by Ministry of Law, Justice & Human Rights we may place the services of Mr. Muhammad Naeem, Section Officer, Establishment Division at their disposal further posting in PPMU Punjab on deputation basis.

62.                   Submitted for approval of JS(A) please.

                                              

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