GOVERNMENT OF THE KHYBER PAKHTUNKHWA

POLICE DEPARTMENT

 

NOTIFICATION

 

Peshawar, dated the 29th August, 2014.

 

No. 2950/E-V.---  In exercise of the powers conferred by Article 112 of the Police Order 2002 (Chief Executive Order No. 22 of 2002), the Provincial Police Officer, Khyber Pakhtunkhwa, with approval of the Government of the Khyber Pakhtunkhwa is pleased to make the following rules, namely:

 

THE KHYBER PAKHTUNKHWA POLICE DEPARTMENT

(RESEARCH AND ANALYSIS WING)

SERVICE RULES, 2014.

 

PART-I

GENERAL

 

1.         Short title, application and commencement.---(1) These rules may be called the Khyber Pakhtunkhwa Police Department (Research and Analysis Wing) Service Rules, 2014.

 

(2)       These rules shall apply to all employees of the Research and Analysis Wing of Police Department.

 

(3)       These rules shall come into force at once.

 

2.         Definition.---In these rules, the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say,-

 

(a)       “Appendix” means the Appendix appended to these rules;

 

(b)       “Appointing Authority” in relation to a post, means the persons authorized under rule 4 to make appointment to that post;

 

(c)       “Commission” means the Khyber Pakhtunkhwa Public Service Commission;

 

(d)       “employee” means an employee, who holds a post in the Service;

 

(e)       “Government” means the Government of the Khyber Pakhtunkhwa;

 

(f)        “initial recruitment” means appointment made otherwise than by promotion;

 

(g)       “post” means a post specified in column 2 of the Appendix;

(h)       “Province” means the Province of the Khyber Pakhtunkhwa;

 

(i)        “recognized university” means any university incorporated by law in Pakistan; and

 

(j)        “Service” means the Khyber Pakhtunkhwa Police Department (Information Technology Group) Service.

 

PART-II

METHOD OF APPOINTMENTS

 

3.         Method of appointment.---(1)  Appointment to posts shall be made by any of the following methods, namely:

 

(a)       by initial recruitment, on the recommendation of the Commission, in accordance with the provisions contained in the Appendix, and every vacant post of any pay scale which falls under direct initial recruitment quota shall be advertised in newspapers; and

 

(b)       by promotion, in accordance with the provisions contained in the Appendix.

 

4.         Appointing Authority.---The authorities competent to make appointment to posts in various basic pay scales shall be as follows:

 

S.No.	Posts.	Appointing Authority.
1.	Posts in Basic Pay Scale 18 and above.	Chief Minister.
2.	Posts in Basic Pay Scale 17.	Provincial Police Officer.
3.	Posts in Basic Pay Scale 16.	Additional Inspector General of Police (Headquarters).

 

5.         Departmental Promotion Board.---(1)In Police Department, there shall be a Departmental Promotion Board, for recommendation of officers for promotion to posts in BPS-19, BPS-18 and BPS-17, the composition of which shall be determined by the Provincial Police Officer, from time to time.

 

            (2)       The Departmental Promotion Board, shall consist of at least three members one of whom shall be appointed as Chairman.

 

            (3)       Persons possessing such qualifications and fulfilling such conditions as laid down in the Appendix, for the purpose of promotion to a post, shall be considered by the Departmental Promotion Board.

 

            (4)       No promotion on regular basis shall be made to any post unless the officer concerned has completed such minimum length of service as specified in the Appendix.

 

            (5)       If on an order of promotion or before promotion any employee declines, in writing to accept promotion, such employee shall not be considered for such promotion for the next four years following order:

 

            Provided that if he declines to avail the benefit of promotion for the second time then he shall stand superseded permanently for such promotion.

 

6.         Eligibility for initial recruitment.---(1) Subject to any relaxation in respect of a person or a class of a person, no person shall be appointed to the service by initial recruitment unless he is within age limit prescribed for the post in column 4 of the Appendix.

 

(2)       The age shall be reckoned from the last date notified for submission of application.

 

(3)       No person shall be appointed to the Service by initial recruitment unless he possesses the qualification specified in column 3 of the Appendix.

 

(4)       No person, not already in Government service, shall be appointed to the Service unless:

 

(a)       he produces a certificate of character from the head of academic institution last attended, and also the certificate of character from two other responsible persons, not being his relatives, who are well acquainted with his character and antecedents; and

 

(b)       he has appeared before the Standing Medical Board, Civil Surgeon or Medical Superintendent, as the case may be, and found fit for the Service.

 

PART-III

PROBATION AND CONFIRMATION

 

7.         Probation.---(1) Persons appointed to posts by initial recruitment, promotion or transfer, shall be on probation for a period of one year:

Provided that if his work or conduct during the period of probation has, in the opinion of the Appointing Authority, not been found satisfactory, the Appointing Authority may, notwithstanding that the period of probation has not expired:

 

(a)       dispense with his Service, if he has been appointed by initial recruitment; or

 

(b)       revert him to his former post, if he has been appointed otherwise, or if there be no such post, dispense with his Service; or

 

(c)       extend the period of probation for a period not exceeding one year  in all and may, during or on the expiry of such extended period, pass such orders as it could have passed during or on the expiry of the initial probationary period.

 

            (2)       On the successful completion of probation period, the Appointing Authority, shall by specific order, terminate the probation:

 

            Provided that if no specific order is issued on the expiry of the first year of probation period, the period of probation shall be deemed to have been extended for another one year:

 

            Provided further that if no specific order is issued on the expiry of extended period of probation, the period of probation shall be deemed to have been successfully completed.

 

8.         Confirmation.---(1) After successful completion of the period of probation and on passing such prescribed test or examination or acquisition of any certificate, diploma or degree, as may be prescribed in the letter of appointment, employee shall be eligible for confirmation; provided that he holds a substantive post.

 

(2)       An employee, who during the period of his Service was eligible to be confirmed, but retires before being confirmed shall not merely by attaining the age of superannuation be refused confirmation or any other benefit accruing therefrom.

 

(3)       There shall be no confirmation against a temporary post or in case of an employee under enquiry till the enquiry is completed and he is exonerated from the allegations or charges, leveled against him.

 

PART-IV

SENIORITY

 

9.         Seniority.---The seniority inter se of the persons borne on the Service shall be determined,-

 

(a)       in the case of persons appointed by initial recruitment, in accordance with the order of merit assigned by the Commission; provided that persons selected for appointment to a post in an earlier selections shall rank senior to the person selected on a later selection; and

(b)       in the case of persons appointed otherwise with reference to the date of their continuous regular appointment to the post; provided that the person selected for promotion to a higher post in one batch shall, on their promotion to the higher post, retain their inter se seniority as in the lower post.

 

PART-V

PENSION AND GRATUITY

 

10.       Pension and gratuity.---(1)  On retirement from Service, an employee shall be entitled to receive such pension or gratuity, as may be admissible to him.

 

            (2)       In the event of death of an employee, whether before or after retirement, his family shall be entitled to receive such pension or gratuity or both.

 

            (3)       No pension shall be admissible to an employee, who is dismissed or removed from Service for reason of discipline but competent authority may sanction compassionate allowance to such employee, not exceeding two-third of the pension or gratuity which would have been admissible to him had he been invalided from Service on the date of such dismissal or removal.

 

            (4)       If the determination of the amount of pension or gratuity admissible to an employee is delayed beyond one month of the date of his retirement or death, he or his family, as the case may be, shall be paid provisionally such anticipatory pension or gratuity, as may be determined by the prescribed authority, according to the length of Service of an employee, which qualifies for pension or gratuity, and any over payment on such provisional payment shall be adjusted against the amount of pension or gratuity finally determined, as payable to such employee or his family.

 

PART-VI

RETIREMENT, RESIGNATION AND

TERMINATION

 

11.       Retirement.---(1)  An employee shall retire from Service:

(a)       on such date after he has completed twenty-five years of Service, qualifying for pension or other retirement benefits, the Appointing Authority may, in public interests, direct; and

 

(b)       where no direction is given under clause (a), on completion of the sixtieth year of his age.

 

            (2)       No direction under clause (a) of sub-rule (1), shall be made until the employee has been informed in writing of the grounds on which it is proposed to make the direction and has been given a reasonable opportunity of showing cause against the direction.

 

12.       Resignation.---(1)  An employee may resign from Service by giving one month notice in writing. The resignation shall become effective on the expiry of the said period of the notice.

 

            (2)       No resignation shall become effective during the pendency of any disciplinary proceedings against an employee.

 

            (3)       Unless the resignation becomes effective, the employee shall not absent himself from the duty without prior approval of the competent authority. The leave shall be taken in writing and approved by the competent authority, if the employee has leave balance in his account.

 

            (4)       An employee, who is on probation or has been employed on temporary basis, may resign his service at seven (07) days prior notice. The resignation shall not become effective unless accepted by the Appointing Authority on such acceptance the Service of such employee shall stand discontinued. However, the acceptance in any case other than disciplinary proceedings, should be within thirty (30) days of receipt of the resignation by the Appointing Authority.

 

13.       Termination.---(1)  The Appointing Authority may terminate the Service of an employee by giving him one month notice with the reasons recorded in writing or by way of punishment duly awarded in accordance with these rules. Termination is also admissible during probation.

 

            (2)       The Appointing Authority shall have the option to pay to the employee at any time during the continuance of the notice, a sum equal to his basic pay and allowances for the unexpired period of notice in which case the termination shall become effective on the date such payment is tendered.

 

            (3)       The Appointing Authority may terminate the Service of any employee, on probation or on a temporary basis at one (01) month notice in writing with the reasons recorded in writing or by way of punishment duly awarded in accordance with these rules.      

 

14.       Application of general rules.---In all other matters, not specially provided for in these rules, the holder of posts under these rules shall be governed by the rules, made or deemed to have been made under the Khyber Pakhtunkhwa Civil Servants Act, 1973.