This
Section lays down rules pertaining to legal matters
connected with the process of recruitment, with particular
emphasis on submission of appeals and review petitions
by candidates, manipulations/alterations in official
documents, display of acts of cheating and misbehaviour
by candidates during examinations and tests.
Practices which are Prejudicial
to Fair, Transparent and Orderly Process of Selection
Following practices, if indulged in by any aspiring
candidate for service with Government of Sindh, will
be considered unfair and prejudicial to good, transparent
and orderly conduct of process of selection:
a.
Furnishes his/her particulars or information, which
is false or incorrect and from which advantage accrues
to the candidate.
b.
Suppresses material information.
c.
Attempts to influence the Members of the Commission,
the officers and officials of the Commission, any Advisor
and Departmental Representative called as member of
a selection panel/committee.
d.
Canvasses in any form for his/her induction in Service.
e.
Attempts to obtain support for his/her candidature through
improper means
f.
Submits forged certificates/degrees/or other documents.
g.
Tempers with the entries in his/her age and academic
certificates.
h.
Misbehaves in the examination hall.
i.
Displays an act of misconduct during examination or
test/interview.
j.
Fails to observe the instructions issued by the Commission.
k.
Uses unfair means in a test/exam conducted by the Commission.
l.
Impersonates at any stage of selection of process
in any form.
m.
Leaves any sign or evidence, puts his/her signature
and writes name or appeals on the answer sheet to the
examiners in any way to gain advantage.
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Action
Against Candidates Using Unfair Means
Candidate(s) found using unfair means in the examination
hall, is/are liable to disqualified and/or debarred
from any examination, test or interview for any post
held or to be held by the Commission in future, and/or
criminally persecuted/debarred from any employment with
the Government.
Opportunity to Candidates
to be Heard Any candidate who falls
in any category listed shall be given every opportunity
by the Member in Charge, to explain his/her position,
both in writing and by personal appearance. Action will
be taken against the candidate only after he/she has
failed to satisfy the Commission or has failed to respond
or appear before the Commission when asked to do so.
Procedure to be Adopted
Against Candidates Found Guilty of Violation of Rules
A candidate found guilty of misconduct, misbehavior
or violation of rules set for orderly, fair and transparent
recruitment process, shall be proceeded against, by
the Commission as under:
a. A candidate who violates any instructions or is found
to intentionally suppress or provides incorrect information
or submits forged/tempered documents with the aim to
get unfair advantage, will be served with a notice by
the Member in Charge. Such candidates are to be allowed
not more than fifteen (15) days, or less if urgency
so warrants, to explain his/her position in writing.
b.
Notice referred to in Sub-Article a above, shall provide
to candidates details of allegations against him/her.
c. If the candidate’s response to the notice is
acceptable to the Member in Charge, the matter will
be dropped.
d.
If the candidate’s explanation is not found
cogent and acceptable, he/she be given an opportunity
to appear for personal hearing before the Member in
Charge for his/her defence. If the candidate fails
to appear before the Commission, ex-parte proceedings
will be instituted against him/her and decision taken
accordingly.
e. The Member in Charge will carefully scrutinize the
evidence and explanation of the candidate to draw fair
and logical conclusion to determine if any action against
the candidate for the omission or unfair action is warranted.
f.
If the candidate fails to satisfy the Member in Charge
and there are strong evidences that proves his/her
misconduct, and in the opinion of Member in Charge,
he/she must be proceeded against, the case shall be
placed before the Full Commission with the permission
of Chairman, for further disciplinary action(s).
g.
If the candidate on his/her personal hearing satisfies
the Member in Charge, the case against him/her shall
be dropped.
h.
If any candidate is found guilty of omissions and/or
misconduct or use of unfair means, he/she is liable
to suffer one or more of the following actions:
-
Cancellation of his/her candidature for post applied
for.
-
Permanent disqualification from applying for any
SPSC advertised posts.
-
Temporary disqualification for applying for any
SPSC advertised posts.
-
Registration of criminal case for act of forgeries.
-
Any other action the Commission may deem fit.
Right of Appeal Against
SPSC Decisions Notwithstanding
anything to the contrary contained in the regulations,
all orders relating to initial scrutiny of applications,
eligibility and short-listing, which adversely affect
a candidate, may be assailed by an applicant through
an appeal to Sindh Public Service Commission within
15 days from the date of passing of such order. However,
any delay in the matter may be condoned for valid and
acceptable reasons. The appeal shall be disposed off
expeditiously by the concerned Member in Charge and
in his absence by a Member nominated by the Chairman.
Review
Petition
A candidate who is not satisfied by SPSC decision on
rejection of his/her appeal, may, within ten (10) days
of such rejection, file a Review Petition with the Commission.
The Chairman shall appoint any Member to process the
petition. The nominated Member of the Commission shall
decide the Review Petition within ten (10) days of its
receipt and inform the petitioner of its decision. The
decision of the Commission shall be final.
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Delay
in Decision on Appeals and Review Petitions
Any delay caused in the decisions on appeals or review
petitions due to reasons for want of information clarification
connected with it, from any Government Department or
other sources, an interim reply shall always be preferred
by Member in Charge to the appellant/petitioner.
Review Petition on Rejection
of Research Work A candidate can file
a review petition before Commission in case his/her
Research Work has been rejected on the ground that the
level or quality of his Research Work was not up to
the required standard or was not relevant to the job
description of the post. The Member in Charge, nominated
by Chairman to process the case, will decide the review
petition of the candidate according to the prescribed
procedure of the Commission. Where necessary, the Member
in Charge may grant personal hearing to the candidate.
If considered essential the expert or subject specialist
who evaluated the research work in the first place,
may also be consulted before final decision is arrived
at by Member in Charge. The decision of the Commission
on the candidate’s review petition will be final.
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Procedure
for Processing Appeals/Review Petitions
The Commission shall adopt following procedure for processing
appeals and review petitions:
a. The Chairman shall appoint a Member in Charge to
consider and decide the appeal.
b.
The concerned Branch shall receive the appeals/petitions
and expeditiously process the same, endorse its remarks
thereon and submit it to the nominated Member.
c. Member in Charge shall examine the appeal/petition
on the basis of facts submitted by the candidate and
remarks of the concerned Branch in Charge.
d.
The appellant/petitioner may be called upon for personal
hearing, if required.
e. Member in Charge shall, purely on the merit based
on facts available, assess and decide the appeal/review
petition.
f.
Decision taken by the Member in Charge shall be final.
g. Outcome of the appeal/review shall be conveyed to
the candidate without any delay on the prescribed form.
h.
While processing the appeals/review petitions, Chairman
SPSC shall be kept fully informed at all the stages
by the Member in Charge.
i.
Any subsequent representation received shall also be
processed in similar manner prescribed in the preceding
sub-articles.
Relaxation
of Time Period for Rectification of Correctible Omissions
by the Candidates
Where omissions are made due to certain unavoidable
circumstances, the Commission may, depending upon the
nature of each case, allow some additional time period
to candidates to make good the deficiencies. However,
such concessions will be restricted to submission of
the document(s) at least three (3) days before the final
Interview for the post. Changes in the contents of document
made after the Closing Date shall not be allowed in
any case.
Detection of Deficiencies/Anomalies
During the Process of Selection If at
any stage during the process of selection or even after
the recommendations have been sent to the concerned
Department, a candidate has been found to be deficient
in any of the conditionality of eligibility, his or
her eligibility will be cancelled and recommendations
(if sent) withdrawn.
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Maintenance
of Debarred Candidates List
An updated list of such candidate who have been debarred
or referred for disciplinary action, is to be maintained
to ensure that such candidates do not re-apply during
the period such restrictions are enforced on them. On
expiry of such period his/her name is to be removed
from the list so maintained.
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