66 tal-2017

B

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 19,733, 28 ta’ Frar, 2017 B 421

Taqsima B

A.L. 66 tal-2017

KOSTITUZZJONI TA’ MALTA

Regolamenti tal-2017 tal-Proċedura ta’ Dixxiplina

tal-Kummissjoni dwar is-Servizz Pubbliku

TAQSIM TAR-REGOLAMENTI

Regolamenti

Taqsima I

Preliminari

1 - 2

Taqsima II

Dispożizzjonijiet Ġenerali li jirregolaw

Proċedimenti Dixxiplinari

3 - 9

Taqsima III Miżuri Temporanji waqt li Proċedimenti

Dixxiplinari jew Kriminali jkunu pendenti

10 - 12

Taqsima IV Reati Kriminali

13 - 15

Taqsima V

Proċedimenti Dixxiplinari taħt Delega ta’

Awtorità

16 - 24

Taqsima VI Proċedimenti Dixxiplinari meta ma jkunux

ġew delegati s-Setgħat ta’ Dixxiplina

Taqsima VII Reati u Pieni

Taqsima

Appelli minn Deċiżjonijiet Dixxiplinari u

VIII

Reviżjoni ta’ Rakkomandazzjonijiet li jkunu

saru mill-Kummissjoni

27 - 30

Taqsima IX Tneħħija mill-Kariga

31 - 32

Taqsima X

Mixxellanji

33 - 39

Skeda ta’ Reati u Pieni

A.L. 66 tal-2017

KOSTITUZZJONI TA’ MALTA

Regolamenti tal-2017 tal-Proċedura ta’ Dixxiplina

tal-Kummissjoni dwar is-Servizz Pubbliku

BIS-SAĦĦA tas-setgħat mogħtija bl-artikolu 121 tal-

Kostituzzjoni ta’ Malta, il-Kummissjoni dwar is-Servizz Pubbliku,

wara konsultazzjoni mal-Prim Ministru, għamlet dawn ir-regolamenti

li ġejjin:-

Taqsima I - Preliminari

(1) The title of these regulations is Public Service Citation and

commmence-

Commission Disciplinary Regulations, 2017.

ment.

(2) These regulations shall come into force on 1st March,

2017.

(1)

In these regulations, unless the context otherwise

requires

"the 1977 Regulations" means the Public Service Commission

(Disciplinary Procedure) Regulations, 1977;

"the 1999 Regulations" means the Disciplinary Procedure in the

Public Service Commission Regulations, 1999;

"Agency" has the meaning assigned to it by article 2(1) of the

Public Administration Act;

"Attorney General" means the Attorney General appointed

under article 91 of the Constitution, or a legal officer authorised by

him;

"the Board" means a Disciplinary Board appointed as provided

for in regulation 18(3);

"the Commission" means the Public Service Commission as

constituted under article 109 of the Constitution;

"the Constitution" means the Constitution of Malta as enacted

by the Malta Independence Order, 1964, and as subsequently

amended;

"definite suspension" means suspension without pay as a

penalty following disciplinary proceedings, and "suspend for a

definite period" shall be understood accordingly;

"department" has the meaning assigned to it by article 2(1) of

the Public Administration Act and, for the purposes of these

regulations, includes also

(a)

a ministry; and

(b) an agency, government entity or another public body

to which a public officer may be assigned;

"Executive Secretary" means the Executive Secretary to the

Public Service Commission;

"Government entity" has the meaning assigned to it by article

2(1) of the Public Administration Act.

"Head of Department" means the head of any department of

Government that is listed in the Second Schedule to the Public

Administration Act, but for the purpose of these regulations also

includes

(a)

Permanent Secretaries and Directors General and

Directors other than Heads of Department;

(b) any other public officer or authority, not being a

Head of Department, to whom power to exercise disciplinary

control has been delegated in accordance with article 110 of the

Constitution;

"Head of the Public Service" means the public officer holding or

acting in the office of Principal Permanent Secretary in terms of

article 14 of the Public Administration Act;

"ministry" has the meaning assigned by article 2(1) of the

Public Administration Act;

"misconduct" means unacceptable conduct comprising, but not

limited to, breach of discipline, conduct which brings the public

service into disrepute, including failure to comply with laws, rules,

regulations or codes governing the public service;

"Permanent Secretary" means a public officer appointed as

Permanent Secretary in terms of article 92(3) of the Constitution;

"precautionary suspension" means suspension in the public

interest in terms of regulation 12 pending the conclusion of

disciplinary or criminal proceedings, and “suspend for precautionary

purposes” shall be understood accordingly;

"public officer" or "officer" means a public officer as defined by

article 124(1) of the Constitution;

"public service" or "service" means the public service as

defined by article 124(1) of the Constitution;

"salary" means basic salary;

"Schengen area" means the states which are parties to the

Schengen Agreement, as defined in regulation 2 of the Immigration 217.04

Regulations;

"Standing Disciplinary Panel" means a panel established in

terms of regulation 18(1);

"statement of charges" means the written statement by means of

which a public officer is accused of a disciplinary offence or offences

in terms of regulation 17(1);

"summary suspension" means suspension on no pay by the

Head of Department as an interim measure in terms of regulation

10(1), and “summarily suspend” shall be understood accordingly.

(2) In these regulations, unless the context otherwise requires,

any reference to the holder of a particular office shall include any

person performing the functions of that office during any period in

which it is vacant or the holder thereof is absent.

Part II - General Provisions governing Disciplinary Proceedings

(1) Nothing in these regulations shall prevent the Powers of the

Commission, with the consent of the Prime Minister, from issuing Commission.

directives and guidelines to delegated authorities concerning the

interpretation and operation of these regulations and the exercise of

any functions assigned to them under these regulations or delegated

to them under article 110 of the Constitution.

(2) An instrument of delegation issued under article 110 of the

Constitution may provide for a penalty which shall not exceed fifteen

(15) working days suspension without pay and a warning of

dismissal.

(3) Notwithstanding anything in these regulations, the

Commission shall have power to take or to refrain from taking such

action as it may deem appropriate to take or not to take in the

circumstances, and any request or directive by the Commission, if it

deems fit in the particular circumstances, to any public officer, board

or other authority, other than the Prime Minister, performing

functions under these regulations or otherwise under the authority or

on behalf of the Commission, shall be complied with by any such

public officer, board or authority.

(4) The Commission may, at its discretion, enquire into the

exercise of disciplinary control by any Head of Department.

(5) Where the Commission considers that a Head of

Department has abused or misused his delegated authority or has

failed to exercise proper disciplinary control within his area of

jurisdiction, it may recommend to the Prime Minister that the

instrument of delegation in respect of that Head of Department be,

partly or fully withdrawn and, where appropriate, that disciplinary

action be taken in terms of these regulations.

(6) Where the Commission is satisfied that a public officer,

board or other authority, other than the Prime Minister, performing

functions under these regulations has -

(a)

failed to comply with any direction or ruling given

by the Commission under these regulations, or

(b) failed to observe any of these regulations, or has

failed to perform satisfactorily any functions required under

these regulations,

it may report the case to the Prime Minister with the recommendation

that action in terms of these regulations be taken in respect of the

defaulting officer, board or other authority and the Commission may

also take action directly under the second proviso to regulation 18(2)

to remove any member of the Standing Disciplinary Panel.

(1) An officer shall become liable to disciplinary

proceedings under these regulations for misconduct, which includes

(a)

unprofessional or unethical behaviour;

(b) behaviour disrespectful to colleagues, superior

officers or members of the public; and

(c)

neglect or dereliction of duty.

(2) Without prejudice to the generality of the foregoing, an

officer shall become liable to disciplinary proceedings under these

regulations for any of the offences listed in the Schedule of Penalties

and Offences.

(3) These regulations shall not impede the application of Title

IV of Part II of the Police Act and of the Prisons Act, with respect to

disciplinary action taken by the Commissioner of Police, acting under

delegated authority, against police officers.

(1) An officer shall report to the Head of Department, Offences to be

by any appropriate means, any misconduct committed by an officer reported

delay.

under his responsibility by not later than five (5) working days after

he becomes aware of the offence.

(2) A failure on the part of any officer to act in accordance

with sub-regulation (1) shall not invalidate disciplinary proceedings

for the said misconduct taken by higher authorities.

(3) An officer against whom an offence under these

regulations has been committed (the victim) shall be entitled to file a

formal complaint in writing with the Head of Department of the

officer allegedly committing the offence (the perpetrator) by not later

than six (6) months from the date when the alleged offence is

committed. The Head of Department shall decide whether or not to

initiate disciplinary proceedings in terms of these regulations against

the officer in respect of whom the complaint is made, after carrying

out a preliminary investigation which is to be concluded by not later

than fifteen (15) working days from the date he receives the written

complaint.

(1) An officer charged with a disciplinary offence under Rights of an

officer

these regulations shall

answering

disciplinary

charges.

(a)

be entitled to have access to all documentary

evidence to be used against him, and shall be given ten (10)

working days within which to consider that evidence and to

reply thereto; and

(b)

have an adequate opportunity to make his defence.

(2) Any documentary evidence produced after the

commencement of the hearing of the case shall not be used against the

officer unless the officer has been supplied with a copy thereof or

given access thereto and given not more than five (5) working days to

consider the additional evidence and reply thereto.

(3) An officer answering disciplinary charges shall be entitled

to the assistance of a person or persons of his choice in the

preparation and presentation of his case and at every stage of any

hearing before a Disciplinary Board or before the Commission,

including any hearing on appeal.

(4) An officer answering disciplinary charges shall be entitled,

as soon as possible, to know the decision on any report or charge and

the penalty, if any, imposed upon him by the Head of Department or

the Commission. Such information shall be communicated in writing

by the Head of Department or the Executive Secretary to the

Commission, as the case may be.

(5) Where an officer answering disciplinary charges is entitled

to be notified of any matter or given any information under these

regulations, such entitlement shall, unless these regulations prescribe

otherwise, be held to have been discharged if the notification is

delivered to the address most recently reported by the officer to his

department as his home address, and if proof of delivery is retained.

(6) Nothing in this regulation shall be taken as precluding the

discharge of the said entitlement through the delivery of the

notification or information directly to the officer answering charges

or by other means, including electronic means, provided that proof of

such delivery is retained.

A Head of Department issuing charges of misconduct

against an officer under these regulations may be present and may

also be represented by any person or persons of his choice, at every

stage of any hearing before a Disciplinary Board or before the

Commission, including any hearing on appeal.

(1) Whenever the public officer against whom

disciplinary proceedings are to be taken happens to be a Head of

Department, or any other senior public officer to whom powers to

exercise disciplinary action has been delegated, the Head of the

Public Service shall take such action as a Head of Department is

empowered to take under these regulations, or delegate such power to

a Permanent Secretary.

(2) Where a Head of Department considers that there exist

justifiable reasons or circumstances which make it inadvisable for

him to involve himself in disciplinary action against a particular

officer under his charge, he shall consult the Permanent Secretary of

the respective Ministry, who may in turn, take such action as a Head

of Department is empowered to take under these regulations

Provided that where the Head of Department happens to be

a Permanent Secretary, he shall consult the Head of the Public

Service, who may, in turn, take such action as a Head of Department

is empowered to take, or delegate this power to another Permanent

Secretary.

Whenever the public officer against whom disciplinary Proceedings

proceedings are to be taken happens to be serving in an office or against

officer not

establishment which does not form part of any department of serving

department of

Government, the Permanent Secretary supervising that establishment government.

shall take such action as a Head of Department is empowered to take

under these regulations

Provided that the Prime Minister, acting on the

recommendation of the Public Service Commission, may delegate

such power to a senior officer of such office or establishment under

such conditions as may be specified in the instrument of delegation.

Part III - Interim Measures pending Disciplinary

or Criminal Proceedings

(1) Whenever a Head of Department considers it necessary Summary

that an officer under his responsibility should be summarily suspension.

suspended on grounds of an alleged misconduct, or for disobeying

lawful orders, whether written or verbal, he may summarily suspend

the officer for a period not exceeding eight (8) working days.

(2) An officer under summary suspension in terms of this

regulation shall have his salary withheld for the duration of the

suspension, subject to sub-regulations (3) and (4).

(3) An officer under summary suspension shall have the right

to report back to work immediately the period of summary suspension

in terms of sub-regulation (1) expires and if the Head of Department

fails to initiate disciplinary proceedings against the officer in

accordance with regulations 17 or 25, the officer shall be refunded the

full amount of salary withheld during the period of summary

suspension. No record of the summary suspension shall be entered in

the officer’s record of service.

(4) Where disciplinary action has been taken against a

summarily suspended officer under these regulations and the officer

is subsequently found guilty of the charge, the period of summary

suspension shall be taken into account in determining the penalty to

be imposed and adjustments to his salary shall be made, as and where

appropriate. Where, however, an officer is acquitted, he shall be

refunded the full amount of salary withheld during the period of

summary suspension.

(1) When it comes to the notice of a Head of Forced leave.

Department that an officer under his responsibility -

(a)

is being investigated or has been arrested by the

police in connection with a criminal investigation; or

(b) is being

investigated

in

connection

with

a

disciplinary offence,

the Head of Department may direct the officer to avail himself of

vacation leave for a single period up to a maximum of one hundred

(100) hours and the officer shall comply.

(2) The officer’s vacation leave entitlement for that year shall

be augmented by the equivalent of the leave taken in accordance with

sub-regulation (1) if

(a)

the police investigation does not result in the

arraignment of the public officer concerned; or

(b) the investigation carried out by the Head of

Department does not result in the taking of any disciplinary

action; or

(c)

the public officer is acquitted from all the charges

against him, being criminal or disciplinary.

(1) When it comes to the notice of a Head of

Department that an officer under his responsibility -

(a)

may have committed a serious disciplinary offence;

or

(b) further investigation is necessary to establish

whether disciplinary or criminal proceedings are warranted; or

(c)

is to be arraigned in court or is being investigated or

has been arrested by the police in connection with a criminal

offence,

and the Head of Department considers it necessary and in the public

interest that the officer should be suspended for precautionary

purposes from the exercise of the powers and functions of his office,

he shall make a recommendation to the Commission for the

precautionary suspension of the officer, giving reasons in justification

of his opinion.

(2) The Commission shall consider the opinion of the Head of

Department and shall recommend to the Prime Minister whether or

not the officer should be suspended for precautionary purposes.

(3) The Head of Department may suspend the officer from the

exercise of the powers and functions of his office, for precautionary

purposes, pending the decision of the Prime Minister acting on the

recommendation of the Commission.

(4) In the event that the request for precautionary suspension

is not authorised by the Commission, the officer under suspension

shall be immediately recalled for duty and shall be refunded any

salary withheld during the period of precautionary suspension.

(5) A public officer who is suspended for precautionary

purposes shall receive half salary unless the Commission, after

consulting the Head of the Public Service, approves that he receives a

higher proportion of the salary.

(6) If the disciplinary or criminal proceedings do not result in

the dismissal or other punishment of the officer, he shall be entitled to

the full amount of salary which he would have received if he had not

been suspended for precautionary purposes. If the punishment is other

than dismissal, he may be refunded such proportion of the salary

withheld as a result of his precautionary suspension as recommended

by the Commission. If the punishment is dismissal, the officer shall

forfeit the salary withheld as a result of his precautionary suspension.

(7) Where an officer against whom disciplinary or criminal

action has been taken and is pending, ceases to be a public officer

before the conclusion of such action, any salary withheld as a result

of his precautionary suspension shall not be refunded unless he is

acquitted of all the charges brought against him. If the officer dies

when proceedings are still pending, any salary withheld as a result of

his precautionary suspension is refunded to his heirs

Provided that, when an officer who has had his salary

withheld as a result of his precautionary suspension ceases to be a

public officer before any disciplinary or criminal charges are issued,

then the officer shall be refunded the salary which had been withheld

from him during the period of his precautionary suspension.

(8) An officer who is under precautionary suspension shall not

have access to any official premises identified by the Head of

Department, and shall not remove, destroy or add to, or cause to be

removed, destroyed or added to, any official document, instrument or

matter.

(9) An officer who is suspended for precautionary purposes in

terms of sub-regulation (1)(c), shall seek the permission of the Head

of Department if he wishes to travel outside the Schengen area. The

Head of Department shall consult the Commissioner of Police before

granting such permission. Any such officer who leaves Malta without

the required permission shall be liable to disciplinary action, which

action may be one leading to dismissal.

(10) Notwithstanding the provisions of sub-regulations (5), (6),

and (7), if an officer is in prison under preventive custody or serving a

court sentence, no salary shall be due to the officer during the period

of imprisonment whether such officer is subsequently found guilty of

the offence with which he is charged or otherwise.

Part IV - Criminal Offences

(1) When it comes to the notice of a Head of

Department that an offence allegedly committed by a public officer

under his responsibility may be of a criminal nature, he shall consult

the Attorney General as to whether a prosecution should be instituted

or, if the latter does not advise a prosecution, as to whether

disciplinary action should be taken under these regulations. In the

latter case, the charges framed against the officer shall be approved

by the Attorney General before the officer is required to answer them

or before any disciplinary proceedings are instituted.

(2) If criminal proceedings are instituted against a public

officer in any court, the officer shall so inform his Head of

Department within three (3) working days from the day after the

commencement of such proceedings. The Commissioner of Police

shall also report to the Head of Department that criminal proceedings

are being instituted against the said public officer

Provided that neither the officer nor the Commissioner of

Police shall be obliged to inform the Head of Department about

criminal proceedings instituted solely in connection with a

contravention, unless that contravention is alleged to have occurred at

the officer’s place of work or is related to his duties.

(3) Whenever it comes to the notice of the Head of

Department that a public officer under his responsibility is to be

arraigned in court or is being investigated or has been arrested by the

police in connection with a criminal offence which is of a nature

likely to warrant disciplinary action, he shall forthwith report the

facts to the Commission with a recommendation giving reasons as to

whether the officer should or should not be suspended for

precautionary purposes from the exercise of his powers and functions.

No disciplinary proceedings against such an officer upon any grounds

involved in the criminal charge shall be taken until the conclusion of

the criminal proceedings and the determination of any appeal. The

report referred to the Commission by the Head of Department shall be

copied to the officer undergoing criminal proceedings.

(4) Where the Head of Department has recommended to the

Commission that the officer should be suspended for precautionary

purposes, he may suspend the officer from the exercise of the powers

and functions of his office pending the decision of the Prime Minister

acting on the recommendation of the Commission.

(1) A public officer acquitted of a criminal charge in Disciplinary

any Court shall not be dismissed or otherwise punished on any charge action

acquittal of

upon which he has been acquitted, but nothing in this regulation shall criminal charge.

prevent his being dismissed or otherwise punished on any other

charge arising out of his conduct in the matter, unless the charge

raises substantially the same issues as those on which he has been

acquitted.

(2) Whenever a Head of Department, or his delegated

representative, proposes to take disciplinary action against an officer

in terms of regulation 17 and in accordance with sub-regulation (1),

he shall submit, within five (5) working days from when he becomes

aware of the court judgement that has become final and definite, the

proposed statement of the charges to the Attorney General for his

approval. The Head of Department shall await the Attorney General’s

approval before initiating any disciplinary proceedings.

(3) Where a public officer has been acquitted of a criminal

charge, the Head of Department shall inform the Commission of the

outcome of the criminal proceedings and whether he proposes to take

or not to take any disciplinary action against the officer in accordance

with sub-regulation (2). When applicable, the Head of Department

shall also make a recommendation as to whether or not the

precautionary suspension should be lifted, giving reasons.

(4) In considering the proposal by the Head of Department,

and in accordance with sub-regulation (3), the Commission shall

decide -

(a)

whether the officer’s precautionary suspension

should be maintained, or whether it should be lifted and, in the

latter case;

(b) whether any part of the salary withheld from the

officer during his precautionary suspension should be refunded

to him, or whether a decision on this matter should be held in

abeyance pending conclusion of the disciplinary proceedings.

(1) If a public officer has been found guilty of a Disciplinary

criminal charge, the findings of the Court on such charge shall be action

conviction on

referred by the Head of Department to the Commission.

criminal charge.

(2) The Commission, after considering the findings of the

Court, and of the Court of Appeal, if any, the nature of the misconduct

and whether such misconduct has a direct or indirect relation to the

duties of the officer concerned, shall make a recommendation to the

Prime Minister as to the penalty, if any, to be imposed

Provided that if the Commission considers that the

appropriate penalty following conviction on a criminal charge shall

be dismissal or a warning of dismissal or the forfeiture of any salary

withheld, it shall inform the officer of his right to make written

representations to the Commission within a period of ten (10)

working days from such notification and the Commission shall

consider such representations and may give the officer the

opportunity of an oral hearing before making a recommendation to

the Prime Minister.

(3) If an officer who has been suspended for precautionary

purposes as a result of criminal proceedings is found guilty and the

proposed penalty following conviction is other than dismissal, the

Commission may recommend the lifting of the precautionary

suspension without prejudice to the possibility of the forfeiture of the

salary withheld or the imposition of disciplinary penalties.

Part V - Disciplinary Procedure under Delegated Authority

The provisions of this Part shall only apply where the

exercise of disciplinary powers and control have been delegated to a

Head of Department or other officer or authority by the Prime

Minister in accordance with article 110 of the Constitution, and shall

only so apply to the extent specified.

(1) Whenever it comes to the notice of a Head of

Department that an officer in his department may be guilty of

misconduct or breach of discipline the following provisions shall

apply

(a)

the Head of Department shall, after conducting the

necessary preliminary investigations but in no case later than

thirty (30) working days from the date when the alleged offence

comes to his notice, or not later than ninety (90) working days

from the date of the signing of a report made in terms of the

Inquiries Act, prepare a written statement of charges against the

officer concerned and he shall also inform the officer whether in

his opinion the charge or charges constitute a minor or a serious

offence and whether the offence could lead to dismissal;

(b) the officer shall be allowed ten (10) working days

from the date on which the statement is delivered to him in

accordance with regulation 6(5) and (6), to reply in writing to

the charge or charges made against him, stating any grounds on

which he relies to exculpate himself;

(c)

a correction to the statement of charges may be

made by the Head of Department, by means of a note in writing

to the officer charged and to the disciplinary board, as the case

may be, at any time during the proceedings, provided that the

correction does not alter the substance of the charges;

(d) if, after considering the officer’s reply, the Head of

Department is satisfied that the officer has exculpated himself,

he shall so inform the officer. All the documents related to the

case shall be destroyed after two (2) months from the date the

officer is so informed;

(e)

if the officer admits the charge or charges, the Head

of Department shall communicate to the officer charged his

decision on the charge or charges and the penalty, if any;

(f)

if the officer does not furnish a reply within the

period specified, or does not in the opinion of the Head of

Department exculpate himself, the Head of Department shall,

within ten (10) working days from the receipt of a reply or from

the date on which such a reply was due, refer the case to a

Disciplinary Board appointed under regulation 18. The letter to

the Disciplinary Board shall be copied to the officer charged.

(2) Notwithstanding the provisions of sub-regulation (1) -

(a)

no action shall be taken in respect of a minor offence

which has occurred earlier than twelve (12) months from the

time when the alleged minor offence comes to the notice of the

Head of Department;

(b) where the officer charged had been given notice that

the charges are serious, the Head of Department may, at any

stage of the proceedings and for sufficient and justifiable

reasons, decrease the categorisation of the charges from a

serious offence to a minor one.

In such cases, the Head of Department shall enter a note in

the records of the case specifying the reasons why he had decreased

the categorisation of the disciplinary charge

Provided that, where the Head of Department had given

notice to the officer charged that the charges, if proved, could lead to

dismissal, the implementation of any such change of decision shall

require the approval of the Commission.

(1) The Permanent Secretary of each Ministry shall,

subject to the approval of the Commission, establish a Standing

Disciplinary Panel consisting of suitable and competent former public

officers.

(2) Members of the Standing Disciplinary Panel of a ministry

shall serve thereon for a period of twenty-four (24) months. Subject to

the Commission’s approval, members may serve for further terms of

twenty-four (24) months in other Ministries

Provided that any previous or concurrent service with the

Standing Disciplinary Panel of a particular ministry shall not be taken

into consideration for the purpose of this sub-regulation in the event

that a person is nominated to the Standing Disciplinary Panel of

another ministry

Provided further that a member of the Panel of any

ministry may be removed by the Commission, at its discretion, at any

time.

(3) A Disciplinary Board for the purpose of regulation 17(1)(f)

shall consist of at least three (3) persons, who shall be appointed by

the Head of Department from among suitable and competent public

officers, and, or persons listed in the Standing Disciplinary Panel of

the relevant ministry

Provided that the Disciplinary Board appointed shall be

chaired by a public officer who shall be

(a)

an officer performing duties within the same

ministry;

(b) not less than two (2) salary scales above that of the

officer charged and not below salary scale 10;

(c)

in salary scale 5 or higher if it is specified in the

statement of charges that if proved, the charges may lead to

dismissal;

(d) in a salary scale not below that of the officer charged

whenever the officer charged is in salary scale 3 or higher.

(4) If a public officer is appointed as a member of the

disciplinary board, he shall be

(a)

an officer performing duties within the same

ministry; and

(b)

at least one salary scale above that of the officer

charged

Provided that where the officer charged is in salary scale 3

or higher, the member shall be in a salary scale not below that of the

officer charged.

(5) Where no officers within the respective ministry satisfy the

criteria of sub-regulations (3) and (4), the Permanent Secretary

responsible for the same ministry shall seek the assistance of the

Head of the Public Service, or any other officer acting on his behalf,

in appointing a disciplinary board.

(6) The Chairperson and members serving on the Board shall

not be connected with the case of discipline and they shall not be

related up to the third degree to the officer charged. Where any

member of the Board is connected with the case of discipline, or

would be placed in a conflict or an apparent conflict of interest if he

sat on the disciplinary board, he shall accordingly inform the Head of

Department, who shall nominate a substitute in keeping with sub-

regulations (3) and (4).

(7) Where serious objections are raised by the officer charged

or by his representative that the Chairperson and, or any of the

members of the Board are in some way prejudiced against him, the

officer charged may accordingly petition the Head of Department

before the start of the hearing. Pending the decision of the Head of

Department, the disciplinary proceedings shall be suspended.

(8) If the Head of Department accepts a petition under sub-

regulation (7), he shall appoint a fresh Board or make appropriate

changes to the Board in keeping with sub-regulations (3) and (4). The

petitioning officer shall be informed accordingly.

(9) If the Head of Department does not accept the petition

under sub-regulation (7), he shall inform the petitioner accordingly,

who shall have the right to refer his petition, within five (5) working

days from the date he is so informed, to the Permanent Secretary of

the respective ministry for his consideration. The decision of the

Permanent Secretary shall be final.

(1) Before every appointment on a Disciplinary Board, Functions and

Chairpersons and members of Disciplinary Boards shall take an oath powers

Disciplinary

or solemn declaration before a Commissioner for Oaths.

Boards.

(2) Every Disciplinary Board appointed under regulation 18 to

investigate the case shall establish the facts and communicate its

findings to the Head of Department and to the officer charged by not

later than thirty (30) working days from the date on which the case is

referred to it.

(3) The Disciplinary Board shall have the power to

(a)

seek expert advice whenever it considers such

advice to be necessary or expedient;

(b) summon persons as witnesses to give evidence and

to produce documents in their possession; and

(c)

administer oaths.

(4) The period of thirty (30) working days specified in sub-

regulation (2) may be extended by the Head of Department up to a

maximum of another thirty (30) working days.

(5) Where serious and justifiable reasons exist which, in the

opinion of the Head of Department, preclude the Board from making

a report of its findings earlier than the prescribed period of thirty (30)

days and any extension thereof, the Head of Department shall refer

the matter to the Commission for its direction.

(1) In exercising its functions under these regulations, a

Disciplinary Board shall afford a fair opportunity to both sides to

present their case, but shall dispense with all undue formalities and

ensure that justice is done expeditiously and according to the

substantive merits of the case.

(2) Notice of not less than ten (10) working days shall be

given of the time and place of the first hearing to the Head of

Department and to the officer charged. Every notice shall be signed

by the Chairperson and delivered in accordance with regulation 6(5)

and (6). The date and time of any subsequent hearing shall be

determined by the Disciplinary Board in consultation with both

parties to the case.

(3) If either party fails to appear at a hearing of the

Disciplinary Board, and the Board is satisfied that notice of the

hearing was given in accordance with this regulation, it may proceed

with the case notwithstanding the absence of that party if, taking all

circumstances into account, including the requirement to conclude

proceedings expeditiously, the Board is of the opinion that it ought so

to proceed with the case.

(4) The following procedure shall apply to the hearing by a

Board

(a)

the hearing shall be held in private;

(b) the officer charged shall be given the full

opportunity to defend himself and to produce witnesses whose

evidence is relevant and material to the case;

(c)

each party to the case may cross-examine the

witnesses called by the other party or by the disciplinary board,

and the board may also put questions to the witnesses.

(5) The Disciplinary Board may regulate its own procedure at

the hearing. It may also seek a ruling from the Commission on

questions of procedure or the interpretation of these regulations; and

any such ruling by the Commission shall be binding on the

Disciplinary Board

Provided that in respect of queries raised by either party,

such ruling shall be communicated to both parties.

(1) Where, in the opinion of the Disciplinary Board, the Disclosure of

evidence it has before it discloses other prima facie related prima

grounds for

misconduct on the part of the officer charged, the hearing shall be additional

charges.

suspended and the following procedure shall apply

(a)

the Disciplinary Board shall report the matter to the

Head of Department and to the officer charged;

(b) if the Head of Department thinks fit to proceed

against the officer he shall furnish the officer with a statement

of charges for the additional misconduct disclosed, and the

procedure described in regulation 17 shall apply;

(c)

in drawing up the statement of charges under

paragraph (b), the Head of Department may, if applicable and if

he deems it necessary in the light of the additional charges,

increase the level of seriousness ascribed to the original case or

designate the charges as potentially leading to the officer’s

dismissal in which case the provisions of regulation 18(3) and

(4) shall apply as to the composition of the Disciplinary Board;

(d) unless recomposed, the Disciplinary Board shall

continue to hear the case on the basis of both statements of

charges received and shall grant both parties to the case the

opportunity to present additional witnesses in connection with

the additional charges.

(2) Where, in the opinion of the Disciplinary Board, the

evidence produced discloses other misconduct not related to the

original charge, it shall refer such evidence to the representative of

the Department who shall, in turn, refer the evidence to the Head of

Department and the procedure laid down in regulation 17 shall apply.

(3) The provisions of sub-regulation (2) shall not be invoked

when the additional grounds constitute a minor offence that would

have lapsed after twelve (12) months.

(1) At the conclusion of its investigation, and before it

submits the report to the Head of Department and to the officer

charged, the Board shall ensure that its conclusions are verbally

communicated to the parties at a final session held for the purpose.

(2) A report on the findings shall comprise -

(a)

a summary of such parts of the evidence as the

Board considers relevant;

(b) the findings of the investigation on material

questions of fact;

(c)

a statement whether in the Board’s opinion the

officer charged has or has not committed the offence or offences

charged and a brief statement of the reasons for that opinion;

(d) details of any matters which alleviate or aggravate

the gravity of the case.

(3) The report of the Board shall not include any

recommendation regarding the penalty that may be imposed.

(1) After the findings of the Board are communicated to

the Head of Department and to the officer charged, the following

procedure shall apply in all cases, except where the Head of

Department had given notice to the officer charged that the charges, if

proved, could lead to dismissal

(a)

the

officer

charged

may

make

written

representations or ask for an appointment to make oral

representations to the Head of Department, within ten (10)

working days from the date on which the findings of the Board

are communicated to him, and such representations shall clearly

state the grounds on which they are based;

(b) the Head of Department shall consider any

representations made to him by the officer charged and shall, by

not later than ten (10) working days from the date such

representations reach him, communicate to the officer his

decision on the charge or charges, whether he accepts the

Board’s findings, and on the penalty, if any, that he has

imposed;

(c)

whenever an officer admits a charge or fails to make

any representations to the Head of Department within the period

specified in paragraph (a), the Head of Department shall

communicate to the officer charged, by not later than ten (10)

working days, his decision on the findings of the Board and the

penalty imposed, if any;

(d) whenever it results from the findings of the Board

that the offence, contrary to what was originally stated by the

Head of Department, was not of a serious nature, the Head of

Department may award a lesser penalty than that applicable for

serious offences, provided that in such cases the Head of

Department shall enter a note in the records of the case

specifying the reasons why he accepted the findings of the

Board and consequently awarded a lesser penalty.

(2) In the case of an offence where the Head of Department

had given notice to the officer charged that the charges, if proved,

could lead to dismissal, the following procedure shall apply

(a)

the Head of Department shall, within five (5)

working days from receipt of the Board’s report, send a copy to

the Commission;

(b) if after considering the report of the Board and the

circumstances of the case, the Head of Department is of the

view that it warrants a lesser penalty than dismissal, he shall

enclose with the report the reasons which led him to reconsider

the original charge;

(c)

in giving consideration to the Board’s findings and

to any submissions made by the Head of Department in terms of

the foregoing, the Commission may give an opportunity to the

officer charged and to the Head of Department to make oral

representations;

(d) after considering the findings of the Board and the

representations made to it, the Commission shall make its

recommendation to the Prime Minister both as to the guilt or

otherwise of the officer charged and as to the penalty imposed,

if any.

(1) The record of any disciplinary proceedings shall

include the following

(a)

any written report made against an officer, or a

written record of any verbal report;

(b)

any statement of charge or charges;

(c)

any written representations made by the officer

charged by way of reply to the charge or charges or otherwise in

the course of proceedings;

(d) copies of all documents, papers and files received by

the Disciplinary Board from any party in connection with the

proceedings;

(e)

notes of evidence taken by the Disciplinary Board

shall include a statement of all persons present during the

hearing and a transcript of the evidence of all sessions held;

(f)

any decision taken or any recommendation made by

a Head of Department regarding the guilt or otherwise of an

officer, and the penalty or penalties, if any, awarded;

(g) any written representations made by the officer

charged in regard to the findings of a Disciplinary Board, or in

regard to any penalty awarded.

(2) Any attempt to tamper with or to destroy the record of

proceedings shall be considered as a serious offence.

(3) A Head of Department shall comply with any instructions

that may be issued by the Head of the Public Service, from time to

time, with the concurrence of the Commission, with regard to the

holding of records relating to disciplinary proceedings.

Part VI - Disciplinary Procedure when Disciplinary Powers

have not been delegated

Where disciplinary control has not been delegated to a

Head of Department or another officer or authority in accordance

with article 110 of the Constitution, or where delegated powers have

been withdrawn, the following provisions and procedures shall apply

(a)

whenever it comes to the knowledge of a Head of

Department that an officer in his department may be guilty of

misconduct, the provisions of regulation 17(1)(a) and (b) shall

apply;

(b) if the officer charged admits to the charge or charges

before the Disciplinary Board begins to hear the case, the Head

of Department shall, as early as possible and in any case not

later than ten (10) working days therefrom, refer the case to the

Commission, which shall make its recommendation to the

Prime Minister as to the penalty, if any, to be imposed;

(c)

if the officer charged does not admit to the charge or

charges or does not furnish a reply within ten (10) working

days, the Head of Department shall, within twenty (20) working

days from the receipt of the reply or from the date on which

such a reply was due, refer the case to a Disciplinary Board

appointed in terms of regulation 18;

(d) before the Disciplinary Board communicates its

findings to the Head of Department, to the officer charged and

to the Commission, it shall ensure that its conclusions are

verbally communicated to the parties at a final session held for

the purpose;

(e)

the Head of Department and the officer charged

may, within ten (10) working days starting from the day after

the findings of the Board are communicated to them, make an

appeal to the Commission with respect to such findings, or ask

for an opportunity to make oral representations

Provided that, if the officer charged is liable to

dismissal as a result of the charges, and the Disciplinary Board

has found him guilty of any of the charges, the Commission

shall appoint a date for a hearing during which the officer

charged and the Head of Department and their representatives,

may make oral representations;

(f)

after considering the findings of the Board and any

representations made to it, the Commission shall make its

recommendation to the Prime Minister both as to the guilt or

otherwise of the officer charged and as to the penalty, if any.

Part VII - Offences and Penalties

A broad categorisation of offences and of corresponding Categorisation

penalties that may be imposed under these regulations by the Prime of

penalties.

Minister acting on the recommendation of the Commission, or by a

Head of Department to whom disciplinary control has been delegated

in accordance with article 110 of the Constitution, is listed in the

Schedule

Provided that the penalties applicable to police officers

shall be those set out in articles 42 and 43 of the Police Act.

Part VIII - Appeals from Disciplinary Decisions and Review

of past Recommendations of the Commission

(1) A public officer shall have a right of appeal to the

Commission in accordance with this regulation against a finding of

guilt and any corresponding penalty imposed by the Head of

Department under regulation 17, or where the officer can prove that

there has been a gross disregard of the procedures laid down in these

regulations and such disregard had prejudiced his interests.

(2) Notice of appeal under sub-regulation (1), setting out the

grounds of the appeal, shall be communicated, in writing, to the

Executive Secretary of the Commission by not later than ten (10)

working days from the date on which the decision was notified to the

officer concerned. A copy of the notice of appeal shall concurrently

be sent by the officer to the Head of Department.

(3) On receiving a copy of a notice of appeal, the Head of

Department shall, by not later than five (5) working days, transmit to

the Commission the relevant documentation relating to the case,

including the report of the disciplinary Board.

(4) The Executive Secretary of the Commission shall

acknowledge the receipt of the notice of appeal made under this

regulation and any appeal received after the time period of ten (10)

working days established in sub-regulation (2) shall not be considered

by the Commission.

(5) If the Commission is of the opinion that the appeal merits

consideration in terms of sub-regulation (1), it shall give an

opportunity to the officer charged and to the Head of Department to

make oral representations; but the Commission shall otherwise

regulate its own procedure in dealing with the appeal, subject to the

applicable provisions of these regulations.

(6) The Commission, after considering the grounds for appeal,

the record of the proceedings, and any oral representations, shall

proceed to recommend to the Prime Minister either that he should

confirm the decision of the Head of Department as to the guilt of the

appellant and, or the penalty imposed, or that he should amend or

revoke it.

(7) Upon approval of its recommendation, the Commission

shall inform the appellant of the outcome of the appeal.

(8) Nothing in this regulation shall prevent the Commission,

either before the hearing or at any time during the hearing of an

appeal, from summarily dismissing or disallowing an appeal without

hearing it or without hearing it any further as the case may be, on the

grounds that an appeal is frivolous or vexatious or one that should not

otherwise have been brought or made.

A penalty imposed by a Head of Department acting under a Suspension of

delegated authority shall not be put into effect before the lapse of at penalty

appeal.

least ten (10) working days from the date on which the officer was

notified of the penalty by the Head of Department and, if an appeal

has been lodged, the penalty shall not be put into effect pending a

decision by the Prime Minister acting on the recommendation of the

Commission.

(1) A Head of Department who is either dissatisfied Representations

with the proceedings or findings of a Disciplinary Board appointed by

Department who

under regulation 18 or has proof that there has been a gross disregard is with

of the procedures laid down in these regulations and such disregard Disciplinary

Board.

had prejudiced the case, may appeal to the Commission.

(2) An appeal under sub-regulation (1) shall be made to the

Executive Secretary of the Commission not later than ten (10)

working days from the date on which the findings of the Board were

notified to the officer concerned. A copy of such an appeal shall

concurrently be sent to the officer by the Head of Department.

(3) If the Commission is of the opinion that the appeal merits

consideration in terms of sub-regulation (1), it shall give an

opportunity to the officer charged and to the Head of Department to

make oral representations, but the Commission shall otherwise

regulate its own procedure in dealing with the appeal subject to the

applicable provisions of these regulations.

(4) The Commission, after considering the appeal by the Head

of Department, any documentation related to the proceedings, and

any oral representations, shall make a recommendation to the Prime

Minister as to the guilt or otherwise of the officer charged, with

respect to each of the charges, and the penalty to be imposed, if any.

(1) Any person who is or has been a public officer and Review of past

who had been penalized under these regulations or under the 1977 recommenda-

tions.

Regulations or the 1999 Regulations, following a recommendation by

the Commission, may petition the Commission to review his case for

the purpose of revoking or amending the recommendation which the

Commission had tendered against him.

(2) The petition shall be made in writing and addressed to the

Executive Secretary of the Commission who shall acknowledge the

receipt of the petition.

(3) The Commission shall thereupon send a copy of the

petition to the Prime Minister for any comments he may wish to make

within one month from the receipt of that copy. On the expiration of

that time, the Commission shall thereupon proceed to examine the

petition.

(4) The Commission may allow a review of the case if -

(a)

in its discretion, it is satisfied that there was a prima

facie case of gross disregard of the disciplinary regulations or a

serious miscarriage of justice resulting in a violation of natural

justice or fundamental rights; or

(b) the case arose from a criminal conviction which was

subsequently annulled or discontinued by a decision of a higher

court.

(5) The Commission shall not consider a petition under this

regulation if -

(a)

the petitioner had already made a similar request

which was rejected on the merits of the case; or

(b) the recommendation which is subject of the petition

was made by the Commission following an appeal in a case

decided under the authority of a Head of Department.

(6) In its consideration of a petition under this regulation the

Commission may, at its sole discretion, give the petitioner the

opportunity to make oral representations, and may also seek the views

of the respective Head of Department in writing or orally.

(7) The Commission shall not allow any new evidence to be

produced in connection with a petition under this regulation unless it

is satisfied that such evidence was unknown or could not be produced

when the petitioner’s case was first heard.

(8) Having considered a petition under this regulation, the

Commission shall decide whether its original recommendation should

be confirmed, amended or revoked, and it shall make a

recommendation to the Prime Minister accordingly.

(9) Upon approval of its recommendation the Commission

shall inform the petitioner of the outcome of the petition.

Part IX - Removal from Office

(1) The appointment of a public officer may be Grounds for

removal from

terminated for the following reasons

office.

(a)

for absence without leave; or

(b) on dismissal or removal in consequence of criminal

or disciplinary proceedings.

(1) A public officer who absents himself without leave Absence

for ten (10) consecutive working days shall be considered as having without leave.

resigned from the public service with effect from the eleventh

working day of unauthorised absence.

(2) A Head of Department shall, immediately after the

expiration of the time-limit referred to in sub-regulation (1), notify

the officer concerned that

(a)

he considers the officer as having resigned from the

public service with effect from the eleventh day of his

unauthorised absence;

(b) the officer shall be liable to pay Government, as

stipulated in the Public Service Agreement in force from time to

time, half the salary that he would have earned during the

applicable notice period.

(3) If an officer who has absented himself without leave as

stated in sub-regulation (1) reports for duty before the date of

notification by the Head of Department, or before the expiration of

the ten (10) working days referred to in sub-regulation (1), he is to be

allowed to resume duties without prejudice to any disciplinary action

which the Head of Department may take in accordance with these

regulations.

(4) If the officer considers that the decision of the Head of

Department is unjust in his regard, he may appeal to the Public

Service Commission within ten (10) working days starting from the

day after he receives the notification from the Head of Department,

setting out the reasons why he considers that the decision in his

respect was unjust.

(5) An appeal under sub-regulation (4) shall be treated with

urgency by the Commission. The Commission shall seek the views of

the Head of Department thereon and may, at its discretion, give the

officer concerned and the Head of Department the opportunity to

make oral representations.

(6) If the Commission considers an appeal under sub-

regulation (4) to be justified, it shall annul the decision of the Head of

Department by means of a recommendation to the Prime Minister,

and upon approval, inform the officer and the Head of Department

that the officer is, as a result, considered to be still in employment in

the public service.

(7) An officer who has been considered as having resigned due

to unauthorized absence shall not resume his duties unless and until

the Commission upholds his appeal.

(8) An officer whose appeal under sub-regulation (4) is upheld

by the Commission shall not be entitled to payment for any period of

unauthorised absence, or for the time taken by the Commission to

hear the appeal.

Part X - Miscellaneous

(1) When an officer who is undergoing disciplinary

proceedings ceases to be a public officer before such proceedings are

concluded, the Head of Department shall ask the officer charged to

state, in writing, within ten (10) working days, whether he wishes that

the disciplinary proceedings be continued in order that he may have

the opportunity to exculpate himself, or whether he wishes that the

disciplinary proceedings be suspended.

(2) If the officer opts to continue with the proceedings and he

is eventually found guilty, no penalty shall be imposed, but a record

of the findings of the Disciplinary Board shall be entered in the

officer’s record of service.

(3) If the officer opts to have the case suspended, he shall

confirm this in writing and a record shall be entered in his record of

service stating that at the time of his leaving the service, the officer

had a pending disciplinary case.

(4) If the officer does not, within the stipulated time, state

what his preferred option is, the case shall be suspended and a note

entered in his record of service stating that at the time of his leaving

the service, the officer had a pending disciplinary case.

(5) Should a person who had been found guilty in accordance

with sub-regulation (2) rejoin the public service, whether in the same

or in a different capacity, the Head of Department now responsible for

the officer shall, within three (3) months of the officer rejoining the

service, make a recommendation to the Commission as to whether or

not disciplinary proceedings should be resumed with a view to the

imposition of the appropriate disciplinary penalty; and if the

Commission directs that proceedings should be resumed, the Head of

Department shall proceed in accordance with regulation 23 or such

other provision of these regulations as may apply.

(6) Should a person who has a suspended disciplinary case in

terms of sub-regulations (3) or (4) subsequently rejoin the service,

whether in the same or a different capacity, the Head of Department

now responsible for the officer shall, within three (3) months of the

officer rejoining the service, make a recommendation to the

Commission as to whether or not disciplinary proceedings should be

resumed; and if the Commission so directs, the Head of Department

shall resume proceedings from the stage they had reached prior to

their being discontinued, save that -

(a)

any applicable timeframes shall be deemed to start

from the date that the Head of Department is informed by the

Commission that proceedings should be resumed, or any later

date as may apply; and

(b) unless the Disciplinary Board had presented its

report in the original proceedings, the Head of Department shall

appoint a Disciplinary Board to hear the case according to the

charges laid against the officer in the original proceedings.

When an officer, against whom criminal proceedings are Procedure

pending, ceases to be a public officer before such proceedings are followed

officer leaves

concluded, or have been concluded but the Commission has not yet the

while criminal

taken action under these regulations, no related disciplinary action in proceedings are

terms of these regulations may be taken or penalty imposed. still pending.

However, the Head of Department shall follow the case so that a

record of the court decision is entered in the officer’s record of

service.

Subject to the provisions of article 114 of the Constitution Forfeiture of

and of any other law, a public officer who is dismissed from the pension,

after dismissal.

service shall forfeit all rights and claims to a pension, gratuity or

other retirement award under the Pensions Ordinance. A public Cap. 93.

officer who is dismissed shall also forfeit any rights or claims he

enjoys in regard to statutory leave at the public expense.

No member of the Commission, nor the Executive Secrecy.

Secretary, nor any member of the staff of the Commission, or any

public officer, Board or Authority, charged with powers and functions

under these regulations, nor any other person shall, without the

written permission of the Prime Minister, publish or disclose to any

person, otherwise than in exercise of his official function, the

contents of any document, communication or information whatsoever

relating to any action taken under these regulations which has come

to his notice or knowledge.

Failure to comply with the provisions of this regulation

shall, in the case of a public officer, constitute misconduct and, or a

breach of discipline.

The periods specified in these regulations may, on good

cause being shown, be extended by the Commission provided the

request is made before the expiration of the period in question.

(1) The Head of the Public Service, Heads of

Department to whom disciplinary control is delegated, or any other

delegated authority shall submit reports on disciplinary matters to the

Commission with such frequency, and in such form and covering such

matters as the Commission may from time to time direct.

(2) The Commission may, at its discretion, publish annual

reports on disciplinary matters, as well as reports of inquiries into the

exercise of disciplinary control and other special reports, together

with its remarks on any matter connected therewith or incidental

thereto.

(1) The Disciplinary Procedure in the Public Service

Commission Regulations, 1999, are hereby revoked, without

prejudice to anything done or omitted to be done thereunder.

(2) Where disciplinary proceedings or petitions for a review of

a past recommendation of the Commission have been commenced

under and in accordance with the 1999 Regulations and, or the 1977

Regulations (revoked under the 1999 Regulations), such proceedings

or review shall be continued and completed under and in accordance

with the respective regulations as if the said regulations had not been

revoked

Provided that the provisions on disciplinary penalties

which shall apply in the case of such proceedings or review shall be

whichever are most favourable to the accused officer.

Schedule of Offences and Penalties

1. Disciplinary Offences

The offences specified in this Schedule shall be considered as only

illustrative and indicative and are not exhaustive.

Unprofessional or unethical behaviour

1.1 A public officer shall be subject to disciplinary proceedings for

unprofessional or unethical behaviour and, without prejudice to the generality of

the foregoing, such behaviour shall include

(a)

failure to comply with any laws, rules, regulations or codes

governing specific professions and the Public Service or the conduct of the

public officers, or the transaction of government business;

(b)

being under the influence of drink or drugs while on duty;

(c)

immoral, indecent or disgraceful conduct at the place of work;

(d)

causing damage to government property;

(e)

giving wrong information;

(f)

misuse of government funds, property or equipment;

(g) theft or embezzlement of government funds, property or

equipment;

(h) theft, appropriation or misuse of items belonging to other public

officers or members of the public at the place of work;

(i)

tampering with or misuse of attendance sheets and records, or any

equipment used to record attendance;

(j)

falsification, misuse of or tampering with official documents or

information;

(k)

divulging of secret or confidential information;

(l)

conduct which is liable to discredit the department or bring the

public service into disrepute;

(m) any criminal offence committed by the officer at his place of

work or in the course of his duties, subject to the provisions of Part IV of

these regulations.

Disrespectful behaviour

1.2 A public officer shall be subject to disciplinary proceedings for

behaviour disrespectful to colleagues, superior officers or the public and, without

prejudice to the generality of the foregoing, such behaviour shall include

(a)

arrogance or insolence towards colleagues, superiors, other

public officers or the public;

(b) violent, threatening or intimidating

behaviour

towards

colleagues, superior officers or the public;

(c)

fighting or causing a disturbance at the place of work;

(d)

use of foul or offensive language;

(e)

sexual harassment; or

(f)

victimization of a witness or an officer or other person lodging a

report or doing his duty under these regulations or any other regulations

issued in terms of article 121 of the Constitution.

Neglect or dereliction of duty

1.3 A public officer shall be subject to disciplinary proceedings for neglect

or dereliction of duty and, without prejudice to the generality of the foregoing,

such behaviour shall include

(a)

habitual late attendance;

(b)

unauthorised absence from the place of work;

(c)

idling at the place of work;

(d)

feigning incapacity or illness in order to avoid work;

(e)

negligence in the performance of one’s duties or shoddy or

defective work or work output below standard;

(f)

concealing one’s defective work;

(g) failure to comply with any lawful and reasonable order, direction

or instruction, whether written or verbal, that is given by a superior officer or

(h)

failure to exercise proper supervisory functions;

(i)

failure to comply with any provision of any law, rule, regulation,

directive, code or other instrument governing the public service, the officer’s

department, the conduct of officers of the department, or the transaction of

government business; or

(j)

any other act or omission which is deemed by any provision of

any law, rule, regulation, directive, code, or other instrument as aforesaid, to

be misconduct, misbehaviour, a breach of or offence against discipline, or

another term having a like meaning.

2. Categorisation of Offences

2.1 Subject to paragraph 3.1 of this Schedule, it shall be at the discretion of

the Head of Department to decide, when taking disciplinary action against a public

officer under these regulations, whether the charge or charges constitute a minor or

a serious offence or one leading to dismissal taking into account the specific

circumstances surrounding the alleged offence and the actual or potential

consequences thereof.

2.2 Where a provision of any law, rule, regulation, directive, code, or

instrument governing the public service, the officer’s department, the conduct of

officers of the department, or the transaction of government business states that

any act or omission specified therein is to be regarded as a serious disciplinary

offence, that act or omission shall be so regarded by the Head of Department for

the purposes of paragraph 2.1 of this Schedule.

3. Penalties for Minor Cases

3.1 The penalties that may be imposed following disciplinary action taken

in accordance with these regulations shall be as follows

(a)

First Disciplinary Case - Written Warning

(b) Second Disciplinary Case - Suspension without pay for a definite

period up to five (5) working days

(c) Third Disciplinary Case - suspension without pay for a definite

period up to ten (10) working days and a "Warning of Dismissal" which shall

be valid for two (2) years

(d)

Fourth Disciplinary Case - Dismissal.

3.2 In determining whether the disciplinary charge is a first, second, third or

fourth minor case, no account shall be taken of minor cases which occurred prior

to twenty-four (24) months from the date of the offence under investigation.

3.3 An officer who commits a minor disciplinary offence may only be

dismissed if the offence is committed while he is under a warning of dismissal

arising from a previous minor case, even if this is not the fourth minor case

Provided that a written warning shall lapse after twelve (12) months

from the date it is issued if no other offence is committed within that period.

3.4 The application of penalties under this paragraph shall be subject to the

discretion of the Head of Department or the Commission under regulations 23(1)

and (2) and 25, as applicable.

4. Penalties for Serious Cases (including criminal conviction)

4.1 (a)

Suspension without pay for a definite period not exceeding ten

(10) working days, or

(b) Withholding of increment for a period of not less than one (1) year and

not exceeding three (3) years, or

(c) Suspension without pay for a definite period not exceeding fifteen (15)

working days and a "Warning of Dismissal" valid for four (4) years, or

(d) Dismissal.

4.2 The penalties in paragraph 4.1(a) and (c) may not be awarded in respect

of more than two (2) serious disciplinary cases.

4.3 An officer who is charged with a serious disciplinary offence while he is

under a warning of dismissal shall, as a result, be liable to dismissal, regardless of

whether the warning was imposed following a minor or a serious case or following

proceedings under regulation 15.

4.4 The application of penalties under this paragraph shall be subject to the

discretion of the Head of Department or the Commission under regulations 23(1)

and (2) and 25, as applicable.

4.5 In the case of an officer who had been suspended for precautionary

purposes, the provisions of regulation 12(6) shall also apply.

5. Penalties imposed on the recommendation of the Commission

5.1 As an alternative to dismissal, the Commission may recommend the

demotion of the officer charged to a lower grade or position.

5.2 In the case of a public officer found guilty of a criminal charge in any

court, the Commission may, where appropriate, at its discretion recommend to the

Prime Minister other penalties in addition to or instead of those set out in this

Schedule.

5.3 Whenever an officer is found guilty of an offence considered of a

serious nature, under paragraph 1.1(b), and the Head of Department considers that

it would be in the best interest of the officer if he is offered the opportunity to

rehabilitate himself, preferably through an entity set up by Government to assist

public officers experiencing personal, emotional or behavioural problems, he shall

decide on the penalty, if any, to be imposed but shall refrain to inform the officer

accordingly and shall refer the case to the Commission explaining the

circumstances of the case and with a recommendation as to why, in his opinion, the

officer would benefit further if professional support was sought.

After considering the recommendation of the Head of Department, the

Commission shall decide whether to accept such a recommendation, and if it does,

it shall inform the Head of Department that if the officer agrees to seek

professional support preferably through an entity set up by Government to assist

public officers experiencing personal, emotional or behavioural problems within

ten (10) working days, the penalty shall be held in abeyance. The Head of

Department shall inform the officer concerned of the Commission’s decision and

shall proceed accordingly. The Head of Department shall be informed of the

progress being made by the officer, and for such purposes, a report shall be

provided by the entity concerned.

The provisions of the foregoing apply also to cases where the officer had

been informed that the charges, if proved, could lead to his dismissal. In such

cases, the Commission shall proceed in accordance with regulation 23(2)(c). If the

Commission considers that it would be in the best interest of the officer if he is

offered the opportunity to rehabilitate himself, preferably through an entity set up

by Government to assist public officers experiencing personal, emotional or

behavioural problems, and the officer agrees to seek such professional support

within ten (10) working days, the Commission shall decide on the penalty, if any,

to be imposed but shall refrain to make its recommendation to the Prime Minister

in terms of regulation 23(2)(d). Whenever the officer has been suspended for

precautionary purposes, the Commission may make its recommendation to the

Prime Minister for the precautionary suspension to be lifted, without prejudice to

the forfeiture of the salary withheld during the period under precautionary

suspension. The Commission shall be informed of the progress being made by the

officer, and for such purposes, a report shall be provided by the entity concerned.

In both circumstances, if the officer is willing to seek professional support

and follow the recommended rehabilitation programme, any penalty decided upon

by the Head of Department or the Commission shall be held in abeyance until

successful completion of the rehabilitation programme. The Commission shall

then decide as to whether the penalty shall be put into effect or otherwise.

If an officer refuses to seek professional assistance, or does not successfully

complete a rehabilitation programme, the penalty originally decided upon by the

Head of Department or the Commission, as applicable, shall be imposed.

B

€3.15