Regolamenti tal-Proċedura ta’ Dixxiplina tal-Kummissjoni dwar is-Servizz Pubbliku Imħassrin bl-Avviż Legali 165 tal-2023

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DWAR IS-SERVIZZ PUBBLIKU

Regolamenti tal-Proċedura ta’ Dixxiplina

tal-Kummissjoni dwar is-Servizz Pubbliku

The title of these regulations is Public Service Commission

Disciplinary Regulations.

(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;

"additional earnings" means income other than the basic salary;

"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

t h e M a l t a I n d e p e n d e n c e O r d e r, 1 9 6 4 , a n d a s s u b s e q u e n t l y

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.

*These regulations have been repealed by Legal Notice 165 of 2023.

†refer to regulation 1(2) of these regulations as originally promulgated.

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"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

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

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(1) Nothing in these regulations shall prevent the

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

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 r egulation 18(2) to remov e any member of the St anding

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.

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(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, by

any appropriate means, any misconduct committed by an officer

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

these regulations shall

(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

a n d t h e p e n a l t y, i f a n y, i m p o s e d u p o n h i m b y t h e H e a d o f

D e pa r tm e nt or t he C o m m is s io n . S uc h i nf o r m a t i on s h a l l b e

communicated in writing by the Head of Department or the

Executive Secretary to the Commission, as the case may be.

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(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.

(1) 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.

(2) The Head of Department shall be notified of any

documentary evidence produced by the officer charged after the

commencement of the hearing and shall be given five (5) working

days to consider the relevance of the documentary evidence to the

charges brought against the officer

Provided that if the Head of Department deems the

documentary evidence as irrelevant to the charges brought against

the officer, the Head of Department may object to the production of

such documentary evidence within the five (5) working days

mentioned in this sub-regulation, and in the case of such objection,

the Disciplinary Board or the Commission as the case may be,

shall, in its discretion, decide whether the documentary evidence is

to be produced.

The alleged victim of a disciplinary offence shall, upon

submitting a request in writing to the Permanent Secretary, be

entitled to be present at every stage of any disciplinary proceedings

which may be instituted to investigate the alleged offence, and may

be accompanied by a person or persons of choice, subject to the

following conditions

(a) the alleged victim or his representative shall not be

considered to be a party to the proceedings, and thus

shall not be entitled to bring evidence, cross-examine

witnesses or otherwise intervene in the proceedings

unless called as a witness by either party.

Provided that the alleged victim may submit a written

request to the Disciplinary Board to be called as

witness during the proceedings; and

(b) the alleged victim shall have the same right as the

officer charged to access documentary evidence, to the

findings of the Disciplinary Board, including the guilt

or otherwise of the officer charged and the penalty, if

any and to the final decision taken by the Head of

Department or the Commission.

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(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

S e r v i c e , w h o m a y, i n t u r n , t a k e s u c h a c t i o n a s a H e a d o f

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

Permanent Secretary.

Whenever the public officer against whom disciplinary

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

establishment which does not form part of any department of

Government, the Permanent Secretary supervising that

establishment 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

that an officer under his responsibility should be summarily

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 summ ary

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

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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.The officer shall also be entitled to a

refund of any other additional earnings that would have been due

during the period of the summary suspension.

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

Provided that before proceeding with the recommendation,

the Head of Department shall inform the officer of his intention and

the officer charged shall be allowed five (5) working days from the

date on which he is so informed to submit written representations to

the Commission, giving justified reasons as to why he should not

be suspended for precautionary purposes and regarding the

proportion of salary to be withheld in terms of sub-regulation (5).

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

Department and the representations submitted by the officer, if any,

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

having considered the representations submitted by the suspended

officer in terms of sub-regulation (1) and after consulting the Head

of 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. The officer shall

also be entitled to a pro-rata payment in lieu of any additional earnings

withheld over and above his salary, which payment shall be computed

on the mean average of the additional earnings of the previous three

(3) years prior to the precautionary suspension. 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

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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.

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(5) An officer suspended for precautionary purposes in terms

of this regulation, and in respect of whom no criminal charges are

instituted after the lapse of six (6) months from the date of such

suspension, may submit written representations with justified

reasons requesting the Commission to consider the lifting of such

suspension.

Provided that, the Commission shall refer the

representations to the Head of Department for his opinion prior to

considering such representations and the Commission shall decide

whether its original recommendation should be confirmed or

revoked, and it shall make a recommendation to the Prime Minister

accordingly.

(6) The lifting of a precautionary suspension following

representations in terms of sub-regulation (5) shall be without

prejudice to any action in terms of these regulations, should

criminal proceedings be instituted against the officer concerned.

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

Court shall not be dismissed or otherwise punished on any charge

upon which he has been acquitted, but nothing in this regulation

shall 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.

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

charge, the findings of the Court on such charge shall be referred

by the Head of Department to the Commission.

(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 represent at ions and may g ive 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;

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(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

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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 Permanent Secretary of the Ministry responsible for the officer

charged, 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

but, in any case, who does not fall under the

responsibility of the Head of Department issuing

charges against the officer;

(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

but, in any case, who does not fall under the

responsibility of the Head of Department issuing

charges against the officer; 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

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

member of the Board would be placed in a conflict or an apparent

conflict of interest if he sat on the disciplinary board, he shall

immediately as soon as he becomes aware of such conflicting form

the Permanent Secretary, who shall nominate a substitute in

keeping with sub-regulations (3) and (4), within ten (10) working

days from the date he was notified of such conflict of interest.

(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 Permanent Secretary

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

Permanent Secretary, the disciplinary pro ceedings shall be

suspended.

(8) If the Permanent Secretary 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 Permanent Secretary 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 Public Service

Commission for its consideration. The decision of the Public

Service Commission shall be final.

(1) Chairpersons and members of Disciplinary Boards

shall take an oath or solemn declaration before a Commissioner for

Oaths prior to the commencement of the proceedings of the

Disciplinary Board.

(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.

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(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 ) . T h e d a t e a n d t i m e o f a n y s u b se q u e n t h e a r i n g s h a l l b e

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

evidence it has before it discloses other prima facie related

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

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

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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)

The Disciplinary Board report 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;

(e) any recommendation for the officer charged to be

referred to support programmes; and

(f)

a recommendation on the penalty to be imposed by the

Head of Department, giving reasons

Provided that where the Head of Department had

given notice to the officer charged that the charges, if

proven, could lead to dismissal, the report of the Board

shall only include an opinion on the penalty to be

imposed and not a recommendation.

(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

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(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 the

recommendation of the Disciplinary Board with regard

to the penalty to be imposed, if any, and 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 consider the recommendation of the

Board with regard to the penalty, and 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

Provided that whenever the Head of Department is

not in agreement with the recommendation of the

Board with regard to the penalty, the Head of

Department shall enter a note in the records of the case

specifying the reasons for such disagreement.

(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 Disciplinary Board may recommend 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, along with a statement as to whether

or not he agrees with the report and including the

reasons which led him to agree or disagree with the

report;

(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 his

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recommendation to the Commission in terms of

paragraph (a);

(c) in giving consideration to the Board’s findings and

opinion, and to any submissions made by the Head of

Department in terms of the foregoing, the Commission

shall give the officer charged the opportunity to submit

written representations. 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;

(h) in a case leading to dismissal, a transcript or audio

recording of the oral hearing held before the

Commission, if any, in accordance with the

Commission’s data retention policy.

(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.

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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.

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Part VII - Offences and Penalties

A broad categorisation of offences and of corresponding

penalties that may be imposed under these regulations by the Prime

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 31 and 32 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 or revoke the decision of guilt of the appellant and the

penalty imposed, or that, he should amend the penalty imposed.

(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

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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

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

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 with

the proceedings or findings of a Disciplinary Board appointed

under regulation 18 or has proof that there has been a gross

disregard of the procedures laid down in these regulations and such

disregard 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 form the date on which the findings of the Board were

notified to the Head of Department. 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

who had been penalized under these regulations or under the 1977

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

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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; or

(c) the past recommendation is dated over ten (10) years

before the date of the petition for review.

(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 terminated

for the following reasons

(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 for

ten (10) consecutive working days shall be considered as having

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;

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(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

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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 Com mission 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

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

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

taken action under these regulations, no related disciplinary action

in terms of these regulations may be taken or penalty imposed.

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

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

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

other retirement award under the Pensions Ordinance. A public

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

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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

funct ion , the cont ents o f an y d ocum ent , comm un icati on 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.

Disciplinary penalties shall remain recorded in the officer’s

records up to the periods identified in Section 6 of the Schedule of

Offences and Penalties, entitled ‘Timeframe for the retention of

disciplinary penalties in personal records’.

(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.

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

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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;

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(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 authority;

(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

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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.

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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

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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.

6. Timeframe for the retention of disciplinary penalties in

personal records

6.1

Penalties shall remain recorded in an officer’s Personal

Record Sheet for ten (10) years from the date a penalty is completed.

6.2

A record of penalties in an officer’s Service and Leave

Record Sheet, however, shall be kept for the periods indicated in the

table below

Penalties

Retention period in Service and

Leave Record Sheet

Written Warning

12 months from the date of penalty

Suspension without pay for a

12 months from the date of penalty

number of days

Withholding of increment for a

A period equal to the withholding of

definite period

increment, starting from the date the

withholding expires

Warning of dismissal for a

A period equal to the validity period of

number of years

the warning of dismissal, starting from

the date the warning of dismissal

expires

Demotion

10 years from the date of penalty

The period for recording a penalty imposed by the Commission

in cases potentially leading to dismissal or criminal cases, on an

officer’s Service and Leave Record Sheet, shall be determined by the

Commission depending on the nature and gravity of the offence. The

period shall not exceed ten (10) years, unless the officer charged was

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placed under an indefinite warning of dismissal, in which case the

penalty would be recorded until the officer concerned reaches 75 years

of age.