PUBLIC SERVICE COMMISSION DISCIPLINARY REGULATIONS

[S.L. Const.07

PUBLIC SERVICE COMMISSION DISCIPLINARY

SUBSIDIARY LEGISLATION CONST.07

PUBLIC SERVICE COMMISSION DISCIPLINARY

REGULATIONS

1st October, 2023

LEGAL NOTICE 165 of 2023.

The title of these regulations is Public Service

Commission Disciplinary Regulations.

(1)

In these regulations, unless the context otherwise

requires

"1977 Regulations" means the Public Service

Commission (Disciplinary Procedure) Regulations, 1977;

"1999 Regulations" means the

Public Service

Commission (Disciplinary Procedure) Regulations, 1999;

"2017 Regulations" means the Public

Service

Commission Disciplinary Regulations, 2017;

"additional earnings" means income other than the basic

salary;

"agency" shall have the same meaning as that 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;

"Board" means a Disciplinary Board appointed as

provided for in regulation 18(2);

"Commission" means the Public Service Commission as

constituted under article 109 of the Constitution;

"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" shall have the same meaning as that

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)

agency, government entity or another

public body to which a public officer may be assigned;

"electronic mail address" means a unique identifier for an

email account that is used to send and receive messages over

the internet;

"Executive Secretary" means the Executive Secretary to

the Public Service Commission;

"General Data Protection Regulation" means Regulation

(EU) 2016/679 of the European Parliament and the Council of

27 April 2016 on the protection of natural persons with regard

to the processing of personal data and on the free movement of

such data, and repealing Directive 95/46/EC;

"Government entity" shall have the same meaning as that

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, Directors General

and Directors who are not 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" shall have the same meaning as that assigned

to it 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;

"official electronic mail address" means the unique

personal email address assigned to a public officer for the

purpose of his duties;

"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;

"Public Service Standing Disciplinary Panel" means a

panel established in terms of regulation 18(1);

"salary" means basic salary;

"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);

(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

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 valid for four (4) years.

(3)

Notwithstanding anything in these regulations, the

Commission shall have the 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 in terms of regulation 18(1)

to remove any member of the Public Service 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,

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.

(1)

An officer charged with a disciplinary offence

under these regulations shall

(a)

be provided with a copy of all the 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 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 and given ten (10)

working days to consider the additional evidence and reply thereto.

(3)

An officer answering disciplinary charges shall be

entitled to representation 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

Provided that such representation shall be without

prejudice to the expeditious conclusion of the proceedings in terms of

these regulations.

(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 service shall, unless these regulations prescribe

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

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

department as his home address, or to his official electronic mail

address, and if proof of delivery is retained. In the absence of an

official electronic mail address, such service may also, unless these

regulations prescribe otherwise, be held to have been completed if the

notification is delivered to the personal electronic mail address

provided by the officer to his department, 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 be assisted through representation of his choice, at every

stage of any hearing before a Disciplinary Board or before the

Commission, including any hearing on appeal. The absence of the

Head of Department or his representative during any stage of the

proceedings, shall not preclude the Disciplinary Board or the

Commission, as the case may be, from proceeding with any hearing

if it is shown that the Head of Department or his representative

were sufficiently notified.

(2)

The Head of Department shall be notified of any

evidence produced by the officer charged after the commencement of

the hearing and shall be given ten (10) working days to consider the

evidence and present any written submissions to the Board

Provided that the Disciplinary Board or the Commission

as the case may be, shall decide whether the evidence is relevant to the

charges brought against the officer or otherwise and shall, in its

discretion, decide whether the evidence is to be presented during the

disciplinary proceedings.

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 choose to be

accompanied in accordance with his 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

Provided that the alleged victim may be called as

a witness by either party or 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 the 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.

(1)

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 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)

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; or

(c)

may have committed an alleged misconduct, or

disobeyed lawful orders, whether written or verbal,

and the Head of Department considers it necessary that the

officer under his responsibility should be immediately withdrawn from

his place of work, he may direct the officer to avail himself of forced

leave for a period not exceeding eighty (80) hours and the officer shall

comply

Provided that the period of forced leave shall be resorted

to only as an interim measure and shall not be prolonged without due

reason. The Head of Department shall without delay determine

whether action in terms of regulations 12 or 13 should be initiated

Provided further that an officer so directed under this

regulation, shall have the right to report back to work immediately

upon the lapse of the eighty (80) hours forced leave period, unless

action has been taken by the Head of Department in terms of

regulations 12 and 13, prior to the expiry of the indicated period of

forced leave.

(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, which is of a nature likely to warrant disciplinary

action,

and the Head of Department considers it necessary and in the

public interest that the officer should be withdrawn from the place of

work for an interim period, he may suspend the officer from the

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

purposes.

(2)

If the officer considers that the decision of the Head of

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

within five (5) working days, setting out the reasons why he considers

that the decision in his respect was unjust. The officer may also appeal,

by presenting justified reasons, regarding the proportion of salary to be

withheld in terms of sub-regulation (5).

(3)

In treating an appeal under sub-regulation (2), the

Commission shall seek the views of the Head of Department. If the

Commission considers an appeal under sub-regulation (2) to be

justified, it shall seek to annul the decision of the Head of Department

by means of a recommendation to the Prime Minister or the Head of the

Public Service, as the case may be, and upon approval of such

recommendation, inform the officer and the Head of Department that

the precautionary suspension is revoked.

(4)

In the event that the suspension is revoked, 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 eighty per cent (80%) of the salary or the

equivalent to the rate of the minimum wage, as determined in terms of

the National Minimum Wage National Standing Order, whichever is the

higher.

(6)

If the disciplinary or criminal proceedings do not result

in the dismissal of the officer or another penalty, the officer 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

penalty 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 penalty 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)

The Head of Department may review the precautionary

suspension of the officer at any time, without prejudice to any action in

terms of these regulations, should disciplinary or criminal proceedings

be instituted against the officer concerned

Provided that the review procedure shall be subject to

any directions and guidelines issued by the Commission from time to

time in terms of regulation 3(1).

(10) Without prejudice to sub-regulation (9) an officer

suspended for precautionary purposes in accordance with this

regulation and in relation to whom a written statement of the charge or

charges is not issued in accordance with regulation 17(1)(b), after the

expiration of sixty (60) working days from the date of such

suspension, may present written submissions with justified reasons

asking the Head of Department to lift the precautionary suspension

Provided that the review procedure shall be subject to

any direction and guidelines issued by the Commission from time to

time in accordance with regulation 3(1).

(11) When the Head of Department does not lift the

precautionary suspension, after a request by an officer in accordance

with sub-regulation (10) and the officer considers that the decision of

the Head of Department in his regard was unjust, the officer may

appeal in writing to the Commission within five (5) working days,

where he gives the reasons why he considers that the decision

regarding him was unjust and requests the Commission to revoke or

amend the decision.

(12) In treating an appeal under sub-regulation (11), the

Commission shall seek the views of the Head of Department. If the

Commission considers an appeal under sub-regulation (11) to be

justified, it shall seek to annul the decision of the Head of Department

by means of a recommendation to the Prime Minister or the Head of

the Public Service, as the case may be, and upon approval of the

recommendation, inform the officer and the Head of Department of

such decision.

(13) The lifting of a precautionary suspension following

submissions in terms of sub-regulation (10) or an appeal in terms of

sub-regulation (11) shall be without prejudice to any action in terms of

these regulations, should criminal proceedings be instituted against the

officer concerned.

(14) 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. The salary withheld shall be forfeited if the

officer is subsequently found guilty of the offence with which he is

charged.

Part IV

Criminal Offences

(1)

When it comes to the notice of a Head of

Department that an offence in terms of these regulations, 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 brought against the

officer shall be approved by the Attorney General before they are

issued by the Head of Department in terms of regulation 17(1)(b).

(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, and the Head of Department considers

that the officer should be withdrawn from the place of work for an

interim period, he may suspend the officer for precautionary purposes

from the exercise of his powers and functions. In so doing the Head of

Department shall act in terms of regulation 12. 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, as the case may be.

(4)

Without prejudice to regulation 12(9), 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 Head of

Department to consider the lifting of such suspension

Provided that the review procedure shall be subject to

any directions and guidelines issued by the Commission from time to

time in accordance with regulation 3(1).

(5)

When the Head of Department does not lift a

precautionary suspension, after a request by an officer in accordance

with sub-regulation (4) and the officer considers that the decision of

the Head of Department in his regard was unjust, the officer may

appeal to the Commission within five (5) working days starting from

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

where he gives the reasons why he considers that the decision

regarding him was unjust.

(6)

In treating an appeal under sub-regulation (5), the

Commission shall seek the views of the Head of Department. If the

Commission considers an appeal under sub-regulation (5) to be

justified, it shall seek to annul the decision of the Head of Department

by means of a recommendation to the Prime Minister or the Head of

the Public Service, as the case may be, and upon approval of the

recommendation, inform the officer and the Head of Department of

such decision.

(7) The lifting of a precautionary suspension following

representations in terms of sub-regulation (4) 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, decides 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 lift the precautionary

suspension in connection with the case without undue delay. The

officer shall be entitled, in terms of regulation 12(6), to be refunded

the proportion of salary withheld during the period of such suspension.

(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

Provided that, the Head of Department may refrain from

referring the findings of the Court to the Commission if after

considering such findings and the effect of the misconduct on the

reputation of the Public Service, he determines that

(a)

the misconduct has no direct or indirect relation to

the duties of the officer concerned, and

(b)

the penalty imposed by the Court does not include

a sentence of imprisonment, whether it be effective or

suspended, or interdiction in terms of Article 10 of the Criminal

Code.

(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 or the Head of the Public

Service, as the case may be, 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 or the Head of the Public Service, as the case may be.

(3)

If an officer who has been suspended for precautionary

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

Head of Department, refrains from referring the case to the

Commission in terms of sub-regulation (1), he shall lift the

precautionary suspension without undue delay

Provided that the officer shall be entitled to the part salary

withheld during the period of precautionary suspension

Provided further that where the case is referred to the

Commission by the Head of Department 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 alleged misconduct or breach of discipline may

have been committed under his charge the following provisions shall

apply

(a)

unless an investigation is made in terms of the

Inquiries Act, the Head of Department shall conclude the

gathering of any necessary information and evidence within

twenty (20) working days from the date when the alleged

misconduct or breach of discipline comes to his notice

Provided that where the Head of Department

considers that more than twenty (20) working days are required

to conclude the gathering of information and evidence, he shall

seek approval from the Permanent Secretary responsible for the

department concerned for an extension of not more than ten

(10) working days;

(b)

the Head of Department shall, in no case later than

ten (10) working days from the date when he concluded the

gathering of information and evidence, 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;

(c)

the officer shall be allowed ten (10) working days

from the date on which the statement of charges, including a

copy of all the evidence to be used against him, 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;

(d)

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;

(e)

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;

(f)

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;

(g)

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

Provided that where 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, and the officer

agrees, within ten (10) working days, to seek professional support

preferably through an entity set up by Government to assist public

officers experiencing personal, emotional or behavioural

problems, the Head of Department may refrain from

(i)

communicating his decision on the charge

or charges and the penalty, to the officer charged, in terms

of paragraph (f), or

(ii)

referring the case to a Disciplinary Board

appointed under regulation 18, in terms of this sub-

regulation

Provided further that where the officer accepts

referral to such professional support, within ten (10) working

days, such action shall be kept in abeyance and the prescriptive

period indicated in this regulation shall be temporarily

suspended. The Head of Department shall keep a record

accordingly

Provided further that if the officer refuses to seek

professional support or does not successfully complete a support

programme, the Head of Department shall communicate the

penalty, in terms of paragraph (f). The prescriptive period

stipulated in paragraph (g) shall be immediately re-activated,

and the Head of Department shall issue the statement of charges

in terms of this regulation.

(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 date 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 of a minor nature and concern a first or

second minor case of misconduct by the officer charged, the

Head of Department shall, together with the statement of

charges, inform the officer charged of his right to request an

early resolution meeting and of his right to be accompanied by

a representative of his choice at such meeting. The officer

charged shall be given three (3) working days to register his

request to convene the early resolution meeting

Provided that

(i)

if the officer charged does not register a

request in writing to convene an early resolution

meeting, the provisions in terms of sub-regulation (1)(b)

shall apply;

(ii)

if, within three (3) working days, the

officer charged registers a request in writing to convene

an early resolution meeting, the meeting shall be

convened by the Head of Department without delay and

not later than five (5) working days from the date on

which the Head of Department was notified by the

officer. The prescriptive period indicated in sub-

regulation (1)(c) shall be temporarily suspended and the

Head of Department shall keep a record accordingly;

(iii) where the early resolution meeting results

in mutual agreement by the parties on the guilt or

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

be imposed, or any other action deemed opportune, the

Head of Department shall conclude the early resolution

meeting by communicating to the officer charged the

agreed decision in writing. The officer charged is to

indicate his agreement in writing within two (2) working

days

Provided further that any penalty imposed

by the Head of Department upon mutual agreement

reached during the early resolution meeting shall not be

subject to an appeal before the Commission, in terms of

these regulations;

(iv) where no mutual agreement is reached

pursuant to the early resolution meeting, or the officer

does not indicate in writing his agreement in terms of

paragraph (b), the prescriptive period in terms of sub-

regulation (1)(c) shall be immediately reactivated and the

provisions in terms of the same sub-regulation (1)(c) shall

apply;

(c)

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.

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.

(1)

There shall be a Public Service Standing

Disciplinary Panel, consisting of suitable and competent former public

officers, as approved by the Head of the Public Service or his delegate.

A member of the Panel may be removed by the Commission, at its

discretion, at any time.

(2)

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

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 Public Service Standing Disciplinary Panel

Provided that where the offence is categorised as being of a

minor nature, the Disciplinary Board may be composed entirely of

members of the Public Service Standing Disciplinary Panel

Provided further that in all other cases the Disciplinary

Board appointed shall be chaired by a public officer who shall not be an

officer performing duties within the same ministry, and shall be

(a)

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

the officer charged and not below salary scale 7;

(b)

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

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

dismissal;

(c)

in a salary scale not below that of the officer

charged whenever the officer charged is in salary scale 3 or

higher.

(3)

If a public officer is appointed as a member of a

Disciplinary Board, he shall

(a)

not be an officer performing duties within the

same ministry of the Head of Department issuing the

statement of the charges; and

(b)

be 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.

(4) The chairperson and members serving on the Board shall

not be connected with the case of discipline or have any apparent

interest in the disciplinary case, and they shall not be related up to the

fourth civil degree to any party involved in the case. 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 conflict inform the

Permanent Secretary, who shall nominate a substitute in accordance

with sub-regulations (2) and (3), within ten (10) working days from the

date he was notified of such conflict of interest.

(5) 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 proceedings shall be suspended.

(6) If the Permanent Secretary accepts a petition under sub-

regulation (5), he shall appoint a fresh Board or make appropriate

changes to the Board in accordance with sub-regulations (2) and (3).

The petitioning officer shall be informed accordingly.

(7)

If the Permanent Secretary does not accept the petition

under sub-regulation (5), 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 make a 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 forty (40) working days from the date of the first sitting

Provided that where the charges were categorised as

being of a minor nature the Disciplinary Board shall establish the facts

and communicate its findings to the parties by not later than twenty

(20) working days from the date of the first sitting.

(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) Where serious and justifiable reasons exist that may

preclude the Disciplinary Board from communicating its findings

within the period specified in sub-regulation (2), the Board shall

refer the matter to the Permanent Secretary by whom it was

appointed, seeking approval for an extension to the period indicated

in sub-regulation (2)

Provided that where the charges were categorised as

being of a minor nature the Permanent Secretary may only authorise

one extension of a further twenty (20) working days to the period

indicated in sub-regulation (2)

Provided further that in all other cases, where justified

reasons exist, the Permanent Secretary may approve to extend the

timeline stipulated in sub-regulation (2) by a further forty (40)

working days. Notwithstanding, the proceedings before the

Disciplinary Board may not, as far as possible, be extended beyond

six (6) months from the date of the first sitting. Where extenuating

circumstances exist that preclude the Disciplinary Board from

concluding the proceedings within this timeframe, the Permanent

Secretary shall seek direction from the Head of the Public Service or

his delegate, who, after considering the extenuating circumstances,

may approve a further extension for the Disciplinary Board to

conclude the proceedings before it.

(1)

Without prejudice to the provisions of regulations

6(3) and 7(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

Provided that the first sitting shall not be held later than

fifteen (15) working days from the date on which the Disciplinary

Board was appointed.

(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 without prejudice to any directives and guidelines issued

by the Commission in terms of regulation 3(1).

Provided that, during the course of the disciplinary

proceedings before the Disciplinary Board, either party may request a

ruling from the Commission on issues regarding the interpretation of

these regulations. The ruling shall be binding on both parties and on

the Disciplinary Board and shall be communicated in writing.

(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 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(2) and

(3) 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 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

(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 on which he received such

representations, 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 during the

course of the proceedings 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 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 or the Head of the Public

Service, as the case may be, both as to the guilt or otherwise of

the officer charged and as to the penalty imposed, if any.

(3)

(a)

Without prejudice to sub-regulations (1) and (2),

whenever an officer is found guilty of an offence that is not considered

of a serious nature that may lead to dismissal, 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, in terms of sub-regulation

(1), but shall refrain from informing the officer accordingly. If the

officer agrees to seek professional support within ten (10) working

days, the penalty shall be held in abeyance until successful completion

of the programme. 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 Head of Department

shall then decide as to whether the penalty shall be put in effect or

otherwise;

(b)

where the officer had been informed that the charges, if

proved, could lead to his dismissal, the Commission shall proceed in

accordance with sub-regulation (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 recommended to be imposed

but shall refrain from making its recommendation to the Prime

Minister or the Head of the Public service, as the case may be, in terms

of sub-regulation (2)(d).The recommendation shall be held in

abeyance until the successful completion of the rehabilitation

programme. The Head of Department shall keep the Commission

informed of the progress being made by the officer, and for such

purposes, a report shall be provided by the entity concerned. The

Commission shall then decide as to whether the penalty shall be put in

effect or otherwise.

(4)

In any case, 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.

(5)

Whenever the officer has been suspended for

precautionary purposes, the Commission may make its

recommendation to the Prime Minister or the Head of the Public

Service, as the case may be, for the precautionary suspension to be

lifted, without prejudice to the forfeiture of the salary withheld during

the period under suspension.

(1)

The records 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.

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), (b) and (c)

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

penalties that may be imposed under these regulations 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 of Offences

and Penalties

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 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 or the Head of the

Public Service, as the case may be, 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 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 or the Head of the Public Service, as the case

may be, 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 or the Head of the Public Service, as the case may be,

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, or the 2017 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

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 (1) 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; 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

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;

(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, 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 or

the Head of the Public Service, as the case may be, 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 unauthorised 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, decide as to whether or not disciplinary proceedings should be

resumed with a view to the imposition of the appropriate disciplinary

penalty; and if the Head of Department decides that proceedings should

be resumed, he 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, decide as to whether or not disciplinary

proceedings should be resumed; and if the Head of Department decides

to resume proceedings such proceedings shall resume 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 informs the officer in

writing of his decision that the proceedings should be resumed;

and

(b)

unless the Disciplinary Board had presented its

report in the original proceedings, a Disciplinary Board to hear

the case according to the charges laid against the officer in the

original proceedings shall be appointed in terms of regulation

18.

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

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.

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.

(1)

Nothing in these regulations shall prejudice the

applicability of the General Data Protection Regulation and the Data

Protection Act, including the regulations made thereunder, and the

fundamental rights and freedoms of the data subjects.

(2)

The Public Service Commission may restrict the rights

and obligations provided for in articles 14 to 20 and article 34 of the

General Data Protection Regulation, as the case may be, in accordance

with article 23 of the General Data Protection Regulation.

(3)

The restriction under sub-regulation (2) shall only apply

in the event that the restriction is considered as a necessary and

proportionate measure to safeguard the exercise of the investigative

and regulatory functions of the Public Service Commission made in

relation to its deliberations.

(4)

The Data Protection Officer of the Public Service

Commission designated pursuant to article 37 of the General Data

Protection Regulation shall

(a)

be consulted as appropriate in a timely manner in

the entire process of applying the restriction; and

(b)

keep a register to record the restriction applied in

relation to the request made by the data subject, which register

shall include the details of the data subject, the right requested to

be exercised that was restricted and the purpose of such

restriction.

(5)

Where the ground for the restriction as set forth in sub-

regulation (3) shall no longer apply, the Public Service Commission

shall lift the restriction and inform the data subject concerned and

comply with the rights and obligations provided for in articles 14 to 20

and article 34 of the General Data Protection Regulation.

(6)

The Public Service Commission shall review the

application of the restriction referred to in this regulation every year

and depending on the outcome of such review inform the data subject

accordingly.

(7)

The Public Service Commission shall inform the data

subject of the application of the restriction in reply to the request to

exercise any of the rights which are restricted in terms of these

regulations, unless this may be prejudicial to the purpose of the

restriction

Provided that the Public Service Commission shall justify

the prejudice claimed to be suffered to the Information and Data

Protection Commissioner as requested.

(1)

The Public Service Commission Disciplinary

Regulations 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 2017 Regulations and, or the 1999

Regulations (revoked under the 2017 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 officer charged.

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)

victimisation 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 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

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, have

such offence categorized by a higher degree, and the officer should be

informed that the case may lead 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 other penalties in addition to, or instead of those

set out in this Schedule.

6. Timeframe for the retention of disciplinary penalties

in personal records

6.1

Penalties imposed following a recommendation by the

Commission shall remain recorded in an officer’s Personal Records for

ten (10) years from the date a penalty is completed. Penalties imposed

by the Head of Department shall remain recorded in an officer’s

Personal Records for not more than twelve (12) months from the date

that the penalty expires. Any penalty considered as a break in service

shall remain recorded as a break in service after the lapse of the

indicated retention periods.

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

Six (6) months from the date

of penalty

Suspension without pay for a

The duration of the active

number of days

period

of

suspension,

following which the period

shall be recorded as a ‘break in

service’

Warning of dismissal for a

The duration of the period of

number of years

the warning of dismissal.

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

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

penalty would be recorded until the officer concerned reaches 75 years

of age.