Transcript DISCIPLINE

CONDITIONS OF SERVICE
COURSE OFFERED BY GGSU
PRESENTED BY
A RAMA
MIN OF ENVIRONMENT
&
F K YARROO
MIN OF HEALTH &QUALITY OF LIFE
(57703627 / 5 7546786)
Powers of the PSC under the
Constitution
A. Section 89 empowers Commission to:
(i) Make Appointments and Acting Appointments
in the Public Service;
(ii) Exercise disciplinary control over Public
Officers;
(iii) Remove Public Officers from office.
Powers of the PSC under the
Constitution
B. Section II8(1) empowers Commission:
to make regulations for regulating and
facilitating its functions; and
C. Section II8(4) provides that:
the Commission shall not be subject to
the direction or control of any person or
authority in the exercise of its functions.
DISCIPLINE
Disciplinary offences fall under three categories – on
grounds of unsatisfactory services and misconduct
(i) Minor Misconduct
(ii) Serious Misconduct
(iii) Gross Misconduct
MINOR MISCONDUCT
Unauthorised absence from work during working
hours.
Reporting for work late without valid reason or
permission
Leaving early from work without valid reason or
permission
Disciplinary actions - regulation 42 (1) [b} {c}
Deduct from salary an amount which bears the same
relation to his monthly salary as such period bears to
one month.
SERIOUS MISCONDUCT
• Being under the influence of alcohol
•
• Consumption of drugs during working
hours
• Rough or rude behaviour
• Failing to comply with established
procedures or standing instructions
SERIOUS MISCONDUCT
Disciplinary actions
(Warning)
Reprimand
Severe reprimand
Dismissal
Retirement in the interest of the Public
Service
GROSS MISCONDUCT
Inability to perform work due to excessive
indulgence in alcohol or illegal drugs
Drugs trafficking
Absence from work for long periods without
valid reason
Falsifying documents
Theft of government property
Fraud
ACTIONS :
Dismissal
Retirement in the interest of the Service
PSC Regulations - Discipline (Part iv )
(Regulation 30-46)
Regulation 30:
Commission shall not exercise its powers in
connection
with
the
disciplinary
punishment of any officer in the public
service except
in accordance with
regulations 31 – 46 or such other regulations
as may be made by the Commission.
REGULATION 31 –INTERDICTION
Interdiction should be resorted to:
Where the interest of the Public Service so requires,
on the basis of any one of the 3 conditions laid
down at regulation 31 viz :
(i) When criminal proceedings are being instituted
against the officer.
(ii) Retirement in the interest of the Public Service is
being contemplated
(iii)Proceedings for dismissal have been instituted
:
REGULATION 31–INTERDICTION
(cont)
Need to inform the PSC and seek
covering approval.
Restriction:
During interdiction, the officer cannot
leave the country without the
permission of the RO
REGULATION 31 –INTERDICTION (cont)
NOTE : Officer gets his SALARY ONLY.
 If convicted or appeal is lodged , he gets no pay
(approval of PSC to be sought).?
If conviction maintained after appeal (c reg 36)
If acquitted – Reinstate the officer – inform PSC
accordingly (c reg 35)
After Reinstatement - Eligible for INCREMENTS &
BONUS (seek approval MCSAR & refer to MOFED Circular)
Regulation 32
Where a preliminary investigation or a
disciplinary enquiry reveals that a public officer
has committed an offence against any law R.O
shall refer the case to the C.P
Outcome: If DPP advises NO prosecution BUT
disciplinary action.
Action: R.O shall institute disciplinary
proceedings: Either under reg 37 OR reg 38
Regulation 33
(When DPP advises prosecution)
Where criminal proceedings likely to warrant
disciplinary proceedings are instituted against a
public officer in any court - The RO reports the
facts to PSC informing whether the Officer has
been interdicted or not.
RO follows case with Police until
determination and takes action as per reg 35 or
36
Regulation 34
Restrictive Regulation
[Following from reg 33], so long any
criminal proceedings against an officer,
has not been determined (including
the determination of appeal, if any,) no
disciplinary action can be instituted
against the officer (except for no salary
after conviction but has appealed)
Regulation 35
Acquittal of a criminal charge (in court):
The officer shall not be punished or dismissed
on account of the same charges BUT he may
be punished or dismissed on different charge/s
arising out of his conduct in the matter
provided that the SG is of the opinion that they
do not raise substantially the same issue.
If PSC thinks fit, proceedings may be
instituted accordingly.
Regulation 35 (cont)
If interdicted - Reinstate & inform PSC
Forward to PSC court proceedings + judgment (except
for minor offences (c reg 36 (2) (a) & (b) –
[Minor Offences - those under Road Traffic Act / those
not entailing fraud or dishonesty / those not related to
officer’s employment – r 36 (2) (b)].
If further proceedings are instituted (c previous slide) &
interdiction if warranted, that should take effect at a date
not earlier than the date on which new proceedings are
instituted.
Regulation 36
Found guilty of criminal offence
RO forwards to PSC copy of charge + judgment +
court proceedings + his own recommendation (on
PSC F21)
If PSC determines that the officer should be
dismissed (r 37)or retired in the interest of the public
service (r 38 / 39), or subjected to some lesser
punishment –actions will be taken without any of the
proceedings as laid down at regulations 37, 38,or39
being instituted
Regulation 37
MISCONDUCT JUSTIFYING DISMISSAL
BASIS: RO considers it necessary to institute disciplinary
proceedings against a public officer on grounds of misconduct
which if proved would justify dismissal
PROCEDURES :
Carry out preliminary investigations
(Interdict officer if required & Inform PSC – reg 31)
Seeks advice of the S.G on the charges to be levelled
Forward statement of charge/s to accused officer requesting
him to state in writing within a prescribed delay, grounds on
which he relies to exculpate himself. (a brief statement of the
allegations on which each charged is based, may also be
annexed )
Regulation 37 (cont)
PROCEDURES (cont)
If RO is satisfied with explanations, officer may be
reinstated in case of interdiction & PSC be informed
(c reg 31 & reg 35). Disciplinary proceedings are
discontinued.
Where no reply is received or where the RO is not
satisfied with the explanations, RO forwards to PSC
copies of his reports + the charges + reply of officer,
if any + his own comments.
Regulation 37 (cont)
PROCEDURES (cont)
PSC considers submission and if is of the view that
proceedings for dismissal should continue, appoints
a Committee consisting of not < 3 members (public
officers or former public officers) as follows:
Chair: Judge / Magistrate / Public Officer being or
has been a barrister.
Members: selected with due regard to status of
accused officer
NOTE: Neither the RO nor any officer who is
serving or has served in the Ministry, for any period
during the 5 years preceding the alleged misconduct
shall be a member.
Regulation 37 (cont)
PROCEDURES (cont)
The Committee investigates in that it may call the
officer to appear and defend himself. If witnesses are
examined, the officer should be allowed to cross
examine them. Where documentary evidences are
used, the officer shall have access to all of them. The
Committee may permit the both parties (the
prosecuting & the accused officer) to be represented
by a public officer or a legal practitioner but cannot
allow one and disallow the other.
Regulation 37 (cont)
PROCEDURES (cont)
NOTE:
Where during inquiry, grounds for
preferment of additional charges are
disclosed, the RO shall be informed by
the Committee. RO shall follow same
procedure as the initial one.
Regulation 37 (cont)
PROCEDURES (cont)
The Committee completes its enquiry and
submits to the PSC as far as practicable within
a period of 6 months:
 Its report
 The record of the charges preferred
 The evidence led
 The defence & other proceedings relevant
to the enquiry
Regulation 37 (cont)
PROCEDURES (cont)
THE REPORT should include:
•A statement whether according to the Committee
the officer has or has not committed the offence/s
charged + a brief statement of the reasons for their
opinion
•Details of any matter which aggravate or alleviate
the gravity of the case
•Summing up and comments that indicate clearly the
opinion of the Committee
Regulation 37 (cont)
PROCEDURES (cont)
NOTE:
The committee shall not make any
recommendation regarding any form of
punishment;
If the PSC is of the opinion that the Report
should be amplified, may refer the matter
back to the Committee for further
investigations and make submission within a
prescribed delay
Regulation 37 (cont)
PROCEDURES (cont)
CONCLUSION:
The PSC, after considering the final Report of the
Committee decides on punishment, if any, to be
inflicted upon the Officer.
The RO gives effect to the decision of the PSC.
NOTE: The officer may appeal to the Commission
within 21 days of the notification of the punishment
provided he brings forward new arguments to
support the appeal (reg 42 B 2)
Regulation 38
MISCONDUCT NOT JUSTIFYING DISMISSAL
BASIS: RO considers it necessary to institute
disciplinary proceedings against a public officer on
grounds of misconduct which if proved would not be
serious enough to warrant dismissal
PROCEDURES :
Carry out preliminary investigations
Forward statement of charge/s to accused officer
requesting him to state in writing within a prescribed
delay, grounds on which he relies to exculpate
himself.
Regulation 38 (cont)
PROCEDURES (cont)
If RO is satisfied with explanations, officer may be
reinstated in case of interdiction & PSC be informed
(c reg 31 & reg 35). Disciplinary proceedings are
discontinued.
Where no reply is received (or received but not
within delay) or where the RO is not satisfied with
the explanations, RO appoints a Disciplinary
Committee consisting of 3 members (public officers
or former public officers from a list drawn yearly by
Sec to the Cab & Head of Civil Service after
consultation with the PSC).
Regulation 38 (cont)
PROCEDURES (cont)
NOTE:
1.
unlike reg 37, under reg 38, the Chairperson and
the members are selected with due regard to the
status of accused officer
2. Neither the RO nor any officer who is serving or
has served in the Ministry, for any period during the
5 years preceding the alleged misconduct shall be a
member.
Regulation 38 (cont)
PROCEDURES (cont)
The Committee investigates in that it may call the
officer to appear and defend himself. If witnesses are
examined, the officer should be allowed to cross
examine them. Where documentary evidences are
used, the officer shall have access to all of them. The
accused officer shall be allowed to defend himself
personally or be represented by another public
officer.
Regulation 38 (cont)
PROCEDURES (cont)
The Committee should complete its enquiry as far as
practicable within 3 months from its appointment
and submit to the RO, within 14 days of the
conclusion of the proceedings:
 Its report
 The record of the charges preferred
 The evidence led
 The defence & other proceedings relevant to the
enquiry
Regulation 38 (cont)
PROCEDURES (cont)
THE REPORT should include:
•A statement whether according to the Committee
the officer has or has not committed the offence/s
charged + a brief statement of the reasons for their
opinion
•Details of any matter which aggravate or alleviate
the gravity of the case
•Summing up and comments that indicate clearly the
opinion of the Committee
Regulation 38 (cont)
PROCEDURES (cont)
NOTE:
The
committee
shall
not
make
any
recommendation regarding any form of punishment;
If the RO is of the opinion that the Report should
be amplified, may refer the matter back to the
Committee for further investigations and make
submission within a prescribed delay
Regulation 38 (cont)
PROCEDURES (cont)
CONCLUSION:
The RO, after considering the final Report of the
Committee decides on punishment (other than
dismissal and retirement in the interest of the public
service), if any, to be inflicted upon the Officer.
NOTE: If the RO considers that the punishment to be
inflicted requires PSC’s approval (refer to reg 42), he
shall do so before inflicting the punishment.
(During proceedings, if need be, action may be
discontinued and initiated under reg 37 or 39)
APPEAL ( same as under reg 37)
Regulation 39
Retirement in the Interest of the public service
BASIS:
Sec to the Cab & Head of Civil Service or the RO
after having considered every report in his
possession made against a public officer and
considers it desirable that in the interest of the public
service that the service of the officer should be
terminated.
Regulation 39 (cont)
PROCEDURES :
Notify the officer in writing specifying the complaints
whereby his retirement is being contemplated and be given
an opportunity to show cause in writing as to why he should
not be retired as such
 The R.O shall forward to the PSC report on the case +
reply of the officer + his own recommendation
PSC decides on whether the officer be made to retire in the
interest of the public service
RIGHT OF APPEAL UNDER REGULATION 42 B (2)
NOTE:
 PSC may vary ,remit, or approve the punishment.
For reduction in retirements benefits the matter should be
submitted to the MCS&AR
Regulation 40
Reg 40 allows a RO to make representations to the
PSC, notwithstanding regulations 37, 38 & 39, to the
effect that a public officer has been found guilty of
misconduct or unsatisfactory service. Where the PSC
considers that there is ground for disciplinary action,
it may cause to have to such recourse under Part iv
of the PSC Regulations
Regulation 41
Regulation 41 provides a list of all the punishments
that can be inflicted upon a public officer found
guilty of any offence punishable under the PSC
regulations:
Dismissal
Retirement in the interest of the public service
reduction in rank or seniority
Stoppage of increment
Deferment of increment
Suspension from work without pay for a period not
< one day and >4 days .
Severe reprimand
Reprimand
Regulation 42 (1)
Provides a list of punishment which a RO can inflict
upon a public officer without referring to the PSC:
Stoppage of increment for a period < 1 year
Deferment of increment for a period < 1 year
Suspension from work without pay for a period not
< one day and >14 days .
Severe reprimand
Reprimand
Deduction of salary for absence without leave and
consistently late for work.
NOTE: there should be recorded investigation and
opportunity given to submit written explanations
Regulation 42 (1)(cont)
WARNING
Without referring to the commission the R.O
may administer a warning to any officer in his
Ministry on ground of unsatisfactory work or
conduct.
 The decision to administer a warning shall be
communicated to the officer in writing
 The officer shall be given an opportunity to
reply
 A warning where administered , shall be
recorded in the officer ‘s P.F
 The officer shall be informed accordingly.
Regulation 42 A
Under this regulation the Secretary to the Cabinet
and Head of Civil Service is empowered to institute
disciplinary proceedings against any public officer
on grounds of misconduct or unsatisfactory service
which if proved would justify his dismissal,
retirement in the interest of the public service or a
lesser punishment.
However the procedures as laid down in reg 37, 38,
39 or 42 should be followed
Regulation 42 B
RIGHT TO APPEAL
Should be made within 21 days as from the date of
notification of the punishment inflicted
Regulation 43
DECLARATION OF POST VACANT
Where a public officer absents himself from duty
without leave or fails to resume duty after expiry of
leave , is liable to be treated as having vacated his
office or to be summarily dismissed.
RO reports to PSC which may declare the post held
by the officer vacant or summarily dismiss the office
Regulation 44
This regulation requires that:
All cases of misconduct be dealt with as soon as
possible after their occurrence;
Where disciplinary proceedings are instituted
against a public officer, the PSC, need be informed at
each stage of the proceedings the action taken.
PSC, where it thinks fit to provide for or to
discontinue the proceedings.
Regulation 45
RIGHT TO BE INFORMED
Under this regulation, any public officer who is
subject to disciplinary proceedings being instituted
against him need be informed of :
The findings on each charge preferred against him
The punishment to be imposed
Regulation 46
NON-APPLICATION OF THE REGULATIONS
This regulation exempts those officers in respect of
whom the power of disciplinary control has been
delegated under section 89 (2) of the Constitution
THANK U
57703627 / 5754 6786