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CONDITIONS OF SERVICE COURSE OFFERED BY GGSU PRESENTED BY A RAMA MIN OF ENVIRONMENT & F K YARROO

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 Section 89 empowers Commission to:

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CONDITIONS OF SERVICE COURSE OFFERED BY GGSU PRESENTED BY A RAMA MIN OF ENVIRONMENT & F K YARROO

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  1. 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)

  2. Powers of the PSC under theConstitution • 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.

  3. Powers of the PSC under the Constitution • Section II8(1) empowers Commission: • to make regulations for regulating and facilitating its functions; and • 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.

  4. DISCIPLINE Disciplinary offences fall under three categories – on grounds of unsatisfactory services and misconduct (i)Minor Misconduct (ii) Serious Misconduct (iii) Gross Misconduct

  5. 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.

  6. 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

  7. SERIOUS MISCONDUCT • Disciplinary actions • (Warning) • Reprimand • Severe reprimand • Dismissal • Retirement in the interest of the Public Service

  8. 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

  9. 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.

  10. 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 : When criminal proceedings are being instituted against the officer. Retirement in the interest of the Public Service is being contemplated Proceedings for dismissal have been instituted :

  11. 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

  12. 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)

  13. 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

  14. 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

  15. 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)

  16. 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.

  17. 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.

  18. 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

  19. 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 )

  20. 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 + thecharges + reply of officer, if any + his own comments.

  21. 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.

  22. 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.

  23. 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.

  24. 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

  25. 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

  26. 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

  27. 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)

  28. 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.

  29. 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).

  30. 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.

  31. 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.

  32. 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

  33. 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

  34. 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

  35. 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)

  36. 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.

  37. 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

  38. 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

  39. 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

  40. 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

  41. 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 shallbecommunicated to the officer in writing • The officer shallbe given an opportunity to reply • A warning where administered , shall be recorded in the officer ‘s P.F • The officer shall be informed accordingly.

  42. 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

  43. Regulation 42 B • RIGHT TO APPEAL • Should be made within 21 days as from the date of notification of the punishment inflicted

  44. 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

  45. 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.

  46. 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

  47. 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

  48. THANK U 57703627 / 5754 6786

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