Series 6 – Disciplinary procedure where there is an order of detention, banishment, etc.

• Introduction
  Disciplinary action procedure arising from an order of detention, supervision, restricted residence, banishment or deportation and others as stipulated in Regulations 32 and 33, Public Officers (Conduct and Discipline) 1993.
• Procedure in cases where there is an order of detention, banishment, etc
  Where there is an order or detention (other than an order of remand), supervision, restricted residence, banishment or deportation or any order which imposes any form of restriction or supervision, whether with bond or otherwise which has been made against an officer under any law relating to the security, prevention of crime, preventive detention, restricted residence, banishment, immigration, or the protection of women and girls or of children, the Head of Department shall apply for a copy of the order from the appropriate authority. The copy of the order together with the officer’s records of service and recommendation as to the punishment deemed fit to be imposed on the officer, depending on the degree of disrepute to which the officer has brought to the public service, shall then be forwarded to the appropriate Disciplinary Authority having the jurisdiction to impose a punishment of dismissal or reduction in rank.
  
  Pursuant to Regulation 45(1)(b), Public Officers (Conduct and Discipline) 1993, the appropriate Disciplinary Authority having the jurisdiction to impose a punishment of dismissal or reduction in rank may suspend an officer from exercising his duties commencing from the date of conviction or the effective date of the order. An officer suspended during this period shall not be entitled to receive any emolument throughout the period of his suspension.
• Disciplinary Action
  As provided in Regulation 33(2), the Disciplinary Authority must consider the report, records of service and the Head of Department’s recommendation prior to determining the proper punishment to be imposed on the officer.
  
  Regulation 45A states that where disciplinary proceedings against an officer result in the officer to be dismissed, the officer shall not be entitled to any part of the emoluments which has not been paid to him during the period of his interdiction or suspension. On the contrary, in the event a punishment other than a dismissal is imposed on the officer, he shall be entitled to receive any part of his emoluments which had not been paid to him during the period of his interdiction or suspension.
• Exception to the ‘right to be heard’
  For the purpose of taking a disciplinary action against an officer who has been imposed an order of detention, supervision, restricted residence, banishment or deportation and others, there will be no requirement for a charge to be served against the officer nor will ‘the right to be heard’ be applicable. This is due to the fact that any disciplinary action taken in these circumstances does not involve the act of determining the type of violation/breach, and whether there exists a prima facie case as how the usual disciplinary action would be.
• Disciplinary Decision
  Disciplinary results/ decisions must be notified to the officer and accordingly executed although there may be an appeal made against the result/decision. The grounds of which the officer has been found guilty of the charge must be stated in the notice. The option of an appeal by the officer must also be informed in the same notice. Should the aggrieved officer decide to exercise such option, it may do so by making an appeal to the Disciplinary Appeal Board within 14 days of receipt of the decision.
• Disciplinary Record
  All records and documents pertaining to the disciplinary action must be preserved accordingly. The details and particulars of the decision(s) made by the Disciplinary Board and the Disciplinary Appeal Board and punishments imposed as directed by such decision(s) must be recorded in the officer’s records of service.