Public Service Commission Regulations, 2005

Legal Notice 28 of 2005

Repealed
This Legal Notice was repealed on 2020-01-31 by The Public Service Regulations, 2020.
This is the version of this Legal Notice as it was when it was repealed.
Citation
Legal Notice 28 of 2005
Primary work
Public Service Commission Act
Date
Language
English
Type
Legal Notice
Publication
Download PDF (20.6 MB)
Related documents
LAWS OF KENYA

PUBLIC SERVICE COMMISSION ACT

PUBLIC SERVICE COMMISSION REGULATIONS, 2005

LEGAL NOTICE 28 OF 2005

  • Published in Kenya Gazette Vol. CVII—No. 25 on 15 April 2005
  • Commenced on 15 April 2005
  1. [Amended by Public Service Commission (Amendment) Regulations, 2005 (Legal Notice 49 of 2014) on 16 May 2014]
  2. [Revoked by The Public Service Regulations, 2020 (Legal Notice 3 of 2020) on 31 January 2020]

Part I – PRELIMINARY

1. Citation and application

(1)These Regulations may be cited as the Public Service Commission Regulations, 2005.
(2)These Regulations shall apply to all public offices to which the Commission's constitutional powers and functions as set out in section 107 of the Constitution apply, other than offices in the Kenya Police Force, the Kenya Prisons Service and local authorities.

2. Interpretation

(1)In these Regulations, unless the context otherwise requires—"authorized officer" means—(a)the Permanent Secretary who exercises supervision over the ministry concerned, or over the ministry in which the public officer concerned holds an office, as the case may be; or(b)in the case of a department which is not assigned to any Minister, the head of that department; or(c)in the case of the National Audit Office, the Controller and Auditor-General, and includes any other public officer appointed by the Commission to be an authorized officer for the purposes of these Regulations;"the Chairman" means the person appointed under section 106 of the Constitution as the chairman of the Commission and includes the Deputy Chairman or a member of the Commission who acts as the chairman of the Commission in accordance with subsection (10) of that section;"the Commission" means the Public Service Commission established under section 106 (1) of the Constitution;"the Deputy Chairman" means the person appointed under section 106 (1) of the Constitution as the deputy chairman of the Commission;"disciplinary control" includes control in so far as it relates to any of the punishments specified in regulation 25;"member" includes any person appointed as a member of the Commission under section 106 of the Constitution or any person for the time being appointed to act as a member under section 106 (11) of the Constitution;"official document" means any document or paper prepared by any public officer in the course of his employment or any document or paper which comes into the custody of any public officer in the course of such employment;"the Order" means the Kenya Independence Order in Council, 1963 (L. N. 718/1963.);"pensions benefits" means any pensions, compensation, gratuities or other similar allowances payable to persons in respect of their service as public officers, or to the widows, children, dependants or personal representatives of such persons, in respect of that service;"pensionable public officer" means any public officer who has been confirmed in a public office and admitted to the permanent and pensionable establishment;"pre-service trainee" means any person who is undergoing or has undergone a recognized training programme in a government training institution as a pre-condition for appointment into the public service;"promotion" means the conferment upon a person in the public service of an office to which is attached a higher salary or higher salary scale than that attached to the office to which he was last substantively appointed;"public officer" means any person holding or acting in any public office;"the Secretary" means the person appointed as secretary to the Commission under section 3(1) of the Act;"seniority" means the relative seniority of public officers and, except as may be otherwise provided by the Commission or in these Regulations, shall be determinable and shall be regarded as having always been determinable as follows -(a)as between public officers of the same grade -(i)by reference to the dates on which they respectively entered the grade;(ii)if any public officers entered that grade on the same day, by reference to their seniority on the day immediately preceding that day;(iii)if any public officers who entered the same grade on the same day did so by appointment and not by promotion (excluding promotion from a non-pensionable to a pensionable grade), their seniority relative to each other shall be determinable by reference to their respective ages;(b)as between public officers of different grades on the same salary scale or the same flat rate of salary, by reference to the dates on which they respectively entered their grades;(c)as between public officers of different grades on different salary scales, by reference to the maximum point on their salary scales, a flat rate of salary being regarded for this purpose as a salary scale with a maximum point equivalent to the flat rate:Provided that when assessing the seniority of a pensionable public officer, service by himself or any other person in a non-pensionable capacity shall not he taken into account;"transfer" means the conferment, whether permanently or otherwise, of some public office other than that to which the person concerned was last substantively appointed, not necessarily being a promotion; but the posting or secondment of a public officer between duty posts in the same grade in the public service shall not be regarded for this purpose as a transfer.
(2)Nothing in these Regulations empowering an authorized officer or any other person to perform any function vested in the Commission shall preclude the Commission from itself performing that function in any particular case.

Part II – GENERAL

3. Decisions may be made by circulation of papers

Decisions may be made by the Commission without a meeting by circulation of the relevant papers among the members and the expression of their views in writing, but any member shall be entitled to require that any such decision shall be deferred until the subject matter shall be considered at a meeting of the Commission.

4. Dissent by members

Any member who dissents from a decision of the Commission shall be entitled to have his dissent and his reason therefor set out in the records of the Commission.

5. Record of meetings.

A record shall be kept of the members present and of the business transacted at every meeting of the Commission.

6. Commission may require attendance and production of documents.

(1)The Commission may require any public officer to attend and give information before it concerning any matter which it is required to consider in exercise of its functions.
(2)The Commission may require the production of any official document relevant to any exercise of its functions, and any public officer who submits any matter for the consideration of the Commission shall ensure that all relevant documents and papers are made available to the Commission.
(3)Any public officer who without reasonable excuse fails to appear before the Commission when notified to do so, or who fails to comply with any request lawfully and properly made by the Commission, shall be guilty of a breach of discipline and the Commission may direct the person responsible for initiating disciplinary proceedings against such public officer that disciplinary proceedings should be instituted against him.
(4)Notwithstanding paragraphs (1), (2) and (3), a public officer may withhold information on any matter or production of an official document when directed by the President in writing to do so.

7. Correspondence

All correspondence for the Commission shall be addressed to the Secretary or, in special caaes, to the Chairman.

8. Right of authorized officer to be heard

The Commission shall, at the request of an authorized officer, hear him or his representative personally in connexion with any matter he has referred to the Commission.

Part III – APPOINTMENTS (INCLUDING ACTING APPOINTMENTS EXCEEDING A PERIOD OF ONE MONTH AND TEMPORARY APPOINTMENTS), PROMOTIONS, TRANSFERS, CONFIRMATION OF APPOINTMENTS AND TERMINATION OF APPOINTMENTS (OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS).

9. Delegation of powers to authorized officers

(1)With the consent of the President, the following powers vested in the Commission are, subject to these Regulations and to such instructions as the Commission may, from time to time issue, delegated to authorized officers—
(a)In respect of public offices which have been assigned Job Groups "A" to "P"—
(i)the power of appointment, including acting appointment, promotion and transfer (but excluding the power of initial appointment or change of designation of public officers in Job Groups "J","K" or "L" and the appointment of pre-service trainees to positions in Job Groups "A" to "H");
(ii)the power of extension of the probationary period of any such officer;
(iii)the power to terminate the probationary appointment of any such public officer under these Regulations and any other regulations which may be in force;
(b)in respect of all public officers, irrespective of their Job Groups, the power of confirmation in appointment of any public officer appointed on probation;
(c)in respect of public officers serving on written contracts or Letters of Temporary Appointment, the power to terminate, otherwise than by dismissal, in accordance with the provisions of a written contract or a Letter of Temporary Appointment, the appointment of a public officer serving on such contract or Letter of Temporary Appointment:Provided that nothing in these Regulations shall affect the power of the Commission to terminate the appointment of such public officer in accordance with a term or condition contained in his contract or Letter of Appointment.
(2)An authorized officer exercising the powers conferred on him by this regulation shall act in accordance with these Regulations and any other regulations which may be in force, as appropriate.
(3)A public officer affected by the decision of the authorized officer under this regulation may, through the authorized officer, appeal to the Commission within fourty-two days from the date of receiving the decision appealed against.
(4)Notwithstanding the provisions of this regulation, the Commission may, when necessary, institute an enquiry to determine whether or not the powers delegated under this regulation have been properly exercised by the authorized officer.[L.N. 49/2014, r. 2.]

10. Notification of vacancies

(1)An authorized officer exercising the powers conferred by regulation 9 (1) (a) (i) shall -
(a)at least twenty-one days before the exercise of the powers, notify the Commission of the vacancies or the particulars respecting the appointment or promotion or transfer, as the case may be; and
(b)at least twenty-one days after exercising the powers, notify the Commission of the particulars of the public officer appointed or promoted or transferred, as the case may be.
(2)Where the authorized officer is not conferred with the delegated powers of appointment under regulation 9 and a vacancy occurs or it is known that a vacancy will occur, the authorized officer shall notify the Commission and the Commission shall take the appropriate steps to fill that vacancy.

11. Vacancies dependent of examinations

Where vacancies are to be filled according to the results of examinations held under the authority of the Commission, the Commission shall make such arrangements and issue such instructions as may be appropriate.

12. Advertisement of vacancies

(1)Subject to paragraph (2), applications for appointment to vacancies shall be invited by public advertisement in such manner as the Commission may determine.
(2)A vacancy need not be advertised where—
(a)the Commission is satisfied that the vacancy should be filled by the appointment or reappointment or redesignation of a public officer held against the establishment of the ministry or department in which the vacancy exists or by the continued employment of a public officer on temporary terms; or
(b)the Commission is satisfied that there is no reasonable likelihood of any application being received in response to advertisement from a candidate who is likely to be qualified.
(3)Where, in the opinion of the Commission, it would be likely to find a public officer in some ministry or department or public body other than that in which the vacancy occurs, it may invite applications from serving public officers.
(4)Where an authorized officer is conferred with the delegated powers of appointment, the authorized officer shall exercise such powers in the manner determined by the Commission under paragraph (1).

13. Criteria concerning appointments

(1)In selecting candidates for appointment, promotion and transfer, the Commission shall have regard to the efficiency of the public service and, in considering the claims of public officers for promotion, merit and ability shall be taken into account as well as seniority, experience and official qualifications; and as between public officers of equal official qualifications, proved merit and suitability for the vacancy in question, shall be given greater weight than seniority.
(2)Recommendations made to the Commission for promotion shall state whether the person recommended is the senior public officer in the department or grade eligible for promotion and, where this is not the case, detailed reasons shall be given in respect of each person in that same department or grade over whom it is proposed that the person recommended should be promoted and the Commission shall a decision.
(3)The provisions of paragraph(1) shall, with the necessary modifications, apply to an authorized officer exercising delegated powers of appointment, promotion or transfer under these Regulations.

14. Probationary appointments

(1)Subject to regulation 9, where a public officer has been appointed on probation the authorized officer shall, not less than three months before the expiration of the probationary period, inform the Commission whether in his opinion—
(a)the probationary period should be extended so as to afford the public officer further opportunity to pass any examination, the passing of which is a condition of the confirmation, his service otherwise being satisfactory; or
(b)the probationary period should be extended to afford the public officer the opportunity of improvement in any respect in which his work or conduct have been adversely reported on; or
(c)the public officer's appointment should be terminated.
(2)The authorized officer shall not recommend theextension or termination of an appointment under subparagraph (b) or subparagraph (c) of paragraph (1) unless he has first, by letter, informed the public officer of his intention and of the right of the public officer to make representations thereon within a period to be specified in such letter and required the public officer to acknowledge receipt of such letter in writing within that period; the authorized officer shall attach copies of all such correspondence to his recommendation.
(3)Notwithstanding paragraph (1) but subject to paragraph (2), the authorized officer may, at any time, recommend to the Commission that a probationary appointment be terminated.

15. Transfers

(1)Where it is desired to transfer a public officer in Job Transfers. Group "Q" or above from his present ministry or department to another ministry or department without change of designation or grading, the recommendations and comments of the authorized officers concerned shall be sent to the Commission, which shall decide whether the transfer should be approved.
(a)the probationary period should be extended so as to afford the public officer further opportunity to pass any examination, the passing of which is a condition of the confirmation his service otherwise being satisfactory; or
(b)the probationary period should be extended to afford the public officer the opportunity of improvement in any respect in which his work or conduct have been adversely reported on; or
(2)Where it is desired to transfer a public officer in Job Group "Q" or above from his present office to another office of different designation but of similar grading, either in his own or in another ministry or department, the authorized officers concerned shall forward their recommendations and comments to the Commission, which shall decide whether thetransfer s hould be approved.
(3)Nothing in this regulation shall apply to—
(a)the posting of public officers from one station to another in their substantive capacities within ministries or departments; or
(b)the transfer between ministries or departments of public officers in any office which is common to departments generally, which shall be effected by the authorized officers concerned in consultation, where necessary, with the Director of Personnel Management.
[L.N. 49/2014, r. 3 & 4.]

16. Further engagement on contract

(1)Subject to regulation 9(1)(c), where a public officer is serving on a written contract and is willing to engage for a further term of service, the authorized officer shall notify the Commission of the date when such contract will expire, and his recommendation whether it should be renewed or not.
(2)So far as is practicable, every notification under paragraph (4) shall be forwarded to the Commission in sufficient time to enable the Commission to give its decision not less than three months before the public officer's contract is due to expire.

17. Acting appointments

The regulations and procedures which apply to appointments and promotions shall also apply, where appropriate, to all acting appointments exceeding a period of one month, subject to such instructions as the Commission may, from time to time, issue.

18. Compulsory retirement on reaching the mandatory retirement age

(1)If it appears to an authorized officer that there is reason why a pensionable public officer should be called upon to retire from the public service on the grounds that he has reached the age at which he can lawfully be required to retire from the public service under the pensions legislation, the authorized officer shall advise the public officer that his compulsory retirement is under consideration and ask if he wishes to make any representations thereon.
(2)The authorized officer shall forward such representations, if any, together with his own observations to the Commission, and the Commission shall decide whether the public officer should be called upon to retire.
(3)On being advised of the decision of the Commission, the authorized officer shall notify the public officer and, if the public officer is to be retired, he shall notify the Pensions Branch of the Treasury.
(4)A public officer whose compulsory retirement is under consideration under this regulation may, where possible, be given the option to retire voluntarily provided that the reasons for requiring his retirement do not involve disciplinary action.

19. Retirement on grounds of ill health

(1)Where it appears to an authorized officer that a public officer is incapable by reason of any infirmity of mind or body of discharging the functions of his public office, he may (and shall if the public officer so requests) call upon the public officer to present himself before a medical board (which shall be appointed by the Director of Medical Services) with a view to it being ascertained whether or not the public officer is incapable as aforesaid.
(2)After the public officer has been examined, the Director of Medical Services shall forward the medical board's proceedings, together with his comments thereon, to the authorized officer, who in turn shall forward them, together with any representations which the public officer desires to make and his own recommendation, to the Commission.
(3)Unless the Commission considers that further inquiry is necessary, in which case it shall issue directions to the authorized officer accordingly, it shall decide forthwith whether the public officer should be called upon to retire on the grounds of ill health.
(4)On being advised of the decision of the Commission, the authorized officer shall notify the public officer and, if the public officer is to be retired on the grounds of ill health, he shall notify the Pensions Branch of the Treasury.

20. Retirement on abolition of office or on re-organization of a ministry or department

(1)Where a public officer, who is one of a number of public officers holding similar public offices, is to be retired, either—
(a)on the abolition of the office he holds; or
(b)upon the re-organization of the ministry or department in which he holds an office for better efficiency or economy,
but one or more of the such public officers is to remain in office, the authorized officer shall inform the public officer that his compulsory retirement is under consideration and invite him to make representations thereon, if any.
(2)The authorized officer shall forward the representations, if any, together with his own observations thereon to the Commission, and the Commission shall decide whether the public officer should remain in the office he holds in the public service or should be transferred or seconded to another department or ministry, or the officer should be retired on abolition of office or on reorganization of Government for greater efficiency or economy.
(3)On being advised of the decision of the Commission, the authorized officer shall notify the public officer and, if the public officer is to be retired, he shall prepare and forward the officer's pensions claims to the Pensions Branch of the Treasury.
(4)The provisions of this regulation shall not apply to any public officer who has reached the age at which he can lawfully be required to retire from the public service under the pensions legislation in accordance with regulation 18.
(5)Any public officer dissatisfied with the decision of the Commission under this regulation may, in writing through his authorized officer, seek a review of the decision within fourty-two days from the date of receiving the communication of the Commission's decision:Provided the Commission may entertain a request for a review of the decision out of time if the circumstances warrant it.

21. Special procedure

Where the Commission is satisfied that the public interest requires that any matter relating to the appointment, promotion, transfer, secondment or confirmation in his appointment of a public officer be dealt with otherwise than in accordance with the procedure laid down in this Part, it shall take such action or issue such directions with regard to that matter as appears to it to be most appropriate in the circumstances.

Part IV – DISCIPLINE

22. Delegation of powers to authorized officers

(1)With the consent of the President, the following disciplinary powers vested in the Commission are, subject to these Regulations and to such instructions as the Commission may, from time to time issue, hereby delegated to authorized officers —
(a)In respect of all public officers —
(i)the power to interdict any public officer under regulation 23;
(ii)the power to suspend any public officer under regulation 24;
(iii)the power to stop, withhold or defer a normal increment of any public officer or to inflict a severe reprimand or a reprimand on him or to stop his pay or salary under regulation 26;
(b)in respect of all public officers in Job Group "L" or below—
(i)the power of dismissal or reduction in rank or seniority in accordance with regulation 34:Provided that where the public officer, at the time of dismissal proceedings, has qualified for pension, gratuity, annual allowance or other retiring award under the pension legislation, the authorized officer shall not exercise the delegated power to dismiss in accordance with regulation 34 but shall deal with the matter in accordance with regulation 35 (6);
(ii)the power to inflict any of the punishments mentioned in paragraph (1) of regulation 25 on a public officer who is convicted in any court of a criminal offence in accordance with regulation 37.
(2)Any authorized officer exercising the powers conferred on him by this regulation shall act in accordance with these Regulations and any other relevant provisions of the law for the time being in force.

23. Interdiction

(1)If in any case an authorized officer is satisfied that the public interest requires that a public officer should cease forthwith to exercise the powers and functions of his public office, he may interdict the public officer from the exercise of those powers and functions provided proceedings which may lead to his dismissal are being taken or are about to be taken or that criminal proceedings are being instituted against him.
(2)A public officer who is interdicted shall receive such salary, not being less than half his salary, as the authorized officer shall think fit.
(3)Where disciplinary or criminal proceedings have been taken or instituted against a public officer under interdiction and such public officer is neither dismissed nor otherwise punished under these Regulations, the whole of any salary withheld under paragraph (2) shall be restored to him upon the termination of such proceedings.
(4)If any punishment other than dismissal is inflicted, the public officer may be refunded such proportion of the salary withheld as a result of his interdiction, as the Commission shall decide.
(5)A public officer who is under interdiction may not leave his station without the permission of the authorized officer or of any public officer who is empowered to give such permission on behalf of the authorized officer.
(6)For the purpose of this regulation and regulation 24, "salary" means basic salary and, where applicable, includes inducement or overseas allowance.

24. Suspension

(1)Where a public officer has been convicted of a serious criminal offence, other than such as are referred to in regulation 37 (3), an authorized officer may suspend the public officer from the exercise of the functions of his public office pending consideration of his case under these Regulations.
(2)An authorized officer may suspend from the exercise of the functions of his public office, a public officer against whom proceedings for dismissal have been taken if, as the result of those proceedings, he considers that the public officer ought to be dismissed.
(3)While a public officer is suspended from the exercise of the functions of his public office under this regulation, he shall not be entitled to any salary:Provided that the authorized officer may, if he thinks fit, direct that any suspended public officer shall be granted an alimentary allowance in such amount and on such terms as he may determine.
(4)A public officer who is suspended may not leave his station without the permission of the authorized officer or of any public officer who is empowered to give such permission on behalf of the authorized officer.

25. Punishments

(1)The following are the punishments which may be inflicted upon a public officer as a result of disciplinary proceedings under this Part—
(a)recovery of the cost or part of the cost of any loss or breakage caused by default or negligence, provided no such cost has been recovered by surcharge action under the appropriate financial instructions or regulations;
(b)reprimand (including severe reprimand); and
(c)deferment of increment;
(d)withholding of increment;
(e)stoppage of increment;
(f)reduction in rank or seniority;
(g)dismissal.
(2)Nothing in this regulation shall limit the powers conferred by these Regulations to require a public officer to retire from the public service on the grounds of public interest.
(3)No punishment shall be inflicted on any public officer which would be contrary to any law.

26. Authorized officer may inflict punishments

(1)Notwithstanding any other provisions of these Regulations, an authorized officer may, without reference to the Commission—
(a)stop, withhold or defer a public officer's normal increment for a period not exceeding one year on the grounds of unsatisfactory service:Provided that, if the stoppage or deferment is recommended to be continued beyond one year, the matter shall be referred to the Commission for its decision;
(b)after investigation and after giving the public officer an opportunity for making his defence (which shall be recorded), inflict on a public officer a severe reprimand or a reprimand; or
(c)stop from the pay or salary of a public officer who has been absent from duty without leave or lawful cause or reasonable excuse, an amount which bears the same relation to his annual pay or salary as such period of absence bears to one year.
(2)An authorized officer exercising the powers conferred on him by this regulation shall act in accordance with regulation 32.

27. Absence from duty without leave

Where a public officer is absent from duty without leave or reasonable or lawful cause for a period exceeding twenty-four hours and the public officer cannot be traced within a period of ten days from the commencement of such absence, or if traced, no reply to a charge of absence without leave is received from him within ten days after the despatch of the charge to him, the authority empowered to dismiss him may summarily dismiss him.

28. Pension rights and privileges lost on dismissal

Subject to any law for the time being in force, a public officer who is dismissed shall forfeit all rights or claims to a pension, gratuity, annual allowance or other retiring award, and any rights or claims he enjoys in regard to leave or passages at the public expense.

29. Disciplinary procedure

(1)All acts of misconduct by public officers shall be dealt with under this Part as soon as possible after the time of their occurrence.
(2)Where, in any case which comes to the attention of the Commission, the Commission is of the opinion that disciplinary proceedings should be instituted against a public officer, the Commission shall, notwithstanding any other provisions of these Regulations, direct the authorized officer to initiate such proceedings.

30. Copies of office orders, minutes, reports etc

An officer shall not be entitled to copies of office orders, minutes, reports or recorded reasons for decisions.

31. Appeals and review

(1)Subject to section 13 of the Order, an appeal by a public officer shall lie to the Commission, through the authorized officer concerned against an order made in accordance with this Part in relation to that public officer in disciplinary proceedings involving any of the punishments as mentioned in regulations 25 and 26 except that no appeal shall be entertained in any case unless it is received within forty-two days of the date upon which the decision is addressed to the public officer:Provided that the Commission may entertain an appeal out of time if, in the opinion of the Commission, the circumstances warrant it.
(2)The Commission shall entertain an appeal only once in respect of each case.
(3)A public officer may, within one year of the date upon which any decision of the Commission under this part is addressed to the public officer, apply for review and the application may be admitted if the Commission is satisfied that there appear in the application new and material facts which might have affected a former decision, and if adequate reasons for the non-disclosure of such facts at an earlier date are given, or, there is an error apparent on record of the earlier decision.
(4)An application to review a decision of the Commission made on review shall not be allowed.
(5)Notwithstanding the right of appeal or the right to apply for review conferred on a public officer by this regulation, disciplinary action shall not be deferred or suspended pending the determination of the appeal or the application for review.

32. Copies of office orders, minutes, reports etc

Where proceedings have been taken against a public officer under this Part, he shall be informed by the authorized officer—
(a)of the findings on each charge which has been preferred against him;
(b)of the punishment, if any, to be inflicted upon him; and
(c)that an appeal may be lodged within forty-two days from the conclusion of such proceedings:
Provided that failure to communicate such right of appeal shall not invalidate the said findings or punishment.

33. Disciplinary proceedings for a public officer in Job Group "Q"or above

(1)Where an authorized officer considers it necessary to institute disciplinary proceedings against a public officer to whom this regulation applies on the ground of misconduct which, if proved, would, in his opinion, justify any of the punishments in regulation 25 (1), he shall, after such preliminary investigation and consultation as to the terms of the charge or charges as he considers necessary, forward to the public officer a statement of the charge or charges framed against him together with a brief statement of the allegations, in so far as they are not clear from the charges themselves, on which each charge is based, and shall invite the public officer to state in writing, should he so desire, before a day to be specified, any grounds on which he relies to exculpate himself.
(2)If the public officer does not furnish a reply to a charge or charges forwarded under paragraph (1) within the period specified, or if in the opinion of the authorized officer he fails to exculpate himself, the authorized officer shall forward to the Commission copies of the statement of the charge, or charges, the reply, if any, of the public officer and the authorized officer's comments thereon.
(3)If, on consideration of the statement of the charge or charges, the reply, if any, of the public officer, and the comments of the authorized officer, the Commission is of the opinion that no further investigation is necessary, it shall forthwith decide on the punishment, if any, which should be inflicted on the public officer, or whether he should be retired in the public interest.
(4)If the Commission, on consideration of the submissions by the authorized officer, is of the opinion that the matters should be further investigated, it shall direct the authorized officer to conduct such further investigation.
(5)Any investigation carried out under this regulation shall be undertaken by public officers senior to the accused public officer, who have not, directly or indirectly, dealt with the case before.
(6)If, during the course of the investigation, the grounds for the framing of additional charges are disclosed, the authorized officer shall follow the same procedure as was adopted in framing the original charges.
(7)After conducting the investigation, the authorized officer shall forward a report of the investigation to the Commission together with the record of the charges framed, evidence led, the defence and other proceedings relevant to the inquiry; and the report of the investigation under this regulation shall include—
(a)a statement whether the charge or charges against the accused public officer have been proved and the reasons therefor;
(b)details of any matters which may aggravate or alleviate the gravity of the case; and
(c)a summing up and such general comments as will indicate clearly the opinion on the matter being investigated; but the report of the investigation shall not make any recommendation regarding the form of punishment to be inflicted on the accused public officer.
(8)The Commission, after consideration of the report, shall, if it is of the opinion that the report should be amplified in any way or that further investigation is desirable, refer the matter back to the authorized officer who shall conduct the investigation for a further report.
(9)The Commission shall decide on the punishment, if any, which should be inflicted on the public officer, or whether he should be retired in the public interest.
(10)The provisions of this regulation shall appily to a public officer in Job Group Q or above above[L.N. 49/2014, r. 5.]

34. Disciplinary proceedings for a public officer in Job Group L or below and who has not qualified for pensions benefits under the pensions legislation.

(1)Where an authorized officer considers it necessary to institute disciplinary proceedings against a public officer to whom this regulation applies on the ground of misconduct which, if proved, in his opinion, justify any of the punishments mentioned in regulation 25 (1), he shall after such preliminary investigation as he considers necessary, forward to the public officer a statement of the charge or charges against him with brief allegations, in so far as they are not clear from the charges themselves, on which each charge is based.
(2)If the public officer does not furnish a reply to a charge or charges forwarded under paragraph (1) within the period specified, or, if in the opinion of the authorized officer, he fails to exculpate himself, and the authorized officer is of the opinion that no further investigation is necessary, the authorized officer shall forthwith decide on the punishment, which should be inflicted on the public officer.
(3)If the authorized officer, on consideration of the charge or charges against the public officer, the public officer's reply and the grounds, if any, on which the public officer relies to exculpate himself, is of the opinion that the matter should be further investigated, the authorized officer shall conduct such further investigation.
(4)Any investigation carried out under this regulation shall be undertaken by public officers senior to the accused public officer, who have not, directly or indirectly, dealt with the case before.
(5)The authorized officer shall decide on the punishment, if any, which should be inflicted on the public officer.
(6)The provisions of this regulation shall apply to a public officer in Job Group "P" or below, who has not qualified for pensions benefits under the pensions legislation.[L.N. 49/2014, r. 6.]

35. Disciplinary proceedings for public officer in Job Group L or below and who has qualified for pensions benefits under the pensions legislation

(1)Where an authorized officer considers it necessary to institute disciplinary proceedings against a public officer to whom this regulation applies on the ground of misconduct which, if proved, in his opinion, justify any of the punishments mentioned in regulations 25(1), he shall, after such preliminary investigation as he considers necessary, forward to the public officer a statement of the charge or charges against him with brief allegations, in so far as they are not clear from the charges themselves, on which each charge is based.
(2)If the public officer does not furnish a reply to a charge or charges forwarded under paragraph (1) within the period specified, or if in the opinion of the authorized officer he fails to exculpate himself, the authorized officer shall forthwith decide and inflict on the public officer any of the punishments prescribed under regulation 25(1) except, dismissal or reduction in rank or seniority.
(3)If the authorized officer, on consideration of the charge or charges against the public officer, the public officer's reply and the grounds, if any, on which the public officer relies to exculpate himself, is of the opinion that the matter should be further investigated, the authorized officer shall conduct such further investigation.
(4)Any investigation carried out under this regulation shall be undertaken by public officers senior to the accused public officer who have not, directly or indirectly, dealt with the case before.
(5)If, in the opinion of the authorized officer, a punishment should be inflicted on the public officer, the authorized officer shall forthwith decide and inflict on the public officer any of tile punishments prescribed under regulation 25 (1), except dismissal or reduction in rank or seniority.
(6)Where, in any case under this regulation, it is the opinion of the authorized officer that the punishment to be inflicted is dismissal or reduction in rank or seniority, the authorized officer shall forward to the Commission the record of the disciplinary proceedings together with his comments thereon and the Commission shall decide the punishment, if any, which should be inflicted on the public officer, or whether he should be retired in the public interest:Provided that if, in the opinion of the Commission, further investigation is necessary before making a decision in the matter, the Commission shall direct the authorized officer to conduct such further investigation and forward a report of nthe investigation to the Commission together with the record of the charges framed, evidence led, the defence and other proceedings relevant to tke inquiry.
(7)The provisions of this regulation shall apply to a public officer in Job Group P or below, who has qualified for pensions benetits under the pensions legislation.[L.N. 49/2014, r. 7.]

36. Retirement on grounds of public interest

(1)If an authorized officer, after having considered every report in his possession made with regard to a public officer, is of the opinion that it is desirable, in the public interest, that the service of the public officer be terminated on grounds which cannot suitably be dealt with under any other provision of these Regulations, he shall notify the public officer, in writing, specifying the complaints by reason of which his retirement is contemplated, together with the substance of any report or part thereof that is detrimental to the public officer.
(2)If, after giving the public officer an opportunity of showing cause why he should not be retired in the public interest, the authorized officer is satisfied that the public officer should be required to retire in the public interest, he shall, in the case of any public officer, forward to the Commission the report on the case, the public officer's reply and his own comments, and the Commission shall decide whether the public officer should be required to retire in the public interest.
(3)Where a public officer is retired in the public interest, the authorized officer shall furnish the Pensions Branch of the Treasury with full details of the case.

37. Officer convicted of criminal offence

(1)If a public officer is convicted of a criminal offence which, in the opinion of the authorized officer, warrants disciplinary proceedings, the authorized officer shall, in the case of a public officer to whom regulation 33 or 35 apply, forward a copy of the charge and of the judgment and any judgment or order made on appeal or revision to the Commission for consideration, and the Commission shall decide whether the public officer should be dismissed or subjected to any of the other punishments mentioned in regulation 25.
(2)Where the public officer is one to whom regulation 34 applies, the authorized officer, after consideration of such judgement or order, may himself dismiss the public officer or subject him to any of the other punishments mentioned in regulation 25.
(3)For the purposes of this regulation, proceedings for minor offences, such as those under the Traffic Act (Cap. 403) and by-laws, may be disregarded, and disciplinary proceedings shall normally be confined to proceedings under the Penal Code (Cap. 63) and other Acts where a prison sentence may be imposed, other than in default of payment of a fine.

Part V – MISCELLANEOUS

38. Service of notices etc.

Where under these Regulations—
(a)it is necessary—
(i)to serve any notice, charge or other document upon a public officer: or
(ii)to communicate any information to any public officer having absented himself from duty; and
(b)it is not possible to effect such service upon, or communicate such information to the public officer personally,
it shall be sufficient if the notice, charge or other document, or a letter containing such information, is sent by registered post addressed to his usual or last known place of address or post office box.

40. Advance copies to the Commission

Nothing in these Regulations shall prevent a public officer from sending, directly to the Commission, an advance copy of a document which under these Regulations is required to be forwarded to the Commission through the relevant authorized officer.

41. Audit and investigation

The Commission may institute an audit or investigation of the manner in which any of the authorized officers has exercised any of the powers delegated by the Commission under these Regulations.

42. Commission may assign job groups

The Commission may, by notice in the Gazette, assign the Job Groups referred to in these Regulations to public offices in ministries or departments which do not use such Job Groups for the proper application of these Regulations to those offices.

43. Cases not covered by Regulations

Any case not covered by these Regulations shall be dealt with in accordance with such instructions as the Commission may, from time to time, issue.

44. Commission may prescribe forms

The Commission may prescribe forms for the better carrying out of the provisions of these Regulations.

45. Revocation of Regulations. Cap. 185 (Sub-Leg)

The Public Service Commission Regulations are revoked.
▲ To the top

History of this document

31 January 2020
16 May 2014 this version
15 April 2005
Commenced
Read this version