S.L. const.3 Art. 18Standing DisciplinaryPanels and Disciplinary Boards. 

(1) The Permanent Secretary of each Ministry shall, subject to the approval of the Commission, establish a Standing

Disciplinary Panel consisting of suitable and competent former public officers.

(2) Members of the Standing Disciplinary Panel of a ministry shall serve thereon for a period of twenty-four (24) months. Subject DISCIPLINARY to the Commission’s approval, members may serve for further terms of twenty-four (24) months in other Ministries:

Provided that any previous or concurrent service with the Standing Disciplinary Panel of a particular ministry shall not be taken into consideration for the purpose of this sub-regulation in the event that a person is nominated to the Standing Disciplinary Panel of another ministry:

Provided further that a member of the Panel of any ministry may be removed by the Commission, at its discretion, at any time.

(3) A Disciplinary Board for the purpose of regulation 17(1)(f) 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 Standing Disciplinary Panel of the relevant ministry: Provided that the Disciplinary Board appointed shall be chaired by a public officer who shall be:

(a) an officer performing duties within the same ministry but, in any case, who does not fall under the responsibility of the Head of Department issuing charges against the officer;

(b) not less than two (2) salary scales above that of the officer charged and not below salary scale 10;

(c) in salary scale 5 or higher if it is specified in the statement of charges that if proved, the charges may lead to dismissal;

(d) in a salary scale not below that of the officer charged whenever the officer charged is in salary scale 3 or higher.

(4) If a public officer is appointed as a member of the disciplinary board, he shall be:

(a) an officer performing duties within the same ministry but, in any case, who does not fall under the responsibility of the Head of Department issuing charges against the officer; and

(b) 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.

(5) Where no officers within the respective ministry satisfy the criteria of sub-regulations (3) and (4), the Permanent Secretary responsible for the same ministry shall seek the assistance of the Head of the Public Service, or any other officer acting on his behalf, in appointing a disciplinary board.

(6) The Chairperson and members serving on the Board shall not be connected with the case of discipline and they shall not be related up to the third degree to the officer charged. 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 conflicting form the Permanent Secretary, who shall nominate a substitute in keeping with sub-regulations (3) and (4), within ten (10) working days from the date he was notified of such conflict of interest.

(7) 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.

(8) If the Permanent Secretary accepts a petition under sub-regulation (7), he shall appoint a fresh Board or make appropriate changes to the Board in keeping with sub-regulations (3) and (4). The petitioning officer shall be informed accordingly.

(9) If the Permanent Secretary does not accept the petition under sub-regulation (7), 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.