S.L. const.3 Art. 23Decisions and appeals pursuant to the Disciplinary Board report. 

(1) After the findings of the Board are communicated to the Head of Department and to the officer charged, the following procedure shall apply in all cases, except where the Head of

Department had given notice to the officer charged that the charges, if proved, could lead to dismissal: DISCIPLINARY

(a) the officer charged may make written representations or ask for an appointment to make oral representations to the Head of Department, within ten (10) working days from the date on which the findings of the Board are communicated to him, and such representations shall clearly state the grounds on which they are based;

(b) the Head of Department shall consider the recommendation of the Disciplinary Board with regard to the penalty to be imposed, if any, and any representations made to him by the officer charged and shall, by not later than ten (10) working days from the date such representations reach him, communicate to the officer his decision on the charge or charges, whether he accepts the Board’s findings, and on the penalty, if any, that he has imposed;

(c) whenever an officer admits a charge or fails to make any representations to the Head of Department within the period specified in paragraph (a), the Head of Department shall consider the recommendation of the Board with regard to the penalty, and communicate to the officer charged, by not later than ten (10) working days, his decision on the findings of the Board and the penalty imposed, if any: Provided that whenever the Head of Department is not in agreement with the recommendation of the Board with regard to the penalty, the Head of Department shall enter a note in the records of the case specifying the reasons for such disagreement.

(d) whenever it results from the findings of the Board that the offence, contrary to what was originally stated by the Head of Department, was not of a serious nature, the Disciplinary Board may recommend a lesser penalty than that applicable for serious offences, provided that in such cases the Head of Department shall enter a note in the records of the case specifying the reasons why he accepted the findings of the Board and consequently awarded a lesser penalty.

(2) In the case of an offence where the Head of Department had given notice to the officer charged that the charges, if proved, could lead to dismissal, the following procedure shall apply:

(a) the Head of Department shall, within five (5) working days from receipt of the Board’s report send a copy to the Commission, along with a statement as to whether or not he agrees with the report and including the reasons which led him to agree or disagree with the report;

(b) if after considering the report of the Board and the circumstances of the case, the Head of Department is of the view that it warrants a lesser penalty than dismissal, he shall enclose with the report his recommendation to the Commission in terms of paragraph (a);

(c) in giving consideration to the Board’s findings and opinion, and to any submissions made by the Head of Department in terms of the foregoing, the Commission shall give the officer charged the opportunity to submit written representations. The Commission may give an opportunity to the officer charged and to the Head of Department to make oral representations;

(d) after considering the findings of the Board and the representations made to it, the Commission shall make its recommendation to the Prime Minister both as to the guilt or otherwise of the officer charged and as to the penalty imposed, if any.