S.L. const.3 Art. 25Disciplinary proceedings when disciplinary powers have not been delegated.

Where disciplinary control has not been delegated to a

Head of Department or another officer or authority in accordance with article 110 of the Constitution, or where delegated powers have been withdrawn, the following provisions and procedures shall apply:

(a) whenever it comes to the knowledge of a Head of Department that an officer in his department may be guilty of misconduct, the provisions of regulation 17(1)(a) and (b) shall apply;

(b) if the officer charged admits to the charge or charges before the Disciplinary Board begins to hear the case, the Head of Department shall, as early as possible and in any case not later than ten (10) working days therefrom, refer the case to the Commission, which shall make its recommendation to the Prime Minister as to the penalty, if any, to be imposed;

(c) if the officer charged does not admit to the charge or charges or does not furnish a reply within ten (10) working days, the Head of Department shall, within twenty (20) working days from the receipt of the reply or from the date on which such a reply was due, refer the case to a Disciplinary Board appointed in terms of regulation 18;

(d) before the Disciplinary Board communicates its findings to the Head of Department, to the officer charged and to the Commission, it shall ensure that its conclusions are verbally communicated to the parties at a final session held for the purpose;

(e) the Head of Department and the officer charged may, within ten (10) working days starting from the day after the findings of the Board are communicated to them, make an appeal to the Commission with respect to such findings, or ask for an opportunity to make oral representations: Provided that, if the officer charged is liable to dismissal as a result of the charges, and the Disciplinary Board has found him guilty of any of the charges, the Commission shall appoint a date for a hearing during which the officer charged and the Head of Department and their representatives, may make oral representations;

(f) after considering the findings of the Board and any 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, if any. Part VII - Offences and Penalties