S.L. const.3 · sl/const.3 (S.L. const.3)
S.L. const.3 Art. 27Appeals from disciplinary decisions.
(1) A public officer shall have a right of appeal to the
Commission in accordance with this regulation against a finding of guilt and any corresponding penalty imposed by the Head of
Department under regulation 17, or where the officer can prove that there has been a gross disregard of the procedures laid down in these regulations and such disregard had prejudiced his interests.
(2) Notice of appeal under sub-regulation (1), setting out the grounds of the appeal, shall be communicated, in writing, to the Executive Secretary of the Commission by not later than ten (10) working days from the date on which the decision was notified to the officer concerned. A copy of the notice of appeal shall concurrently be sent by the officer to the Head of Department.
(3) On receiving a copy of a notice of appeal, the Head of Department shall, by not later than five (5) working days, transmit to the Commission the relevant documentation relating to the case, including the report of the disciplinary Board.
(4) The Executive Secretary of the Commission shall acknowledge the receipt of the notice of appeal made under this regulation and any appeal received after the time period of ten (10) working days established in sub-regulation (2) shall not be considered by the Commission.
(5) If the Commission is of the opinion that the appeal merits consideration in terms of sub-regulation (1), it shall give an opportunity to the officer charged and to the Head of Department to make oral representations; but the Commission shall otherwise regulate its own procedure in dealing with the appeal, subject to the applicable provisions of these regulations.
(6) The Commission, after considering the grounds for appeal, the record of the proceedings, and any oral representations, shall proceed to recommend to the Prime Minister either that he should confirm or revoke the decision of guilt of the appellant and the penalty imposed, or that, he should amend the penalty imposed.
(7) Upon approval of its recommendation, the Commission shall inform the appellant of the outcome of the appeal.
(8) Nothing in this regulation shall prevent the Commission, either before the hearing or at any time during the hearing of an appeal, from summarily dismissing or disallowing an appeal DISCIPLINARY without hearing it or without hearing it any further as the case may be, on the grounds that an appeal is frivolous or vexatious or one that should not otherwise have been brought or made.
Änderungsgeschichte
- Amended by L.N. 383 of 2021