S.L. const.3 Art. 30Review of past recommendations. 

(1) Any person who is or has been a public officer and who had been penalized under these regulations or under the 1977

Regulations or the 1999 Regulations, following a recommendation by the Commission, may petition the Commission to review his case for the purpose of revoking or amending the recommendation which the Commission had tendered against him.

(2) The petition shall be made in writing and addressed to the Executive Secretary of the Commission who shall acknowledge the receipt of the petition.

(3) The Commission shall thereupon send a copy of the petition to the Prime Minister for any comments he may wish to make within one month from the receipt of that copy. On the expiration of that time, the Commission shall thereupon proceed to examine the petition.

(4) The Commission may allow a review of the case if -

(a) in its discretion, it is satisfied that there was a prima facie case of gross disregard of the disciplinary regulations or a serious miscarriage of justice resulting in a violation of natural justice or fundamental rights; or

(b) the case arose from a criminal conviction which was subsequently annulled or discontinued by a decision of a higher court.

(5) The Commission shall not consider a petition under this regulation if -

(a) the petitioner had already made a similar request which was rejected on the merits of the case; or

(b) the recommendation which is subject of the petition was made by the Commission following an appeal in a case decided under the authority of a Head of Department; or

(c) the past recommendation is dated over ten (10) years before the date of the petition for review.

(6) In its consideration of a petition under this regulation the Commission may, at its sole discretion, give the petitioner the opportunity to make oral representations, and may also seek the views of the respective Head of Department in writing or orally.

(7) The Commission shall not allow any new evidence to be produced in connection with a petition under this regulation unless it is satisfied that such evidence was unknown or could not be produced when the petitioner’s case was first heard.

(8) Having considered a petition under this regulation, the Commission shall decide whether its original recommendation should be confirmed, amended or revoked, and it shall make a recommendation to the Prime Minister accordingly.

(9) Upon approval of its recommendation the Commission shall inform the petitioner of the outcome of the petition.

Part IX - Removal from Office