S.L. const.7 Art. 18Public Service Standing Disciplinary Panel and Disciplinary Board.

(1) There shall be a Public Service Standing

Disciplinary Panel, consisting of suitable and competent former public officers, as approved by the Head of the Public Service or his delegate.

A member of the Panel may be removed by the Commission, at its discretion, at any time.

(2) A Disciplinary Board for the purpose of regulation 17(1)(g) 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 Public Service Standing Disciplinary Panel:

Provided that where the offence is categorised as being of a minor nature, the Disciplinary Board may be composed entirely of members of the Public Service Standing Disciplinary Panel:

Provided further that in all other cases the Disciplinary Board appointed shall be chaired by a public officer who shall not be an officer performing duties within the same ministry, and shall be:

(a) not less than two (2) salary scales above that of the officer charged and not below salary scale 7;

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

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

(3) If a public officer is appointed as a member of a Disciplinary Board, he shall:

(a) not be an officer performing duties within the same ministry of the Head of Department issuing the statement of the charges; and

(b) be 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.

(4) The chairperson and members serving on the Board shall not be connected with the case of discipline or have any apparent interest in the disciplinary case, and they shall not be related up to the fourth civil degree to any party involved in the case. 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 conflict inform the Permanent Secretary, who shall nominate a substitute in accordance with sub-regulations (2) and (3), within ten (10) working days from the date he was notified of such conflict of interest.

(5) 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.

(6) If the Permanent Secretary accepts a petition under sub-regulation (5), he shall appoint a fresh Board or make appropriate changes to the Board in accordance with sub-regulations (2) and (3). The petitioning officer shall be informed accordingly.

(7) If the Permanent Secretary does not accept the petition under sub-regulation (5), 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.