S.L. const.7 Art. 23Decisions and appealspursuantto 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:

(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 on which he received such representations, 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 during the course of the proceedings 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 or the Head of the Public Service, as the case may be, both as to the guilt or otherwise of the officer charged and as to the penalty imposed, if any.

(3) (a) Without prejudice to sub-regulations (1) and (2), whenever an officer is found guilty of an offence that is not considered of a serious nature that may lead to dismissal, and the Head of Department considers that it would be in the best interest of the officer if he is offered the opportunity to rehabilitate himself, preferably through an entity set up by Government to assist public officers experiencing personal, emotional or behavioural problems, he shall decide on the penalty, if any, to be imposed, in terms of sub-regulation (1), but shall refrain from informing the officer accordingly. If the officer agrees to seek professional support within ten (10) working days, the penalty shall be held in abeyance until successful completion of the programme. The Head of Department shall be informed of the progress being made by the officer, and for such purposes, a report shall be provided by the entity concerned. The Head of Department shall then decide as to whether the penalty shall be put in effect or otherwise;

(b) where the officer had been informed that the charges, if proved, could lead to his dismissal, the Commission shall proceed in accordance with sub-regulation (2)(c). If the Commission, considers that it would be in the best interest of the officer if he is offered the opportunity to rehabilitate himself, preferably through an entity set up by Government to assist public officers experiencing personal, emotional or behavioural problems, and the officer agrees to seek such professional support within ten (10) working days, the Commission shall decide on the penalty, if any, to be recommended to be imposed but shall refrain from making its recommendation to the Prime Minister or the Head of the Public service, as the case may be, in terms of sub-regulation (2)(d).The recommendation shall be held in abeyance until the successful completion of the rehabilitation programme. The Head of Department shall keep the Commission informed of the progress being made by the officer, and for such purposes, a report shall be provided by the entity concerned. The Commission shall then decide as to whether the penalty shall be put in effect or otherwise.

(4) In any case, if an officer refuses to seek professional assistance, or does not successfully complete a rehabilitation programme, the penalty originally decided upon by the Head of Department or the Commission, as applicable, shall be imposed.

(5) Whenever the officer has been suspended for precautionary purposes, the Commission may make its recommendation to the Prime Minister or the Head of the Public Service, as the case may be, for the precautionary suspension to be lifted, without prejudice to the forfeiture of the salary withheld during the period under suspension.