S.L. const.3 ст. 17Commencement of disciplinary proceedings.        Cap. 273.

(1) Whenever it comes to the notice of a Head of

Department that an officer in his department may be guilty of misconduct or breach of discipline the following provisions shall apply:

(a) the Head of Department shall, after conducting the necessary preliminary investigations but in no case later than thirty (30) working days from the date when the alleged offence comes to his notice, or not later than ninety (90) working days from the date of the signing of a report made in terms of the Inquiries Act, prepare a written statement of charges against the officer concerned and he shall also inform the officer whether in his opinion the charge or charges constitute a minor or a serious offence and whether the offence could lead to dismissal;

(b) the officer shall be allowed ten (10) working days from the date on which the statement is delivered to him in accordance with regulation 6(5) and (6), to reply in writing to the charge or charges made against him, stating any grounds on which he relies to exculpate himself;

(c) a correction to the statement of charges may be made by the Head of Department, by means of a note in writing to the officer charged and to the disciplinary board, as the case may be, at any time during the proceedings, provided that the correction does not alter the substance of the charges;

(d) if, after considering the officer’s reply, the Head of Department is satisfied that the officer has exculpated himself, he shall so inform the officer. All the documents related to the case shall be destroyed after two (2) months from the date the officer is so informed;

(e) if the officer admits the charge or charges, the Head of Department shall communicate to the officer charged his decision on the charge or charges and the penalty, if any;

(f) if the officer does not furnish a reply within the period specified, or does not in the opinion of the Head of Department exculpate himself, the Head of Department shall, within ten (10) working days from the receipt of a reply or from the date on which such a reply was due, refer the case to a Disciplinary Board appointed under regulation 18. The letter to the Disciplinary Board shall be copied to the officer charged.

(2) Notwithstanding the provisions of sub-regulation (1) -

(a) no action shall be taken in respect of a minor offence which has occurred earlier than twelve (12) months from the time when the alleged minor offence comes to the notice of the Head of Department;

(b) where the officer charged had been given notice that the charges are serious, the Head of Department may, at any stage of the proceedings and for sufficient and justifiable reasons, decrease the categorisation of the charges from a serious offence to a minor one. In such cases, the Head of Department shall enter a note in the records of the case specifying the reasons why he had decreased the categorisation of the disciplinary charge: Provided that, where the Head of Department had given notice to the officer charged that the charges, if proved, could lead to dismissal, the implementation of any such change of decision shall require the approval of the Commission.