S.L. const.7 ст. 33Procedure followed when officer leaves the service while disciplinary proceedings are still pending.

(1) When an officer who is undergoing disciplinary proceedings ceases to be a public officer before such proceedings are concluded, the Head of Department shall ask the officer charged to state, in writing, within ten (10) working days, whether he wishes that the disciplinary proceedings be continued in order that he may have the opportunity to exculpate himself, or whether he wishes that the disciplinary proceedings be suspended.

(2) If the officer opts to continue with the proceedings and he is eventually found guilty, no penalty shall be imposed, but a record of the findings of the Disciplinary Board shall be entered in the officer’s record of service.

(3) If the officer opts to have the case suspended, he shall confirm this in writing and a record shall be entered in his record of service stating that at the time of his leaving the service, the officer had a pending disciplinary case.

(4) If the officer does not, within the stipulated time, state what his preferred option is, the case shall be suspended and a note entered in his record of service stating that at the time of his leaving the service, the officer had a pending disciplinary case.

(5) Should a person who had been found guilty in accordance with sub-regulation (2) rejoin the public service, whether in the same or in a different capacity, the Head of Department now responsible for the officer shall, within three (3) months of the officer rejoining the service, decide as to whether or not disciplinary proceedings should be resumed with a view to the imposition of the appropriate disciplinary penalty; and if the Head of Department decides that proceedings should be resumed, he shall proceed in accordance with regulation 23 or such other provision of these regulations as may apply.

(6) Should a person who has a suspended disciplinary case in terms of sub-regulations (3) or (4) subsequently rejoin the service, whether in the same or a different capacity, the Head of Department now responsible for the officer shall, within three (3) months of the officer rejoining the service, decide as to whether or not disciplinary proceedings should be resumed; and if the Head of Department decides to resume proceedings such proceedings shall resume from the stage they had reached prior to their being discontinued, save that:

(a) any applicable timeframes shall be deemed to start from the date that the Head of Department informs the officer in writing of his decision that the proceedings should be resumed; and

(b) unless the Disciplinary Board had presented its report in the original proceedings, a Disciplinary Board to hear the case according to the charges laid against the officer in the original proceedings shall be appointed in terms of regulation 18.