Civil Service Regulation Act, 1956

Disciplinary measures.

15.—(1) (a) Where, in the opinion of the appropriate authority, a civil servant has, in relation to his official duties, been guilty of misconduct, irregularity, neglect or unsatisfactory behaviour, but a loss of public moneys or public funds has not resulted therefrom, the appropriate authority may, subject to subsection (5) of this section, do either or both of the following things—

(i) place the civil servant on a lower rate of remuneration,

(ii) reduce the civil servant to a specified lower grade or rank.

(b) Where the rate of remuneration of a civil servant (in this paragraph referred to as his original rate) has been reduced by reason of his being placed, under paragraph (a) of this subsection, on a lower rate (in this paragraph referred to as his reduced rate)—

(i) the appropriate authority may subsequently either, as he thinks fit, place him on his original rate or on a rate of remuneration between his original rate and his reduced rate,

(ii) if the appropriate authority places him, under subparagraph (i) of this paragraph, on a rate of remuneration between his original rate and his reduced rate, he may subsequently place him on his original rate.

(c) Where a civil servant is reduced to a lower grade or rank in pursuance of paragraph (a) of this subsection, the appropriate authority may subsequently re-appoint him to his original grade or rank.

(2) (a) Where, in the opinion of the appropriate authority, a civil servant has, in relation to his official duties, been guilty of misconduct, irregularity, neglect or unsatisfactory behaviour and a loss of public moneys or public funds has resulted therefrom and the case is not one which, in accordance with arrangements made under subsection (2) of section 17, is to be referred to the Minister, the appropriate authority may, subject to subsection (5) of this section,

(i) place the civil servant on a lower rate of remuneration, or

(ii) reduce the civil servant to a specified lower grade or rank, or

(iii) place the civil servant on a lower rate of remuneration and also reduce him to a specified lower grade or rank.

(b) Where the rate of remuneration of a civil servant (in this paragraph referred to as his original rate) has been reduced by reason of his being placed, under paragraph (a) of this subsection, on a lower rate (in this paragraph referred to as his reduced rate)—

(i) the appropriate authority may subsequently either, as he thinks fit, place him on his original rate or on a rate of remuneration between his original rate and his reduced rate,

(ii) if the appropriate authority places him, under subparagraph (i) of this paragraph, on a rate of remuneration between his original rate and his reduced rate, he may subsequently place him on his original rate.

(c) Where a civil servant is reduced to a lower grade or rank in pursuance of paragraph (a) of this subsection, the appropriate authority may subsequently re-appoint him to his original grade or rank.

(3) (a) Where, in the opinion of the Minister, a civil servant has, in relation to his official duties, been guilty of misconduct, irregularity, neglect or unsatisfactory behaviour and a loss of public moneys or public funds has resulted therefrom and the case is one which in accordance with arrangements made under subsection (2) of section 17 is to be referred to the Minister, the appropriate authority shall, subject to subsection (5) of this section, refer the case to the Minister and, if the Minister so directs and as may be so directed, shall—

(i) place the civil servant on a lower rate of remuneration, or

(ii) reduce the civil servant to a specified lower grade or rank, or

(iii) place the civil servant on a lower rate of remuneration and also reduce him to a specified lower grade or rank.

(b) Where the rate of remuneration of a civil servant (in this paragraph referred to as his original rate) has been reduced by reason of his being placed, under paragraph (a) of this subsection, on a lower rate (in this paragraph referred to as his reduced rate)—

(i) the appropriate authority may, with the consent of the Minister, subsequently either, as he thinks fit, place him on his original rate or on a rate of remuneration between his original rate and his reduced rate,

(ii) if the appropriate authority places him, under subparagraph (i) of this paragraph, on a rate of remuneration between his original rate and his reduced rate, he may subsequently, with the consent of the Minister, place him on his original rate.

(c) Where a civil servant is reduced to a lower grade or rank in pursuance of paragraph (a) of this subsection, the appropriate authority may, with the consent of the Minister, subsequently re-appoint him to his original grade or rank.

(4) If any question arises under paragraph (a) of subsection (1) of this section or paragraph (a) of subsection (2) of this section or paragraph (a) of subsection (3) of this section as to whether a particular grade or rank is a lower grade or rank, the question shall be determined by the Minister.

(5) The civil servant concerned shall, before any action is taken under paragraph (a) of subsection (1) of this section or paragraph (a) of subsection (2) of this section or a reference is made to the Minister under paragraph (a) of subsection (3) of this section, be afforded an opportunity of making to the appropriate authority any representations he may wish to offer.

(6) The preceding subsections of this section do not apply to a civil servant holding a position to which he was appointed by the Government.