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Should these
while such enquiries take place (Code paragraph 7). preliminary inquiries disclose grounds for suspicion that a criminal offence may have been committed the procedure described in paragraph 12-14 below should be followed.
FORMAL DISCIPLINARY PROCEDURES
4.
Code paragraph 5(a) should be interpreted to mean that when a formal disciplinary charge is based upon documentary evidence
eg a form allegedly filled in by the accused officer) he should be given access to all of that evidence or supplied with copies. This applies only to evidence on which the department relies as the basis of its case against the officer and does not imply a general right of accused officers to see their personal files.
5.
If there is a hearing, the officer or officers conducting it should normally be at least 2 grades above the officer charged and should not include the officer's immediate line manager. Subject to this requirement, in the case of a department with large provincial staffs, a case need not necessarily be heard by an officer from headquarters.
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6. Although normal disciplinary standards apply to civil servants who are trade union representatives, normally no disciplinary penalty other than an oral reprimand (see Code paragraph 4) should be imposed on a trade union representative until the circumstances of the case have been discussed with a senior trade union representative or full time official. Care should be taken that a disciplinary penalty is not seen as an attack on the union's
functions.
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CONSIDERATIONS RELATING TO DISMISSAL
.7.
「་,
Should a department contemplate dismissal it should be borne in mind that, under the provisions of the Employment Protection (Consolidation) Act 1978, a civil servant who has been continuously
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