2
4.
(a)
(b)
to institute disciplinary action and to award punishment other than dismissal under CRS 56, 57 and 58; and
to summarily dismiss under CR 57 (3) an officer for abscondment.
MPS Point 14 is chosen as the demarcation of authority between Departments and CSB for Category A officers because this is in line with the existing delegation of authority to Heads of Departments for the award of punishment in respect of Category B officers. Officers below MPS Point 14 are relatively junior in the Government hierarchy and the Heads of Department are in a better position than CSB to consider and award punishment.
5.
Upon implementation of the above proposals, Heads of Departments will be responsible for taking disciplinary actions and seeking the advice of the Public Service Commission (PSC) direct on the award of punishment in accordance with CR 65.
Dismissal
6.
We propose that dismissal cases (other than summary dismissal under CR 57(3)) should be referred to the Secretary for the Civil Service for award of punishment after the disciplinary proceedings have been completed and PSC's advice has been sought on the proposed punishment. This is because following the implementation of the New Pension Scheme on 1.7.87, pension has been made a right of a civil servant. Dismissal under CRS 57 and 58, being the most serious punishment which forfeits an officer's right to his pension and other benefits, should be exercised with extreme caution. However, there is no need, to call upon the Governor to make decisions regarding dismissal of junior officers i.e. officers below MPS Point 14. We therefore propose that the authority of dismissal (as provided in CR 54 (5)) should be delegated from the Governor to the Secretary for the Civil Service.
7.
In the case of summary dismissal under CR 57(3) i.e. abscondment cases, we propose that Heads of Department should be delegated with the power of dismissal. Abscondment cases are straight-forward and Department are in the best position to deal
Heads of
with such cases.
/....