TNAG-0833-FCO40-1041-Colonial-Regulations-in-the-Dependent-Territories-1979 — Page 34

Section K. Conduct and Discipline

b. DISCIPLINARY PROCEDURE

K b 1-5

1. General. Under the constitution of the National Whitley Council, the Staff Side may properly make representations on procedural matters and on general principles underlying disciplinary action. The Staff Side are not, however, entitled to discuss or negotiate on in- dividual cases as such. This is because discipline is a managerial function, not a negotiable condition of service (but see paragraph 7 (d).)

2. Discipline is a matter for the head of the department and derives from two responsibilities. First is the general responsibility to Parliament, and second is the responsibility of the Accounting Officer to the Public Accounts Committee. It follows that heads of departments must have disciplinary powers over the agents employed under them, for unless they have the powers to admonish, reprimand, penalise, and in the last resort dismiss those agents, they cannot in any real sense be responsible for the conduct of business in their departments. On occasion, where there is a conflict of evidence, or where the case is unusually complex, depart- ments may find it expedient to set up a small departmental board to advise the head of the department. The boards' functions should be confined to ascertaining the facts, sifting the evidence, and reporting its conclusions to the head of the department, but the decision as to the appropriate penalty rests with the head of the department, although the board might advise what the penalty should be.

3. The treatment of offences, particularly of offences against good order and discipline which are not criminal offences, will be affected both by the circumstances of the department and by the circumstances of the particular case, including the officer's record. There is no rigid code automatically assigning particular penalties to particular offences. Minor offences will properly be dealt with by the immediate superior officer on the spot by oral reprimand; frequent repetition of a minor offence or offences may become a serious matter and may call for a heavier penalty.

4. The disciplinary penalties which are available to heads of departments are as follows:

(a) formal reprimand;

(b) stoppage of future increment, or forfeiture of an increment or increments already earned; (c) monetary payments, either by way of fine, or by way of restitution (in whole or in part)

of loss or damage caused by the offender;

(d) disciplinary transfer to another locality, in which case the offender may be required to

meet his own removal expenses;

(e) suspension with loss of pay;

(f) down-grading, including removal from a post attracting additional pay or allowances; (g) retirement with an abated pension (this applies when the offender is already over the minimum age of retirement, or is dealt with under Section 9 of the Superannuation Act, 1965);

(h) dismissal without pension or gratuity.

5. Procedure in serious disciplinary cases. It is essential that a clear distinction should be drawn between charges which may lead to criminal proceedings and charges which, although so serious that they may lead to the dismissal of the offender, are not of a criminal nature. În any case where it appears that a criminal offence may have been committed it is important that departments should seek early advice from their own prosecuting staff, where available, or from the Director of Public Prosecutions. Other cases should be investigated and provided no evidence is forthcoming during the investigation that a criminal offence may have been committed they should be dealt with on a disciplinary basis. If there is any doubt about a possible criminal offence, the police or Director of Public Prosecutions should be consulted immediately. The Director of Public Prosecutions is ready to give informal advice if requested, but, under Regulation 1(b) of the Prosecution of Offences Regulations, 1946 (SR and O No. 1467/1946) he has a duty to institute criminal proceedings in any case referred to him by a Government Department in which he considers it right to do so.

Estacode Vol. 2[Amendment No. 501, August, 1969

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