These Regulations may be cited as the Public Service Commission Regulations, 2005.

These Regulations shall apply to all public offices to which the Commission's constitutional powers and functions as set out in section 107 of the Constitution apply, other than offices in the Kenya Police Force, the Kenya Prisons Service and local authorities.

In these Regulations, unless the context otherwise requires—

and includes any other public officer appointed by the Commission to be an authorized officer for the purposes of these Regulations;

Nothing in these Regulations empowering an authorized officer or any other person to perform any function vested in the Commission shall preclude the Commission from itself performing that function in any particular case.

The Commission may require any public officer to attend and give information before it concerning any matter which it is required to consider in exercise of its functions.

The Commission may require the production of any official document relevant to any exercise of its functions, and any public officer who submits any matter for the consideration of the Commission shall ensure that all relevant documents and papers are made available to the Commission.

Any public officer who without reasonable excuse fails to appear before the Commission when notified to do so, or who fails to comply with any request lawfully and properly made by the Commission, shall be guilty of a breach of discipline and the Commission may direct the person responsible for initiating disciplinary proceedings against such public officer that disciplinary proceedings should be instituted against him.

Notwithstanding paragraphs (1), (2) and (3), a public officer may withhold information on any matter or production of an official document when directed by the President in writing to do so.

An authorized officer exercising the powers conferred on him by this regulation shall act in accordance with these Regulations and any other regulations which may be in force, as appropriate.

A public officer affected by the decision of the authorized officer under this regulation may, through the authorized officer, appeal to the Commission within fourty-two days from the date of receiving the decision appealed against.

Notwithstanding the provisions of this regulation, the Commission may, when necessary, institute an enquiry to determine whether or not the powers delegated under this regulation have been properly exercised by the authorized officer.

Where the authorized officer is not conferred with the delegated powers of appointment under regulation 9 and a vacancy occurs or it is known that a vacancy will occur, the authorized officer shall notify the Commission and the Commission shall take the appropriate steps to fill that vacancy.

Subject to paragraph (2), applications for appointment to vacancies shall be invited by public advertisement in such manner as the Commission may determine.

Where, in the opinion of the Commission, it would be likely to find a public officer in some ministry or department or public body other than that in which the vacancy occurs, it may invite applications from serving public officers.

Where an authorized officer is conferred with the delegated powers of appointment, the authorized officer shall exercise such powers in the manner determined by the Commission under paragraph (1).

In selecting candidates for appointment, promotion and transfer, the Commission shall have regard to the efficiency of the public service and, in considering the claims of public officers for promotion, merit and ability shall be taken into account as well as seniority, experience and official qualifications; and as between public officers of equal official qualifications, proved merit and suitability for the vacancy in question, shall be given greater weight than seniority.

Recommendations made to the Commission for promotion shall state whether the person recommended is the senior public officer in the department or grade eligible for promotion and, where this is not the case, detailed reasons shall be given in respect of each person in that same department or grade over whom it is proposed that the person recommended should be promoted and the Commission shall a decision.

The provisions of paragraph(1) shall, with the necessary modifications, apply to an authorized officer exercising delegated powers of appointment, promotion or transfer under these Regulations.

The authorized officer shall not recommend the extension or termination of an appointment under subparagraph (b) or subparagraph (c) of paragraph (1) unless he has first, by letter, informed the public officer of his intention and of the right of the public officer to make representations thereon within a period to be specified in such letter and required the public officer to acknowledge receipt of such letter in writing within that period; the authorized officer shall attach copies of all such correspondence to his recommendation.

Notwithstanding paragraph (1) but subject to paragraph (2), the authorized officer may, at any time, recommend to the Commission that a probationary appointment be terminated.

Where it is desired to transfer a public officer in Job Group "M" or above from his present office to another office of different designation but of similar grading, either in his own or in another ministry or department, the authorized officers concerned shall forward their recommendations and comments to the Commission, which shall decide whether thetransfer s hould be approved.

Subject to regulation 9(1)(c), where a public officer is serving on a written contract and is willing to engage for a further term of service, the authorized officer shall notify the Commission of the date when such contract will expire, and his recommendation whether it should be renewed or not.

So far as is practicable, every notification under paragraph (4) shall be forwarded to the Commission in sufficient time to enable the Commission to give its decision not less than three months before the public officer's contract is due to expire.

If it appears to an authorized officer that there is reason why a pensionable public officer should be called upon to retire from the public service on the grounds that he has reached the age at which he can lawfully be required to retire from the public service under the pensions legislation, the authorized officer shall advise the public officer that his compulsory retirement is under consideration and ask if he wishes to make any representations thereon.

The authorized officer shall forward such representations, if any, together with his own observations to the Commission, and the Commission shall decide whether the public officer should be called upon to retire.

On being advised of the decision of the Commission, the authorized officer shall notify the public officer and, if the public officer is to be retired, he shall notify the Pensions Branch of the Treasury.

A public officer whose compulsory retirement is under consideration under this regulation may, where possible, be given the option to retire voluntarily provided that the reasons for requiring his retirement do not involve disciplinary action.

Where it appears to an authorized officer that a public officer is incapable by reason of any infirmity of mind or body of discharging the functions of his public office, he may (and shall if the public officer so requests) call upon the public officer to present himself before a medical board (which shall be appointed by the Director of Medical Services) with a view to it being ascertained whether or not the public officer is incapable as aforesaid.

After the public officer has been examined, the Director of Medical Services shall forward the medical board's proceedings, together with his comments thereon, to the authorized officer, who in turn shall forward them, together with any representations which the public officer desires to make and his own recommendation, to the Commission.

Unless the Commission considers that further inquiry is necessary, in which case it shall issue directions to the authorized officer accordingly, it shall decide forthwith whether the public officer should be called upon to retire on the grounds of ill health.

On being advised of the decision of the Commission, the authorized officer shall notify the public officer and, if the public officer is to be retired on the grounds of ill health, he shall notify the Pensions Branch of the Treasury.

The authorized officer shall forward the representations, if any, together with his own observations thereon to the Commission, and the Commission shall decide whether the public officer should remain in the office he holds in the public service or should be transferred or seconded to another department or ministry, or the officer should be retired on abolition of office or on reorganization of Government for greater efficiency or economy.

On being advised of the decision of the Commission, the authorized officer shall notify the public officer and, if the public officer is to be retired, he shall prepare and forward the officer's pensions claims to the Pensions Branch of the Treasury.

The provisions of this regulation shall not apply to any public officer who has reached the age at which he can lawfully be required to retire from the public service under the pensions legislation in accordance with regulation 18.

Any public officer dissatisfied with the decision of the Commission under this regulation may, in writing through his authorized officer, seek a review of the decision within fourty-two days from the date of receiving the communication of the Commission's decision:

Provided the Commission may entertain a request for a review of the decision out of time if the circumstances warrant it.

Any authorized officer exercising the powers conferred on him by this regulation shall act in accordance with these Regulations and any other relevant provisions of the law for the time being in force.

If in any case an authorized officer is satisfied that the public interest requires that a public officer should cease forthwith to exercise the powers and functions of his public office, he may interdict the public officer from the exercise of those powers and functions provided proceedings which may lead to his dismissal are being taken or are about to be taken or that criminal proceedings are being instituted against him.

A public officer who is interdicted shall receive such salary, not being less than half his salary, as the authorized officer shall think fit.

Where disciplinary or criminal proceedings have been taken or instituted against a public officer under interdiction and such public officer is neither dismissed nor otherwise punished under these Regulations, the whole of any salary withheld under paragraph (2) shall be restored to him upon the termination of such proceedings.

If any punishment other than dismissal is inflicted, the public officer may be refunded such proportion of the salary withheld as a result of his interdiction, as the Commission shall decide.

A public officer who is under interdiction may not leave his station without the permission of the authorized officer or of any public officer who is empowered to give such permission on behalf of the authorized officer.

For the purpose of this regulation and regulation 24, "salary" means basic salary and, where applicable, includes inducement or overseas allowance.

Where a public officer has been convicted of a serious criminal offence, other than such as are referred to in regulation 37 (3), an authorized officer may suspend the public officer from the exercise of the functions of his public office pending consideration of his case under these Regulations.

An authorized officer may suspend from the exercise of the functions of his public office, a public officer against whom proceedings for dismissal have been taken if, as the result of those proceedings, he considers that the public officer ought to be dismissed.

While a public officer is suspended from the exercise of the functions of his public office under this regulation, he shall not be entitled to any salary:

Provided that the authorized officer may, if he thinks fit, direct that any suspended public officer shall be granted an alimentary allowance in such amount and on such terms as he may determine.

A public officer who is suspended may not leave his station without the permission of the authorized officer or of any public officer who is empowered to give such permission on behalf of the authorized officer.

Nothing in this regulation shall limit the powers conferred by these Regulations to require a public officer to retire from the public service on the grounds of public interest.

No punishment shall be inflicted on any public officer which would be contrary to any law.

An authorized officer exercising the powers conferred on him by this regulation shall act in accordance with regulation 32.

All acts of misconduct by public officers shall be dealt with under this Part as soon as possible after the time of their occurrence.

Where, in any case which comes to the attention of the Commission, the Commission is of the opinion that disciplinary proceedings should be instituted against a public officer, the Commission shall, notwithstanding any other provisions of these Regulations, direct the authorized officer to initiate such proceedings.

Subject to section 13 of the Order, an appeal by a public officer shall lie to the Commission, through the authorized officer concerned against an order made in accordance with this Part in relation to that public officer in disciplinary proceedings involving any of the punishments as mentioned in regulations 25 and 26 except that no appeal shall be entertained in any case unless it is received within forty-two days of the date upon which the decision is addressed to the public officer:

Provided that the Commission may entertain an appeal out of time if, in the opinion of the Commission, the circumstances warrant it.

The Commission shall entertain an appeal only once in respect of each case.

A public officer may, within one year of the date upon which any decision of the Commission under this part is addressed to the public officer, apply for review and the application may be admitted if the Commission is satisfied that there appear in the application new and material facts which might have affected a former decision, and if adequate reasons for the non-disclosure of such facts at an earlier date are given, or, there is an error apparent on record of the earlier decision.

An application to review a decision of the Commission made on review shall not be allowed.

Notwithstanding the right of appeal or the right to apply for review conferred on a public officer by this regulation, disciplinary action shall not be deferred or suspended pending the determination of the appeal or the application for review.

Where an authorized officer considers it necessary to institute disciplinary proceedings against a public officer to whom this regulation applies on the ground of misconduct which, if proved, would, in his opinion, justify any of the punishments in regulation 25 (1), he shall, after such preliminary investigation and consultation as to the terms of the charge or charges as he considers necessary, forward to the public officer a statement of the charge or charges framed against him together with a brief statement of the allegations, in so far as they are not clear from - the charges themselves, on which each charge is based, and shall invite the public officer to state in writing, should he so desire, before a day to be specified, any grounds on which he relies to exculpate himself.

If the public officer does not furnish a reply to a charge or charges forwarded under paragraph (1) within the period specified, or if in the opinion of the authorized officer he fails to exculpate himself, the authorized officer shall forward to the Commission copies of the statement of the charge, or charges, the reply, if any, of the public officer and the authorized officer's comments thereon.

If, on consideration of the statement of the charge or charges, the reply, if any, of the public officer, and the comments of the authorized officer, the Commission is of the opinion that no further investigation is necessary, it shall forthwith decide on the punishment, if any, which should be inflicted on the public officer, or whether he should be retired in the public interest.

If the Commission, on consideration of the submissions by the authorized officer, is of the opinion that the matters should be further investigated, it shall direct the authorized officer to conduct such further investigation.

Any investigation carried out under this regulation shall be undertaken by public officers senior to the accused public officer, who have not, directly or indirectly, dealt with the case before.

If, during the course of the investigation, the grounds for the framing of additional charges are disclosed, the authorized officer shall follow the same procedure as was adopted in framing the original charges.

The Commission, after consideration of the report, shall, if it is of the opinion that the report should be amplified in any way or that further investigation is desirable, refer the matter back to the authorized officer who shall conduct the investigation for a further report.

The Commission shall decide on the punishment, if any, which should be inflicted on the public officer, or whether he should be retired in the public interest.

The provisions of this regulation shall appily to a public officer in Job Group M or above above

Where an authorized officer considers it necessary to institute disciplinary proceedings against a public officer to whom this regulation applies on the ground of misconduct which, if proved, in his opinion, justify any of the punishments mentioned in regulation 25 (1), he shall after such preliminary investigation as he considers necessary, forward to the public officer a statement of the charge or charges against him with brief allegations, in so far as they are not clear from the charges themselves, on which each charge is based.

If the public officer does not furnish a reply to a charge or charges forwarded under paragraph (1) within the period specified, or, if in the opinion of the authorized officer, he fails to exculpate himself, and the authorized officer is of the opinion that no further investigation is necessary, the authorized officer shall forthwith decide on the punishment, which should be inflicted on the public officer.

If the authorized officer, on consideration of the charge or charges against the public officer, the public officer's reply and the grounds, if any, on which the public officer relies to exculpate himself, is of the opinion that the matter should be further investigated, the authorized officer shall conduct such further investigation.

Any investigation carried out under this regulation shall be undertaken by public officers senior to the accused public officer, who have not, directly or indirectly, dealt with the case before.

The authorized officer shall decide on the punishment, if any, which should be inflicted on the public officer.

The provisions of this regulation shall apply to a public officer in Job Group "L" or below, who has not qualified for pensions benefits under the pensions legislation.

Where an authorized officer considers it necessary to institute disciplinary proceedings against a public officer to whom this regulation applies on the ground of misconduct which, if proved, in his opinion, justify any of the punishments mentioned in regulations 25(1), he shall, after such preliminary investigation as he considers necessary, forward to the public officer a statement of the charge or charges against him with brief allegations, in so far as they are not clear from the charges themselves, on which each charge is based.

If the public officer does not furnish a reply to a charge or charges forwarded under paragraph (1) within the period specified, or if in the opinion of the authorized officer he fails to exculpate himself, the authorized officer shall forthwith decide and inflict on the public officer any of the punishments prescribed under regulation 25(1) except, dismissal or reduction in rank or seniority.

If the authorized officer, on consideration of the charge or charges against the public officer, the public officer's reply and the grounds, if any, on which the public officer relies to exculpate himself, is of the opinion that the matter should be further investigated, the authorized officer shall conduct such further investigation.

Any investigation carried out under this regulation shall be undertaken by public officers senior to the accused public officer who have not, directly or indirectly, dealt with the case before.

If, in the opinion of the authorized officer, a punishment should be inflicted on the public officer, the authorized officer shall forthwith decide and inflict on the public officer any of tile punishments prescribed under regulation 25 (1), except dismissal or reduction in rank or seniority.

Where, in any case under this regulation, it is the opinion of the authorized officer that the punishment to be inflicted is dismissal or reduction in rank or seniority, the authorized officer shall forward to the Commission the record of the disciplinary proceedings together with his comments thereon and the Commission shall decide the punishment, if any, which should be inflicted on the public officer, or whether he should be retired in the public interest:

Provided that if, in the opinion of the Commission, further investigation is necessary before making a decision in the matter, the Commission shall direct the authorized officer to conduct such further investigation and forward a report of nthe investigation to the Commission together with the record of the charges framed, evidence led, the defence and other proceedings relevant to tke inquiry.

The provisions of this regulation shall apply to a public officer in Job Group L or below, who has qualified for pensions benetits under the pensions legislation.

If an authorized officer, after having considered every report in his possession made with regard to a public officer, is of the opinion that it is desirable, in the public interest, that the service of the public officer be terminated on grounds which cannot suitably be dealt with under any other provision of these Regulations, he shall notify the public officer, in writing, specifying the complaints by reason of which his retirement is contemplated, together with the substance of any report or part thereof that is detrimental to the public officer.

If, after giving the public officer an opportunity of showing cause why he should not be retired in the public interest, the authorized officer is satisfied that the public officer should be required to retire in the public interest, he shall, in the case of any public officer, forward to the Commission the report on the case, the public officer's reply and his own comments, and the Commission shall decide whether the public officer should be required to retire in the public interest.

Where a public officer is retired in the public interest, the authorized officer shall furnish the Pensions Branch of the Treasury with full details of the case.

If a public officer is convicted of a criminal offence which, in the opinion of the authorized officer, warrants disciplinary proceedings, the authorized officer shall, in the case of a public officer to whom regulation 33 or 35 apply, forward a copy of the charge and of the judgment and any judgment or order made on appeal or revision to the Commission for consideration, and the Commission shall decide whether the public officer should be dismissed or subjected to any of the other punishments mentioned in regulation 25.

Where the public officer is one to whom regulation 34 applies, the authorized officer, after consideration of such judgement or order, may himself dismiss the public officer or subject him to any of the other punishments mentioned in regulation 25.

For the purposes of this regulation, proceedings for minor offences, such as those under the Traffic Act (Cap. 403) and by-laws, may be disregarded, and disciplinary proceedings shall normally be confined to proceedings under the Penal Code (Cap. 63) and other Acts where a prison sentence may be imposed, other than in default of payment of a fine.

These Regulations may be cited as the Public Service Commission Regulations, 2005.

These Regulations shall apply to all public offices to which the Commission's constitutional powers and functions as set out in section 107 of the Constitution apply, other than offices in the Kenya Police Force, the Kenya Prisons Service and local authorities.

In these Regulations, unless the context otherwise requires—

Nothing in these Regulations empowering an authorized officer or any other person to perform any function vested in the Commission shall preclude the Commission from itself performing that function in any particular case.

The Commission may require any public officer to attend and give information before it concerning any matter which it is required to consider in exercise of its functions.

The Commission may require the production of any official document relevant to any exercise of its functions, and any public officer who submits any matter for the consideration of the Commission shall ensure that all relevant documents and papers are made available to the Commission.

Any public officer who without reasonable excuse fails to appear before the Commission when notified to do so, or who fails to comply with any request lawfully and properly made by the Commission, shall be guilty of a breach of discipline and the Commission may direct the person responsible for initiating disciplinary proceedings against such public officer that disciplinary proceedings should be instituted against him.

Notwithstanding paragraphs (1), (2) and (3), a public officer may withhold information on any matter or production of an official document when directed by the President in writing to do so.

An authorized officer exercising the powers conferred on him by this regulation shall act in accordance with these Regulations and any other regulations which may be in force, as appropriate.

A public officer affected by the decision of the authorized officer under this regulation may, through the authorized officer, appeal to the Commission within fourty-two days from the date of receiving the decision appealed against.

Notwithstanding the provisions of this regulation, the Commission may, when necessary, institute an enquiry to determine whether or not the powers delegated under this regulation have been properly exercised by the authorized officer.

Where the authorized officer is not conferred with the delegated powers of appointment under regulation 9 and a vacancy occurs or it is known that a vacancy will occur, the authorized officer shall notify the Commission and the Commission shall take the appropriate steps to fill that vacancy.

Subject to paragraph (2), applications for appointment to vacancies shall be invited by public advertisement in such manner as the Commission may determine.

Where, in the opinion of the Commission, it would be likely to find a public officer in some ministry or department or public body other than that in which the vacancy occurs, it may invite applications from serving public officers.

Where an authorized officer is conferred with the delegated powers of appointment, the authorized officer shall exercise such powers in the manner determined by the Commission under paragraph (1).

In selecting candidates for appointment, promotion and transfer, the Commission shall have regard to the efficiency of the public service and, in considering the claims of public officers for promotion, merit and ability shall be taken into account as well as seniority, experience and official qualifications; and as between public officers of equal official qualifications, proved merit and suitability for the vacancy in question, shall be given greater weight than seniority.

Recommendations made to the Commission for promotion shall state whether the person recommended is the senior public officer in the department or grade eligible for promotion and, where this is not the case, detailed reasons shall be given in respect of each person in that same department or grade over whom it is proposed that the person recommended should be promoted and the Commission shall a decision.

The provisions of paragraph(1) shall, with the necessary modifications, apply to an authorized officer exercising delegated powers of appointment, promotion or transfer under these Regulations.

The authorized officer shall not recommend theextension or termination of an appointment under subparagraph (b) or subparagraph (c) of paragraph (1) unless he has first, by letter, informed the public officer of his intention and of the right of the public officer to make representations thereon within a period to be specified in such letter and required the public officer to acknowledge receipt of such letter in writing within that period; the authorized officer shall attach copies of all such correspondence to his recommendation.

Notwithstanding paragraph (1) but subject to paragraph (2), the authorized officer may, at any time, recommend to the Commission that a probationary appointment be terminated.

Where it is desired to transfer a public officer in Job Group "Q" or above from his present office to another office of different designation but of similar grading, either in his own or in another ministry or department, the authorized officers concerned shall forward their recommendations and comments to the Commission, which shall decide whether thetransfer s hould be approved.

Subject to regulation 9(1)(c), where a public officer is serving on a written contract and is willing to engage for a further term of service, the authorized officer shall notify the Commission of the date when such contract will expire, and his recommendation whether it should be renewed or not.

So far as is practicable, every notification under paragraph (4) shall be forwarded to the Commission in sufficient time to enable the Commission to give its decision not less than three months before the public officer's contract is due to expire.

If it appears to an authorized officer that there is reason why a pensionable public officer should be called upon to retire from the public service on the grounds that he has reached the age at which he can lawfully be required to retire from the public service under the pensions legislation, the authorized officer shall advise the public officer that his compulsory retirement is under consideration and ask if he wishes to make any representations thereon.

The authorized officer shall forward such representations, if any, together with his own observations to the Commission, and the Commission shall decide whether the public officer should be called upon to retire.

On being advised of the decision of the Commission, the authorized officer shall notify the public officer and, if the public officer is to be retired, he shall notify the Pensions Branch of the Treasury.

A public officer whose compulsory retirement is under consideration under this regulation may, where possible, be given the option to retire voluntarily provided that the reasons for requiring his retirement do not involve disciplinary action.

Where it appears to an authorized officer that a public officer is incapable by reason of any infirmity of mind or body of discharging the functions of his public office, he may (and shall if the public officer so requests) call upon the public officer to present himself before a medical board (which shall be appointed by the Director of Medical Services) with a view to it being ascertained whether or not the public officer is incapable as aforesaid.

After the public officer has been examined, the Director of Medical Services shall forward the medical board's proceedings, together with his comments thereon, to the authorized officer, who in turn shall forward them, together with any representations which the public officer desires to make and his own recommendation, to the Commission.

Unless the Commission considers that further inquiry is necessary, in which case it shall issue directions to the authorized officer accordingly, it shall decide forthwith whether the public officer should be called upon to retire on the grounds of ill health.

On being advised of the decision of the Commission, the authorized officer shall notify the public officer and, if the public officer is to be retired on the grounds of ill health, he shall notify the Pensions Branch of the Treasury.

The authorized officer shall forward the representations, if any, together with his own observations thereon to the Commission, and the Commission shall decide whether the public officer should remain in the office he holds in the public service or should be transferred or seconded to another department or ministry, or the officer should be retired on abolition of office or on reorganization of Government for greater efficiency or economy.

On being advised of the decision of the Commission, the authorized officer shall notify the public officer and, if the public officer is to be retired, he shall prepare and forward the officer's pensions claims to the Pensions Branch of the Treasury.

The provisions of this regulation shall not apply to any public officer who has reached the age at which he can lawfully be required to retire from the public service under the pensions legislation in accordance with regulation 18.

Any public officer dissatisfied with the decision of the Commission under this regulation may, in writing through his authorized officer, seek a review of the decision within fourty-two days from the date of receiving the communication of the Commission's decision:

Provided the Commission may entertain a request for a review of the decision out of time if the circumstances warrant it.

Any authorized officer exercising the powers conferred on him by this regulation shall act in accordance with these Regulations and any other relevant provisions of the law for the time being in force.

If in any case an authorized officer is satisfied that the public interest requires that a public officer should cease forthwith to exercise the powers and functions of his public office, he may interdict the public officer from the exercise of those powers and functions provided proceedings which may lead to his dismissal are being taken or are about to be taken or that criminal proceedings are being instituted against him.

A public officer who is interdicted shall receive such salary, not being less than half his salary, as the authorized officer shall think fit.

Where disciplinary or criminal proceedings have been taken or instituted against a public officer under interdiction and such public officer is neither dismissed nor otherwise punished under these Regulations, the whole of any salary withheld under paragraph (2) shall be restored to him upon the termination of such proceedings.

If any punishment other than dismissal is inflicted, the public officer may be refunded such proportion of the salary withheld as a result of his interdiction, as the Commission shall decide.

A public officer who is under interdiction may not leave his station without the permission of the authorized officer or of any public officer who is empowered to give such permission on behalf of the authorized officer.

For the purpose of this regulation and regulation 24, "salary" means basic salary and, where applicable, includes inducement or overseas allowance.

Where a public officer has been convicted of a serious criminal offence, other than such as are referred to in regulation 37 (3), an authorized officer may suspend the public officer from the exercise of the functions of his public office pending consideration of his case under these Regulations.

An authorized officer may suspend from the exercise of the functions of his public office, a public officer against whom proceedings for dismissal have been taken if, as the result of those proceedings, he considers that the public officer ought to be dismissed.

While a public officer is suspended from the exercise of the functions of his public office under this regulation, he shall not be entitled to any salary:

Provided that the authorized officer may, if he thinks fit, direct that any suspended public officer shall be granted an alimentary allowance in such amount and on such terms as he may determine.

A public officer who is suspended may not leave his station without the permission of the authorized officer or of any public officer who is empowered to give such permission on behalf of the authorized officer.

Nothing in this regulation shall limit the powers conferred by these Regulations to require a public officer to retire from the public service on the grounds of public interest.

No punishment shall be inflicted on any public officer which would be contrary to any law.

An authorized officer exercising the powers conferred on him by this regulation shall act in accordance with regulation 32.

All acts of misconduct by public officers shall be dealt with under this Part as soon as possible after the time of their occurrence.

Where, in any case which comes to the attention of the Commission, the Commission is of the opinion that disciplinary proceedings should be instituted against a public officer, the Commission shall, notwithstanding any other provisions of these Regulations, direct the authorized officer to initiate such proceedings.

Subject to section 13 of the Order, an appeal by a public officer shall lie to the Commission, through the authorized officer concerned against an order made in accordance with this Part in relation to that public officer in disciplinary proceedings involving any of the punishments as mentioned in regulations 25 and 26 except that no appeal shall be entertained in any case unless it is received within forty-two days of the date upon which the decision is addressed to the public officer:

Provided that the Commission may entertain an appeal out of time if, in the opinion of the Commission, the circumstances warrant it.

The Commission shall entertain an appeal only once in respect of each case.

A public officer may, within one year of the date upon which any decision of the Commission under this part is addressed to the public officer, apply for review and the application may be admitted if the Commission is satisfied that there appear in the application new and material facts which might have affected a former decision, and if adequate reasons for the non-disclosure of such facts at an earlier date are given, or, there is an error apparent on record of the earlier decision.

An application to review a decision of the Commission made on review shall not be allowed.

Notwithstanding the right of appeal or the right to apply for review conferred on a public officer by this regulation, disciplinary action shall not be deferred or suspended pending the determination of the appeal or the application for review.

Where an authorized officer considers it necessary to institute disciplinary proceedings against a public officer to whom this regulation applies on the ground of misconduct which, if proved, would, in his opinion, justify any of the punishments in regulation 25 (1), he shall, after such preliminary investigation and consultation as to the terms of the charge or charges as he considers necessary, forward to the public officer a statement of the charge or charges framed against him together with a brief statement of the allegations, in so far as they are not clear from the charges themselves, on which each charge is based, and shall invite the public officer to state in writing, should he so desire, before a day to be specified, any grounds on which he relies to exculpate himself.

If the public officer does not furnish a reply to a charge or charges forwarded under paragraph (1) within the period specified, or if in the opinion of the authorized officer he fails to exculpate himself, the authorized officer shall forward to the Commission copies of the statement of the charge, or charges, the reply, if any, of the public officer and the authorized officer's comments thereon.

If, on consideration of the statement of the charge or charges, the reply, if any, of the public officer, and the comments of the authorized officer, the Commission is of the opinion that no further investigation is necessary, it shall forthwith decide on the punishment, if any, which should be inflicted on the public officer, or whether he should be retired in the public interest.

If the Commission, on consideration of the submissions by the authorized officer, is of the opinion that the matters should be further investigated, it shall direct the authorized officer to conduct such further investigation.

Any investigation carried out under this regulation shall be undertaken by public officers senior to the accused public officer, who have not, directly or indirectly, dealt with the case before.

If, during the course of the investigation, the grounds for the framing of additional charges are disclosed, the authorized officer shall follow the same procedure as was adopted in framing the original charges.

The Commission, after consideration of the report, shall, if it is of the opinion that the report should be amplified in any way or that further investigation is desirable, refer the matter back to the authorized officer who shall conduct the investigation for a further report.

The Commission shall decide on the punishment, if any, which should be inflicted on the public officer, or whether he should be retired in the public interest.

The provisions of this regulation shall appily to a public officer in Job Group Q or above above

Where an authorized officer considers it necessary to institute disciplinary proceedings against a public officer to whom this regulation applies on the ground of misconduct which, if proved, in his opinion, justify any of the punishments mentioned in regulation 25 (1), he shall after such preliminary investigation as he considers necessary, forward to the public officer a statement of the charge or charges against him with brief allegations, in so far as they are not clear from the charges themselves, on which each charge is based.

If the public officer does not furnish a reply to a charge or charges forwarded under paragraph (1) within the period specified, or, if in the opinion of the authorized officer, he fails to exculpate himself, and the authorized officer is of the opinion that no further investigation is necessary, the authorized officer shall forthwith decide on the punishment, which should be inflicted on the public officer.

If the authorized officer, on consideration of the charge or charges against the public officer, the public officer's reply and the grounds, if any, on which the public officer relies to exculpate himself, is of the opinion that the matter should be further investigated, the authorized officer shall conduct such further investigation.

Any investigation carried out under this regulation shall be undertaken by public officers senior to the accused public officer, who have not, directly or indirectly, dealt with the case before.

The authorized officer shall decide on the punishment, if any, which should be inflicted on the public officer.

The provisions of this regulation shall apply to a public officer in Job Group "P" or below, who has not qualified for pensions benefits under the pensions legislation.

Where an authorized officer considers it necessary to institute disciplinary proceedings against a public officer to whom this regulation applies on the ground of misconduct which, if proved, in his opinion, justify any of the punishments mentioned in regulations 25(1), he shall, after such preliminary investigation as he considers necessary, forward to the public officer a statement of the charge or charges against him with brief allegations, in so far as they are not clear from the charges themselves, on which each charge is based.

If the public officer does not furnish a reply to a charge or charges forwarded under paragraph (1) within the period specified, or if in the opinion of the authorized officer he fails to exculpate himself, the authorized officer shall forthwith decide and inflict on the public officer any of the punishments prescribed under regulation 25(1) except, dismissal or reduction in rank or seniority.

If the authorized officer, on consideration of the charge or charges against the public officer, the public officer's reply and the grounds, if any, on which the public officer relies to exculpate himself, is of the opinion that the matter should be further investigated, the authorized officer shall conduct such further investigation.

Any investigation carried out under this regulation shall be undertaken by public officers senior to the accused public officer who have not, directly or indirectly, dealt with the case before.

If, in the opinion of the authorized officer, a punishment should be inflicted on the public officer, the authorized officer shall forthwith decide and inflict on the public officer any of tile punishments prescribed under regulation 25 (1), except dismissal or reduction in rank or seniority.

Where, in any case under this regulation, it is the opinion of the authorized officer that the punishment to be inflicted is dismissal or reduction in rank or seniority, the authorized officer shall forward to the Commission the record of the disciplinary proceedings together with his comments thereon and the Commission shall decide the punishment, if any, which should be inflicted on the public officer, or whether he should be retired in the public interest:

Provided that if, in the opinion of the Commission, further investigation is necessary before making a decision in the matter, the Commission shall direct the authorized officer to conduct such further investigation and forward a report of nthe investigation to the Commission together with the record of the charges framed, evidence led, the defence and other proceedings relevant to tke inquiry.

The provisions of this regulation shall apply to a public officer in Job Group P or below, who has qualified for pensions benetits under the pensions legislation.

If an authorized officer, after having considered every report in his possession made with regard to a public officer, is of the opinion that it is desirable, in the public interest, that the service of the public officer be terminated on grounds which cannot suitably be dealt with under any other provision of these Regulations, he shall notify the public officer, in writing, specifying the complaints by reason of which his retirement is contemplated, together with the substance of any report or part thereof that is detrimental to the public officer.

If, after giving the public officer an opportunity of showing cause why he should not be retired in the public interest, the authorized officer is satisfied that the public officer should be required to retire in the public interest, he shall, in the case of any public officer, forward to the Commission the report on the case, the public officer's reply and his own comments, and the Commission shall decide whether the public officer should be required to retire in the public interest.

Where a public officer is retired in the public interest, the authorized officer shall furnish the Pensions Branch of the Treasury with full details of the case.

If a public officer is convicted of a criminal offence which, in the opinion of the authorized officer, warrants disciplinary proceedings, the authorized officer shall, in the case of a public officer to whom regulation 33 or 35 apply, forward a copy of the charge and of the judgment and any judgment or order made on appeal or revision to the Commission for consideration, and the Commission shall decide whether the public officer should be dismissed or subjected to any of the other punishments mentioned in regulation 25.

Where the public officer is one to whom regulation 34 applies, the authorized officer, after consideration of such judgement or order, may himself dismiss the public officer or subject him to any of the other punishments mentioned in regulation 25.

For the purposes of this regulation, proceedings for minor offences, such as those under the Traffic Act (Cap. 403) and by-laws, may be disregarded, and disciplinary proceedings shall normally be confined to proceedings under the Penal Code (Cap. 63) and other Acts where a prison sentence may be imposed, other than in default of payment of a fine.

In these Regulations, unless the context otherwise requires —