The investigation process of disciplinary offences by members of the interchangeable personnel or by employees serving on secondment becomes more efficient, according to the new legal framework implemented in the Public sector at the beginning of the month.
Specifically, if a disciplinary offence is reported to the competent authority or comes to its attention that an employee has committed a disciplinary offence, it must ensure that a summary investigation will be conducted if the offence is one that can be adjudicated.
It is worth noting that the competent authority for the interchangeable personnel is the Minister of Finance, while for employees under secondment it is the Minister/Deputy Minister, as well as the head of an independent office or service where they serve, and not the ministries to which they are organically attached.
Therefore, based on the new procedure for investigating disciplinary offences for this specific category of employees, an investigating officer will be appointed from the Ministry, Deputy Ministry, independent office, or service where the government employee serves, and will assume all the responsibilities of the competent authority.
Meanwhile, regarding the adjudication of summary disciplinary offences, according to the new legal framework, the competent authority has the power to delegate its authority for adjudicating these specific offences.
The same procedure will apply to imposing disciplinary penalties on any officer who is of a higher rank than the concerned or involved employee, without necessarily meaning a higher-ranking officer as was the case with the previous legislation.
It should be noted that the disciplinary investigation process for interchangeable personnel or employees under secondment, which commenced before 8th March when the new legal framework was applied, will continue and be completed based on the provisions of the basic legislation.
Further updates will be provided.
According to a circular from the Department of Public Administration and Personnel (DPAP), with the commencement of the investigation into a disciplinary offence of interchangeable or seconded personnel, the competent authority, i.e., the Ministry/Deputy Ministry etc., where the investigated employees serve, must inform the DPAP accordingly, as well as the Ministry, Deputy Ministry, independent office, or service to which the employees are organically attached.
In conclusion, the DPAP also cites the relevant regulations concerning the Public Service, indicating that in cases where a disciplinary investigation is ordered or criminal proceedings are initiated against an employee, the Public Service Commission should be promptly informed and provided with relevant information and the views of the competent authority, so that the Commission can examine in each case whether the public interest requires the employee to be placed on leave.
According to data from the Public Service Commission, from 2018 to 2022, penalties have been imposed on 30 government employees.
