Facing a Disciplinary Hearing
From allegation to outcome — your rights, the steps involved, and the range of possible penalties.
Understand the Categories of Misconduct
The Code of Conduct defines three categories: Gross Misconduct (most serious — e.g., fraud, theft, corruption, wilful damage to government property), Misconduct (serious — e.g., habitual lateness, insubordination, unauthorized absence), and Misdemeanour (less serious — e.g., minor breaches of procedure). The category determines the severity of the process and possible penalties.
What type of allegation are you facing?
The Formal Disciplinary Hearing
You will be informed in writing of the charges against you and given at least 7 days notice of the hearing. You have the right to: be present at the hearing, be accompanied by a fellow officer or union representative, hear all evidence against you, cross-examine witnesses, call your own witnesses, and present your defence. The hearing panel makes a recommendation to the appointing authority.
Possible Penalties
The range of penalties from most to least severe: Dismissal from the Service, Termination of Appointment, Compulsory Retirement, Demotion, Reduction in Salary, Deferment of Increment, Suspension without pay, Surcharge (for financial loss to government), and Reprimand. The penalty must be proportionate to the offence.
Your Right to Appeal
If you disagree with the outcome, you have the right to petition the Public Service Commission. Your petition must be submitted in writing through your Head of Department. The Commission will review the case and may confirm, vary, or overturn the decision.
Scenario Complete
For the full legal text, see: GO Ch. 3 and Code of Conduct and PPM Ch. 9
