Disciplinary Penalties & Appeals
The ten types of disciplinary penalties available under Gambian civil service law — from reprimand to dismissal — and your rights to appeal, including timelines, representation, and the distinction between suspension and interdiction.
The Code of Conduct defines three categories of offences (Section 5): Gross Misconduct (seriously damages credibility and integrity), Misconduct (breaches Code principles), and Misdemeanour (unlawful act or unacceptable behaviour). Section 6 lists 14 specific acts of Gross Misconduct — including dishonesty, refusing posting orders, falsifying attendance, unauthorised absence, causing financial loss through negligence, undisclosed conflicts of interest, criminal conviction, and concealing theft or fraud — plus 4 acts of Misconduct including conducting unauthorised business on duty and rudeness to the public. Section 7 prescribes ten penalties in descending severity: (1) Dismissal — forfeiture of all pension/gratuity, reserved for extremely serious cases; (2) Termination — pension entitlement preserved but may be reduced by Pensions Authority; (3) Demotion — grade and salary reduced; (4) Salary Reduction — salary reduced but grade maintained; (5) Increment Deferment — annual increment withheld; (6) Suspension — removed from duty without salary during investigation; (7) Interdiction — officer facing dismissal receives not less than half salary, cannot travel without police permission, no increments during period; if acquitted, full salary arrears and reinstatement; if guilty, dismissal with no arrears; (8) Compulsory Retirement — for officers aged 50+ with unsatisfactory performance, with 14-day appeal window; (9) Reprimand — strong warning letter; (10) Surcharge — payment for damage to Government property.
Chapter 9 of the PPM provides the procedural framework for disciplinary proceedings under Gambian law. The progressive discipline system runs: verbal warning → first written warning → second written warning → formal punishment. There must be at least one month between the verbal and first written warning, and three months allowed for improvement before escalation. For formal misconduct proceedings, the appointing authority must provide the officer with written particulars of the charge and a summary of evidence. The officer has the right to respond and present their case. Investigating committees may be formed for complex cases, with cross-examination of witnesses permitted. Officers may be represented by a union representative or colleague at hearings. Appeals must be submitted in writing to the PMO within 30 days of receiving the decision, providing detailed grounds. The appeals authority reviews the case, and officers may present additional evidence. The appeal decision is final and binding, though union representatives may assist throughout.
GO 03116 addresses the immediate financial consequence of unauthorised absence: one day's pay is deducted per day from the next salary payment. The Head of Department must inform the Directorate of National Treasury, the Auditor General, and the PS-PMO. This operates independently of any broader disciplinary proceedings — the pay deduction is automatic, while further disciplinary action follows the procedures in the PPM and Code of Conduct.