Page:Public Service (Disciplinary) Regulation (Executive Order 2 of 1997).pdf/5

Rh '''12. Service etc. of documents'''

Any notice or other document required to be served on or given to an officer in connection with any investigation into allegation of misconduct may be served or given by being—
 * (a) given to him personally;
 * (b) sent by registered post to his last known address; or
 * (c) left at his last known address.

13. Officers charged with criminal offences

(1) An officer against whom criminal proceedings are being instituted shall forthwith report the fact to the Head of his Department. In the case of an officer who is himself the Head of Department, he shall report the proceedings to the Secretary.

(2) The Head of Department shall forthwith inform the Secretary of the institution of criminal proceedings against any officer of his department, unless the offence, in his opinion, is of a minor nature and—
 * (a) does not reflect adversely on the character of the officer; and
 * (b) is not likely to bring the public service into disrepute,

and in the period of 12 months immediately preceding the date of institution of criminal proceedings the officer has either not been convicted or been convicted once only of a similar offence.

14. Salary to be withheld on conviction

(1) Subject to subsection (5), the salary of an officer who is convicted of a criminal offence shall be withheld from the date of conviction—
 * (a) if the officer has been sentenced to imprisonment, whether or not he lodges an appeal; or
 * (b) if, in the opinion of the Secretary, the conviction may lead to the dismissal of the officer.

(2) An officer’s Head of Department shall notify the Secretary of the result of any criminal proceedings taken against the officer.

(3) Subject to subsection (5), the Director of Accounting Services shall withhold the salary of an officer, pending further consideration of the officer’s case, if the Secretary informs him-
 * (a) that the officer has been sentenced to imprisonment; or
 * (b) that the officer has been convicted of a criminal offence and that the conviction, in the opinion of the Secretary, may lead to dismissal of the officer.

(4) An officer whose salary has been withheld under this section shall cease to perform any duties of his office.