Section 26
of Statutory Bodies Conduct And Discipline Regulations 1995
Section 26
(1)
Where it is represented to, or is found by, the Disciplinary Authority that an employee is guilty of unsatisfactory work or misconduct and such work or misconduct, in the opinion of the Disciplinary Authority, merits dismissal or reduction in rank, the following provisions shall apply.
(2)
The Disciplinary Authority shall, after considering all the available information in its possession that there is a prima facie case for dismissal or reduction in rank, cause to be sent to the employee a statement in writing, prepared, if necessary with the aid of the legal counsel, of the ground or grounds on which it is proposed to dismiss the employee or reduce him in rank and shall call upon him to make within a period of not less than fourteen days
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from the date of receipt of the letter a representation explaining grounds upon which he relies to exculpate himself.
(3)
If after consideration of the said representation, the Disciplinary Authority is of the opinion that the unsatisfactory work or conduct of the employee is not serious enough to warrant dismissal or reduction in rank, the Disciplinary Authority may impose upon the employee such lesser punishment as it may deem fit.
(4)
If the employee does not furnish any representation within the specified time, or if he furnishes a representation which fails to exculpate himself to the satisfaction of the
Disciplinary Authority, it shall then proceed to consider and decide on the dismissal or reduction in rank of the employee.
(5)
Where the Disciplinary Authority considers that the case against the employee requires further clarification, it may institute an inquiry into the matter.
(6)
The employee shall be informed that, on a specified day, an inquiry into the question of his dismissal or reduction in rank will be conducted and that he will be allowed, and, if the Disciplinary Authority shall so determine, shall be required to appear before the
Disciplinary Authority and exculpate himself.
(7)
If witnesses are examined by the Disciplinary Authority, the employee shall be given an opportunity to be present and to question the witnesses on his own behalf and no documentary evidence shall be used against him unless he has previously been supplied with a copy thereof or given access thereto.
(8)
The Disciplinary Authority may, permit the statutory body or the employee to be represented by an employee of the statutory body or, in exceptional cases, by an advocate and solicitor and may at any time, subject to such adjournment as is reasonably necessary to enable the employee to present his case in person, withdraw such permission:
Provided that where the Disciplinary Authority permits the statutory body to be represented, it shall also permit the employee to be similarly represented.
(9)
If, during the course of the inquiry, further grounds for dismissal are disclosed, and the Disciplinary Authority thinks fit to proceed against the employee upon such grounds,
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the employee shall be furnished with a written statement thereof and the same steps shall be taken as are prescribed above in respect of the original grounds.
(10)
If, at the end of the inquiry the Disciplinary Authority is of the opinion –
(a)
that the employee should be dismissed or reduced in rank, it shall forthwith direct accordingly;
(b)
that the employee does not deserve to be dismissed or reduced in rank, but deserves some lesser punishment, it may inflict upon the employee such lesser punishment as it may deem fit; or
(c)
that the proceedings disclose sufficient grounds for requiring him to retire in the public interest, it shall order accordingly. The question of pension will be dealt with under the relevant pension law.
Criminal proceedings against an employee.