In the Case of a disciplinary matter

• The Public Service Commission, on receiving a preliminary investigation report to the Disciplinary Division filed by the Heads of Department or Ministry Secretaries and following a proper study thereon with a complete examination into relevant information, files and documents, observations and recommendations, will make a suitable determination on whether charge sheets should be served or not against offending officers.
• If decided to serve a charge sheet, action will be taken to hand over such charge sheet to the officer concerned through the Administrative Authority, Ministry Secretary and Head of Department. Upon consideration of the answers furnished by the accused officer to such charge sheet and the observations and recommendations thereon made by the respective Head of Department, Ministry Secretary and Administrative Authority a decision will be made as to whether the institution of a formal disciplinary inquiry on the matter is feasible or not.
• Where the decision is to institute a Formal Disciplinary Inquiry it is required to be held following the appointment of a suitable Inquiry Officer selected from the Panel of Inquiry Officers maintained by the Public Service Commission for such purpose. However, if decided against holding a formal disciplinary inquiry the accused officer will either be exonerated from all the charges or be subject to the imposition of a suitable punishment based on the answers filed by the accused officer and the observations and recommendations thereon by the respective Head of Department, Ministry Secretary and Administrative Authority.
• Where a formal disciplinary inquiry is held, the Public Service Commission, following the receipt of the report of such inquiry, takes all oral and documentary evidence that were laid before the said inquiry and observations and recommendations of the Administrative Authority of the accused officer into account and makes an appropriate disciplinary order either to exonerate the accused officer from all the charges or to hold him an offender to one or several or all the charges.
• Furthermore, as a part of the disciplinary procedure an accused officer can be interdicted from service or reinstated in service following his interdiction or he could even be sent on compulsory retirement. If the officer concerned is to be retired from service pending disciplinary action it can be so done by retiring him under Section 12 of the Minute on Pensions.

In the case of appeals against the orders made by the Education Service Committee and the Health Service Committee

This Division in accordance with the Notices of Gazette Extraordinary Nos. 1989/27, 1989/28 and 1989/29 dated 19.10.2016 and the Notice of Gazette Extraordinary No. 1992/27 dated 07.11.2016 having regard to Education Service Committee and also in accordance with the Notices of Gazette Extraordinary Nos. 1990/24 and 1990/25 dated 27.10.2016 and the Notice of Gazette Extraordinary No. 2004/49 dated 01.02.2017 having regard to Health Service Committee in pursuance of the provisions in Article 57(1) of the Constitution, will provide relief to or reject any such relief over the officers of the Ministry of Education and the Ministry of Health, Nutrition and Indigenous Medicine respectively upon consideration of the facts contained in the appeals of such officers against the disciplinary orders made by the said committees and the observations and recommendations thereon made by the respective Committee and the Administrative Authorities of such officers.

In the case of appeals against the Notices of Vacation of Post

This Division through the Public Service Commission under its scope referred to in the Gazette Notice No. 1941/41 dated 20.11.2015 as amend by the Gazette Notice No. 1955/22 dated 25.10.2016 in relation to the delegation of powers of the Public Service Commission will reinstate or will not reinstate the officers in service upon consideration of the facts contained in the appeals of such officers against their vacation of post notices and the observations and recommendations thereon made by the respective Administrative Authorities of such officers having regard to those under the Ministry of Education in accordance with the Gazettes Extraordinary Nos. 1989/27, 1989/28 and 1989/29 dated 19.10.2016 and the Gazette Extraordinary No. 1992/7 dated 07.11.2016 and also having regard to officers other than those under the Ministry of Health, Nutrition and Indigenous Medicine in accordance with the Gazettes Extraordinary Nos. 1990/24 and 1990/25 dated 27.10.2016 and Gazette Extraordinary No. 2004/49 dated 01.02.2017.

In the case of appeals made to the Superior Courts, Administrative Appeals Tribunal, Human Rights Commission, Public Petitions Committee of the Parliament and the Ombudsman

This Division appropriately handles the matters involving the preparation of observations on the applications made to the Superior Courts against the disciplinary orders or decisions on such disciplinary matters made by the Public Service Commission, preparation of observations on appeals made to the Administrative Appeals Tribunal, Public Petition Committee of the Parliament and the Ombudsman, representing the Public Service Commission at such institutions on the dates fixed for the hearing of such cases and dealing with the inquiries made by the Human Rights Commission.