Disciplinary Procedure
The Public Service Commission Disciplinary Regulations have been revised, with disciplinary processes being simplified, consolidated and delegated further. The new Public Service Disciplinary Regulations, 2023 (S.L. Const. 07) come into effect on 1 October 2023. Disciplinary proceedings initiated prior to this date shall continue in terms of the procedures stipulated by the PSC Disciplinary Regulations, 2017.
Directive 11 and the appended Manual, issued by the Principal Permanent Secretary on 28 February 2017, in accordance with article 4(3) of the Public Administration Act (PAA), introduced the PSC Disciplinary Regulations, 2017, which came into effect on 1 March 2017, by means of L.N. 66 of 2017. The
Directive, the annexed Manual and the new PSC Disciplinary Regulations, 2017, were intended to bring about the simplification of disciplinary processes.
In the Regulations of 1999, which preceded the new PSC Disciplinary Regulations, 2017, the Prime Minister, in terms of Article 110 of the Constitution of Malta, had delegated to heads of department the authority to exercise disciplinary control over public officers under their jurisdiction. The PSC Disciplinary Regulations, 2017, while retaining the delegation of authority already exercisable by heads of department, focus on simplifying the exercise of discipline through further devolution of powers and doing away with unnecessary or duplicate processes.
The new regulations also emphasize the upholding of transparency and fairness in the course of disciplinary proceedings. The most significant measures in this area are, amongst others, the introduction of new time-frames for heads of department to take action with a view to limiting the length of time required to conclude a disciplinary case; and the strengthening of current safeguards to increase accountability and transparency. Such safeguards include:
- the possibility for the officer charged to submit an appeal or representations in all stages of the disciplinary process;
- consistency and uniformity of treatment;
- an impartial Disciplinary Board; and
- the right of the officer charged to be assisted.
The Manual annexed to Directive 11 expands on the provisions of the PSC Disciplinary Regulations, 2017, to ensure that the regulations are interpreted correctly and uniformly by line departments. It is the Government’s official document which regulates the exercise of discipline in the Malta Public Service. Heads of department are to ensure that the procedures and practices set out in the Manual are strictly adhered to.
The Role of the PSC
The Public Service Commission exercises its regulatory function as regards the interpretation and application of the PSC Disciplinary Regulations, 2017, and the making of recommendations, as provided in the same regulations. Some of the main functions include:
- To issue directives concerning the interpretation and operation of the PSC Disciplinary Regulations to heads of department and Disciplinary Boards;
- To enquire into the exercise of disciplinary control to heads of department;
- To give an oral hearing in disciplinary cases when charges are considered as potentially leading to dismissal, and decide on the penalty to be imposed, if any
- To consider appeals concerning disciplinary decisions by heads of department.
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Appeals from Disciplinary Procedures
Appeals from Disciplinary Procedures initiated prior to 1 March 2017
(Disciplinary Procedure in the Public Service Commission Regulations 1999) and subsequently after 1 October 2023 (Public Service Commission Disciplinary Regulations, 2023).
Appeals by the Officer Charged
A public officer has a right of appeal to the Commission against a finding of guilt and the corresponding penalty imposed by a Head of Department in any of the following circumstances:
When the officer has been found guilty of charges which are considered by his/her department to be a serious disciplinary offence;
where the penalty imposed by the Head of Department is or includes a “warning of dismissal”;
where the officer can prove that there has been a gross disregard of the procedures laid down in the Disciplinary Regulations and such disregard had prejudiced the interests of the officer.
Officers wishing to lodge an appeal are strongly advised to consult regulations 30 and 31 of the Disciplinary Procedure in the Public Service Commission Regulations.
Representations by the Head of Department
A Head of Department who is dissatisfied with the proceedings or findings of the Disciplinary Board may make representations to the Commission in the following instances:
- where the disciplinary charge had been designated by the head of department as a serious offence;
- cases which the head of department had considered to warrant a warning of dismissal;
- cases where the head of department can prove that there has been a gross disregard of the disciplinary procedures which prejudiced the case.
Heads of department should consult regulations 26, 30, 31 and 32 of the Disciplinary Procedure in the Public Service Commission Regulations.
Review of Past Disciplinary Cases
Regulation 33 of the Disciplinary Procedure in the Public Service Commission Regulations entitles any person who is or has been a public officer and who had been penalized under the disciplinary regulations to petition the Commission to review his/her case for the purpose of amending or revoking the recommendation which the Commission had tendered against him or her.
The petition must be made in writing and addressed to the Executive Secretary, Public Service Commission.
The Commission may only allow a review of the case if, in its discretion, it is satisfied that there was a prima facie case of gross disregard of disciplinary regulations or a serious miscarriage of justice resulting in a violation of natural justice of fundamental rights.
Appeals from Disciplinary Procedures initiated after 1 March 2017 (Public Service Commission Disciplinary Regulations, 2017) and subsequently after 1 October 2023 (Public Service Commission Disciplinary Regulations, 2023).
Appeal by the officer charged
In accordance with Regulation 27 of the Public Service Commission Disciplinary Regulations 2017, a public officer shall have the right to submit an appeal with the PSC to contest a finding of guilt and any related penalty imposed by the Head of Department following disciplinary action taken in terms of Regulation 17. An appeal can also be submitted if the officer can prove that, in the course of disciplinary proceedings against him/her, there was a gross disregard of the Disciplinary Regulations which prejudiced his/her interests. To this end, a penalty imposed by a Head of Department shall not be put into effect before the lapse of at least ten (10) working days from the date the officer was informed of such penalty. If an appeal is lodged, the penalty shall not be put into effect pending the outcome of the appeal (Regulation 28).
The officer shall submit his/her appeal and the grounds therefor, in writing to the Executive Secretary (PSC), within ten (10) working days from the date the decision of the Head of Department is communicated to him/her. The officer shall concurrently send the appeal to the Head of Department, who shall within five (5) working days, transmit to the PSC the relevant documentation related to the case, including the Disciplinary Board report.
An appeal lodged with the PSC shall be acknowledged in writing. If the PSC is of the opinion that the appeal merits consideration, it shall give an opportunity to the officer charged and to the Head of Department to make oral representations.
The PSC, after considering the grounds for appeal, the record of the disciplinary proceedings, and any oral representations, shall recommend to the Prime Minister either that the decision of the Head of Department be confirmed, or that such decision be amended or revoked. Upon approval of its recommendation, the PSC shall inform the appellant of the outcome of the appeal.
The PSC may, either before the hearing or at any time during the hearing of an appeal, dismiss or disallow an appeal without hearing representations, in whole or in part, on the grounds that an appeal is frivolous or vexatious or one that should not have been made.
Representations by the Head of Department
A Head of Department may submit an appeal to the PSC if s/he:
- is dissatisfied with the disciplinary proceedings against an officer or the findings of a Disciplinary Board; or
- can prove that gross disregard of the Disciplinary Regulations prejudiced the case (Regulation 29).
The Head of Department shall submit his/her appeal and the grounds therefor, in writing to the Executive Secretary (PSC), within ten (10) working days from the date the findings of the Disciplinary Board were communicated to him/her and to the officer concerned. The Head of Department shall concurrently send the appeal to the officer concerned.
If the PSC is of the opinion that the appeal merits consideration, it shall give an opportunity to the officer charged and to the Head of Department to make oral representations.
The PSC, after considering the grounds for appeal, the record of the disciplinary proceedings, and any oral representations, shall make a recommendation to the Prime Minister as to the guilt or otherwise of the officer charged with respect to each of the charges brought against him/her, and the penalty to be imposed, if any.
Review of Past Disciplinary Cases
Regulation 30 of the Public Service Commission Disciplinary Regulations 2017, entitles any person who is or has been a public officer and who had been penalized under the disciplinary regulations or under the 1977 Regulations or the 1999 Regulations, following a recommendation by the Commission, to petition the Commission to review his/her case for the purpose of amending or revoking the recommendation which the Commission had tendered against him/ her.
The petition must be made in writing and addressed to the Executive Secretary, Public Service Commission.
PSC Regulations
The procedures of the Commission are set out in the Public Service Commission Regulations, and also in the Disciplinary Procedure in the Public Service Commission Regulations. These regulations are made by the Commission with the consent of the Prime Minister in accordance with article 121(1) of the Constitution.