Public Service (Disciplinary Proceedings — Delegation of Functions) Directions

Constitution of the Republic of
Singapore

(Article 116(3))

Dir 1

REVISED EDITION 1996

(25th March 1992)

[1st July 1970]

Citation

1. These Directions may be cited as the Public Service (Disciplinary Proceedings — Delegation of Functions) Directions.

Definitions

2. In these Directions, unless the context otherwise requires —

“Permanent Secretary” includes the Solicitor-General, the Auditor-General, the Clerk of Parliament, the Secretary to the Public Service Commission, the Registrar of the Supreme Court, the Private Secretary to the President, the Secretary to the Prime Minister, the Secretary to the Cabinet, and a Head of a Diplomatic or a Consular Mission of the Republic of Singapore overseas;

“officer” means a public officer in the public service holding an appointment in any grade in Division IV, or an appointment in a timescale grade in Division III, whether such officer is holding a permanent, temporary or contract appointment.

Delegation to Permanent Secretary

3.—(1) The functions of the Public Service Commission relating to disciplinary control of officers may, after 1st July 1970, be exercised by a Permanent Secretary of the Ministry in which the officer is serving acting in accordance with and subject to these Directions.

(2) The Public Service Commission may, in its discretion, exercise such functions as are delegated to a Permanent Secretary under paragraph (1) notwithstanding such delegation.

Procedure when complaint is lodged

4. When a complaint is lodged against an officer alleging the commission by him of any of the offences referred to in the Schedule, the following procedure shall be adopted:

(a)	the complaint shall be communicated in writing to the officer who may be required to submit a written explanation within 24 hours or such further time as the Permanent Secretary shall allow; and
(b)	where the Permanent Secretary is of the opinion that the complaint requires further investigation, he shall appoint an officer of not less than Division II rank to conduct an investigation.

Penalties

5.—(1) The Permanent Secretary may upon a consideration of the results of such investigation, if he is of the opinion that the officer has committed an offence, impose one of the following penalties:

(a)	a fine not exceeding one month’s total emoluments or $200, whichever is less;
(b)	stoppage or deferment of increment of up to one year; or
(c)	a reprimand.

(2) The Permanent Secretary may either in addition to or in lieu of the above penalties issue the officer with a written warning.

Variation by Public Service Commission

6. Notwithstanding direction 5, the Public Service Commission may, within one monthof the imposition of a penalty by a Permanent Secretary, vary such penalty by way of enhancement, reduction, substitution, or otherwise, except that in the event of the Public Service Commission varying such penalty which would result in an enhancement thereof, no imposition of the enhanced penalty shall be made on any officer unless he has been given a reasonable opportunity of being heard.

Report by Permanent Secretary

7. The Permanent Secretary shall, in every case where he has imposed a penalty on an officer under these Directions, submit within 7 days of the imposition of such a penalty a report to the Public Service Commission containing a summary of the facts of the case and the penalty imposed.

Recommendation for more severe penalty

8. Where a Permanent Secretary considers that a more severe penalty than is otherwise provided for under these Directions should be imposed, he shall submit a recommendation to the Public Service Commission, forwarding with it a report containing a summary of the facts of the case.

Saving

9. Nothing in these Directions shall be deemed to prevent the prosecution of an officer in accordance with the provisions of any written law for the time being in force or to prevent any disciplinary action being taken against him under any other disciplinary rules as may be in force except that such officer shall not be punished twice in respect of the same disciplinary offence.

Search within Legislation