Civil Aviation Authority of Singapore (Junior Officers Disciplinary Proceedings) Regulations

Civil Aviation Authority of Singapore Act

(CHAPTER 41, Section 42(2))

Civil Aviation Authority of Singapore
(Junior Officers Disciplinary Proceedings)
Regulations

Rg 4

G.N. No. S 67/1989

REVISED EDITION 1990

(25th March 1992)

[24th February 1989]

Citation

1. These Regulations may be cited as the Civil Aviation Authority of Singapore (Junior Officers Disciplinary Proceedings) Regulations.

Definitions

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

“inquiry officer” means an inquiry officer appointed by the chief executive officer under regulation 3(1);

“junior officer” means a Division IV officer of the Authority of any grade, whether on permanent or temporary appointment and whether on contract or otherwise, and includes a daily rated employee of the Authority.

Misconduct

3.—(1) If it is represented to the chief executive officer that a junior officer has been guilty of misconduct or neglect of duty and the chief executive officer is of the opinion that the subject of the complaint warrants proceedings to be taken against the junior officer, the chief executive officer may appoint an inquiry officer to conduct the proceedings under this regulation.

(2) The junior officer shall be notified in writing by the inquiry officer of the grounds, which shall be reduced to the form of a definite charge or charges, and he shall be given not less than 7 working days within which to exculpate himself in writing. The junior officer shall also inform the inquiry officer if he wishes to attend the inquiry which shall be held not less than 14 days after the expiration of the date on which he is required to submit his exculpatory statement to the inquiry officer.

(3) If the junior officer submits an exculpatory statement which is not satisfactory, the inquiry officer shall proceed to inquire into the matter and submit a report to the chief executive officer.

(4) At the inquiry, the junior officer shall be permitted —

(a)	to cross-examine the witnesses;
(b)	to give evidence on his own behalf;
(c)	to have such witnesses as he may wish called on his behalf; and
(d)	to have access to information contained in any documents at a reasonable time before the documents are tendered in evidence.

(5) The record of the proceedings of the inquiry shall consist of the information obtained by the inquiry officer and a report by him. The information shall not ordinarily be set out in the form of question and answer but in the form of a narrative but the inquiry officer may in his discretion record any particular question and answer.

(6) At the inquiry, evidence on behalf of the Authority shall be presented by an officer of the Authority or an advocate and solicitor nominated by the chief executive officer. The junior officer under inquiry may be represented by an advocate and solicitor or by another officer of the Authority.

(7) The inquiry officer shall not be bound to act in a formal manner and shall not be bound by the provisions of the Evidence Act [Cap. 97] or by any other law relating to evidence but may inform himself on any matter in such manner as he thinks fit.

(8) The inquiry officer shall proceed with the inquiry from day to day and no adjournment shall be given except for reasons to be recorded in writing. Every adjournment, with reasons therefor, shall be reported forthwith to the chief executive officer. No adjournment shall be given for more than 14 days without the permission of the chief executive officer.

(9) If the inquiry officer is satisfied that the junior officer under inquiry is hampering or attempting to hamper the progress of the inquiry, he shall administer a warning to the junior officer. If after such warning the inquiry officer is satisfied that the junior officer is acting in disregard of the warning, he shall make an entry in the record to that effect and shall proceed to complete the inquiry in such manner as he thinks fit.

(10) The inquiry officer shall, within 14 days of the conclusion of the proceedings or such further time as the chief executive officer may allow, submit his report to the chief executive officer together with his recommendations as to the penalty or penalties to be imposed against the junior officer.

Failure to submit exculpatory statement

4. If the junior officer fails to furnish an exculpatory statement within the time prescribed under regulation 3(2) or refuses to attend the inquiry held under regulation 3(3), the inquiry officer shall proceed to hear the evidence against the junior officer and submit a report to the chief executive officer together with his recommendations as to the penalty or penalties to be imposed against the junior officer.

Penalties

5.—(1) Upon considering the report and the recommendations of the inquiry officer under regulation 3(10) or 4, the chief executive officer may —

(a)

if he is of the opinion that the junior officer should be dismissed, dismiss the junior officer from such date as he may think fit; or

(b)

if he is of the opinion that some punishment other than dismissal should be imposed —

(i)	impose a penalty such as stoppage or deferment of increment, fine or reprimand or a combination of such penalties; or
(ii)	require the junior officer to retire in the public interest without further proceedings under these Regulations, with or without a reduction in retirement benefits.

(2) The chief executive officer may, where he thinks fit, require the inquiry officer to consider further evidence and to hold a further inquiry for that purpose, in which event, the junior officer shall be given not less than 14 days’ notice of such further inquiry.

Admission of charges

6.—(1) Where the junior officer admits the charge or charges or any one of them, the inquiry officer shall give the junior officer an opportunity to mitigate.

(2) The inquiry officer shall consider any mitigation made by the junior officer and submit a report to the chief executive officer.

(3) Upon considering the report and mitigation, if any, made by the junior officer, the chief executive officer may —

(a)

if he is of the opinion that the junior officer should be dismissed, dismiss the junior officer from such date as he may think fit; or

(b)

if he is of the opinion that some punishment other than dismissal should be imposed —

(i)	impose a penalty such as stoppage or deferment of increment, fine or reprimand or a combination of such penalties; or
(ii)	require the junior officer to retire in the public interest without further proceedings under these Regulations, with or without a reduction in retirement benefits.

Retirement in public interest

7.—(1) Notwithstanding regulations 3, 4, 5 and 6, if the chief executive officer considers that it is desirable in the public interest that a junior officer should be required to retire from the service on grounds which cannot be suitably dealt with by specific charges under these Regulations, he shall call for a full report from the inquiry officer.

(2) The chief executive officer shall give the junior officer an opportunity of submitting a reply to the complaints by reason of which his retirement is contemplated. If the chief executive officer is satisfied, upon a consideration of the report and of the reply by the junior officer and having regard to the conditions of service, the usefulness of the junior officer and all the other circumstances of the case, that it is desirable in the public interest to do so, he may require the junior officer to retire in the public interest and the junior officer’s service shall accordingly be terminated on such date as the chief executive officer shall specify.

(3) In every case the question of pension, gratuity or other allowance shall be dealt with under the law for the time being in force.

Interdiction

8.—(1) If in any case the chief executive officer considers that the public interest requires a junior officer to cease to exercise the powers and functions of his office or be suspended from his work immediately, the chief executive officer may interdict the junior officer from the exercise of the powers and functions of his office or suspend him from his work if criminal proceedings or proceedings for his dismissal or reduction in rank are being contemplated.

(2) Subject to regulation 11(1), a junior officer who has been interdicted or suspended from his work may be allowed to receive such portion of the emoluments of his office for such period during the period of interdiction or suspension as the chief executive officer shall think fit, or the chief executive officer may order the withholding of his total emoluments.

(3) If the proceedings against a junior officer do not result in the dismissal or other punishment of the junior officer, he shall be entitled to the full amount of the emoluments which he would have received had he not been interdicted or suspended.

(4) If the punishment is other than dismissal, the junior officer may be refunded such portion of the emoluments withheld as a result of his interdiction or suspension, as the chief executive officer shall think fit.

Criminal proceedings against junior officer

9. If criminal proceedings are instituted against a junior officer, proceedings for his dismissal upon any grounds involved in the criminal charge shall not be taken until —

(a)	the criminal proceedings have been determined; or
(b)	if there is an appeal against conviction, the appeal has been withdrawn or deemed to have been withdrawn or disposed of by the appellate court.

Conviction by court

10.—(1) The chief executive officer may, where a junior officer is convicted of a criminal charge, consider the record of the proceedings of the court and may, if he is of the opinion that the junior officer should be dismissed or otherwise punished, punish the junior officer accordingly after he has been given a reasonable opportunity of being heard.

(2) The chief executive officer shall not be obliged to appoint an inquiry officer in the circumstances set out in paragraph (1).

Withholding of emoluments and increments

11.—(1) A junior officer convicted of a criminal charge shall not, unless the chief executive officer otherwise directs, receive any emolument from the date of conviction, pending consideration of his case by the chief executive officer.

(2) If any increment of a junior officer has been withheld pending the outcome of the criminal charge, the chief executive officer may order forfeiture of the withheld increment.

Acquittal by court

12. The chief executive officer may, where a junior officer is acquitted of a criminal charge, consider the record of the proceedings of the court and may, if he is of the opinion that the junior officer should be dismissed or otherwise punished, cause appropriate proceedings to be instituted under these Regulations.

Forfeiture of allowance, etc.

13.—(1) A junior officer who is dismissed forfeits all claims to any allowance or other benefit which he would have enjoyed, but for his dismissal.

(2) A junior officer whose increment is withheld pending disciplinary action may forfeit the withheld increment at the discretion of the chief executive officer.

Resignation during inquiry proceedings

14. A junior officer against whom disciplinary proceedings are instituted under these Regulations shall not, without the permission of the chief executive officer, resign or leave Singapore during the interval before the disciplinary proceedings are concluded.

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