Public Service Commission (Delegation of Disciplinary Functions) Directions 1997

No. S 96

Constitution of the Republic of Singapore

In exercise of the powers conferred by Article 116(3) of the Constitution of the Republic of Singapore, the Public Service Commission hereby makes the following Directions:

Citation and commencement

1. These Directions may be cited as the Public Service Commission (Delegation of Disciplinary Functions) Directions 1997 and shall come into operation on 1st April 1997.

Definitions

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

“Commission” means the Public Service Commission;

“officer” means a public officer holding an appointment in Division I Grade III, or any rank or grade below that, whether such officer is holding a permanent, temporary or contract appointment, but does not include an administrative officer;

“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.

Delegation to Permanent Secretary

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

(2) The 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 misconduct 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 may allow; and

(b)

where the Permanent Secretary is of the opinion that the complaint requires further investigation, he shall appoint to conduct the investigation a public officer —

(i)	of not less than Division II rank; and
(ii)	of a rank or grade senior to that of the officer under 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 is guilty of any misconduct, impose one of the following penalties:

(a)	fine not exceeding one month’s total emoluments or $200, whichever is the 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 penalties specified in paragraph (1), issue the officer with a written warning.

Variation by Commission

6.—(1) Notwithstanding direction 5, the Commission may, within one month of the imposition of a penalty by the Permanent Secretary, vary the penalty by way of enhancement, reduction, substitution or otherwise.

(2) Where the Commission varies the penalty by way of enhancement, the enhanced penalty shall not be imposed on the 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 a report within 7 days of the imposition of the penalty to the Commission containing a summary of the facts of the case and the penalty imposed.

Recommendation for more severe penalty

8. Where the Permanent Secretary considers that a more severe penalty than that provided for under these Directions should be imposed, he shall submit a recommendation to the 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 regulations as may be in force, except that the officer shall not be punished twice in respect of the same facts giving rise to the misconduct.

Revocation

10. The Public Service (Disciplinary Proceedings — Delegation of Functions) Directions (Dir 1) are revoked.

Made this 14th day of March 1997.

LIM HUP SENG

Secretary,
Public Service Commission,
Singapore.

[PSC/C/71/69; AG/SL/7/95/1]

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