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:

1. when the charge or charges of which the officer has been found guilty had been considered as a serious offence in terms of sub-paragraph (a) of paragraph (2) of regulation 20 of the Public Service Commission (Disciplinary Regulations) 1999;
2. where the penalty imposed by the Head of Department is or includes a "Warning of Dismissal";
3. 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 section 30 and 31 of the Public Service Commission (Disciplinary Procedure) Regulations, 1999.

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:

1. a disciplinary charge which the Head of Department had considered to be of a serious nature;
2. a case which the Head of Department had considered to warrant a warning of dismissal; 
3. a case 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 are strongly advised to consult Regulation 26,30,31,32 of the Public Service Commission (Disciplinary Procedure) Regulations, 1999.

Review of Past Disciplinary Cases

Section 33 of the Public Service Commission (Disciplinary Procedure) Regulations, 1999 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 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 Secretary of the 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.

          Disciplinary Procedure (ppt.) English Version  Maltese Version