CHAPTER 24 - JUDICATURE ADMINISTRATION ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Judicial Service Commission Regulations
JUDICIAL SERVICE COMMISSION REGULATIONS
[Section 14]
Arrangement of Regulations
PART I
PRELIMINARY
Regulation
1. Title and application
2. Interpretation
PART II
GENERAL
3. Presiding at meetings
4. Minutes
5. Quorum
6. Privilege for reports and records, etc.
7. Disclosure
8. Powers of Commission
9. Attendance allowance
10. Failure to appear or produce document
11. Matters to be considered by commission
12. Consultation and selection boards
13. Obligation to conform with regulations
14. Obligations to hear Chief Administrator
15. Obligations of Chief Administrator to appear before Commission
16. Irregular representations
PART III
APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS AND TERMINATION OF APPOINTMENTS (OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS)
17. Advertisements
18. Procedure and forms
19. Vacancies
20. Vacancies to be filled after course of study
21. Recruitment outside Zambia
22. Probationary appointment and confirmation of appointment
23. Acting appointment
24. Promotion
25. Further report
26. Regradings
27. Retirement on abolition of office to effect greater efficiency or economy
28. Retirement on medical grounds
29. Retirement in national interest
30. Early retirement
31. Retirement on attaining pensionable age
32. Renewal of agreements
PART IV
DISCIPLINE
33. Procedure when criminal offence may have been committed
34. Suspension of Judicial Officer
35. Suspension of disciplinary proceedings pending final determination of criminal proceedings
36. Suspension without pay following criminal conviction, detention or absence form duty without authority
37. Procedure after conviction of officers
38. Procedure after acquittal on criminal charge Regulation
39. Institution and form of disciplinary proceedings
40. Formal disciplinary proceedings
41. Summary disciplinary proceedings
42. Punishments which may be imposed by Commission Chief Administrator or disciplinary authority
43. Report and records of disciplinary proceedings determined by disciplinary authority or Chief Administrator
44. Appeals against punishment imposed by disciplinary authority
45. Appeals against punishment imposed by Chief Administrator
46. Retirement in public interest
47. Application of Part IV
48. Service of documents
PART V
MISCELLANEOUS
49. Removal of Judicial Officer for incompetence or negligence
50. Production of relevant documents, etc.
51. Correspondence
52. Cases not otherwise provided for
SI 8 of 1998.
PART I
PRELIMINARY
(1) These Regulations may be cited as the Judicial Service Commission Regulations, 1998.
(2) These Regulation shall not apply in relation to any of following Offices:
(a) the offices of Judge of the Supreme Court, High Court or Commissioner of the High Court; and
(b) the office of the Chief Administrator.
In these Regulations unless the context otherwise requires–
“Accused officer” means a judicial officer against whom disciplinary proceedings have been instituted;
“Board” means the Public Service Pensions Fund Board established under this Publish Service Pension Act;
“Chairman” means the Chairman of the Commissioner;
“Chief Administrator” means the Chairman Administrator of the Judicature appointed under section 3;
“Commission” means the Judicial Service Commission established by Article 123 of the Constitution;
“Disciplinary Authority” in relation to disciplinary proceeding, means the Head of Department or the Supervising Officer in the Judiciary;
“Judicial Office” means any office held by a member of staff of the Judicature as defined in section 2 of the Act;
“Head of Department” means a judicial officer in charge of a department;
“Member” means any member of the Commission;
“Secretary” means the Secretary to the Commission appointed under section 11 of the Service Commissions Act;
“Supervising officer” means–
(a) in relation to disciplinary proceedings, a judicial officer who has been designated by the Commission as the Supervising Officer, or the Chief Administration; and
(b) in all cases other than disciplinary proceedings, a judicial from whom that officer receives instructions regarding the day-to-day work.
PART II
GENERAL
Every meetings of the Commission shall be presided over by the Chairman or in the absence of the Chairman, by a member elected in that behalf by the members present at that meeting.
The Commission shall cause minutes to be kept of every
The Chairman or member presiding and four members shall constitute a quorum for a meeting of the Commission, and a like number of number of members will be required for a decision of the Commission arrived at, by the circulation of written papers.
6. Privilege for report and records etc.
Any report, statement or other communication or record of any meetings, inquiry or proceedings which the Commission may make in exercise of its function or any member may make in the performance of duties, and any application form, report or other communications dispatched to the Commission in connection with the exercise of its functions and in the possession of the Commission, shall be privileged and its production shall not be compelled in any legal proceedings unless the commission certifies that such production is not against the public is not against the public interest.
No member of the commission, the secretary or any member of staff of the Commission or any other person, shall publish or disclose to any person otherwise than, in the exercise of official function, the contents of any document, communication or information whatsoever which has come to the notice of that person in the course of duty.
The Commission may require any person to attend and give evidence before it, concerning any matter which it may properly consider in the exercise of its functions, and may require the production of any documents relating to any such matter by any person attending before it.
Any person attending before the Commission at the request of the Commission, other than a person who is applying for appointment to judicial service or a person in the judicial service, shall be entitled to be paid attendance allowance as determined by the commission.
10. Failure to appear or produce document
Any person, other than a person who is notified to appear before the Commission solely in connection with the application of that person for appointment to be judicial service, who–
(a) without reasonable cause, fails to appear before the commission when notified to do so; or
(b) wilfully fails to produce any document in that person’s possession when requested to do so by the Commission;
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding 50 penalty units.
11. Matters to be considered by Commission
In exercising its powers in connection with the appointment, promotion or transfer of judicial officers, the Commission shall have regard to the maintenance of the highest standard of integrity and efficiency necessary in the judicial service and–
(a) shall give due consideration to officers serving in the judicial service or the public service and to residents of Zambia;
(b) shall in the case of officers in the service, take into account qualifications, experience and merit as well as goods conduct; and
(c) where a post cannot be filled–
(i) by the appointment or promotion of a suitable person already in the service; or
(ii) by the appointment of a suitable person who has successfully completed a course of study or training acceptable to the Commission;
may call for applications by advertisement.
12. Consultation and selection boards
In exercising its powers in connection with the appointment or transfer of an officer in the service, the Commission may–
(a) consult with any other person or person; and
(b) seek the advice of a selection board constituted by the Chairman who may appoint to it members of the Commission and other persons
who are not members of the Commission.
13. Obligation to conform with regulations
The Commission shall not exercise its powers connection with the dismissal, the disciplinary punishment or the termination of appointment otherwise than in accordance with the provisions of these Regulations.
14. Obligation to hear Chief Administrator
The Commission, at the request of the Chief Administrator shall hear the Chief Administrator personally in connection with any recommendation made by the Chief Administrator to the Commission.
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15. Obligation of Chief Administrator to appear before Commission
The Commission may summon the chief Administrator to appear before it in connection with any recommendation made by the Chief Administrator to the Commission or under consideration of the Commission.
In carrying out its duties under the provision of the constitution and these Regulations, the Commission shall not take into account any representation made to it otherwise than in accordance with these Regulations:
Provided that nothing in this regulation shall be deemed to prohibit the Commission taking into account a bona fide reference or testimonial of service.
PART III
APPOINTMENT (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS AND TERMINATION OF APPOINTMENT(OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS)
The Commission may determine the form of advertisements issued in accordance with the provisions of paragraph (c) of regulation 11, the qualifications, to be specified in such advertisements and the manner in which such advertisements shall be published.
The Commission shall determine the procedure to be followed in dealing with applications for appointments to any Judicial office, including the proceedings and forms to be used by any selection board appointment by the Chairman to interview candidates.
When a vacancy occurs or it is known that a vacancy will occur in any Judicial office, the Chief Administrator shall report the fact to the commission and–
(a) if the Chief Administrator recommends that the vacancy should be filled by the appointment or promotion of a serving judicial officer, the Chief Administrator shall inform the Commission;
(b) if the Chief Administrator is unable to recommend the promotion of a serving judicial officer to fill a vacancy, the Chief Administrator shall inform the Commission of the names of the officers in the particular grade or cadre from which the promotion would normally be made, the state reasons why the officers named are not suitable for promotion to the vacant post;
(c) if the Chief Administrator recommends that application to fill the vacancy should be invited from serving judicial officers, the Chief Administrator shall attach to the report a draft advertisement setting out details of the vacant post and the duties and qualifications attached to it;
(d) if the Chief Administrator is unable to recommend that the vacancy should be filled immediately, the Chief Administrator shall inform the commission and state the reasons therefore.
20. Vacancies to be filled after course of study
Where a vacancy is to be filled on the successful completion of a course of study or training designed to qualify a candidate for appointment to the judicial service, the commission may make such arrangements as it considers appropriate.
21. Recruitment outside Zambia
(1) Whenever the Commission recommends that a particular vacancy should be filled by recruitment from outside Zambia the Commission shall take appropriate steps to effect the required recruitment.
(2) The recruitment of a non-Zambia expert, adviser or volunteer by whatever title known, under multilateral or bilateral arrangements shall be considered as recruitment from outside Zambia for the purposes of these regulations.
22. Probationary appointment and confirmation of appointment
(1) Where a judicial officer holds a probationary appointment, three months before the expiration of the period of probationary appointment, the Chief Administrator shall indicate–
(a) whether such judicial officer should on the expiration be confirmed in a pensionable post;
(b) whether a further period of probationary service is necessary determine whether the officer should be so confirmed; or
(c) whether the officer should remain in the service.
(2) If after consideration of the matters referred to ion sub-regulations (1), the chief Administrator is of the opinion that a judicial officer on probationary appointment should be confirmed in a pensionable appointment, the Chief Administrator, may before the expiration of the period of probationary appointment, forward a recommendation that the officer be confirmed by the Commission.
(3) If after consideration of the matter referred to in sub-regulation (1), the Chief Administrator is of the opinion that the work or conduct of a judicial officer in a probationary appointment has not been in all respects satisfactory, the Chief Administrator shall inform the officer in writing and indicate whether the proposes to recommend–
(a) an extension of the officer’s probationary service to allow the officer to overcome the defects noted; or
(b) that the probationary appointment of that officer should be terminated.
(4) The Chief Administrator shall, when giving to a judicial officer the information mentioned in sub-regulation (3), ask the officer if that officer has any representation to make, within a period to be appointed by the chief Administrator, on the recommendations proposed. On the expiration of the period allowed the officer to make any representations, the Chief Administrator shall forward a report on the officer, together with a copy of the letter to the officer and of the latter’s representations, if any, and a recommendation either that the period of probationary service should be extend or that the officer should not remain the judicial service to the Commission.
(5) Where a judicial officer holds a probationary appointment and the Chief Administrator, at any time during the period of the probationary appointment, is of the opinion that the appointment should be terminated forthwith on the grounds of general unsuitability which renders the officer, the procedure prescribed in sub-regulations (3) and (4) shall be followed.
(1) If the Chief Administrator recommends that a judicial officer should act for a period of not less than 30 days in a post higher than that held substantively, and that higher post is a post carrying acting allowance, the Commission shall be informed accordingly.
(2) In considering recommendations for acting appointments, the commission shall apply the standards prescribed in regulation 11, except that consideration may also be given to the interests of the institutional efficiency.
An officer being considered for promotion will normally be required to act in such a post for a specified period before being considered for substantive promotion to that post. The Commission may, however, promote an officer substantively to a higher post without requiring the officer to act in that post.
If upon consideration of a recommendation made by the Chief Administrator under regulations 22, 23 and 24 that an officer should be confirmed in a pensionable post, the commission is of the opinion that it requires further information, it may refer the matter back to the chief Administrator for a further report.
All recommendations for regradings shall be submitted by the Supervising Officers and Heads of Department to the chief Administrator who shall refer them, with comments to the commission for consideration and determination.
27. Retirement on abolition of office to effect greater efficiency or economy
The Commission may, on the recommendation of the Chief Administrator, retire a judicial officer on the abolition of the officer’s office to effect greater efficiency or economy in that section or department to which that officer belongs.
28. Retirement on medical grounds
The Commission may retire an officer on medical evidence that an officer is incapable, by reason of son infirmity of mind or body, of discharging the duties of that officer’s and that such infirmity is likely to be of long standing.
29. Retirement in national interest
(1) The Commission may retire an officer in the national interest.
(2) Retirement in the national interest , shall be limited to cases where an officer has to relinquish appointment at the instance of Government, either to take up another appointment outside the Judicial service, or for other reasons of Government policy.
The Commission may, in consultation with the Board authorise earlier or later dates for retirements of any of its officers in accordance with the Public Service Pensions Act.
31. Retirement on attaining pensionable age
(1) The Head of Department shall not later than six months before a judicial officer attains pensionable age as defined in the Public Service Pensions Act, notify such officer and the Chief Administrator of that officer’s impending date of retirement.
(2) The Chief Administrator shall forward the Head of Department’s notice to the secretary to the Commission for record purposes.
(1) Where a judicial officer is serving on agreement for a specified period of service and the Supervising Officer or Head of Department in which the officer is employed desires the services of that officer for a further tour of service, then not later than three months before the officer’s last day of duty, the Supervising Officer or Head of Department shall request the officer in writing to apply to be engaged for a further period of service.
(2) If the judicial officer requested under sub-regulation (1)–
(a) states the wish not to be engaged for a further period of service, no further action will be necessary;
(b) applies to be engaged for a further period of service, the Supervising Officer or Head of Department shall forward to the Chief Administrator the application of the officer together with the recommendation.
(3) The Chief Administrator on receipt of the information under sub-regulation (2) shall forward the officer’s application and the Supervising Officer or Head of Department’s recommendation with the comments of the Chief Administrator to the Commission for consideration and determination.
(4) Where a judicial officer is serving on agreement for a specified period of service and the Supervising Officer or Head of Department in which the officer is serving does not wish to retain the services of that officer for a further period of service, the Supervising Officer or Head of Department shall so inform the officer in writing not later than six months before the officer’s last day of duty and ask the officer if that officer has any representations to make within a period to be specified by the Supervising Officer or Head of Department.
(5) If the judicial officer informed under sub-regulation (4) does not wish to make any representations or stats the wish not to be engaged for a further period of service, no further action shall be necessary.
(6) The Supervising Officer of Head of Department shall forward a full statement of the reasons for recommendation that the officer should not be engaged for further service, a copy of the supervising officer’s letter to the officer and the latte’s representations and comments thereon, to the Chief Administrator who shall forward them, with comments to the Commission for consideration and determination.
PART IV
DISCIPLINE
33. Procedure when criminal offence may have been committed
(1) Whenever it comes to the notice of the Supervising Officer or Head of Department, that a criminal offence likely to warrant disciplinary proceedings may have been committed by a judicial officer, the disciplinary authority shall ascertain whether or not criminal proceedings will be instituted against the judicial officer and inform the Chief Administrator forthwith.
(2) Where the chief Administrator is informed that criminal proceedings are not being institute under sub-regulation (1), the Chief Administration shall decide whether disciplinary proceedings ought to be instituted against the judicial officer and give directions accordingly.
(3) Whenever criminal proceedings are instituted against a judicial officer, the Supervising Officer or Head of Department, shall submit a report forth with to the Chief Administrator, setting out the facts of the case, together with a statement as to whether the judicial officer has been suspended under regulations 34.
34. Suspension of judicial officer
(1) The Chief Administrator may suspend a judicial officer from the exercise of the powers and functions of the officer’s office if satisfied that–
(a) the public interest so requires;
(b) criminal proceedings have been instituted against the judicial officer; or
(c) disciplinary proceedings for the dismissal of the judicial officer have been or are about to be instituted against the officer.
(2) Whenever the Chief Administrator suspends a judicial officer under this regulation, the Chief Administrator shall notify the judicial officer in writing of the reasons therefore an shall forward a copy to the notice to the Commission for record purposes.
(3) A judicial officer, who is suspended under sub-regulation (1) shall, during the period of suspension, receive 50 per centum of basic salary.
(4) Where criminal proceedings or disciplinary proceedings have been instituted against a judicial officer under suspension and the judicial officer–
(a) is not convicted as a result of the criminal proceedings, if any; and
(b) is not subjected to any punishment under these regulations a result of the disciplinary proceedings;
the whole amount of the judicial officer’s emoluments withheld under sub-regulation (3) shall, upon the expiry of the period suspension, be paid.
(5) Where criminal proceedings or disciplinary proceedings have been instituted against a judicial officer under suspension and the judicial officer–
(a) is not convicted as a result of the criminal proceedings ,if any; and
(b) is subjected to any punishment under these regulations, other than dismissal, as a result of the disciplinary proceedings; the judicial officer shall, upon the expiry of the suspension period be paid such proportion of the basic salary withheld under sub-regulation (3) as the Commission may direct.
(6) Subject to the provisions of sub-regulation (3), the suspension of a judicial officer, shall have effect during such period, and in accordance with such conditions, as the Chief Administrator shall specify by notice in writing to such affected officer.
(7) The Chief Administrator shall forward a copy of the notice referred to in sub-regulation (6) to the Commission which may at any time shorten or extend the suspension of the judicial officer.
(8) A judicial officer who is suspended under this regulation, shall not leave Zambia without the permission of the Chief Administrator during the period of suspension.
(9) In this regulation “criminal proceeding” include investigations into malpractice, corruption and embezzlement of public funds.
35. Suspension of disciplinary proceeding pending final determination of criminal proceedings
Where criminal proceedings are instituted against a judicial officer, no disciplinary proceedings shall be instituted against the judicial officer upon any ground which is the subject of the criminal proceedings, or if the disciplinary proceedings have been instituted, they shall be suspended, until the conclusion of the criminal proceedings, and the determination of any appeal there from.
36. Suspension without pay following criminal conviction, detention or absence from duty without authority
(1) Where, as a result of criminal proceedings, a judicial officer is convicted of an offence likely to warrant disciplinary proceedings for the dismissal of that officer, the Chief Administrator shall, by notice in writing to the officer, suspended the officer from the exercise of the powers and function of the officer and shall forward a copy of the notice to the Commission for record purposes.
(2) Where disciplinary proceedings are instituted against a judicial officer suspended under sub-regulation (1) of this regulation or paragraphs (b) and (c) of sub-regulation (1) of regulation 34, the Chief Administrator shall direct that the emoluments of the judicial officer be withheld, as from the date of the officer’s conviction pending the determination of the disciplinary proceedings.
(3) Where disciplinary proceedings which are instituted against a judicial officer suspended under this regulation do not result in the dismissal of the officer, the officer shall be paid such proportion of emoluments withheld under sub-regulation (2) as the commission may direct.
(4) Where a judicial officer–
(a) is absent from duty without authority for more than ten days; and
(b) is detained under the Preservation of Public Security Regulations; the Chief Administrator shall direct that the emoluments of the judicial officer be withheld as from the date of that officer’s absence from duty or detention pending the determination of disciplinary proceedings.
(5) Subject to the provisions of this regulation, the suspension of a judicial officer shall have effect during such period and in accordance with such conditions as the Chief Administrator, shall specify in writing to such judicial officer.
(6) The Chief Administrator shall forward a copy of the notice under sub-regulation (5) to the Commission which may at any time during the period of suspension abridge or extend the suspension of the judicial officer.
37. Procedure after conviction of officer
(1) This regulation shall apply to any judicial officer.
(2) Where a judicial officer, is as a result of criminal proceedings, convicted of an offence likely to warrant disciplinary proceedings, such disciplinary proceedings shall, subject to the provision of regulation 36 be instituted and determined in accordance with this regulation.
(3) Upon the conviction of a judicial officer, the supervising officer or head of department shall obtain–
(a) a true copy of the charge;
(b) a true copy of the judgement of the court, under which the judicial officer was convicted; and
(c) in the case of any appeal, a true copy of the judgement of any court which determined the appeal.
(4) The Supervising Officer or Head of Department, shall institute disciplinary proceedings against a judicial officer under this regulation by submitting the documents obtained under sub regulation (3) to the Chief Administrator, who shall pursue the same and submit them together with the Chief Administrator’s written comments to the Commission.
(5) The Commission may consider any disciplinary proceedings instituted against a judicial officer under this regulation upon perusal of the documents referred to in sub-regulation (3) and may, in like manner, determine whether the judicial officer is to be dismissed or subjected to son e other punishment on account of the offence of which the officer is convicted.
38. Proceedings after acquittal on criminal charge
A judicial officer acquitted of a criminal charge in a court of law, may be punished by disciplinary action for any other misconduct arising out of the same circumstances.
39. Institution and form of disciplinary proceedings
(1) Subject to the provisions of regulation 33, disciplinary proceedings against a judicial officer under these Regulations shall be instituted by the disciplinary authority:
Provided that the Chief Administrator may, where necessary assume and exercise the functions of the disciplinary authority in relation to the disciplinary proceedings and without prejudice to the provisions of sub-regulation (3) of Regulation 42, the provisions of these Regulation shall apply to such disciplinary proceedings with necessary modifications as they apply to disciplinary proceedings instituted by a disciplinary authority.
(2) Subject to the provisions of Regulation 34, where disciplinary proceedings are instituted against–
(a) a judicial officer who has committed misconduct in such manner as would, in the opinion of the disciplinary authority warrant a dismissal or discharge or reduction in rank or reduction in salary, there shall be formal disciplinary proceedings; and
(b) a judicial officer who has committed misconduct in such manner as would, in the opinion of the disciplinary authority, warrant punishment other than a punishment referred to in paragraph (a), there shall be summary disciplinary proceedings.
(3) In this Regulation–
“formal disciplinary proceedings” means disciplinary proceedings under Regulation 40; and
“summary disciplinary proceedings” means disciplinary proceedings under Regulation 41.
40. Formal disciplinary proceedings
(1) Any disciplinary proceedings instituted against a judicial officer referred to in paragraph (a) of sub-regulation (2) of Regulation 39 shall be instituted and determined in accordance with this Regulation.
(2) Whenever a disciplinary authority institutes disciplinary proceedings against a judicial officer under this Regulation, the authority shall do so after ascertaining whether criminal proceedings will be instituted against the judicial officer, by delivering to the officer a written statement setting out particulars of the charge and of the grounds upon which the disciplinary proceedings are instituted together with a notice requiring the accused officer to submit to the disciplinary authority within such period as the disciplinary authority shall specify, an exculpatory statement in writing, of the grounds on which the accused officer relies for exculpation.
(3) Upon the expiry of the period specified in the notice delivered to the accused officer under sub-regulation (2), the disciplinary authority shall consider the exculpatory statement, if any, of the accused officer and may–
(a) clear the accused officer and inform the officer accordingly in writing;
(b) subject to the provisions of Regulation 38, impose such punishment on the accused officer as is proper, having regard to all circumstances of the case; or
(c) submit the case, together with a statement of the charge of charges, and the exculpatory statement, if any, of the accused officer and the written comments of the disciplinary authority, to the Chief Administrator.
(4) The Chief Administrator shall submit the documents submitted under sub-regulation (3), together with the Chief Administrator’s written comments, to the Commission for consideration and determination.
(5) Where it appears to the Commission, upon consideration of the report of the Chief Administrator and the exculpatory statement, if any, of the accused officer and all other documents submitted for its consideration under sub-regulation (4), that further investigation of the case is necessary, the Commission may, subject to the provisions of sub-regulation (6) appoint a committee to carry out such further investigation as the Commission may direct.
(6) A committee appointed under sub-regulation (5) (hereinafter referred to as “the committee”) shall consist of not less than three members who shall be judicial officers and who shall be appointed with due regard to the office of the accused officer.
(7) The Commission shall, as soon as may be practicable and before it takes any further step in carrying out an investigation under this Regulation, give notice, in writing to the accused officer stating that, on a date, place and time, specified in such notice, it intends to investigate the matters which shall be specified in the notice, and that the accused officer is required or, as the case may be, permitted to appear before the committee during the investigation.
(8) Whenever any person other than the accused officer is questioned by the committee in the course of an investigation under this Regulation, the accused officer shall be given an opportunity of being present and of putting questions such person, and any document used by the committee in the course of its investigation shall be made available for scrutiny by the accused officer.
(9) If the accused officer so requires and it appears to the committee necessary or desirable, the committee may permit the accused officer to be represented by a legal practitioner or by a public or judicial officer nominated by the accused officer or nominated, with the consent of the accused officer, by the committee, and the provision of sub-regulation (9) shall apply in relation to such legal practitioner or such judicial officer as they apply to the accused officer.
(10) Where it appears to the committee as a result of its investigation under this Regulation, that there are grounds for instituting disciplinary proceedings other than those in respect of which the committee is appointed, against the accused officer, the committee shall so inform the commission in writing.
(11) On completion of its investigation under this Regulation, the committee shall prepare and submit to the Commission a written report setting out the matters investigated by the committee, and such report shall include–
(a) a statement whether, in the opinion of the majority of the members of the committee, the accused officer committed the offence or offence alleged against the officer and investigated by the committee, and a brief statement of the reason for that opinion;
(b) particulars of any matter which in the opinion of the majority of the members of the committee, tend to aggravate or mitigate as the case maybe, the gravity of the case; and
(c) a clear summary of the findings of the committee or, in the case of dissent among the members, of the majority of the members thereof, on the matter investigated by the committee:
Provided that the committee shall not make any recommendation as to, otherwise comment on, the form of punishment which may be imposed on the accused officer.
(12) The Commission may, after consideration of the report submitted to it under sub-regulation (11), refer the report to the committee for clarification on any matter arising from the report or for further investigation and report under this Regulation as the Commission may direct, and the committee shall comply with such direction as soon as may be practicable.
(13) The commission shall consider all matters submitted to it for its consideration and determination under this Regulation, including any report submitted under sub-regulation (11) or (12) and shall determine, whether any punishment is to be imposed on the officer, and it shall give directions accordingly.
(14) The disciplinary authority shall give notice in writing to the accused officer of any punishment imposed on that officer under this Regulation, and the notice shall be, except in the case of a punishment imposed by the Commission, a severe reprimand or reprimand, and shall inform the accused officer of the right to appeal under Regulation 44.
41. Summary disciplinary proceedings
(1) Any disciplinary proceedings instituted against a judicial officer referred to in paragraph (b) of sub-regulation (2) of Regulation 39 shall be instituted and determined in accordance with this Regulation.
(2) Whenever a disciplinary authority institutes disciplinary proceedings against a judicial officer under this Regulation, the disciplinary authority shall, after such investigation as the authority considers necessary, deliver or cause to be delivered to the accused officer a written, setting out particulars of the charge or such disciplinary proceedings as instituted.
(3) The written statement referred to in sub-regulation (2) shall included a notice requiring the officer to submit to the disciplinary authority, within such period as the disciplinary authority shall specify, an exculpatory statement in writing of the grounds on which the accused officer relies for exculpation.
(4) Upon the expiry of the period specified in the notice delivered to the accused officer under sub-regulation (2) , the disciplinary authority shall consider the exculpation statement, if any, of the accused officer and shall–
(a) subject to the provisions of Regulation 42, impose such punishment on the accused officer as is proper, having regards to all the circumstances of the case; or
(b) clear the accused officer and inform the officer accordingly in writing.
(5) Notwithstanding the other provisions of this Regulations, where it appears to the disciplinary authority, after such investigation as are considered necessary, that disciplinary proceedings instituted under this Regulation would warrant a punishment not more service than a reprimand, the disciplinary authorised may institute the disciplinary proceedings by conveying a reprimand to the accused officer without a written statement of the charge or the grounds upon which the disciplinary proceedings are instituted; it shall be sufficient compliance with the Regulation if the disciplinary confirms the reprimand and specifies the reasons therefore.
(6) Except in the case of a reprimand imposed under sub-regulation (5), the disciplinary authority shall give notice in writing to the accused officer, of any punishment imposed under this Regulation.
(7) Every notice given under sub-regulation (6) shall inform the accused officer of the right to appeal under Regulation 44.
42. Punishments which may be imposed by commission, Chief Administrator or disciplinary authority
(1) The commission may impose any one or more of the following punishments under these Regulations–
(a) dismissal or retirement in the public interest under Regulation 46;
(b) discharge, by due notice or by payment of salary in lieu thereof;
(c) reduction in rank;
(d) fine or restitution;
(e) reduction in salary;
(f) deferment of increment;
(g) stoppage of increment;
(h) withholding of increment;
(i) severe reprimand; or
( j) reprimand.
(2) The Chief Administrator may impose on judicial officer as determined by the Commission, any one or more of the following punishments under these Regulations–
(a) reduction in rank;
(b) fine or restitution;
(c) reduction in salary;
(d) deferment of increment;
(e) stoppage of increment;
(f) withholding of increment;
(g) severe reprimand; or
(h) reprimand:
Provided that in respect of judicial officers in certain posts, the Chief Administrator may severely reprimand or reprimand such officers and shall make a report to the Commission of all disciplinary proceedings determined by the chief Administrator under this sub-regulation.
(3) A head of department may impose on a judicial officer as determined by the commission, any of the following punishments under these Regulations–
(a) withholding of increment;
(b) severe reprimand; and
(c) reprimand
(4) A supervising officer may impose on a judicial officer any of the following punishments under these Regulations–
(a) severe reprimand; and
(b) reprimand.
43. Report and records of disciplinary proceedings determined by disciplinary authority or Chief Administrator or Chief Administrator
(1) A disciplinary authority shall make a report of all disciplinary proceedings instituted and determined by the authority including disciplinary proceedings where no punishment is imposed, to the Chief Administrator.
(2) The Supervising Officer or Head of Department shall make a report to the Chief Administrator of every case where disciplinary proceedings are determined under these Regulations, together with a copy of any notice required to be given under Regulation 34 or 36 of the Result of such disciplinary proceedings.
(3) The Chief Administrator shall review all disciplinary proceedings reported under sub-regulation (1) and may, if the chief Administrator considers that the punishment imposed was too severe, or too lenient, or that no punishment should have been imposed where punishment was imposed, refer the matter to the Disciplinary authority for further report, as the Chief Administrator may direct.
(4) The Chief Administrator shall keep records of all matters submitted or required to be submitted to the chief Administrator under this Regulation and shall submit them to the Commission from time to time, as the commission may direct.
44. Appeals against punishment imposed by disciplinary authority
A judicial officer may within 21 days appeal to the Chief Administrator against any punishment imposed by the Head of Department or Supervising Officer.
45. Appeals against punishment imposed by chief Administrator
(1) Except in the case of punishment imposed by the commission , a judicial officer may appeal to the Commission against any punishment other than a severe reprimand or reprimand imposed under these Regulations.
(2) Every appeal made by a judicial officer under this Regulation shall be in writing, addressed to the disciplinary authority, or as the case may be to the chief Administrator, by whom the punishment is imposed, and shall set clearly the grounds of appeal. Every such appeal shall be delivered to the disciplinary authority or to the Chief Administrator not later than 21 days from the date of the notice given to such judicial officer informing the officer of the punishment imposed.
(3) Every appeal under this regulation, shall be delivered to the Supervising Officer or Head of Department under sub-regulation (2) and shall be submitted by the disciplinary authority to the Chief Administrator.
(4) The Chief administrator shall submit every appeal under this Regulation to the Commission for consideration and final determination.
(5) In considering any appeal under this Regulation, the Commission may give such direction under sub-regulation (4) of Regulation 43 as it may deem necessary for the purpose of determining the appeal.
(6) Every determination of an appeal by the Commission under Regulation, shall have effect in accordance with the directions of the commission, and notice in writing there of shall be given by the Chief Administrator to the appellant.
46. Retirement in public interest
(1) Notwithstanding the provisions of these Regulations, if the Chief Administrator considers that a judicial officer should be retired at an earlier date than the date specified under section 33 of the Public Service Pensions Act on the grounds of–
(a) failure to perform the officer’s duties;
(b) incompetent performance of the officer’s duties; and
(c) any other disciplinary offence; the Chief Administrator shall inform the officer and shall afford the officer an opportunity, within a period to be determined by the chief Administrator, of showing cause why the officer should be retired from the judicial Service.
(2) If, on the expiration of the period allowed to the officer to show cause why the officer should not be retired from the Judicial Service, the Chief Administrator after considering such statement, if any, any having regard to all the circumstances of the case, is of the opinion that such judicial officer should be retired in the public interest and receive retirement benefits, the Chief Administrator shall forward the findings and statement of the judicial officer to the commission for determination.
(3) if upon consideration of the report made by the chief Administrator in pursuance of sub-regulation (2), the Commission is of the opinion that the facts disclosed warrant the dismissal of the accused officer or the imposition of some lesser penalty than dismissal, the Commission shall determine whether the accused officer or subjected to some lesser disciplinary punishment without any of the proceedings prescribed in Regulations 39, 40 or 41 being instituted.
(4) Notwithstanding the provisions of the Regulation, the commission may retire an accused officer in the public interest on the basis of the proceedings instituted under the provisions of Regulations 39, 40 or 42 without any of the proceedings prescribed in sub-regulation (1) being instituted.
(1) Subject to the provisions of Regulation 2, the provisions of this Part shall apply to every judicial officer , including a judicial officer serving on contract or agreement , whether on a temporary basis or otherwise.
(2) Any term or condition in the contract or agreement providing for the termination of service of a judicial officer referred to in sub-regulation (1) , shall be construed to be in addition to, and not in derogation of, the provisions of this Part.
Where, under the provision of these regulations–
(a) it is necessary to deliver or serve or communicate any information, notice, charge or other document to or upon any judicial officer by reason of such officer having been absent from duty; and
(b) it is not possible to effect such delivery or service or to communicate such information to such judicial officer personally, it shall be sufficient, if such notice, charge or other document, or a letter containing such information, is served upon such judicial officer by registered post to the known address of the officer.
PART V
MISCELLANEOUS
49. Removal of judicial officer for incompetence or negligence
(1) If the Chief Administrator is of the opinion that a judicial officer has been repeatedly so reckless or negligent in the performance of duties or is manifestly so incompetent that further continuance as a judicial officer would be inimical to the public interest, the Chief Administrator shall request in writing the immediate Supervising Officer , and in addition, in the case of a judicial officer being an adjudicator, the Chief administrator shall ask one of the Judges or Magistrates as the case may be who has had an occasion to sit in appeal or revision over the judgments passed or orders made by the judicial officer, to make a report on the work and competence of the judicial officer.
(2) The Chief Administrator shall reports referred to in sub-regulation (1) together with comments thereon to the commission, where upon the Commission may, notwithstanding anything to the contrary contained in these Regulations, direct that the judicial officer shall without any further proceedings be removed from office or make such other order as it thinks proper in the circumstance of the case.
50. Production of relevant documents, etc.
Any judicial officer who submits any matter, for the consideration of the commission, shall ensure that all relevant documents and papers are made available to the commission. The commission , may require the production of any further documents or information relevant to the matter under consideration.
All correspondence for the commission from the Chief Administration and other persons shall be addressed to the Secretary.
52. Cases not otherwise provided for
Any case not covered by these Regulations shall be reported to the Secretary and the Commission shall determine the procedure to be adopted.{/mprestriction}