DISCIPLINARY PROCEDURE IN 
THE PUBLIC SERVICE COMMISSION [ S.L.Const.03 1
SUBSIDIARY LEGISLATION CONST.03
DISCIPLINARY PROCEDURE IN THE PUBLIC SERVICE 
COMMISSION REGULATIONS
1st February, 2000
LEGAL NOTICE 186 of 1999.
ARRANGEMENT OF REGULATIONS 
Regulations
Preliminary 1 -10
PART I Suspension and Interdiction 11 -12
PART II  Criminal Offences 13 -16
PART III  Disciplinary Proceedings under Delegated Authority 17 - 27
PART IV  Disciplinary Proceedings when Disciplinary Powers have 
not been delegated  28
PART V  Offences and Penalties 29
PART VI Appeals from Disciplinary Decisions and Review of Past
Recommendations of the Commission 30 - 33
PART VII Removal from Office 34 - 36
PART VIII  Miscellaneous 37 - 43
SCHEDULE OF OFFENCES AND PENALTIES
2 [ S.L.Const.03
DISCIPLINARY PROCEDURE IN 
THE PUBLIC SERVICE COMMISSION
PRELIMINARY
Title. 1. The title of these Regulations is Disciplinary Procedure in
the Public Service Commission Regulations.
Interpretation. 2. In these Regulations, unless the context otherwise
requires-
"Attorney General " means the Attorney General appointed under
article 91 of the Constitution or a legal officer in the public service
authorised by him;
"Board” means a Disciplinary Board appointed as provided in
regulation 21;
"Head of Department” means any head of department of
government appointed under article 92(4) of the Constitution or of
any other specific provision of the Constitution and includes any
public officer or authority to whom power to exercise disciplinary
control has been delegated in accordance with article 110 of the
Constitution;
"Head of the Public Service” means the Permanent Secretary in
the Office of the Prime Minister, or a senior public officer so
designated by the Prime Minister after consultation with the
Commission;
"Constitution” means the Constitution of Malta as enacted by the
Malta Independence Order, 1964 and as subsequently amended;
"Commission” means the Public Service Commission as
constituted under article 109 of the Constitution;
"the 1977 Regulations” means the Public Service Commission
(Disciplinary Procedure) Regulations, 1977;
"salary” means basic salary or, as the case may require, basic
wage;
"Secretary” means the Secretary of the Public Service
Commission;
"Permanent Secretary” means a public officer appointed as
Permanent Secretary in terms of article 92(3) of the Constitution;
"public service” or  "service” means the public service as defined
by article 124(1) of the Constitution;
"suspend” or  "suspension” means suspend or suspension from
work on not less than half pay unless  "suspension” refers to a
penalty in which case it means suspension without pay;
"public officer” or  "officer” means a public officer as defined by
article 124(1) of the Constitution.
Powers of the 
Commission.
3. (1) The Commission may, at its discretion, enquire into the
exercise of disciplinary control by any Head of Department.
(2) Notwithstanding anything in these regulations, the
Commission shall have power to take or to refrain from taking such
action as it may deem appropriate to take or not to take in the
circumstances, and any request or directive by the Commission to
any public officer, Board or other authority, other than the Prime
DISCIPLINARY PROCEDURE IN 
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Minister, performing functions under these regulations or otherwise
under the authority or on behalf of the Commission shall be
complied with by any such public officer, Board or authority.
(3) Where the Commission considers that a Head of
Department has abused or misused his delegated authority or has
failed to exercise proper disciplinary control in his department, it
shall conduct such enquires as it may consider necessary in order to
establish whether the delegated authority has actually been abused
or misused or disciplinary control has been properly exercised and
may recommend to the Prime Minister that the instrument of
delegation in respect of that Head of Department be withdrawn or
amended and, where appropriate, that disciplinary action be taken
in terms of these Regulations.
(4) Where the Commission is satisfied that a public officer,
Board or other authority, other than the Prime Minister, performing
functions under these regulations has failed to comply with any
request made or directive given by the Commission for the
purposes of sub-regulation (2) of this regulation, or has failed to
observe any of these Regulations, or has failed to perform
satisfactorily the functions required of him under these regulations,
or has failed to comply with any requirement thereof or any
prohibition contained therein, it may recommend to the Prime
Minister that disciplinary action be taken in respect of the
defaulting officer, Board or other authority in terms of these
Regulations.
(5) Nothing in these regulations shall prevent the Commission
with the consent of the Prime Minister from issuing instructions
and guidelines to Heads of Department and other officers
concerning the interpretation and operation of these Regulations.
Official conduct 
and liability to 
disciplinary 
proceedings.
4. An officer shall become liable to proceedings under these
regulations for conduct that brings the public service into disrepute,
or for misconduct, or for any breach of discipline or code of ethics,
or for unsatisfactory work and, without prejudice to the generality
of the foregoing: 
( a ) for any breach of, or failure to comply with, any laws,
rules, regulations or codes governing from time to time
the public service, or the conduct of public officers, or
the transaction of government business; or
( b ) for any breach of, or failure to comply with, any lawful
order, direction or instruction, whether written or
verbal, that may properly be given by a superior
officer or authority.
Offences to be 
reported without 
delay.
5. An officer shall report to the Head of Department any
misconduct or breach of discipline committed by an officer of
whom he is in charge immediately the offence becomes known to
him, and in no case later than five working days after he becomes
aware of the offence, unless he has taken action in terms of
regulation 18.
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Rights of an officer 
answering 
disciplinary 
charges.
6. (1) Prior to the commencement of the hearing of the case,
an officer charged with offences indicated in regulation 4 shall be
entitled to know the whole case against him, shall have adequate
opportunity of making his defence and shall have access to all
documentary evidence. Any documentary evidence produced after
the commencement of the hearing of the case shall not be used
against the officer unless the officer has been previously supplied
with a copy thereof or given access thereto and given reasonable
time to consider and reply thereto.
(2) An officer answering disciplinary charges shall be entitled
to the assistance of a person of his choice in the preparation and
presentation of his case and at every stage of any hearing before a
Disciplinary Board or before the Commission, including any
hearing on appeal.
(3) An officer answering disciplinary charges shall be entitled,
as soon as possible but not later than twenty working days after the
conclusion of the disciplinary proceedings, to know the decision on
any report or charge and the penalty, if any, imposed upon him.
Such information shall be communicated in writing by the Head of
Department or the Secretary to the Commission, as the case may
be.
Department 
representatives in 
disciplinary 
hearings, etc.
7. A Head of Department preferring charges of misconduct or
breach of discipline against an officer shall be entitled to be
represented by any person of his choice, at every stage of any
hearing before a Disciplinary Board or before the Commission,
including any hearing on appeal.
Proceedings by 
Head of the Public 
Service.
8. (1) Whenever the public officer against whom disciplinary
proceedings are to be taken happens to be a Head of Department, or
a Director to whom powers to exercise disciplinary action has been
delegated, the Head of the Public Service shall take such action as a
Head of Department is empowered to take under these regulations.
(2) Where the Head of the Public Service considers that there
exist justifiable reasons or circumstances which make it inadvisable
for a Head of Department to involve himself in disciplinary action
relating to a particular officer under his charge, the Head of the
Public Service shall take such action as that Head of Department is
empowered to take under these regulations.
Proceedings 
against a public 
officer not serving 
in a department of 
government.
9. Whenever the public officer against whom disciplinary
proceedings are to be taken happens to be serving in an office or
establishment which does not form part of any department of
Government, the Head of the Public Service shall take such action
as a Head of Department is empowered to take under these
regulations:
Provided that the Prime Minister acting on the
recommendation of the Public Service Commission may delegate
such power to a senior officer of such office or establishment under
such conditions as may be specified in the instrument of delegation.
General powers of 
supervision.
10. Nothing in these Regulations shall be deemed to detract
from the power and duty of any officer to draw the attention of any
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officer under his charge as to his conduct, the observance of
regulations and instructions and the proper manner of carrying out
his duties.
PART I – SUSPENSION AND INTERDICTION
Summary 
suspension.
11. (1) Whenever a Head of Department considers it
necessary that an officer should be suspended on grounds of alleged
misconduct or breach of discipline or for disobeying lawful orders,
whether written or verbal, or for the purpose of properly carrying
out investigations into an alleged offence, he may summarily
suspend the officer for two working days which may be extended
up to five working days.
(2) An officer under suspension shall have the right to report
back to work immediately the period of suspension in terms of the
preceding paragraph of this regulation expires and if the Head of
Department fails to initiate disciplinary proceedings against the
officer in accordance with regulations 20 or 28, the officer shall
receive the full amount of salary withheld during the period of
suspension. No record of the suspension shall be entered in the
officer’s record of service.
(3) Where disciplinary action has been taken against a
suspended officer under these regulations and the officer is
subsequently found guilty of the charge, the period of suspension
shall be taken into account in determining the penalty to be
imposed and adjustments to his salary shall be made, as and where
appropriate. Where, however, an officer is acquitted, he shall
receive the full amount of salary withheld during the period of
suspension.
Suspension and 
interdiction during 
disciplinary 
proceedings.
12. (1) Where, in the case of an alleged serious offence, the
Head of Department considers it necessary in the public interest
that the officer should be interdicted from the exercise of the
powers and functions of his office, he shall, concurrently with
action taken under regulations 20 or 28, make a recommendation to
the Commission for the interdiction of the officer, giving reasons in
justification of his opinion.
(2) The Commission shall consider the opinion of the Head of
Department and shall recommend to the Prime Minister whether or
not the officer should be interdicted.
(3) The Head of Department may suspend the officer from the
exercise of the powers and functions of his office pending the
decision of the Prime Minister acting on the recommendation of the
Commission.
(4) In the event that the request for interdiction is not
authorised, the officer under suspension shall be immediately
recalled for duty and shall be refunded any salary withheld during
the period of suspension.
(5) Any decision ordering the suspension of an officer shall be
communicated forthwith to the officer concerned by the Head of
Department and any decision authorising the interdiction of an
officer shall be communicated forthwith to the Head of Department
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who shall immediately inform the officer concerned.
(6) A public officer who is interdicted shall receive half salary
unless the Prime Minister, after consulting the Commission,
approves that he receives a higher proportion of the salary.
(7) If the disciplinary proceedings do not result in the
dismissal or other punishment of the officer, he shall be entitled to
the full amount of salary which he would have received if he had
not been interdicted. If the punishment is other than dismissal, he
may be refunded such proportion of the salary withheld as a result
of his interdiction as the Prime Minister acting on the
recommendation of the Commission may think fit. If the
punishment is dismissal, the officer shall forfeit the salary withheld
as a result of his interdiction.
(8) Where an officer against whom disciplinary or criminal
action has been taken and is pending, retires or resigns from the
service before the conclusion of such action, any salary withheld as
a result of his interdiction shall not be refunded unless he is
acquitted of the charges brought against him. If the officer dies
when proceedings are still pending, any salary withheld as a result
of his interdiction is refunded to his heirs.
(9) An officer who is under interdiction shall not have access
to any official premises and shall not remove, destroy or add to, or
cause to the removed, destroyed or added to, any official document,
instrument or matter.
(10) An officer who is under interdiction may not leave Malta
without the written permission of the Head of the Public Service
and any such officer who leaves Malta without such permission
shall be liable to dismissal.
(11) Notwithstanding the provisions of sub-regulations (6) and
(7) of this regulation, if an officer is in prison under preventive
custody or serving a court sentence, no salary shall be due to the
officer during the period of imprisonment whether such officer is
subsequently found guilty of the offence with which he is charged
or otherwise.
PART II – CRIMINAL OFFENCES
Head of 
Department to 
consult Attorney 
General whether 
prosecution or 
disciplinary action 
should be taken.
13. When it comes to the notice of a Head of Department that a
criminal offence likely also to warrant disciplinary proceedings
may have been committed by a public officer, the Head of
Department shall consult the Attorney General as to whether a
prosecution should be instituted or, if the latter does not advise a
prosecution, as to whether disciplinary action should be taken
under these regulations. In the latter case, the charges framed
against the officer shall be approved by the Attorney General
before the officer is required to answer them or before any
disciplinary proceedings are instituted.
Action pending 
criminal 
proceedings.
14. (1) If criminal proceedings are being taken against a
public officer in any Court, the officer and the Commissioner of
Police shall severally report the fact to the Head of Department.
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(2) If the Head of Department considers that any criminal
proceedings which have been instituted against a public officer in
any Court are of a nature likely to warrant disciplinary action, he
shall forthwith report the facts to the Commission with a
recommendation giving reasons as to whether the officer should or
should not be interdicted from the exercise of his powers and
functions. No disciplinary proceedings against such an officer upon
any grounds involved in the criminal charge shall be taken until the
conclusion of the criminal proceedings and the determination of
any appeal.
(3) Where the Head of Department has recommended to the
Commission that the officer should be interdicted, he may suspend
the officer from the exercise of the powers and functions of his
office pending the decision of the Prime Minister acting on the
recommendation of the Commission.
(4) The provisions of regulation 12(4) and (5) shall also apply
in the case of suspension and interdiction made in connection with
a criminal offence dealt with under this regulation.
Disciplinary action 
after acquittal of 
criminal charge.
15. (1) No action should be taken against an officer in
connection with a criminal case before it is ensured that there is no
pending appeal before the courts.
(2) A public officer acquitted of a criminal charge in any Court
shall not be dismissed or otherwise punished on any charge upon
which he has been acquitted, but nothing in this regulation shall
prevent his being dismissed or otherwise punished on any other
charge arising out of his conduct in the matter, unless the charge
raises substantially the same issues as those on which he has been
acquitted. If the Head of Department proposes to take disciplinary
action against such officer, before the officer is required to answer
any charges or before any disciplinary proceedings are instituted,
the charges formulated against the officer shall be approved by the
Attorney General.
(3) Where a public officer has been acquitted of a criminal
charge, the Head of Department shall inform the Commission of the
outcome of the criminal proceedings and whether he proposes to
take or not to take disciplinary action against the officer in
accordance with the preceding sub-regulation.
Disciplinary action 
after conviction on 
criminal charge.
16. (1) If a public officer has been found guilty of a criminal
charge, the findings of the Court on such charge shall be referred
by the Head of Department to the Commission.
(2) The Commission, after considering the findings of the
Court, and of the Court of Appeal, if any, the nature of the
misconduct and whether such misconduct has a direct or indirect
relation to the duties of the officer concerned, shall make a
recommendation to the Prime Minister as to the penalty, if any, to
be imposed:
Provided that if the Commission considers that the
appropriate penalty following conviction on a criminal charge shall
be dismissal or a warning of dismissal or the forfeiture of any
salary, in whole or in part, withheld during any period of
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suspension or interdiction, it shall inform the officer of his right to
make written representations to the Commission within a period of
ten working days from such notification and the Commission shall
consider such representations and may give the officer the
opportunity of an oral hearing before making a recommendation to
the Prime Minister.
PART III – DISCIPLINARY PROCEEDINGS UNDER 
DELEGATED AUTHORITY
Application where 
disciplinary 
powers have been 
delegated.
17. The provisions of this Part of the regulations shall only
apply where the exercise of disciplinary powers and control have
been delegated to a Head of Department or other officer or
authority by the Prime Minister in accordance with article 110 of
the Constitution, and shall only so apply to the extent specified .
Admonition. 18. (1)  An officer shall have the power to admonish another
officer of whom he is in charge for minor misconduct or breach of
discipline or unsatisfactory work, after giving the officer the
opportunity to exculpate himself. A record of any such admonition
shall be retained by the officer administering it, but shall be
cancelled at the expiration of six months from the date it is
administered.
(2) An officer shall report to the Head of Department whenever
another officer of whom he is in charge has been admonished for
minor misconduct or unsatisfactory work on three occasions in any
period of six months.
Summary 
discipline.
19. (1) When in the opinion of a Head of Department the
penalty appropriate to minor misconduct or breach of discipline or
of unsatisfactory work by an officer in his department is no more
than a warning, he may communicate to such officer in writing his
intention to administer a warning, stating the grounds therefor and
giving the officer an opportunity to reply. If the officer fails to
reply within ten working days from the date the Head of
Department communicates his intention to administer a warning or
if in his reply the officer admits the facts, or if the officer does not
admit the charge and the Head of Department does not consider that
the officer has exculpated himself, the Head of Department shall
administer the warning.
(2) Every warning administered under this regulation shall be
entered in the record of service of an officer and the officer shall be
informed accordingly: but this warning shall be cancelled at the
expiration of twelve months from the date that it is administered.
Commencement of 
disciplinary 
proceedings.
20. (1) Where it appears to a Head of Department that a
criminal offence may have been committed by an officer under his
jurisdiction, the procedure under regulations 13 to 16 shall be
adopted.
(2) Whenever it comes to the notice of a Head of Department
that an officer in his department may be guilty of misconduct or
breach of discipline the following provisions shall apply -
DISCIPLINARY PROCEDURE IN 
THE PUBLIC SERVICE COMMISSION [ S.L.Const.03 9
Cap. 273.
( a ) The Head of Department shall, as expeditiously as
practicable and in no case later than thirty working
days from the date that the alleged offence comes to
his notice, or from the date of the signing of a report
made in terms of the Inquiries Act, prepare a written
statement of the charge or charges against the officer
concerned, setting out particulars of the evidence
relied upon to support the charge or charges. The Head
of Department shall also inform the officer whether in
his opinion the charge or charges constitute a minor
offence or a serious offence and whether the offence
could lead to dismissal.
( b ) This statement shall be delivered personally to the
officer by a responsible official of the department
concerned. The officer shall reply in writing to the
charge or charges made against him, stating any
grounds on which he relies to exculpate himself,
before the lapse of ten working days from the date on
which the statement is delivered to him.
( c ) If after considering the officer’s reply, the Head of
Department is satisfied that the officer has exculpated
himself, he shall so inform the officer. A complete
report on the case shall be entered in the officer’s
personal file but not in his record of service.
( d ) If the officer admits the charge or charges, the Head of
Department shall communicate to the officer charged
his decision on the charge or charges and the penalty,
if any.
( e ) If the officer does not furnish a reply within the period
specified, or does not in the opinion of the Head of
Department exculpate himself, the Head of
Department shall, within twenty working days from
the receipt of the reply or from the date on which such
a reply was due, refer the case to a Disciplinary Board
appointed under regulation 21.
(3) Notwithstanding the provisions of sub-regulation (2) of this
regulation, no action shall be taken in respect of a minor offence
which has occurred earlier than twelve months from the time the
alleged minor offence comes to the notice of the Head of
Department.
Disciplinary 
Boards.
21. (1) The Disciplinary Board for the purpose of regulation
20(2)( e ) shall be appointed by the Head of Department and shall
consist of a Chairperson and two members appointed as follows -
( a ) The Chairperson shall be an officer of the department
not below salary scale 10 and not connected with the
case of discipline to be heard by the Board and not less
than two salary scales above the officer charged, and
not in the same grade as the officer charged.
( b ) Two other officers of the department not connected
with the case of discipline and at least one salary scale
above the officer charged, and are not in the same
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grade as the officer charged:
Provided that where the Head of Department has informed
the officer that the alleged offence could lead to dismissal, the
Chairperson of the Disciplinary Board shall be, at least an officer at
Assistant Director level or analogous grade.
(2) Where the Head of Department considers that officers of
suitable grade and/or not connected with the case of discipline are
not available in his department, he may ask the Permanent
Secretary supervising his department to nominate suitable officers
for appointment as Chairperson and/or members of the Board.
(3) Where serious objections are raised by the officer charged
or by his representative that the chairperson and, or any of the
members of the Disciplinary Board are in some way prejudiced
against him, the officer charged may petition the Commission and
shall send a copy of the petition to his Head of Department.
Pending the decision of the Commission on the petition, the
disciplinary proceedings shall be suspended.
(4) If the Commission accepts the petition, it shall appoint a
fresh Disciplinary Board or make appropriate changes to the Board.
The officer and the Head of Department shall be informed
accordingly.
Functions and 
powers of 
Disciplinary 
Boards.
22. (1) Every Disciplinary Board appointed under regulation
21 to investigate the case, shall establish the facts and communicate
its findings to the Head of Department and to the officer charged as
early as practicable and in no case later than thirty working days
from the date on which the case is referred to it.
(2) The Board shall have the power to seek expert advice
whenever it considers such advice to be necessary or expedient, and
to summon any person to appear before it and give evidence or to
produce any document.
(3) The Board may direct that any evidence given before it be
confirmed by an affidavit.
(4) The period of thirty working days specified in sub-
regulation (1) of this regulation may on good cause being shown,
be extended by the Head of Department up to a maximum of
another thirty working days.
(5) Where serious and justifiable reasons exist which, in the
opinion of the Head of Department, preclude the Board from
making a report of its findings earlier than the prescribed period of
thirty days and any extension thereof, the Head of Department shall
refer the matter to the Commission for its direction.
Procedure at 
Disciplinary 
Hearings.
23. (1) In exercising its functions under these regulations, a
Disciplinary Board shall afford a fair opportunity to both sides to
present their case, but shall dispense with all undue formalities and
ensure that justice is done expeditiously and according to the
substantive merits of the case.
(2) Notice of not less than ten working days shall be given of
the time and place of the hearing to the Head of Department and to
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the officer charged. Every notice shall be signed by the chairperson
and served by registered mail or by hand.
(3) If the Board is satisfied that notice of the hearing has been
given, it may proceed with the case notwithstanding the absence of
the officer charged if, taking all circumstances into account,
including the requirements of regulation 22, the Board is of the
opinion that it ought so to proceed with the case.
(4) The following procedure shall apply to the hearing by a
Board - 
( a ) the hearing shall be held in private;
( b ) the officer summoned to appear at the hearing shall be
given full opportunity to defend himself and to
produce witnesses;
( c ) the officer or his representative may cross-examine the
witnesses called in support of the case against him.
(5) Subject to this regulation the Board may regulate its own
procedure at the hearing.
(6) The Board may seek the opinion of, or a directive by,
the Commission on questions of procedure.
Disclosure of 
prima facie  
grounds for 
additional charges.
24. (1) Where a Disciplinary Board hearing evidence against
an officer is of the opinion that such evidence discloses other  prima
facie  misconduct or breach of discipline, the following procedure
shall apply - 
( a ) the Disciplinary Board shall report the matter to the
Head of Department and to the officer charged, and
shall thereupon suspend its proceedings;
( b ) if the Head of Department thinks fit to proceed against
the officer charged on the additional grounds
disclosed, the Head of Department shall furnish the
officer with fresh charges and the procedure described
in regulation 20(2)( a ), ( b ), ( c ), ( d ) and ( e ) shall apply.
(2) The provisions of the preceding sub-regulation shall not be
invoked when the additional grounds constitute a minor offence
that would have lapsed after twelve months.
Communication of 
findings.
25. (1) At the conclusion of its investigation, the Board shall
communicate its findings to the Head of Department and to the
officer charged.
(2) A report on the findings shall comprise -
( a ) a summary of such parts of the evidence as the Board
considers relevant;
( b ) the findings of the investigation on material questions
of fact;
( c ) a statement whether in the Board’s opinion the accused
officer has or has not committed the offence or
offences charged and a brief statement of the reasons
for that opinion;
( d ) details of any matters which alleviate or aggravate the
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gravity of the case.
(3) The report of the Board shall not include any
recommendation regarding the penalty that may be imposed.
Decisions and 
representations on 
findings of 
Disciplinary 
Board.
26. (1) After the findings of the Board are communicated to
the Head of Department and to the officer charged, the following
procedure shall apply in all cases, except where the Head of
Department had given notice to the officer charged that the charges,
if proved, could lead to dismissal -
( a ) the officer charged may make written representations
or ask for an appointment to make oral representations
to the Head of Department, within ten working days
from the date on which the findings of the Board are
communicated to him, stating the grounds for such
representations;
( b ) the Head of Department shall consider any
representations made to him by the officer charged and
shall, as soon as practicable, communicate to the
officer his decision on the charge or charges and of the
penalty, if any, he has imposed;
( c ) whenever an officer admits a charge or fails to make
any representations to the Head of Department within
the period specified in paragraph ( a ) of this regulation,
the Head of Department shall communicate, as soon as
practicable, to the officer charged his decision on the
charge or charges and the penalty, if any, he has
imposed.
(2) In the case of an offence where the Head of Department
had given notice to the officer charged that the charges, if proved,
could lead to dismissal, the following procedure shall apply -
( a ) upon receipt of the Board’s report, the Head of
Department shall, as soon as practicable, send a copy
of the report to the Commission;
( b ) in giving consideration to the Board’s findings, the
Commission shall give an opportunity to the officer
charged and to the Head of Department to make oral
representations;
( c ) after considering the findings of the Board and the
representations made to it, the Commission shall make
its recommendation to the Prime Minister both as to
the guilt or otherwise of the officer charged and as to
the penalty, if any.
Records of 
proceedings.
27. (1) The record of any disciplinary proceedings shall
include the following -
( a ) any written report made against an officer, or a written
record of any verbal report;
( b ) any statement of charge;
( c ) any written representations made by the officer
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charged by way of reply to the charge or charges or
otherwise in the course of proceedings;
( d ) copies of all documents, papers and files received by
the Disciplinary Board from any party in connection
with the proceedings;
( e ) notes of evidence taken by the Disciplinary Board;
( f ) any decision taken or any recommendation made by a
Head of Department regarding the guilt or otherwise of
an officer, and the penalty or penalties, if any,
awarded;
( g ) any written representations made by the officer
charged in regard to the findings of a Disciplinary
Board, or in regard to any penalty awarded.
(2) Any attempt to tamper with or to destroy the record of
proceedings shall be considered as a serious offence.
(3) A Head of Department shall comply with any instructions
that may be issued by the Head of the Public Service, with the
concurrence of the Commission, with regard to the custody of the
records relating to disciplinary proceedings.
PART IV – DISCIPLINARY PROCEEDINGS WHEN 
DISCIPLINARY POWERS HAVE NOT BEEN DELEGATED
Disciplinary 
proceedings when 
disciplinary 
powers have not 
been delegated.
28. Where disciplinary control has not been delegated to a
Head of Department or another officer or authority in accordance
with article 110 of the Constitution, the following provisions and
procedures shall apply - 
( a ) Whenever it comes to the knowledge of a Head of
Department that an officer in his department may be
guilty of misconduct or breach of discipline, the
provisions of regulation 20(2)( a ) and ( b ) shall apply.
( b ) If the officer admits the charge or charges, the Head of
Department shall refer a copy of the charge or charges
and of the officer’s reply to the Commission and the
Commission shall make its recommendation to the
Prime Minister as to the penalty, if any, to be imposed
on the officer.
( c ) If the officer charged does not admit the charge or
charges or does not furnish a reply within the period
specified, the Head of Department shall, within twenty
working days from the receipt of the reply or from the
date on which such a reply was due, refer the case to a
Disciplinary Board appointed in terms of regulation
21.
( d ) The Board appointed under the preceding paragraph
shall communicate its findings to the Head of
Department, to the officer charged and to the
Commission, and the Head of Department and the
officer charged may, within ten working days from the
date on which the findings of the Board are
communicated to him, make representations in writing
14 [ S.L.Const.03
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to the Commission in respect to such findings or ask
for an appointment to make oral representations. A
copy of any representations so made shall be
communicated to the other side by the Commission.
( e ) After considering the findings of the Board and any
representations made to it, the Commission shall make
its recommendation to the Prime Minister both as to
the guilt or otherwise of the officer charged and as to
the penalty, if any.
PART V – OFFENCES AND PENALTIES
Categorisation of 
offences and 
penalties.
29. A broad categorisation of offences and of corresponding
penalties that may be imposed by the Prime Minister acting on the
recommendation of the Commission, or by a Head of Department to
whom disciplinary control has been delegated in accordance with
article 110 of the Constitution, are listed in the Schedule to these
regulations:
Cap. 164.
Provided that with regard to Police officers, the penalties
applicable shall be those set out in article 20 of the Malta Police
Ordinance.
PART VI
APPEALS FROM DISCIPLINARY DECISIONS AND REVIEW 
OF PAST RECOMMENDATIONS OF THE COMMISSION
30. (1) A public officer shall have a right of appeal to the
Commission in accordance with this regulation against a finding of
guilt and any corresponding penalty imposed by the Head of
Department in any of the following circumstances - 
( a ) when the charge or charges of which the officer has
been found guilty had been considered as a serious
offence in terms of regulation 20(2)( a );
( b ) where the penalty imposed by the Head of Department
is or includes a  "Warning of Dismissal”;
( c ) where the officer can prove that there has been a gross
disregard of the procedures laid down in these
regulations and such disregard had prejudiced the
interests of the officer.
(2) Notice of appeal under sub-regulation (1) of this
regulation, setting out the grounds of the appeal, shall be forwarded
to the Secretary of the Commission in writing by registered post or
delivered to him by hand not later than ten working days from the
date on which the decision was notified to the officer concerned. A
copy of the notice of appeal shall concurrently be sent by the
officer to the Head of Department.
(3) On receiving a copy of a notice of appeal, the Head of
Department shall immediately transmit to the Commission the full
documentation relating to the case, including the Board’s findings
and report.
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(4) The Secretary of the Commission shall acknowledge the
receipt of the notice of appeal made under this regulation and any
appeal received after ten working days from the date on which the
decision of the Head of Department was communicated to the
officer concerned, shall not be considered by the Commission.
(5) When an appeal is lodged, the Commission shall deal with
the matter in its absolute discretion as if no delegation of authority
was in force in respect of that matter.
(6) Without prejudice to any other powers which it may have
under the Constitution and under these regulations, the
Commission, in giving consideration to an appeal, shall give an
opportunity to the Head of Department and to the appellant to make
oral representations.
(7) The Commission, after considering the grounds for appeal,
the record of the proceedings, and any oral representations shall
proceed to recommend to the Prime Minister either that he should
confirm the decision of the Head of Department as to the guilt of
the appellant and/or the penalty imposed, or that he should amend
or revoke it.
(8) If the matter is not referred back to the Commission within
two months or action on the recommendation of the Commission is
not taken within the same period, the Commission shall inform the
appellant of the recommendation it had made to the Prime Minister.
(9) Nothing in this regulation shall prevent the Commission,
either before the hearing or at any time during the hearing of an
appeal, from summarily dismissing or disallowing an appeal
without hearing it or without hearing it any further as the case may
be, on the grounds that an appeal is frivolous or vexatious or one
that should not otherwise have been brought or made. 
Suspension of 
penalty pending 
appeal.
31. A penalty imposed by a Head of Department acting under a
delegated authority shall not be put into effect before the lapse of at
least ten working days from the date on which the officer was
notified of the penalty by the Head of Department and, if an appeal
has been lodged, the penalty shall not be put into effect pending a
decision by the Prime Minister acting on the recommendation of
the Commission.
Representations by 
Head of 
Department who is 
dissatisfied with 
findings of 
Disciplinary 
Board.
32. (1) A Head of Department who is dissatisfied with the
proceedings or findings of a Disciplinary Board appointed under
regulation 21 may make representations to the Commission,
provided that the proceedings or findings of the Board relate to - 
( a ) a disciplinary charge which the Head of Department
had considered to be a serious offence in terms of
regulation 20(2)( a );
( b ) a case which the Head of Department had considered
to warrant a warning of dismissal;
( c ) a case where the Head of Department can prove that
there has been a gross disregard of the procedures laid
down in these regulations and such disregard had
prejudiced the case.
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(2) Any representations under sub-regulation (1) of this
regulation shall be made in writing to the Secretary of the
Commission not later than ten working days from the date on which
the findings of the Board were notified to the officer concerned. A
copy of such representations shall concurrently be sent to the
officer by the Head of Department.
(3) Without prejudice to any other powers which it may have
under the Constitution and under these regulations, the
Commission, in giving consideration to representations made by a
Head of Department under sub-regulation (1) of this regulation,
shall give an opportunity to the Head of Department and to the
officer concerned to make oral representations. 
(4) The Commission, after considering the representations
made, may at its discretion - 
( a ) refer the findings of the Board back to the Head of
Department for appropriate action in terms of these
Regulations;
( b ) refer the findings back to the Board for further
investigations and to report back to the Commission;
( c ) annul the findings of the Board and appoint a fresh
Disciplinary Board consisting of members not
connected with the case or the department concerned
to hear the case again and to report its findings to the
Head of Department;
( d ) report any defaulting member or members of the Board
to the Head of the Public Service for any action he
may deem appropriate.
(5) Where a Disciplinary Board is appointed by the
Commission under paragraph (4)( c ) of this regulation, the
following provisions shall apply -
( a ) the Board shall have the same powers and shall follow
the same procedures as a Disciplinary Board appointed
by a Head of Department under regulation 21,  mutatis
mutandis ;
( b ) the Board shall communicate its findings to the Head
of Department, to the officer charged and to the
Commission;
( c ) the officer charged may, within ten working days from
the date on which the findings of the Board are
communicated to him, make representations in writing
to the Commission in respect of such findings or ask
for an appointment to make oral representations;
( d ) after considering the findings of the Board and any
representations made to it, the Commission shall make
its recommendation to the Prime Minister both as to
the guilt or otherwise of the officer charged and as to
the penalty, if any.
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Review of past 
recommendations 
of the 
Commission.
33. (1) Any person who is or has been a public officer and
who had been penalized under these regulations or under the 1977
Regulations may petition the Commission to review his case for the
purpose of revoking or amending the recommendation which the
Commission had tendered against him.
(2) The petition shall be made in writing and addressed to the
Secretary of the Commission who shall acknowledge the receipt of
the petition.
(3) The Commission shall thereupon send a copy of the
petition to the Prime Minister for any comments he may wish to
make within one month from the receipt of that copy. On the
expiration of that time, the Commission shall thereupon proceed to
examine the petition.
(4) The Commission may allow a review of the case if, in its
discretion, it is satisfied that there was a  prima facie  case of gross
disregard of the disciplinary regulations or a serious miscarriage of
justice resulting in a violation of natural justice or fundamental
rights:
Provided that the Commission shall not consider a petition
for a review of its past recommendation if the petitioner had
already made a similar request which had been rejected on the
merits of the case.
(5) The Commission shall not allow any new evidence to be
produced whenever it is reviewing its past recommendation unless
it is satisfied that such evidence was unknown to or could not be
produced by the petitioner when his case was first heard.
(6) The Commission, after hearing the oral representations of
the petitioner and of the Head of the Department concerned, or
their respective representatives or assistants, shall proceed to
recommend to the Prime Minister either that he should confirm its
original recommendation or that he should amend or revoke it.
(7) If the matter is not referred back to the Commission within
two months or action on the recommendation of the Commission is
not taken within the same period, the Commission shall inform the
petitioner of the recommendation it had made to the Prime
Minister.
PART VII – REMOVAL FROM OFFICE
Grounds for 
removal from 
office.
34. The appointment of an officer may be terminated for the
following reasons -
( a ) in the public interest; or
( b ) for absence without leave; or
( c ) on dismissal or removal in consequence of criminal or
disciplinary proceedings:
Provided that nothing in these regulations shall restrict the
power of the Prime Minister acting on the recommendation of the
Public Service Commission to - 
( a ) terminate an officer’s probationary appointment during
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the period of probation; or
( b ) terminate the services of an officer on a temporary
appointment; or
( c ) terminate any contract or agreement in accordance
with a term or condition contained therein.
Retirement on 
grounds of public 
interest.
35. (1) Notwithstanding any other provision of these
Regulations, if a Head of Department considers that an officer
should be retired from the service in the public interest he shall
report the fact to the Head of the Public Service who shall -
( a ) obtain from the Heads of the Departments in which the
officer has served during the previous twelve years, or
since the date of first appointment, whichever is less,
reports as to his work and conduct;
( b ) allow the officer an opportunity of considering all
reports and other documentation that shall be used by
the Head of the Public Service in justification of the
officer’s retirement, in order to allow the officer to
show cause why he should not be retired from the
service.
(2) If the Head of the Public Service, after considering the
reports and the officer’s statement and having regard to all the
circumstances of the case, is of the opinion that the officer should
be retired from the service in the public interest, he shall forward to
the Commission the reports of the Heads of Department and the
statement of the officer together with his own recommendation,
which shall be copied to the officer’s Head of Department and to
the officer concerned.
(3) Notwithstanding any other provision of these Regulations,
if the Head of the Public Service, on information which has come to
his knowledge in any manner, is of the opinion that an officer
should be retired from the service in the public interest, he shall
observe the procedure prescribed in sub-regulations (1)( a ), (1)( b )
and (2) of this regulation.
(4)  The Commission shall give the officer against whom
proceedings are being taken, and his representative every
opportunity to make oral representations before the Commission.
(5) The Commission, after making such further enquiry as it
deems necessary, shall then recommend to the Prime Minister the
action, if any, that it considers should be taken against the officer.
Absence without 
leave.
36. (1) Whenever a Head of Department is satisfied that a
public officer has absented himself without leave for a period of
not less than ten consecutive working days, the Head of
Department shall notify the officer that unless justifiable reasons
are given within ten working days from the date of such
notification, the officer shall be considered as having resigned from
the public service with effect from the eleventh working day of
unauthorised absence.
(2) If an officer who has absented himself without leave as
DISCIPLINARY PROCEDURE IN 
THE PUBLIC SERVICE COMMISSION [ S.L.Const.03 19
stated in sub-regulation (1) of this regulation reports for duty
before the date of notification by the Head of Department, or before
the expiration of the ten working days referred to in sub-regulation
(1), he is to be allowed to resume duties without prejudice to any
disciplinary action which the Head of Department may take in
accordance with these regulations.
PART VIII - MISCELLANEOUS
Procedure 
followed when 
officer leaves the 
service while 
disciplinary 
proceedings are 
still pending.
37. When an officer against whom disciplinary proceedings are
pending, ceases to be a public officer upon resignation, retirement
or otherwise, before such proceedings are concluded, the Head of
Department shall ask the officer charged to state, within ten
working days, whether he wishes that the disciplinary proceedings
be continued in order that he may have the opportunity to exculpate
himself. If the officer opts to continue with the proceedings, and he
is eventually found guilty, no penalty shall be imposed, but a record
of the findings of the Disciplinary Board is entered in the officer’s
record of service. If the officer opts to discontinue the case, he
should confirm this in writing and a record shall be entered in his
record of service stating that at the time of his leaving the service
the officer had a pending disciplinary case. If the officer does not,
within the stipulated time, make his option, the case is discontinued
and a note entered in his record of service that at the time of his
leaving the service, the officer had a pending disciplinary case.
Procedure 
followed when 
officer leaves the 
service while 
criminal 
proceedings are 
still pending.
38. When an officer against whom criminal proceedings are
pending, ceases to be a public officer upon resignation, retirement
or otherwise, before such proceedings are concluded, no related
disciplinary action in terms of these Regulations may be taken or
penalty imposed. However, the Head of Department shall follow
the case so that a record of the court decision is entered in the
officer’s record of service.
Forfeiture of 
pension, etc., after 
dismissal.
39. Subject to the provisions of article 114 of the Constitution
and of any other law, a public officer who is dismissed from the
service shall forfeit all rights and claims to a pension, gratuity or
other retirement award. A public officer who is dismissed shall also
forfeit any rights or claims he enjoys in regard to leave at the public
expense.
Secrecy.
member of the staff of the Commission, nor any public officer,
Board or Authority, charged with powers and functions under these
regulations, nor any other person shall, without the written
permission of the Prime Minister, publish or disclose to any person,
otherwise than in exercise of his official function, the contents of
any document, communication or information whatsoever relating
to any action taken under these regulations which has come to his
notice or knowledge.
Failure to comply with the provisions of this regulation
shall, in the case of a public officer, constitute misconduct and, or a
breach of discipline.
Time limits.
cause being shown, be extended by the Commission provided the
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request is made before the expiration of the period in question.
Annual reports, 
etc.
42. (1) The Head of the Public Service and every Head of
Department to whom disciplinary control is delegated shall submit
reports on disciplinary matters to the Commission with such
frequency, in such form and covering such matters as the
Commission may from time to time direct.
(2) The Commission may, at its discretion, publish annual
disciplinary reports as well as reports of inquiries into the exercise
of disciplinary control, together with its remarks on any matter
connected therewith or incidental thereto.
Saving. 43. (1) Notwithstanding the provisions of regulations 20 or
28, where disciplinary proceedings have been commenced under
and in accordance with the 1977 Regulations, repealed by these
Regulations, those proceedings shall be continued and completed
under and in accordance with the regulations aforesaid as if those
regulations were still in force.
(2) Where a petition for review of a past recommendation of
the Commission has been submitted under and in accordance with
regulation 23A of the repealed regulations before the coming into
force of these Regulations, such petition shall be considered by the
Commission as a petition submitted under and in accordance with
the 1977 Regulations, as if those regulations were still in force.
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SCHEDULE OF OFFENCES AND PENALTIES
(Regulation 29)
1. The list of offences specified under minor and serious offences in paragraph
3 of this Schedule shall be considered as only illustrative and indicative and is not
exhaustive.
2. The specific circumstances surrounding an offence shall be taken into
account in determining whether an offence shall be categorised as a minor or serious
offence, and it shall be at the discretion of the Head of Department as provided in
regulation 20(2)( b ) to determine how a particular offence shall be treated for the
purpose of applying the penalties specified in this Schedule.
3. Categorisation of Offences.
3.1 Minor Offences (without serious consequences) -
( a ) habitual late attendance;
( b ) absence from office or work area without leave or permission;
( c ) idling at place of work;
( d ) disobeying superior instructions or insubordination;
( e ) disregard of or failure to obey rules and regulations;
( f ) fighting or causing a disturbance at place of work;
( g ) concealing one’s defective work;
( h ) being on duty while under the influence of drink or drugs;
( i ) negligence in the performance of duties or shoddy or defective work or
work output below standard;
( j ) use of foul language;
( k ) giving wrong information;
( l ) malingering.
3.2 Serious Offences (when no criminal proceedings are instituted) - 
( a ) conduct which discredits the department or, more generally, brings the
public service into disrepute;
( b ) arrogant, abusive or violent behaviour towards the public or other
public officers;
( c ) failure to exercise proper supervisory functions;
( d ) disobeying superior instructions or insubordination with serious
consequences;
( e ) serious neglect or dereliction of duties;
( f ) violent or threatening behaviour or use of offensive or foul language
towards a superior;
( g ) damage to government property;
( h ) immoral, indecent or disgraceful conduct at place of work;
( i ) misuse of government funds, property or equipment;
( j ) gross negligence at work;
( k ) tampering with or misuse of attendance sheets and records (including
punch cards/clocks);
22 [ S.L.Const.03
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( l ) falsification or misuse of or tampering with official documents;
( m ) divulging of secret or confidential information;
( n ) unauthorised absence of more than one day/shift;
( o ) other offences indicated under “Minor Offences” but having serious
consequences;
4. Penalties - 
The penalties that may be imposed following disciplinary action taken in
accordance with these regulations shall be as follows - 
4.1 Penalties for Minor Offences -
PENALTY
( a ) First Disciplinary Case Written Warning
( b ) Second Disciplinary Case Suspension without pay up to 
three (3) days
( c ) Third Disciplinary Case Suspension without pay up
to five (5) days and a
“Warning of Dismissal”
( d ) Fourth Disciplinary Case Dismissal:
Provided that in determining whether the disciplinary charge is a first,
second, third or fourth case no account should be taken of cases which occurred prior
to twenty-four months from the date of the case under investigation, including cases
which were dealt with under regulation 25 of the 1977 Regulations:
Provided also that a written warning will lapse after twelve months if no
other offence is committed within that period.
4.2 Penalties for Serious Offences (including criminal conviction) - 
( a ) Suspension without pay for a period not exceeding five (5) days, or
( b ) Suspension without pay for a period not exceeding five (5) days and a
“Warning of Dismissal”, or
( c ) Dismissal:
Provided that the penalty in paragraph ( a ) hereof, that is, “suspension
without pay not exceeding five days” may not be awarded in respect of more than
two serious disciplinary cases:
Provided also that in the case of an officer who had been interdicted, the
provisions of regulation 12(7) shall also apply:
Provided also that in the case of a public officer found guilty of a criminal
charge in any Court, the Commission may, where appropriate, at its discretion
recommend to the Prime Minister other penalties in addition to or instead of those
listed in paragraph 4.2 of this Schedule.
