Disciplinary

Procedure
Disciplinary Authority
According to Article 55(1) of the Constitution of the Democratic Socialist Republic of Sri Lanka power of appointment, promotion,
transfer, dismissal and disciplinary control of public officers is vested in the Cabinet of Ministers.

Accordingly the Cabinet of Ministers exercise power of dismissal and disciplinary control in respect of:
Additional Secretaries to Ministries
Heads of Departments
District Secretaries
Senior Assistant Secretaries to Ministries
Other officers appointed by the Cabinet of Ministers

The Cabinet of Ministers has delegated its power of dismissal and disciplinary control in respect of all other categories of officers
to the Public Service Commission. The Commission directly exercises these powers on Staff Grade Officers except in the Auditor
General’s Department and the department of Elections.

Staff grade officers not falling under a ministry who do not belong to Combined Services these powers have been delegated to
respective Heads of Departments.

Public officers other than those referred to above powers of dismissal and disciplinary control have been delegated to heads of
Departments

In the case of non-staff grade officers in the combined services these powers have been delegated to the Director General of
Combined Services of the Ministry of Public Administration.
 Suspicious of Misconduct Disciplinary Procedure

Preliminary Investigation

Formal Charge sheet is issued

Explanation called from the officer

If failed to give explanation Can give disciplinary order

If officer plead guilty for all chargers Can give disciplinary order / Can initiate formal inquiry

If officer plead guilty for some chargers Formal inquiry

If officer answers not guilty of any charge Can dismiss and clear him

Can impose minor punishment

Formal inquiry
Preliminary Investigation

Preliminary investigation can be carried out by the disciplinary authority or head of a

department or head of an institution or an officer or team of officers duly authorized by
above authorities.

Fact finding procedure.

Record statements of relevant persons, examination of documents and records,

obtaining originals or certified copies of documents or records, physical verification of
State owned assets in the charge of suspected officer or officers, examination of
relevant premises , taking over of all articles or documents which are considered
necessary.

Investigation officers should forward a report to the disciplinary authority and if found
guilty a draft charge sheet.
Charge Sheet  Contents

1. Under which schedule the charges preferred fall.

2. The time limit allowed for the accused officer to furnish his answers to the charge
Sheet.
3. The charges preferred.
4. The names, posts ,present place of work, who are expected to be summoned for the
formal disciplinary inquiry to substantiate the charges.
5. Statements of witnesses and documents that would be used to substantiate the
charges at the formal disciplinary inquiry.
6. In whose custody are the documents and when and where they could be examined
by the accused officer himself or with his representative.
7. That the accused has the right to appoint an officer to represent him.
8. Action that would be taken if answers to the charge sheet are not received within the
stipulated period.
Appearance on behalf of Accused officer at a Formal Inquiry

Has a right to appoint a defending officer.

Can be a serving or retired public officer.
Lawyer is allowed depending upon the nature of the case.

Prosecution in a Formal Disciplinary Inquiry

Head of the institute should appoint a person to present the case  Prosecuting officer
Public officer cannot refuse such appointment.
All documents should be taken into custody, produce at inquiry and return back.
On completion prosecuting officer should furnish a written submission to the tribunal,
Facts that would relate to finding the accused officer guilty of the charges
Preferred against the Accused officer.
Tribunal Inquiry

Disciplinary authority should appoint.

Accused officer can request an Attorney–at–law  Written requests with sufficient facts.
Disciplinary authority can agree or refuse  If refused the reasons should be noted.
Officer should be
Staff Grade Officers who have 10 years service as a Staff Officer
Retired Staff Officers With a service of over 10 years as a staff Officer
Attorneys – at –Law with 10 years experience
Who never have been punished for an offence falling under first schedule of offences.
Persons who hold or who has held a post senior to that of the accused officer.
Retired Staff Grade officers and Attorneys – at – Law
Should be persons who have registered in the Panel of Inquiry Officers
maintained by the Ministry of Public Administration
Role of the Disciplinary Authority on receipt of a Report of a Disciplinary Inquiry.
1. Convict the Accused Officer of one or some or all of the charges
2. Acquit the accused officer of one or some or all the charges
3. Quash the proceeding of the inquiry and order a fresh disciplinary inquiry

Disciplinary authority can accept or reject or revise any or some or all of the findings of the Tribunal in arriving at a
decision. When doing so he should clearly and specifically note the reasons thereto in the relevant disciplinary file.

Disciplinary Order.
Whether the accused officer is guilty or not guilty of each charge or charges preferred against him.
Punishments or conditions imposed in respect of charges
First Schedule of offences.
1) Non allegiance to the Constitution of DSR or Sri Lanka.
2) Act or cause to act in such manner as to bring disrepute to DSR or Sri Lanka.
3) Anti government / Terrorist / Criminal offences.
4) Bribery or Corruption.
5) Being drunk or smelling of liquor within duty hours or within government premises.
6) Use or be in possession of narcotic drugs within duty hours or within government premises.
7) Misappropriate or cause another to misappropriate public funds.
8) Misappropriate government resources or cause such Misappropriation or cause destruction or depreciation of government
resources willfully or negligently.
9) Act or cause to act negligently or inadvertently or willfully in such manner as to harm government interest.
10) Act in such manner as to bring the public service into disrepute.
11) Divulge information that may harm the state, the state service or other state institution or make available or cause to make
available state documents or copies thereof to outside parties without the permission of an appropriate authority.
12) Alter , distort , destroy or fudge state documents.
13) Conduct oneself or act in such manner as to obstruct a public officer in the discharge of his duties or insult or cause or
threaten to cause bodily harm to a public officer.
14) Refuse to carry out lawful orders given by a senior officer or insubordination.
15) Any violation of provisions of E code, FR, PSC circulars, PA circulars, Treasury circulars, Departmental circulars , Departmental
handbooks or manuals or willfully inadvertently or negligently act in circumvention of such provision.
16) Aid and abet or cause to commit above offences.
 Punishment.
Minor Punishment Major Punishment

Reprimand Dismissal
Severe reprimand Termination of service of an officer serving a period of probation
Censure Retirement for General inefficiency
Suspension of increment for a period no exceeding on year Stoppages Compulsory retirement as a merciful alternative to dismissal
of increment for a period not exceeding one year
A fine not exceeding one week’s pay Rejection of extension of service beyond optional age of retirement
Transfer on disciplinary grounds at officers expense Rejection in seniority
Any other form of punishment similar to but not more severe than Reduction in rank
above punishment
Reduction to a lower post
Reduction of salary by specific number of increment
Deferment of increment
Deferment of promotion for a specified period
Disqualification form sitting for any promotional examination for a
specified period
Any other form of punishment similar to and not more severe than
those listed above
Appeals against Disciplinary Orders
Has the right of making an appeal to the commission against the
disciplinary order.

Within three months of the receipt of disciplinary order.

However appeals received >3months but <6months may also be

considered if there are valid reasons.

Appeal against an order made by the PSC  to the Administrative

Appeal Tribunal  Within 4 weeks

Appeal should made by the officer him self.

Acts of Misconduct that warrant Interdiction.
1. Non-allegiance to the Constitution of the Democratic Socialist republic of Sri Lanka.
2. Act or cause to act in such a manner as to bring disrepute the Democratic Socialist Republic of Sri Lanka.
3. Being prosecuted in a Court of Law on anti-government, terrorist activities.
4. Being prosecuted in a Court of Law on bribery or corruption charges.
5. Being drunk or smelling of liquor within duty hours or within government premises.
6. Use or be in possession of narcotic drugs within duty hours or within government premises.
7. Misappropriate or cause another to misappropriate government funds.
8. Misappropriation of government resources or cause such misappropriation or cause destruction or
depreciation of government resources.
9. Act or cause to act negligently or inadvertently or willfully in such a manner as to harm government
interests.
10.Act in such a manner as to bring the public service into disrepute.
11.Divulge information that may harm the state, the state services or any other State Institution or make
available State documents or copies thereof to outside parties without the permission of an appropriate
authority.
12.Alter distort or destroy or fudge state documents.
13.Conduct in such a manner as to obstruct a public officer in the discharge of his duties or insult or cause or
threaten to cause bodily harm to a public officer.
14.Refuse or neglect to carry out lawful orders given by a senior officer or insubordination.
General Conduct of public officer.
1. The state has the total claim on service of a public officer and he should discharge any duty assigned to him diligently
and efficiently
2. He should familiarize with and observe the provisions of the Establishments Code, Financial Regulations, and
instructions contained in Departmental Manuals and Circular Instructions and other orders issued from time to time.
3. An officer should always act in a manner befitting his post and should not commit an act which would bring the public
service and his post into disrepute.
4. He should not do anything which will bring his private interest into conflict with his official duties.
5. Canvassing should not be done for appointment, promotion or transfers.
6. An officer should be courteous towards the public and readily assist all people visiting public institutions for official
business.
7. An officer should be polite in his official work and correspondence.
8. An officer should not utilize government employees or government property for private work.
9. An officer should not engage in collection of money for charity purposes nor should he permit his family members or his
subordinates in such collections.
10. An officer or members of his family should not accept any presents, gifts or other benefits other than ordinary gifts from
relatives and personal friends.
11. Serious pecuniary embarrassment is considered as a circumstance which impairs the efficiency of an officer and renders
him less valuable and when serious pecuniary embarrassment of an officer is become known appropriate disciplinary
action should be taken against the officer.
12. An officer is prohibited from borrowing money on the security of a salary receipt
Drunkenness, Smelling of liquor and use of Narcotic Drugs

Considered as a serious misconduct and disciplinary action has to be taken.

Evidence of two staff officers will be sufficient to establish the officer’s guilt.

If found guilty can be dismissed from public service or any other major punishment can
be imposed.

If found guilty for drunkenness or smelling of liquor for the second time  invariably be
dismissed from service.

For narcotics  Report from a Government Medical Officer or a Judicial Medical Officer
is required

If found guilty by a formal disciplinary inquiry he will compulsorily be dismissed from

service.
Vacation of Post

When an officer has been served with VOP and if intended to appeal  Appeal to appropriate
authority within 3 months

Disciplinary authority may consider the appeal and convinced that officer was not reported
for duty because of acceptable reasons Reinstate the officer

If rejected  Officer can either appeal to Cabinet of ministers or PSC