Section 94. For the appointment of a commission of inquiry in the case of civil servants of different positions, or different departments or different ministries, being alleged to have jointly committed a disciplinary breach, the following proceedings shall be taken:
(1) for civil servants in the same department, where the directorgeneral or permanent secretary is alleged to have jointly committed a disciplinary breach with a subordinate, the permanent secretary or Minister in Charge, as the case may be, shall be the appointer of a commission of inquiry;
(2) for civil servants in different departments of the same ministry who are alleged to have jointly committed a disciplinary breach, the permanent secretary shall be the appointer of a commission of inquiry, except in the case where the permanent secretary is also jointly alleged, the Minister in Charge shall be the appointer of a commission of inquiry;
(3) for civil servants in different ministries being alleged to have jointly committed a disciplinary breach, the supervising officials authorized to make an instatement order under section 57 shall jointly appoint a commission of inquiry, except in the case where the alleged persons also includes a holder of a higher level executive position, the Prime Minister shall be the appointer of a commission of inquiry;
(4) other cases shall be as prescribed by CSC Regulation. Section 95. The rules, procedures and time periods pertaining to disciplinary proceedings shall be as prescribed by CSC Regulation.

In the case of an apparent breach as prescribed by CSC Regulation, disciplinary proceedings may be taken without inquiry.

Section 96. Where a civil servant who commits a non-gross disciplinary breach, the supervising official authorized to make an instatement order under section 57 shall order punishment in the form of a written reprimand, salary deduction or salary reduction as appropriate to the case and commensurate with the breach.

In the case where there are extenuating circumstances, such circumstances may be taken into consideration as mitigating factors, provided that a written reprimand shall only be imposed in the case of a minor disciplinary breach.
In the case of a minor disciplinary breach and existence of a cause for refraining punishment, punishment may be refrained and a written parole or admonishment may be issued instead.

When imposing a punishment under this section, the extent of powers of the supervising official authorized to make an instatement order under section 57 to impose a punishment upon a subordinate for a particular offence and scale of punishment shall be as provided by CSC Regulation.

Section 97. Subject to paragraph two, a civil servant who commits a gross disciplinary breach shall be punished by dismissal or expulsion according to the severity of the case. Extenuating circumstances may be taken into consideration as mitigating factors, but in no event shall punishment be reduced to less than a dismissal.

In the case where the commission of inquiry or the appointer of a commission of inquiry under section 93 paragraph one, or an authorized person under section 94, finds that a civil servant has committed a gross disciplinary breach, the supervising official authorized to make an instatement order under section 57 shall refer the matter to the Province CSSC, Department CSSC or Ministry CSSC, to which the alleged person is attached, for consideration, as the case may be. Upon a resolution of such CSSC, the supervising official authorized to make an instatement order under section 57 shall issue an order or comply with such resolution. The foregoing shall be in accordance with
rules and procedures prescribed by CSC Regulation.

In the case where the supervising official authorized to make an instatement order under section 57 does not exercise powers under section 93 paragraph one, section 94 or this section, the supervising official under section 57 at a higher level shall have the power to take proceedings under section 93 paragraph one, section 94 or this section.

A person punished by dismissal shall have the right to receive gratuities and pensions as if such person resigned from government service.

Section 98. Where a civil servant provides information to the supervising official, or gives a statement as a witness to the person carrying out the investigation, inquiry or inspection pursuant to the law or regulations of official authorities, which is greatly beneficial and helpful to the official authorities, the supervising official may consider granting a reward as a special case.

Where a civil servant in a position of potentially being alleged of jointly committing a disciplinary breach with another official, provides information to the supervising official, or gives a statement to a person or group of persons under the provisions of paragraph one with respect to the disciplinary breach that has been committed, thereby being a cause for a disciplinary inquiry to be taken on the instigator of the breach, the supervising official may exercise a discretion to designate such person as a witness or consider the reduction of disciplinary punishment as appropriate to the case.

A civil servant who provides false information or statement as a witness under paragraph one or paragraph two shall be deemed as having committed a disciplinary breach.

The rules and procedures for granting rewards, witness designation, reduction of punishment and protection of witnesses shall be as prescribed by CSC Regulation.

The CSC Regulation on witness protection under paragraph four may provide rules and procedures for the OCSC or supervising official authorized to make an instatement order under section 57 to effect the relocation, transfer or take any other action without the consent or approval of the supervising official of such person, and without having to comply with the steps or processes provided in this Act.

Section 99. The members of the commission of inquiry under section 93 paragraph one shall be competent officials under the Penal Code and shall have the same powers as inquiry officials under the Criminal Procedure Code in so far as they relate to the powers and duties of the commission of inquiry, and in particular, shall also have the following powers:

(1) to summon a ministry, department, government agency, State enterprise, other State agency or partnership or company to give facts, submit the relevant documents and evidence, send a representative or person attached thereto to give a statement or account in relation to the matter under inquiry;
(2) to summon the alleged person or any person to give a statement or account or submit documents and evidence in relation to the matter under inquiry.

Section 100. Where a civil servant is subject to a written allegation for having acted or neglected to act which constituted a gross disciplinary breach, if the allegation was made towards the supervising official of such person, or towards a person carrying out investigations and inquiries or inspections pursuant to the law or regulations of official authorities, or the allegation was made by the supervising official of such person, or is subject to a criminal prosecution or is suspected of having committed a criminal offence which is not an offence committed through negligence unconnected to the government service or a minor offence, even if subsequently such person retires from government service for reasons other than death, the person authorized to undertake disciplinary proceedings shall have the power to undertake investigations or considerations and continue with disciplinary proceedings as provided in this Chapter as if such person has not yet retired from the government service, provided that the supervising official authorized to make an instatement order under section 57 must carry out the inquiry under section 93 paragraph one within one hundred and eighty days as from the date of such person’s retirement from the government service.

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