In the case of paragraph one, if the result of inquiry and
consideration finds such person to have committed a non-gross disciplinary
breach, punishment shall be refrained.
Section 101. Where a civil servant is subject to an allegation of
having committed a gross disciplinary breach thereby resulting in the
appointment of a commission of inquiry or a criminal prosecution or becoming
a suspect for the commission of a criminal offence, except for offences
committed through negligence or a minor offence, the supervising official
authorized to make an instatement order under section 57 shall have the power
to order a suspension from government service or a provisional discharge from
government service pending the result of the inquiry or consideration or case
outcome.
If subsequently the inquiry or consideration finds that such
person did not commit a breach or the breach did not call for punishment by
dismissal or expulsion, and there are no other causes for discharge from
government service, such authorized person shall order such person to resume
performance of official functions or resume government service in the original
position or other position in the same category and level, or in a position
category and level prescribed by the CSC, provided that such person meets the
qualification requirements for such position.
Where a civil servant is subject to an order of suspension or
provisional discharge from government service, if it subsequently appears that
such person is subject to another allegation of having committed a gross
disciplinary breach, the supervising official authorized to make an instatement
order under section 57 shall have the power to conduct investigations or
consideration and appointment of a commission of inquiry under section 93,
including the power to continue with disciplinary proceedings as provided in
this Chapter.
In the case where a person provisionally discharged from
government service is ordered to resume government service, or is ordered to
discharged from government service for reasons other than a punishment for
commission of a gross disciplinary breach, such person shall retain the status of
a civil servant throughout the period of provisional discharge from government
service as if such person was suspended from government service.
Salaries, other monthly payments and other allowances, and the
payment of such monies to the person suspended from government service and
person provisionally discharged from government service, shall be in
accordance with laws or regulations governing such matters.
A suspension from government service shall remain effective
throughout the period of inquiry or consideration, except where the person
suspended from government service files a petition under section 122 and the
authorized person to consider the petition finds that it is appropriate to order
such person to resume official duties prior to the completion of the inquiry or
consideration because the conduct of the person suspended from government
service does not pose an obstacle to the inquiry or consideration, and does not cause further disorder, or because the disciplinary proceedings have lasted for
one year from the date of suspension from government service and not yet
completed and the person suspended from government service no longer
exhibits such conducts, in which case the person authorized to order the
suspension from government service shall order such person to resume official
duties prior to the completion of the inquiry or consideration.
The provisions of paragraph six shall also apply to the case of an
order of provisional discharge from government service.
The rules and procedures relating to suspension from government
service, provisional discharge from government service, period of suspension
from government service and provisional discharge from government service,
resumption of official duties, or resumption of government service and
proceedings consequential of results of inquiries and considerations shall be as
prescribed by CSC Regulation.
Section 102. Punishment of a civil servant in a government
agency governed by a specific law on official discipline, in the case of a nongross
disciplinary breach under this Act, may be imposed as provided in this
Act or an admonishment or punishment under such law on official discipline
may be imposed as appropriate to the case and circumstances. However, in the
case of a gross disciplinary breach under this Act, regardless of whether an
admonishment was administered or punishment already imposed under such
law, the supervising official shall undertake proceedings as provided in this
Act.
Section 103. After a supervising official has ordered punishment
under this Act or admonishment under a specific law on official discipline, or
ordered the termination of the matter, or refrained punishment, a report shall be
submitted to the Ministry CSSC to which the person subject to disciplinary
proceedings is attached for consideration, except for the case of disciplinary
proceedings on officials from different ministries or the case of a disciplinary
proceeding pursuant to a resolution of the Ministry CSSC under section 97
paragraph two where a report shall be submitted to the CSC. The foregoing
shall be as prescribed by CSC Rule.
In the case where a Ministry CSSC or CSC finds that a
disciplinary proceeding is incorrect or inappropriate, if there is a resolution, the
supervising official shall order or implement the resolution of the Ministry
CSSC or CSC.
In the case under paragraph two and in proceedings under section
104, the CSC shall have the power to instigate a new inquiry or a supplemental
inquiry under the rules and procedures prescribed by the CSC under section 95.
Section 104. In proceedings of the Ministry CSSC under section
97 paragraph two or section 103 paragraph two, if a representative of the CSC
who is a sub-commissioner in such Ministry CSSC finds that the proceedings
of the supervising official or Ministry CSSC resolution constitutes a non compliance of this Act or an inappropriate application, a report shall be
submitted to the CSC for further action to be taken as appropriate to the case,
and upon a resolution of the CSC, the supervising official shall order or
implement the CSC resolution. The foregoing is subject to an exception where
the punished person has appealed the punishment order of the supervising
official to the MSPC, in which case the CSC shall inform the MSPC of its
resolution as part of the appeals consideration.
Section 105. When there is a cause for imposing a heavier
punishment, reducing punishment, refraining punishment or pardon, the
ordering official shall issue a new order, and such order shall order the repeal
of the original order along with a specification of proceedings to be taken with
respect to the punishment already served, as prescribed by CSC Regulation.
Section 106. Where a civil servant transferred under section 64
was involved in a disciplinary breach prior to the date of transfer instatement,
the supervising official of such civil servant shall mutatis mutandis undertake
disciplinary proceedings under this Chapter. However, if the matter is pending
investigation or consideration or inquiry by the previous supervising official
prior to the date of transfer, the investigation or consideration or inquiry shall
continue until completion and the matter shall be referred to the supervising
official of such civil servant for further proceedings under this Chapter mutatis
mutandis, provided that a disciplinary punishment order shall be in accordance
with the breach and punishments under the law on local personnel
administration or law on administration of the transferred official, as the case
may be.
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