Chapter 9
Appeals

Section 114. A person subject to a punishment order under this Act or discharged from government service under section 110(1), (3), (5), (6), (7) and (8) has the right to appeal to the MSPC within thirty days of knowledge or imputed knowledge of the order.

Appeals and considerations of appeals under paragraph one shall be as prescribed by CSC Regulation.

Section 115. The MSPC may carry out an appeals consideration by itself, o

r may appoint an appeals commission to carry out consideration of the appeal, as prescribed by MSPC Regulation.
Section 116. Upon a ruling of an appeal by the MSPC, the supervising official authorized to make an instatement order under section 57 shall carry out the implementation of the ruling within thirty days as from the date of MSPC ruling.

In the case where the appellant disagrees with the ruling of the MSPC, a plaint shall be filed at the Supreme Administrative Court within ninety days as from the date of knowledge or imputed date of knowledge of the MSPC ruling.

A supervising official who does not comply with paragraph one shall be deemed to have intentionally committed a wrongful neglect to perform official duties in order to cause detriment to another person.

Section 117. In the performance of duties under this Act, members of the MSPC and appeals commission shall be competent officials under the Penal Code and shall have the following powers:
(1) to order the supervising official making the punishment order or order of discharge from government service which was the cause of the appeal to send the files on inquiry and punishment to the MSPC within the prescribed time;
(2) to order a ministry, department, State enterprise and other State agency, including relevant local administrative organizations to undertake a new inquiry or supplemental inquiry or send an official or officer attached thereto to give a statement, in which case a time period may also be prescribed for the new inquiry or supplemental inquiry;
(3) to issue a summons to an official, employee or wage earner of a ministry, department, government agency, State enterprise and other State agency or local administrative organization or any relevant person to give a statement or submit relevant documents or evidence;
(4) to enter buildings or any premises related to the performance of duties by the MSPC, at a time between dawn and dusk, or during the operational hours of such premises;
(5) to carry out a new inquiry or supplemental inquiry.

Section 118. An appeals consideration under section 114 shall be completed within one hundred and twenty days as from the receipt date of the appeal, except where there is a difficulty preventing the completion of the consideration within such time period, the time period may be extended for no more than twice, each extension not exceeding sixty days, and the difficulties shall be recorded and made apparent.

Section 119. A civil servant transferred under section 64 who was subject of a disciplinary punishment prior to the date of transfer instatement, and such person has the right of appeal under the law on local personnel administration or law on administration of the transferred official, but has not yet exercised the right of appeal under such law, shall have the right of appeal under section 114. However, if such person has already exercised the right of appeal under the law on local personnel administration or law on administration of the transferred official, and, on the date which such person transferred for instatement as a civil servant, the appeals consideration is still pending, the matter shall be referred to the MSPC for consideration of the appeal.

Section 120. In an appeals consideration, the MSPC shall have the power to refuse to hear the appeal, dismiss the appeal or make a ruling to amend or repeal the punishment order and award remedies for damages to the appellant, or require other actions in the interest of justice, as prescribed by MSPC Regulation.

In ruling requiring an amendment or other actions under paragraph one, the MSPC may not impose a heavier punishment, except where it is notified by the CSC under section 104 that a heavier punishment is appropriate, in which case the MSPC has the power to make a ruling for a heavier punishment.

Section 121. In the following cases, an appeals commissioner may be objected:
(1) being aware of the events in the disciplinary breach for which the appellant was punished or discharged from government service;
(2) having an interest in the disciplinary breach for which the appellant was punished or discharged from government service;
(3) having a cause for resentment against the appellant;
(4) being an alleging party, or being or having been a supervising official making the punishment order or order of discharge from government service;
(5) having an involvement in the disciplinary proceedings or the discharge from government service which the appellant was punished or discharged from government service;
(6) having a connection through relative or marital relationship with a person under (1), (2), (3) or (4) which may cause unfairness to the appellant.

An appeals commissioner having a case under paragraph one shall notify the Chairman of the MSPC and withdraw from the appeals consideration.

The submission of an objection and consideration of an objection shall be as prescribed by MSPC Regulation.

Chapter 10
Complaints

Section 122. A civil servant who has a cause for grievance caused by the treatment or non-treatment of oneself by the supervising official, and an appeal on the case is not available under Chapter 9 Appeals, has the right to lodge a complaint under the rules and procedures prescribed in this Chapter.

Section 123. A complaint due to a cause originating from a supervising official shall be lodged with the respective higher level of supervising official.

A complaint due to a cause originating from a head of departmental level government agency under the charge and control, or directly accountable in the performance of official functions to the Prime Minister or Minister, permanent secretary, Minister in Charge or Prime Minister, shall be lodged with the MSPC.

Upon a MSPC ruling on the complaint, the head of departmental level government agency under the charge and control, or directly accountable in the performance of official functions to the Prime Minister or Minister, permanent secretary, Minister in Charge or Prime Minister, as the case may be, shall undertake proceedings to implement the MSPC ruling.

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