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CIVIL SERVICE DISCIPLINARY CODE
REGULATIONS, 1971 (CI 17)
ARRANGEMENT OF REGULATIONS
Regulation
PART I—DISCIPLINE AND PENALTIES
1. General definition of
misconduct.
2. Penalties.
PART II—DISCIPLINARY PROCEDURES
3. Disciplinary procedure.
4. Disciplinary proceedings to be
summary.
5. Appeals.
6. Procedure on appeal.
7. Legal representation.
8. Grounds for criminal
prosecution.
9. No disciplinary action where
criminal proceedings pending.
10. Disciplinary action on
acquittal of criminal charge.
11. Interdiction.
12. Suspension without pay.
13. Suspension of increment.
14. Withholding of increment.
15. Restoration of increment.
16. Removal for unsatisfactory
service.
17. Dismissal.
18. Legal proceedings.
PART III—EXPLANATORY NOTE ON
CERTAIN TYPES OF MISCONDUCT
19. Habitual lateness.
20. Giving and receiving of
presents and gifts.
21. Civil Servants acting as
private agents.
22. Civil Servant to inform Head
of Department/Class when leaving
Ghana.
23. Engaging in gainful occupation
outside official duties.
24. Prohibition against engaging
in business.
25. Permission for absence from
duty.
26. Civil Servant to inform Head
of Department/Class when leaving
station.
27. Unauthorised disclosure of
official information, documents
28. Financial embarrassment
29. Press, broadcasts and
lectures.
30. Civil Servants and politics.
31. Interpretation.
SCHEDULE
Schedule—Acts of Misconduct.
WHEREAS articles 140 and 174 (a)
of the Constitution confer on the
President disciplinary control
over and the power to remove Civil
Servants.
NOW THEREFORE, in pursuance of
article 173 (c) of the
Constitution, the following
Regulations are made this 3rd day
of June, 1971.
PART I—DISCIPLINE AND PENALTIES
Regulation 1—General Definition of
Misconduct.
(1) Any act done without
reasonable excuse by a Civil
Servant, which amounts to failure
to perform in a proper manner any
duty imposed upon him as such or
which contravenes any of the
provisions of any Regulations or
enactment relating to the Civil
Service, or which is otherwise
prejudicial to the efficient
conduct of the Civil Service or
tends to bring the Civil Service
into disrepute shall constitute
Misconduct, and shall render the
offending Civil Servant liable to
disciplinary action.
(2) The setting forth in the
Schedule to this Code of
particular types of misconduct
shall not be taken to affect the
generality of sub-paragraph (1) of
this paragraph.
Regulation 2—Penalties.
(1) Disciplinary action may
involve the imposition of a major
or minor penalty depending on the
gravity of the offence.
(2) Major penalties shall consist
of the following:—
(a) Surcharge;
(b) Reduction in rank;
(c) Removal from the Civil
Service;
(d) Dismissal.
(3) Minor penalties shall consist
of the following:—
(a) Warning or reprimand;
(b) Suspension of increment;
(c) Withholding or deferment of
increment;
(d) Suspension from duty with loss
of pay;
(e) Reduction in salary.
PART II—DISCIPLINARY PROCEDURES
Regulation 3—Disciplinary
Procedure.
The disciplinary procedure in
respect of Civil Servants for all
offences shall be summary.
Regulation 4—Disciplinary
Proceedings to be Summary.
(1) The disciplinary authority
shall inform the Civil Servant of
the accusation made against him.
(2) The disciplinary authority
shall hear any representations
which the Civil Servant may wish
to make and any witnesses which
the Civil Servant may wish to call
and whose evidence is relevant to
his case.
(3) If the disciplinary authority
is satisfied that the offence has
been committed, he shall inform
the Civil Servant in writing to
that effect, and of the penalty
which has been imposed.
(4) No disciplinary authority
below the rank of Head of
Department or Class shall have the
right to impose a major penalty.
(5) Public Officers who are
required to attend disciplinary
inquiries as witnesses shall be
treated as being on duty and shall
be eligible to receive travelling
and transport allowances at the
appropriate rates.
(6) Persons who are not Public
Officers, who are required to
attend disciplinary inquiries as
witnesses shall be paid for their
attendance the allowance payable
to witnesses who attend court.
Regulation 5—Appeals.
(1) Subject to the provisions of
this paragraph every Civil Servant
in respect of whom a major penalty
has been imposed after a
disciplinary inquiry shall have
one right of appeal.
(2) No appeal shall lie where the
disciplinary authority is the
President or the Prime Minister or
where the penalty imposed is a
minor penalty.
(3) A minor penalty shall take
immediate effect but a major
penalty shall take effect on the
expiry of the period limited for
appeal and where an appeal has
been lodged on the determination
of the appeal.
(4) Where the disciplinary
authority is a Minister, the
appeal shall lie to the Prime
Minister.
(5) Where the authority is a
Principal Secretary or Head of
Department or Class the appeal
shall lie to the Minister
responsible for the Ministry,
Department or Class.
(6) Where the disciplinary
authority is a Civil Servant of a
rank lower than a Head of
Department or Class the appeal
shall lie to the Head of
Department or Class.
Regulation 6—Procedure on Appeal.
(1) The appeal shall, within two
weeks of the date of the decision
complained of, be lodged with the
disciplinary authority to whom the
appeal lies, and copied to the
disciplinary authority who gave
the decision.
(2) Two disciplinary authority to
whom the appeal lies, may on
application extend the period.
(3) The disciplinary authority on
receipt of his copy of the notice
of appeal, shall forward, to the
disciplinary authority to whom the
appeal lies, a copy each of the
record of the proceedings, the
findings of the inquiry or
investigation, and all other
relevant documents.
(4) A Civil Servant who wishes to
appeal against a decision of a
disciplinary authority may be
given a record of the report
(including where reasonable copies
of documents tendered in evidence
or the relevant parts thereof) on
payment of 10Np for each document
tendered in evidence and 5Np per
100 words after the first 100
words of non-documentary evidence.
(5) The disciplinary authority to
whom the appeal is made may hear
the appeal himself or may appoint
a person or persons, who shall be
public officers, to hear the
appeal and to submit their
findings to him.
(6) The said disciplinary
authority shall examine the
findings of the said persons and
may confirm, vary or reject the
said findings and take such action
thereon as he may deem just.
(7) The disciplinary authority
shall then inform the Civil
Servant in writing as to whether
the appeal has been dismissed or
allowed as the case may be.
Regulation 7—Legal Representation.
A
Civil Servant may be represented
by counsel in appeal proceedings.
Regulation 8—Grounds for Criminal
Prosecution.
Where a preliminary investigation
or an inquiry discloses that a
criminal offence may have been
committed by a Civil Servant, the
disciplinary authority, unless
action has been or is about to be
taken by the Police, shall consult
the Attorney-General as to whether
a prosecution should be instituted
or whether disciplinary action
should be taken or continued under
the appropriate provisions of this
Code.
Regulation 9—No Disciplinary
Action Where Criminal Proceedings
Pending.
Where criminal proceedings have
been instituted against a Civil
Servant in court, disciplinary
proceedings upon any grounds
involved in the criminal charge
shall not be taken until the
conclusion of the criminal
proceedings and the determination
of any proceedings appeal.
Regulation 10—Disciplinary Action
on Acquittal of Criminal Charge.
(1) A Civil Servant acquitted of a
criminal charge shall not be
dismissed or otherwise punished on
any charge upon which he has been
acquitted, but nothing in this
Code shall be deemed to prevent
his being dismissed or otherwise
punished on any other charges
arising out of his conduct in the
matter, unless the charge in
substance raises an issue upon
which he has been acquitted.
(2) Where it is proposed to
commence proceedings but the Civil
Servant has been acquitted of a
criminal charge arising out of his
conduct in the matter, the draft
disciplinary charges shall be sent
to the Attorney-General for his
advice as to whether the charges
can properly be made.
Regulation 11—Interdiction.
(1) Where criminal proceedings are
instituted or are about to be
instituted against a Civil Servant
for any cause whatsoever, or where
disciplinary proceedings, which
may result in the imposition of a
major penalty are being taken or
are about to be taken the
Department Head shall make
immediate recommendation to the
disciplinary authority for the
Civil Servant to be interdicted
from the exercise of the powers
and functions of his office.
(2) A Civil Servant so
interdicted, shall be paid half of
his not salary, and any increments
which may fall due shall be
suspended.
(3) A Civil Servant who is
convicted of a criminal offence
involving fraud or theft or
sentenced to imprisonment, shall
be automatically interdicted from
duty without salary as from the
date of his conviction.
(4) Where disciplinary proceedings
do not result in the imposition of
a major penalty, the whole of the
salary withheld from him shall be
restored to him when the final
decision is taken.
(5) A Civil Servant who is
interdicted from duty shall not
leave Ghana without the permission
of the disciplinary authority.
Regulation 12—Suspension Without
Pay.
Suspension from duty shall be
without pay for a period not
without exceeding fourteen days.
Regulation 13—Suspension of
Increment.
(1) The circumstances in which the
increment of a Civil of Servant
may be suspended by the
disciplinary authority shall
include the following—
(a) where disciplinary or criminal
proceedings have been or are about
to be taken against the Civil
Servant concerned;
(b) where the disciplinary
authority has reason to believe
that there may be grounds for
suspending the increment, but
further investigation is required
before a decision can be taken.
(2) In every case of a suspension
of increment the disciplinary
authority shall inform—
(a) the Civil Servant concerned
that the increment has been
suspended until such time as the
suspension is no longer necessary;
(b) the paying authority and the
Auditor-General that the increment
has been suspended.
Regulation 14—Withholding of
Increment.
(1) The circumstances in which the
increment of a Civil Servant may
be withheld by a disciplinary
authority include the following—
(a) where an unsatisfactory
confidential report has been given
to the Civil Servant; or
(b) where the Civil Servant has
failed to pass an examination
prescribed by a Scheme of Service,
or to fulfil some special
condition as a prerequisite for
the grant of the increment.
(2) In every case of withholding
of increment the disciplinary
authority shall inform—
(a) the Civil Servant concerned
that the increment has been
withheld until such time as he has
earned its restoration;
(b) the paying authority and the
Auditor-General that the increment
has been withheld.
Regulation 15—Restoration of
Increment.
When the disciplinary authority is
satisfied that the Civil Servant
has earned the restoration of his
increment or in the case of a
suspension, that the suspension is
no longer necessary, he shall
inform the Civil Servant
concerned, the paying authority
and the Auditor-General that the
increment has been—
(a) restored retrospectively with
full benefits, where no action is
finally taken to withhold the
increment; or
(b) treated as stopped with
partial benefits. This means that
while the officer retains his
seniority on restoration, the
payment of his increment takes
effect from the date on which the
Head of Department indicates that
the increment shall be restored;
or
(c) treated as deferred with total
loss of benefits. This means that
apart from losing his seniority,
the payment of his increment will
be effective only from the date,
the Head of Department indicates
that the increment is restored,
and this date now becomes the
officer's new incremental date.
Regulation 16—Removal for
Unsatisfactory Service.
(1) A Civil Servant whose work is
unsatisfactory over a period of
three confidential reports may be
removed from the service by one
month's notice to him in writing
or upon payment to him of one
month's salary in lieu of notice.
(2) The notice shall state the
reasons for the removal and the
notice period of one month shall
be calculated from the date on
which the notice is served.
(3) Salary payments shall be to
the last day worked in addition to
any pay in lieu of accrued but
unused leave and any retiring
awards to which lie may be
eligible.
Regulation 17—Dismissal.
In cases of dismissal, the Civil
Servant shall forfeit all salaries
emoluments and retiring awards
except his own contributions
thereto.
Regulation 18—Legal Proceedings.
(1) Any Civil Servant against whom
a civil suit has been instituted
for debt or who is arrested on a
criminal charge, shall report the
fact immediately to his Head of
Department or Class.
(2) Any Civil Servant against whom
legal proceedings are instituted
as a result of the discharge by
him of his official duties, shall
refer the matter immediately to
his Head of Department who shall
consult and obtain the advice of
the Attorney-General.
PART III—EXPLANATORY NOTE ON
CERTAIN TYPES OF MISCONDUCT
Regulation 19—Habitual Lateness.
A
Civil Servant may lose his
increment on grounds of habitual
lateness or for minor acts of
misconduct.
Regulation 20—Giving and Receiving
of Presents and Gifts.
(1) No Civil Servant shall receive
presents in any form in the course
of his duties which may have the
effect of influencing his decision
nor may he receive any
compensation or reward for the
performance of any official duties
except as approved by government.
(2) A Civil Servant shall not give
presents to other Civil Servants
which may influence them in
matters in which he is interested.
(3) This paragraph applies not
only to the Civil Servant and his
friends, but also to his
dependants and family, and he
shall be held responsible for its
observance by his dependants and
family.
Regulation 21—Civil Servants
Acting as Private Agents.
No Civil Servant shall in his
personal capacity receive any
payment from public funds on
behalf of or as an agent for any
member of the public.
Regulation 22—Civil Servant to
Inform Head of Department, Class
When Leaving Ghana.
A
Civil Servant who leaves Ghana
without informing his Head of
Department or Class renders
himself liable to disciplinary
action.
Regulation 23—Engaging in Gainful
Occupation Outside Official
Duties.
(1) No Civil Servant shall engage
in paid employment outside his
official duties or when on leave
except with the express permission
of the Secretary to the Cabinet
through his Head of Department or
Class.
(2) An application for such
permission shall furnish full
details of the nature of the work
or services to be supplied, the
rate of pay, and the length of
time involved.
(3) The Head of Department or
Class shall, when forwarding the
application, make a definite
recommendation in the matter and
shall state whether in his opinion
the Civil Servant's efficiency in
respect of his official duties
would be impaired if permission
were granted.
Regulation 24—Prohibition Against
Engaging in Business.
(1) No Civil Servant shall engage
in any business except with the
express permission of the
Secretary to the Cabinet through
his Head of Department or Class
and such permission shall be
granted only in accordance with
such directions as may from time
to time be given by the Cabinet.
(2) An application for such
permission shall furnish the full
details of the nature of the
business.
(3) The Head of Department or
Class shall, when forwarding the
application make a definite
recommendation in the matter and
shall state whether in his opinion
the Civil Servant's efficiency in
respect of his official duties
would be impaired if permission
were granted.
(4) A Civil Servant shall on
appointment declare any interest
he may have in any business
undertaking.
Regulation 25—Permission for
Absence from Duty.
(1) No Civil Servant may leave the
office during office hours to
attend to his personal business
without the permission of the
officer-in-charge.
(2) A Civil Servant going out on
duty shall inform a responsible
officer accordingly to facilitate
his recall in an emergency.
(3) A Civil Servant who absents
himself from duty on grounds of
ill-health without the permission
of his Head of Department or Class
or without being certified by a
Government Medical Officer or a
doctor designated by the Ministry
of Health, as unfit for duty is
liable to be regarded as absent
without leave and appropriate
disciplinary action may be taken
against him.
Regulation 26—Civil Servant to
Inform Head of Department, Class
When Leaving Station.
A
Civil Servant renders himself
liable to disciplinary action if
he leaves his station or the area
in which his duties lie without
having first informed his Head of
Department or Class.
Regulation 27—Unauthorised
Disclosure of Official
Information, Documents.
(1) Official correspondence or
records shall not be shown or
produced or copies communicated to
private persons, without the
consent in writing of the Minister
or other competent authority.
(2) All Civil Servants shall
subscribe to the Oath of Secrecy
as prescribed by the Oaths Act,
1960 (C.A. 12).
Regulation 28—Financial
Embarrassment.
(1) Financial embarrassment from
whatever cause shall be regarded
as a circumstance which impairs
the efficiency of a Civil Servant
and may result in disciplinary
action being taken against him.
(2) Cases of financial
embarrassment which come to the
notice of Government shall be
noted in the Service Record of the
Civil Servant concerned.
Regulation 29—Press, Broadcasts
and Lectures.
(1) No Civil Servant shall,
without the prior express
permission of the Secretary to the
Cabinet, act as the editor of any
newspaper, magazine or periodical,
nor may he take part directly or
indirectly in the management
thereof or contribute thereto.
(2) This paragraph does not affect
Civil Servants who are required as
part of their official duties to
edit any paper or subscribe
articles thereto.
(3) The express permission of the
Principal Secretary of the
Ministry, exercised through Heads
of Department or Class in respect
of Civil Servants below the rank
of Head of Department or Class
shall be obtained before any Civil
Servant can give a public lecture
or a broadcast talk.
(4) Where a Civil Servant gives a
public lecture which relates to
the work of the Department in
which the Civil Servant works or
any other official business, the
Principal Secretary of the
Ministry concerned shall be
consulted and his prior approval
obtained.
Regulation 30—Civil Servants and
Politics.
(1) Every Civil Servant is
entitled to his own political
views and may, if qualified, vote
at elections.
(2) A Civil Servant may not,
however, become a member of a
political party or organisation,
nor may he make speeches join
demonstrations or in any other way
indicate publicly his support for
any political party, organisation,
person or policy, nor shall he be
required to do so in the course of
his duties.
(3) Where a Civil Servant is in
doubt as to whether an
organisation or association is
regarded as a political
organisation or association, or
whether any action which he wishes
to take is prohibited by this
paragraph he shall consult the
Head of his Department or Class.
Regulation 31—Interpretation.
In this Code, unless the context
otherwise requires—
"disciplinary authority" includes
the appointing authority, Head of
Department or Ministry and such
other persons as may be so
designated by the appointing
authority.
"paying authority" means the
treasury officer responsible for
the payment of a Civil Servant's
salary.
“officer-in-charge" means the
officer to whom the Civil Servant
concerned is for the time being
responsible.
SCHEDULE
ACTS OF MISCONDUCT
1. Fraud
2. Falsification of records
3. Leakage of information
prejudicial to the interest of the
State.
4. Criminal conviction by a
competent court after all appeals
have been determined.
5. Immoral conduct or indecency in
offices and places of work
6. Stealing
7. Dishonesty
8. Taking confidential information
to private persons
9. Absence from duty without
permission for seven (7)
consecutive days.
10. Vacation of office
11. Dereliction of duty
12. Giving and receiving of
presents and gifts
13. Obtaining material on
fraudulent orders or
misrepresentation.
14. Broadcasts, lectures, made or
newspaper articles written without
permission.
15. Acting as private agent
16. Drunkenness causing
embarrassment
17. Wilful damage to Government
property
18. Engaging in any activities
outside his official duties which
are likely to involve him in
political controversy or to lead
to his taking improper advantage
of his position in the Civil
Service.
19. Engaging in gainful occupation
outside the Service without
consent.
20. Engaging in business without
consent
21. Malicious spreading of false
and detrimental reports
22. Wilful refusal to obey a
legitimate and reasonable
instruction. (Insubordination.)
23. Use of machinery, vehicle or
equipment without authority
24. Careless dissipation of
Government property
25. Taking official correspondence
or records to private persons
without the consent in writing of
the Minister or other competent
authority.
26. Giving false testimony for the
purposes of disciplinary
investigations.
27. Absence from duty without
permission
28. Habitual lateness
29. Engaging in political
activities
30. Physical assault on any person
on Government premises
31. Failure to inform the
competent authority when leaving
Ghana.
32. Failure to inform competent
authority when leaving station
33. Coercion or threatening of a
fellow employee or the use of
insulting language to another
employee.
34. Failure to comply with
instructions of a senior officer
35. Failure to obtain permission
to attend unofficial activities
during office hours.
36. Money lending
37. Sleeping during working hours
38. Leaving work place before
closing time without permission or
reasonable cause.
39. Disorderly conduct on
Government premises
40. Loitering around or being on
Government premises without prior
permission when not on duty.
41. Lateness for work on two
occasions within one week.
E. AKUFO-ADDO
President
Date of Gazette Notification: 18th
June, 1971.
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