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DIRECTOR SUBDIRECTOR

4.2. RESULTADOS DE ENCUESTA Y ENTREVISTAS 1 De los directivos

Each of the above mentioned acts of indiscipline attract one form of penalty or the other ranging from counseling, warning, reprimand, interdiction, withholding of yearly increment or promotion, transfer from station, suspension, surcharge, termination of appointment and dismissal etcetera.

However, for analytical convenience, we shall classify penalties into:

(i) Informal penalties and (ii) Formal penalties

Informal penalties are those, which are administered informally and personally in summary way without bringing anything into writing. They may include verbal counseling, warning,

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close supervision of the defaulting office’s work schedule by the superior, or refusal to consult the discipline in relevant matters, or even transfer to a place with lesser dignity or convenience, these range of penalties are given to the discipline when the superior officer want to be lenient or when it is difficult to establish (prove) the guilt or fault of the defaulter.

Formal penalties on the other hands are those, which are severe in nature, and follow a set procedure. In the case of formal penalties, the defaulter’s guilt has been formally and legally established and the penalty may also be classified into two groups:

(a) The lesser formal penalties: Which include warning, reprimand, loss of seniority right and delay in increment. They are imposed by the head of department, unit or section;

(b) The severe formal penalties: Include suspension, demotion and dismissals.

A detail on the penalties includes:

Counseling: This consists of personal advice given to the erring officer to desist from acts of indiscipline. It is the beginning stage of disciplinary action;

2) Warning: This consists of verbal and written warning. This is usually done when the superior discovered that the subordinate refuse to heed to the advice given to him the previous counseling sessions. The superior would react to the subordinate's non-challant attitude by writing calling upon the subordinate to submit an explanation as to why disciplinary action should not be taken against him or her. If the explanation of the subordinate does not satisfy the superior officer, such subordinate would be given a written warning but if the explanation satisfies the superior officer, the subordinate may be exonerated. It is important to note that series of written warnings 'served an officer may result in termination or dismissal if the employee does not change;

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3). Reprimand: This is a form of exhortation on an officer who has failed to change his misconduct;

4). Withholding of increment/promotion: An officer who continues with his habit of misconduct in spite of serious warning and reprimand may have his promotion withheld for a year or more. This action is to serve as a punitive as well as corrective measures aimed at bringing home to the employee the gravity of his/her behaviour or offence;

5. Suspension: suspension is carried out when guilt has been established against an officer.

The officer will cease to perform his function and his salary should be stopped. If suspension period is designed to grant further investigation on the degree of the officer's involvement in the established misconduct. However; if the proceedings against a suspended staff do not result in dismissal or reducing in rank, he shall be granted the full emoluments he would have received if he had not been suspended;

6. Interdiction: If an officer is alleged to have committed gross misconduct such as embezzlement, receipt of gratification, there or other criminal charges have been levied against him; and his head of department considers it in the public interest that he should cease to exercise the powers and functions, such officer is said to be interdicted;

7). Surcharge: a form of penalty inflicted on any staff who had committed an offence of getting Government property either damaged or lost out of negligence or misappropriation.

Surcharge refers to the process of requesting the accused staff to make payment for the damaged or lost of government property or fund;

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8. Termination: Termination of an employee's appointment is usually done on account of the employee's established cases of inefficiency or gross misconduct. Notice of termination is supposed to be given to the officer concerned. Salary in lieu of notice is supposed to be paid to the staff whose appointment is terminated. He may enjoy pension and gratuity if he is qualified, and the officer may gain another appointment in public service;

9. Dismissal: Dismissal is the most severe penalty and separation process from civil service. It is given to a staff who it has been established through deliberate process of disciplinary investigation to “have indulged in Gross misconduct of criminal nature.

a. A dismissed officer does not need to be given a notice;

b. A dismissed officer is not entitled to any benefits such as: Salary, gratuity or pension;

c. He cannot gain employment anywhere in public service.

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