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DISCIPLINARY PROCEDUREDISCIPLINARY PROCEDURE
IN CEBIN CEB
Mervyn HalpeMervyn Halpe
Deputy General Manager (FSPD)Deputy General Manager (FSPD)
dgmfspd@ceb.lkdgmfspd@ceb.lk
topictopic
• Discipline
• Disciplinary Procedure
• Powers of an Executive who heads a
unit, Rights of employees and steps in
the disciplinary procedure.
• Classification of offences.
• Maintaining basic discipline at office.
What to do on specific violation of
discipline at offices such as drunk
during work
what is disciplinewhat is discipline
WHAT IS DISCIPLINE ?WHAT IS DISCIPLINE ?
The Conditions in the organization
under which employees conduct
them selves in accordance with the
organization’s rules & acceptable
behavior.
Code of Conduct
5S
commen breechescommen breeches
Common Disciplinary BreechesCommon Disciplinary Breeches
• Attendance and Punctuality
• Negative Behavior
• Dishonesty
• Out side Criminal Activities
• Moon lighting
• Conflict Interest
principleprinciple
Disciplinary Action Guide LinesDisciplinary Action Guide Lines
• Action should be Corrective
• Progressive (Step by Step)
• Follow the Hot Stove Rule
• Natural Justice
natural justicenatural justice
Natural JusticeNatural Justice
• The right to a fair hearing requires
that individuals should not be
penalized by decisions affecting their
rights or legitimate expectations
unless they have been given prior
notice of the case, a fair opportunity
to answer it, and the opportunity to
present their own case.
appointmentappointment
• You are bound to
abide by
disciplinary rules
and regulations and
all other laws, rules
and regulations of
the Ceylon
Electricity Board
now in existence or
would be imposed
in future.
I ……do solemnly declare
and affirm/swear that I will
faithfully perform the duties
and discharge the functions
of the office of ……….in
accordance with the
Constitution of the
Democratic Socialist Republic
of Sri Lanka and the Law ,
and that I will be faithful to the
Republic of Sri Lanka and
that I will to the best of my
ability uphold and defend the
constitution of the Democratic
Socialist Republic of Sri
Lanka
Some of the Important RulesSome of the Important Rules
and Regulationsand Regulations
• Laws of the country
• Establishment Code
• Financial Regulations
• Shop and Office Act
• Wages Board Ordinance
• Factories Ordinance
• CEB Circulars
• Commonly Accepted Behavior
codecode
• CEB RULES OF
DISCIPLINARY
PROCEDURE
misconductmisconduct
• Disciplinary Rules
according to
Establishment
Code
MisconductMisconduct
• Absent without a valid reasonAbsent without a valid reason
• Late attendance without a validLate attendance without a valid
reasonreason
• Negligence leading to wasteNegligence leading to waste
• CarelessnessCarelessness
• DishonestyDishonesty
• Assault, Threatening, scoldingAssault, Threatening, scolding
• Sleeping while on dutySleeping while on duty
• DrunkennessDrunkenness
• Misuse of Office Vehicles, itemsMisuse of Office Vehicles, items
• Etc..etc..Etc..etc..
classificationclassification
OffencesOffences
• Grave OffencesGrave Offences
• Minor OffencesMinor Offences
EcodeEcode
1. Non-allegiance to the Constitution of the Democratic Socialist Republic of
Sri Lanka.
2. Act or cause to act in such a manner as to bring the Democratic Socialist
Republic of Sri Lanka. Into disrepute.
3. Anti-government or terrorist or criminal offences.
4. Bribery or Corruption.
5. Drunkenness, being drunk , smelling of liquor or use of narcotics within duty
hours or within Government premises.
6. Use or be in possession of narcotic drugs within duty hours or within
government premises.
7. Misappropriate or cause another to misappropriate public funds.
8. Misappropriate government resources or cause such misappropriation or
cause destruction or depreciation of government resources willfully or
negligently.
9. Act or cause to act negligently or inadvertently or willfully in such a manner
as to harm government interests.
10.Act in such manner as to bring the public service into disrepute.
11.Divulge information that may harm the State, the State Service or other
State Institution or make available or cause to make available State
Documents or copies thereof to outside parties without the permission of an
appropriate authority.
12.Alter, distort, destroy or fudge State documents.
13.one self or act in such a manner as to obstruct a public officer in the
discharge of his duties , or insult, or cause or threaten to cause bodily harm
to a public officer.
14.Refuse to carryout lawful orders given by a senior officer or insubordination.
15.Any violation of provisions of the Establishments code, Financial
Regulations, Public Service Commission Circulars, Public Administration
Circulars, Treasury Circulars, Departmental Circulars, Departmental Hand
Books or Manuals or willfully, inadvertently act in circumvention of such
provisions.
16.Aid and abet, or cause to commit the above offences
stepssteps
Steps In ActionSteps In Action
• Verbal Warning
• Written Warning
• Preliminary Inquiry
• Suspension
• Charge Sheet
• Formal Inquiry
• Punishment
rules section 1rules section 1
Section 1Section 1
• Ceylon Electricity Board Act
• Disciplinary Authority
• An act of misconduct or a lapse by an
employee calling for punishment dealt with
under these Rules
Section 2Section 2
• Exercise of the Power of Disciplinary
Control
• Minor punishments without formal
proceedings
• Punishments after formal proceedings
• Interdiction
• Dismissal
• Appeals
Section 3- Preliminary InvestigationSection 3- Preliminary Investigation
Fact Finding activity
Any officer appointed by Disciplinary
Authority, A team of officers, Investigation
officers, Audit officers as appointed may
conduct the Preliminary Investigation
Section 4Section 4
Classification of Offences
Grave offences –Schedule A
All other offences-Schedule B
Section 5-Charge SheetSection 5-Charge Sheet
A charge sheet need not take a legalistic
form. It should state in clear and simple
terms, the acts of misconduct and/or the
lapses which constitute offences or
negligence and when and where they took
place
Section 6-Production ofSection 6-Production of
DocumentsDocuments
Documents use at formal inquiry
Statements given at preliminary inquiry
Section 7- Tribunal of InquirySection 7- Tribunal of Inquiry
• Panel of officers registered in CEB
• Disciplinary Authority will appoint
Section 8Section 8
Representation at InquiryRepresentation at Inquiry
• Prosecution
• Defense
Section 9- Conduct of InquiriesSection 9- Conduct of Inquiries
• Expedite
• Objective- Finding the Truth
• Final report with recommendation
Section 10- Disciplinary OrderSection 10- Disciplinary Order
• Impose punishment or
• Exonerate
Section 11- PunishmentSection 11- Punishment
• Minor punishment
• Minor punishments are appropriate for
offences falling under Schedule ‘B’. These
will include reprimand, severe reprimand,
censure, suspension or stoppage of
increment for a period not exceeding one
year, a disciplinary transfer, a fine not
exceeding one weeks pay or any other
form of punishment not more severe than
those listed. A warning is not a
punishment.
Section 11- Punishment Cont…Section 11- Punishment Cont…
• Major punishment
• Major punishments are appropriate for offences
falling under Schedule ‘A’ and will include
dismissal, retirement for general inefficiency,
reduction in seniority by a specified number of
places, reduction in rank to the next lower grade/
class/post, reduction in salary/deferment of
increment, deferment of promotion for a
specified period, disqualification from sitting any
promotional examination for a specified period,
or any other form of punishment more severe
than those listed in the preceding sub-section.
Section 12-Section 12- Appeals and Revision of
Disciplinary order
• An employee aggrieved by an order of
transfer, or punishment, or dismissal
made as a disciplinary measure has a
right of appeal
Section 13- Criminal OffencesSection 13- Criminal Offences
and Briberyand Bribery
• Refer the matter to Police or Bribery
Commissioner
• An employee remanded by a Court shall
be interdicted forthwith. If he is released
from remand, the question whether he
should continue under interdiction will be
determined in terms of Sub-Sections 16:1
and 16:4.
Section 14-Findings made by court ofSection 14-Findings made by court of
LawLaw
• If an employee is convicted by aIf an employee is convicted by a
Court of Law in any criminalCourt of Law in any criminal
proceedingsproceedings
Section 15- Offences Disclosed bySection 15- Offences Disclosed by
Commissioner of Inquiry or Auditor GeneralCommissioner of Inquiry or Auditor General
Section 16- Interdiction orSection 16- Interdiction or
Compulsory leaveCompulsory leave
Section 17- Compulsory retirementSection 17- Compulsory retirement
Section 18-retirement for GeneralSection 18-retirement for General
InefficiencyInefficiency
Section 19- Retirement,Section 19- Retirement,
Resignation, Permission toResignation, Permission to
leave the Countryleave the Country
Section 20- Temporary orSection 20- Temporary or
Casual employeesCasual employees
Section 21- Vacation of PostSection 21- Vacation of Post
Authority-AppendixAuthority-Appendix
Classification of Offences as inClassification of Offences as in
CEB RulesCEB Rules
• Major Offences
• Inefficiency
• Incompetence
• Negligence
• Lack of Integrity
• Improper Conduct (whether connected
with an employee’s official duties or not)
• Indiscipline
Delegation of Disciplinary powers
Executive GradesExecutive Grades
Subordinate Grades and MinorSubordinate Grades and Minor
GradesGrades
• Thank You

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Discipline

  • 2. Mervyn HalpeMervyn Halpe Deputy General Manager (FSPD)Deputy General Manager (FSPD) dgmfspd@ceb.lkdgmfspd@ceb.lk topictopic
  • 3. • Discipline • Disciplinary Procedure • Powers of an Executive who heads a unit, Rights of employees and steps in the disciplinary procedure. • Classification of offences. • Maintaining basic discipline at office. What to do on specific violation of discipline at offices such as drunk during work what is disciplinewhat is discipline
  • 4. WHAT IS DISCIPLINE ?WHAT IS DISCIPLINE ? The Conditions in the organization under which employees conduct them selves in accordance with the organization’s rules & acceptable behavior. Code of Conduct 5S commen breechescommen breeches
  • 5. Common Disciplinary BreechesCommon Disciplinary Breeches • Attendance and Punctuality • Negative Behavior • Dishonesty • Out side Criminal Activities • Moon lighting • Conflict Interest principleprinciple
  • 6. Disciplinary Action Guide LinesDisciplinary Action Guide Lines • Action should be Corrective • Progressive (Step by Step) • Follow the Hot Stove Rule • Natural Justice natural justicenatural justice
  • 7. Natural JusticeNatural Justice • The right to a fair hearing requires that individuals should not be penalized by decisions affecting their rights or legitimate expectations unless they have been given prior notice of the case, a fair opportunity to answer it, and the opportunity to present their own case. appointmentappointment
  • 8. • You are bound to abide by disciplinary rules and regulations and all other laws, rules and regulations of the Ceylon Electricity Board now in existence or would be imposed in future.
  • 9. I ……do solemnly declare and affirm/swear that I will faithfully perform the duties and discharge the functions of the office of ……….in accordance with the Constitution of the Democratic Socialist Republic of Sri Lanka and the Law , and that I will be faithful to the Republic of Sri Lanka and that I will to the best of my ability uphold and defend the constitution of the Democratic Socialist Republic of Sri Lanka
  • 10. Some of the Important RulesSome of the Important Rules and Regulationsand Regulations • Laws of the country • Establishment Code • Financial Regulations • Shop and Office Act • Wages Board Ordinance • Factories Ordinance • CEB Circulars • Commonly Accepted Behavior codecode
  • 11. • CEB RULES OF DISCIPLINARY PROCEDURE misconductmisconduct
  • 12. • Disciplinary Rules according to Establishment Code
  • 13. MisconductMisconduct • Absent without a valid reasonAbsent without a valid reason • Late attendance without a validLate attendance without a valid reasonreason • Negligence leading to wasteNegligence leading to waste • CarelessnessCarelessness • DishonestyDishonesty • Assault, Threatening, scoldingAssault, Threatening, scolding • Sleeping while on dutySleeping while on duty • DrunkennessDrunkenness • Misuse of Office Vehicles, itemsMisuse of Office Vehicles, items • Etc..etc..Etc..etc.. classificationclassification
  • 14. OffencesOffences • Grave OffencesGrave Offences • Minor OffencesMinor Offences EcodeEcode
  • 15. 1. Non-allegiance to the Constitution of the Democratic Socialist Republic of Sri Lanka. 2. Act or cause to act in such a manner as to bring the Democratic Socialist Republic of Sri Lanka. Into disrepute. 3. Anti-government or terrorist or criminal offences. 4. Bribery or Corruption. 5. Drunkenness, being drunk , smelling of liquor or use of narcotics within duty hours or within Government premises. 6. Use or be in possession of narcotic drugs within duty hours or within government premises. 7. Misappropriate or cause another to misappropriate public funds. 8. Misappropriate government resources or cause such misappropriation or cause destruction or depreciation of government resources willfully or negligently. 9. Act or cause to act negligently or inadvertently or willfully in such a manner as to harm government interests. 10.Act in such manner as to bring the public service into disrepute. 11.Divulge information that may harm the State, the State Service or other State Institution or make available or cause to make available State Documents or copies thereof to outside parties without the permission of an appropriate authority.
  • 16. 12.Alter, distort, destroy or fudge State documents. 13.one self or act in such a manner as to obstruct a public officer in the discharge of his duties , or insult, or cause or threaten to cause bodily harm to a public officer. 14.Refuse to carryout lawful orders given by a senior officer or insubordination. 15.Any violation of provisions of the Establishments code, Financial Regulations, Public Service Commission Circulars, Public Administration Circulars, Treasury Circulars, Departmental Circulars, Departmental Hand Books or Manuals or willfully, inadvertently act in circumvention of such provisions. 16.Aid and abet, or cause to commit the above offences stepssteps
  • 17. Steps In ActionSteps In Action • Verbal Warning • Written Warning • Preliminary Inquiry • Suspension • Charge Sheet • Formal Inquiry • Punishment rules section 1rules section 1
  • 18. Section 1Section 1 • Ceylon Electricity Board Act • Disciplinary Authority • An act of misconduct or a lapse by an employee calling for punishment dealt with under these Rules
  • 19. Section 2Section 2 • Exercise of the Power of Disciplinary Control • Minor punishments without formal proceedings • Punishments after formal proceedings • Interdiction • Dismissal • Appeals
  • 20. Section 3- Preliminary InvestigationSection 3- Preliminary Investigation Fact Finding activity Any officer appointed by Disciplinary Authority, A team of officers, Investigation officers, Audit officers as appointed may conduct the Preliminary Investigation
  • 21. Section 4Section 4 Classification of Offences Grave offences –Schedule A All other offences-Schedule B
  • 22. Section 5-Charge SheetSection 5-Charge Sheet A charge sheet need not take a legalistic form. It should state in clear and simple terms, the acts of misconduct and/or the lapses which constitute offences or negligence and when and where they took place
  • 23. Section 6-Production ofSection 6-Production of DocumentsDocuments Documents use at formal inquiry Statements given at preliminary inquiry
  • 24. Section 7- Tribunal of InquirySection 7- Tribunal of Inquiry • Panel of officers registered in CEB • Disciplinary Authority will appoint
  • 25. Section 8Section 8 Representation at InquiryRepresentation at Inquiry • Prosecution • Defense
  • 26. Section 9- Conduct of InquiriesSection 9- Conduct of Inquiries • Expedite • Objective- Finding the Truth • Final report with recommendation
  • 27. Section 10- Disciplinary OrderSection 10- Disciplinary Order • Impose punishment or • Exonerate
  • 28. Section 11- PunishmentSection 11- Punishment • Minor punishment • Minor punishments are appropriate for offences falling under Schedule ‘B’. These will include reprimand, severe reprimand, censure, suspension or stoppage of increment for a period not exceeding one year, a disciplinary transfer, a fine not exceeding one weeks pay or any other form of punishment not more severe than those listed. A warning is not a punishment.
  • 29. Section 11- Punishment Cont…Section 11- Punishment Cont… • Major punishment • Major punishments are appropriate for offences falling under Schedule ‘A’ and will include dismissal, retirement for general inefficiency, reduction in seniority by a specified number of places, reduction in rank to the next lower grade/ class/post, reduction in salary/deferment of increment, deferment of promotion for a specified period, disqualification from sitting any promotional examination for a specified period, or any other form of punishment more severe than those listed in the preceding sub-section.
  • 30. Section 12-Section 12- Appeals and Revision of Disciplinary order • An employee aggrieved by an order of transfer, or punishment, or dismissal made as a disciplinary measure has a right of appeal
  • 31. Section 13- Criminal OffencesSection 13- Criminal Offences and Briberyand Bribery • Refer the matter to Police or Bribery Commissioner • An employee remanded by a Court shall be interdicted forthwith. If he is released from remand, the question whether he should continue under interdiction will be determined in terms of Sub-Sections 16:1 and 16:4.
  • 32. Section 14-Findings made by court ofSection 14-Findings made by court of LawLaw • If an employee is convicted by aIf an employee is convicted by a Court of Law in any criminalCourt of Law in any criminal proceedingsproceedings Section 15- Offences Disclosed bySection 15- Offences Disclosed by Commissioner of Inquiry or Auditor GeneralCommissioner of Inquiry or Auditor General
  • 33. Section 16- Interdiction orSection 16- Interdiction or Compulsory leaveCompulsory leave Section 17- Compulsory retirementSection 17- Compulsory retirement Section 18-retirement for GeneralSection 18-retirement for General InefficiencyInefficiency
  • 34. Section 19- Retirement,Section 19- Retirement, Resignation, Permission toResignation, Permission to leave the Countryleave the Country
  • 35. Section 20- Temporary orSection 20- Temporary or Casual employeesCasual employees Section 21- Vacation of PostSection 21- Vacation of Post Authority-AppendixAuthority-Appendix
  • 36. Classification of Offences as inClassification of Offences as in CEB RulesCEB Rules • Major Offences • Inefficiency • Incompetence • Negligence • Lack of Integrity • Improper Conduct (whether connected with an employee’s official duties or not) • Indiscipline
  • 38.
  • 40. Subordinate Grades and MinorSubordinate Grades and Minor GradesGrades
  • 41.