Criminal and Disciplinary Proceedings
Criminal proceedings do not necessarily prevent disciplinary proceedings. Where an officer is acquitted, punishment cannot be imposed on the same charge, although a materially different disciplinary charge arising from the conduct may proceed where the Rule permits.
Reference: Public Service Rules 2015, 040512
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Where criminal prosecution of a government employee arising from an accident involving a government vehicle is pending, departmental disciplinary action should not be taken until the result of the criminal prosecution is known.
Reference: FR 2024
A Board of Enquiry sitting is not to be deferred merely because criminal proceedings concerning the loss are pending. The Board should continue enquiry into system weaknesses and submit an interim report even if responsibility for the loss cannot yet be fixed.
Reference: FR 2535