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Investigation Committees and Disciplinary Board
01 : 07 PM - 12/04/2014

Controls and accountability procedures are developed by Civil Service Law in the case of an employee breachs the duties imposed by law, through placing him to an administrative investigation committee formed by the relevant Authority in the Government Entity where the employee works based on the provisions of the legal articles organized for this purpose.

An appropriate penalty is directly imposed against the employee in the case if he found guilty by the investigation committee and after the approval of the relevant authority and only if the penalty is not dismissal from service, but if the committee has recommended to dismiss the employee form service and the relevant authority agrees in the this recommendation, the employee is not directly terminated but the employee is referred to a Disciplinary Board as one of the essential legal safeguards for protecting employee’s rights even if he is entitled of the disciplinary penalty, at the same time it a guarantee granted by the Bahrain legislator on the Civil Service Law No. (48) for the year 2010 and confirmed by the Executive Regulations issued by Resolution No. (51) of 2012 as Article No. (36 item 7) of the Regulations expressly states that “Where the investigation committee recommends the dismissal of the Employee from service, the employee’s case shall be passed, by the issuance of a decision by the relevant entity in the Government Entity where the Employee works, to a Disciplinary Board which shall be constituted by a decision of President of the Bureau”

The decision, to pass the employee to a Disciplinary Board must contains an accurate statement with acts attributed to him, at the same time to give an opportunity for the employee recommended dismissal from the service once again to defend himself, using all the legal guarantees granted to him and to make his defense in front of the disciplinary board which is independent form the investigation committee and CSB, CSB responsibility is to form the Board by the decision of the president of the Bureau.

Forming the Disciplinary Board must not be associated with the investigation committee to maintain neutrality as Article No. (36 item 10.) of the same regulation stated “The chairman, his deputy and other members of the board shall not be a direct director or supervisor of the employee or his relative or has participated in the investigation committee, which recommended the dismissal of the employee”

The Disciplinary Board shall issue its decision, the decision shall be substantiated, in writing, and shall be final and can appeal in it only in the Administrative Court, therefore the Disciplinary Board is not binding to the adopting of the recommendation of the earlier Investigation Committee that recommended the employee termination from service, but the board takes into account when imposing dismissal penalty, that the penalty shall be proportionate to the level, degree and seriousness of the offense and also shall keep into consideration the previous convictions and mitigating or aggravating circumstances associated with the violation based on the provisions of the constitutional rule of the accused is innocent until proven guilty.

Number of readings : 21688        Last updated : 01 : 07 PM - 12/04/2014