www.statusin.org

Organization : Public Service Commission
Type of Facility : Petitions & Appeals
Country: Malta
Website : https://opm.gov.mt/en/services/

OPM Petitions & Appeals

Petitions objecting to a selection result may be made within 10 working days from the date on which a notification appears in this website stating that the result has been published, or, in the case of vacancies in scale 5 or higher, from the date of the letter under cover of which the result is sent to applicants.

Related : Center For Development Research & Training CDRT Research Assistants Scheme Malta : www.statusin.org/8707.html

All petitions are to be submitted directly to the Executive Secretary of the Commission and copied to the Head of the Department wherein the vacancy to be filled lies.

Heads of Department are now required to immediately forward a copy of the petition to the Chairman of the relative selection board, which board is in turn required to submit within the shortest time possible to the Public Service Commission and copying to the Head of Department its comments on the points raised in the petition.

The Head of Department is to ensure that the Selection Board deals expeditiously with the petition and with any follow-up correspondence there may be with the Public Service Commission, and is expected to intervene, also in writing, in cases of undue delay. A serious view, including the possible imposition of disciplinary sanctions, will be taken in cases of undue delay by the Selection Board or by the Head of Department in complying with these instructions.

This procedure is applicable both to petitions submitted by serving public officers as well as petitions by applicants from outside the Service. Article 1.1.17 of the Public Service Management Code lays down the conditions applicable when dealing with petitions relating to appointments or promotions in the Public Service and defines the procedure which should be observed in such cases.

Disciplinary Procedures

Appeals by the officer charged:
A public officer has a right of appeal to the Commission against a finding of guilt and the corresponding penalty imposed by a Head of Department in any of the following circumstances:
** when the officer has been found guilty of charges which are considered by his/her department to be a serious disciplinary offence;

** where the penalty imposed by the Head of Department is or includes a “warning of dismissal”;

** where the officer can prove that there has been a gross disregard of the procedures laid down in the Disciplinary Regulations and such disregard had prejudiced the interests of the officer.

** Officers wishing to lodge an appeal are strongly advised to consult regulations 30 and 31 of the Disciplinary Procedure in the Public Service Commission Regulations.

Representations by the Head of Department:
A Head of Department who is dissatisfied with the proceedings or findings of the Disciplinary Board may make representations to the Commission in the following instances:
** where the disciplinary charge had been designated by the head of department as a serious offence;
** cases which the head of department had considered to warrant a warning of dismissal;
** cases where the head of department can prove that there has been a gross disregard of the disciplinary procedures which prejudiced the case.

Heads of department should consult regulations 26, 30, 31 and 32 of the Disciplinary Procedure in the Public Service Commission Regulations.

Review of Past Disciplinary Cases:
Regulation 33 of the Disciplinary Procedure in the Public Service Commission Regulations entitles any person who is or has been a public officer and who had been penalized under the disciplinary regulations to petition the Commission to review his/her case for the purpose of amending or revoking the recommendation which the Commission had tendered against him or her.

The petition must be made in writing and addressed to the Executive Secretary, Public Service Commission.

The Commission may only allow a review of the case if, in its discretion, it is satisfied that there was a prima facie case of gross disregard of disciplinary regulations or a serious miscarriage of justice resulting in a violation of natural justice of fundamental rights.

Contact Information

The Public Service Commission
Level 2, Palazzo Spinola Business Centre
46, St Christopher Street,
Valletta VLT 1464
Malta

Office Opening Hours: 8.00am – 4.00pm
Telephone : 2122 2063/4
Email: psc@gov.mt