JPA said in a recent circular that department heads must identify other reasons to take disciplinary action against an accused officer during the period of the criminal proceedings.

Examples of disciplinary infractions included receiving gifts without permission from their superiors, living beyond their means, negligence in carrying out their duties, absenteeism and participating in political activities.

Legal advice should be obtained from the Attorney-General’s Chambers to avoid complications, department heads were told.

The circular said any action taken against civil servants on the basis of their court cases could be declared illegal in line with the principle of an accused person being presumed innocent until proven guilty.

It is understood that in the past, civil servants who had been sacked on the basis of their court cases had to be reinstated, after the courts had cleared the accused officers of the charges against them, with the sackings deemed unlawful.

The circular said department heads who find cause for disciplinary action against an officer must submit a report on the alleged offence to the relevant disciplinary authority so that proceedings against the officer can commence.