Public Service Rules

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Public Service Rules

FIRS JK Consulting Co. Ltd.

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Public Service Rules

Definition of Public Service Rules It is a government document specifying rights and

privileges of a public servant. It contains personnel policies for the resolution of day to day issues relating to appointments, disciplines, allowances, salaries, leave transport grant, legal protection and retirement benefits provided by government for its employees.

Contents of Public Service Rules The PSR (Revised 1/1/2000 has 23 chapters and

a general appendix which contains Foreign Service regulations. The edition approved recently was condense to 16 chapters.


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Public Service Rules, Cont’d

Method of Numbering Current edition has number with five digits, the

first two indicates the chapter, the third indicates the section within the chapter and the last two give the number of the individual rule within the chapter. The approved edition has six digit binary system.

Discipline Is a universally accepted practice of training

people to adhere to rules, regulations and sanctioning them if they do not conform. It is defined as the committal of offences against laid down policies, rules and regulations of Government. It is an act of physical, mental and moral training which serves as a corrective measure to improve a person, so that he/she will become obedient and upright.


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Procedure This is described as the routine, standard and

formalized way of carrying out official duties. In treating matters relating to discipline in the PSR, its provision should be read in conjunction with all manuals issued by government: such as

Financial Regulations Notes for equivalence by the FCSC Guidelines for appointments, promotion and

discipline issued by the FCSC Administrative Guidelines regulating the

relationship between parastatals, Government owned companies and the Government

Establishment circulars Treasury circulars


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Institutional Structures and Procedure for Appointment, Promotion, Reward for Outstanding Works Composition of Staff Committees responsible for Disciplinary matters:

(i) Junior Staff Committee (Local/Zonal/State)

For Officers on GL 01-06Composition

(a) Director, Personnel Management: Chairman

(b) 7-9 other member (not less than the rank GL. 08)

(c) Representative of the State Civil Service

Commission.(d) 5 members shall from the quorum of the Committee meetings(e) Maximum of 3 officers/members from the

Headquarters may be appointed from the head

quarters to make up the membership if the numbers of members at Zonal/state level is

less than 7.


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Composition of Staff Committees responsible for Disciplinary matters, Cont’d:

(ii) Junior Staff Committee (Head Quarters) GL 01-06

Composition

(a) Director Personnel Management- Chairman

(b) 7-9 members of not below the rank of GL.12.

(c) A representative of the Federal Civil Service Commission

(d) 5 members shall from the quorum including the Chairman


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(iii) Senior Staff Committee (GL 07 -13)Composition(a) Permanent Secretary – Chairman(b) All directors in the Ministry/Extra

Ministerial Office(c) A representative of the Federal civil

Service Commission(d) Director, Personnel Management –

Secretary(e) Quorum shall be informed by the 5

members(f) This committee shall make

appropriate recommendations/comments which shall be

forwarded to the Federal Civil Service Commission for consideration.

(g) On GL 14- 17 officers, the senior staff committee shall forward its recommendations through the

Head of Civil Service commission of the Federation (pool Cadres committee) to the

Federal Civil Service Commission.


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(iv) Composition of Pools Cadres in the Office of the Head of Civil Service of the federation

These pool cadres are: Administrative, Executive, Librarians, Library officers etc on GL 07 -13 and their disciplinary issue are handled by the

committee made up of: (a) Permanent Secretary, Public

Service Office - Chairman.(b) Permanent Secretary, Federal Civil

Service Commission – Member.

(c) Director, Establishments and Industrial Relations – Member.

(d) Director, Federal Ministry of Finance – Member.

(e) Director, Federal Ministry of Education – Member.

(f) Director, Federal Ministry of Works – Member.

(g) Director, Federal Ministry of Housing and Urban Development – Member.

(h) Director, Public Service Office – Secretary.


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Institutional Structures and Procedure for Appointment, Promotion, Reward for Outstanding Works

Categorization of Offences: Offences committed has been categorized into 3 main offences. (i) Acts Constituting General Inefficiency.

Examples that can constitute general inefficiency include:

(a) Failure to keep accurate records.

(b) Habitual lateness to work.(c) Truancy. (d) Closing before the official

closing time. (e) Sleeping always on duty. (f) Signing attendance register for

another colleague who is either late to work or

absent from duty etc. FIRS JK Consulting Co. Ltd.

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Categorization of Offences, Cont’d: (ii) Procedure for Correcting General

Inefficiency.The procedure for correcting general

inefficiency is as follows:(a) The supervising officer shall notify

his subordinate staff in whose work some shortcoming or fault has been observed.

(b) Verbal warning shall be given to the erring officer by his superior and a record of this

shall be done. (c) Issuance of preliminary letter to the

erring officer to bring his/her notice, his or her fault or shortcomings with a view to improving his

usefulness and efficiency to the service. (d) Issuing letter of warning to the

erring officer on three occasions maximum after which termination/retirement follows.


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Categorization of Offences, Cont’d: (iii) Sanctions/Remedies for General

Inefficiency (PSR 03203)

The sanctions/remedies for general inefficiency

as: (a) Recorded verbal (b) Letter of advice(c) Training and retraining(d) Deferred or withholding

increment (e) Termination of appointment (f) Retirement FIRS JK Consulting Co. Ltd.

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Misconduct (PSR 030301) Misconduct is any specific act of wrongdoing or an

improper behaviour which is inimical to the image of the service and which can be investigated and proved.(i) Acts of Misconduct

Misconduct include: (a) Scandalous conduct such

as: Immoral behavour Unruly behaviour Sexual harassment Drunkenness Foul language Assault battery


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Misconduct (PSR 030301), Cont’d

(i) (b) Refusal to proceed on transfer or to accept posting

(c) Habitual lateness to work.(d) Deliberate delay in treating

official document. (e) Failure to keep record. (f) Unauthorized removal of

public records.(g) Dishonesty. (h) Negligence.(i) Membership of cults.(j) Improper dressing while on

duty.(k) Hawking merchandize within

office premises during the hours.

(l) Refusal to take/carry out lawful instruction from superior officers.

(m) Malingering.(n) Discourteous behaviour to the

public. FIRS JK Consulting Co. Ltd.

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(ii) Disciplinary Procedure for Misconduct.

Disciplinary procedure for misconduct shall be as follows:

(a) It shall be the duty of every officer to report any case of misconduct that comes to his

notice to the superior officer to the erring officer.

(b) The superior or supervising officer discusses the matter with the Head of Department.

(c) If it is agreed that an action be taken, the supervising officer shall inform his erring

officer of the details of his alleged

unsatisfactory behaviour and shall call upon him to submit a written

representation within 48 to 72 hours of the receipt of the query to

exculpate himself from any disciplinary measure that may be taken against him.


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(ii) (d) The query, the erring officer’s

representations and his superior officer’s

comments/recommendations shall be forwarded to the Head of

Department within 48 hours of receipt.

(e) A decision may be taken by the Head of Department that:

No further action is necessary and the officer is informed in writing accordingly.

An appropriate formal letter of advice may be issued to the erring officer that no disciplinary measure shall be taken against him in spite of his inability to exculpate himself and he shall duly acknowledge receipt of the letter of adice in writing.

If the erring officer has not exculpated himself and observes some punishment, appropriate disciplinary measures shall be taken against him. FIRS JK Consulting Co. Ltd.

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(iii) Disciplinary measures for Misconduct.The following disciplinary

measures may be taken for misconduct:

(a) Reprimand (b) Written warning(c) Loss of

payment/non payment of salary for the

corresponding days an officer is not at his

duty post/station without

authority. (d) Withholding or

deferment of increment(e) Surcharge(f) Reduction in rank(g) Termination,

retirement or dismissal


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Serious Misconduct (PSR 030401) Serious misconduct is a specific act of very serious

wrongdoing and improper behaviour which is inimical to the image of the service and which can be investigated and if proven, may lead to dismissal. (i) Acts of Serious Misconduct (PSR 030402)

Examples of serious acts of misconduct are:

(a) Falsification of records.(b) Suppression of records.(c) Withholding of files.(d) Conviction on a criminal

charge (other than a minor traffic or sanitary offence of the like).

(e) Absence from duty without leave.

(f) False claims against Government.

(g) Engaging in partisan political activities.

(h) Bankruptcy/serious financial embarrassment.


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Serious Misconduct (PSR 030401), Cont’d

(i) (i) Unauthorized disclosure of official information.

(j) Bribery (k) Corruption (l) Embezzlement(m) Misappropriation(n) Violation of oath of secrecy.(o) Action prejudicial to the

security of the state.(p) Advance fee fraud (Criminal

Code 419).(q) Holding more than one full-

time paid job.(r) Nepotism or any other form of

preferential treatment. (s) Divided loyalty (t) Sabotage (u) Willful damage to public

property


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Serious Misconduct (PSR 030401), Cont’d

(ii) Disciplinary Procedure for Serious MisconductDisciplinary procedure for serious

misconduct is as provided in the PSR 030302 – 030306 and can be summarized as follows:

(a) Any case of serious misconduct on the part of an officer is promptly reported to his superior

officer to the Head of Department who shall cause necessary action

to be taken in consonance with the procedure for misconduct. If it is then

established that the case is serious misconduct, the appropriate Staff Committee shall forward the

following documents relating to the case to the Federal Civil Service

Commission within 2 weeks of its sitting:

Officer on GL 07 – 13The queryErring officer’s submissionsMinutes of the meeting of the Staff CommitteeOther relevant documents


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Serious Misconduct (PSR 030401), Cont’dOfficer on GL 14 – 16

The documents listed above shall be sent to the HOS for comments/recommendations.

The HOS shall forward the case together with comments/recommendations to the FCSC within 2 weeks.

The FCSC shall decide the case within 2 weeks.

Officers on GL 17 and above including PermanentSecretaries: The FCSC shall receive and consider

recommendations/comments from the Federal Service Management Committee within 2 weeks of receipt.

Postponement of Disciplinary Proceedings against aFemale Staff: Any disciplinary action or proceedings against a female

staff during the period of her maternity leave shall be postponed till her maternity leave expires.

Time-Limit for Conclusion of Disciplinary Proceeding: No disciplinary action against any staff shall last more

than 3 months. If matter of criminal dimension may however last more three months.


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Effect of Criminal Proceedings on Disciplinary Proceeding:(a) Any officer charged with criminal proceedings

outside official circles shall by no means report the matter to his office.(b) If an officer is eventually convicted for criminal

offence the FCSC may still discipline the officer administratively without going through the normal disciplinary procedure. (c) If acquitted of the criminal offence, the officer shall not be penalized except new issues are raised. (d) An officer convicted of a criminal offence but not on traffic or sanitary offence shall be suspended with effect from the date of conviction. Absence without Leave: Where an officer absented himself/herself from

duty without leave or traveled out of Nigeria without leave shall be summarily dismissed

from service unless he/she could successfully justify his action.


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Types of Discipline

(i) Termination: This is as a result of general inefficiency.

A month’s notice or payment of total emolument in lieu of notice shall be paid to an officer whose appointment

is terminated. The effective of termination shall be as contained in the letter of termination.

(ii) Interdiction: The Head of Department/Chief Executive shall

interdict an officer to allow for investigation of an offence. He shall be on half pay until the case is determined.

(a) An interdicted officer shall be banned from the performance of his

duties.


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Types of Discipline, Cont’d Interdiction, Cont’d

(b) Effect of Interdiction: An officer interdicted shall be on half pay until the case is determined.

He shall not leave his station without approval of his HOD.

He shall not travel out of Nigeria without approval of the FCSC.

If he changes his address, he must notify his HOP of his new address so that instructions may be effectively communicated to him. If he fails to comply with any instructions within 7 days eh will be regarded as absent from duty.

(c) Re-instatement of an Interdicted Officer: Where an interdicted officer is found not to be guilty of an offence as charged, he shall be immediately reinstated and shall be paid any past of emolument denied him while on

interdiction.

(d) Where an officer is found guilty but he is not dismissed, the FCSC shall determine the amount of his emolument

to be paid to him. FIRS JK Consulting Co. Ltd.

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Types of Discipline, Cont’d

(iii) Suspension: This punishment is applied where a

prima facie case, the nature of which is serious has been established against an officer and his

continued retention in service will be inimical.Effect of Suspension

An officer suspended shall: (a) cease to exercise the powers

and function of his office. (b) cease to enjoy his salary.(c) nor leave his station without

the approval of his Permanent Secretary/Head of Extra-

Ministerial Department. (d) not leave the country without

the approval of the FCSC.

(e) notify his ministry/office of his new address, if any FIRS JK Consulting Co. Ltd.

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Types of Discipline, Cont’d(iv) Dismissal:

This means bringing to an end by the employer, the service of an employee who was found guilty of

serious misconduct. This is an ultimate penalty for serious misconduct.

Effect of Dismissal An officer dismissed: (a) shall forfeit all claims to leave or

leave transport grant.(b) shall not be entitled to retirement

benefits. (c) shall refund in full any money

owed to Government.

(d) shall vacate Government quarters immediately.

(e) all government property in his care shall be handed over immediately and completely

Effective Date of Dismissal This shall be the date so stated on the letter

of dismissal. Retirement in Public InterestGovernment may dispense with the services

of an officer for the greater interest of the public.


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Petitions and Appeal

(i) Definition: Petition is an appeal by an aggrieved officer or a member of public

for the ultimate authority for a matter affecting him personally.(ii) Procedure for Channeling a Petition:

(a) An aggrieved officer shall submit the original of the petition plus enough copies for all who shall

consider the petition to his immediate

supervising officer. (b) The petition shall be forwarded

through the Permanent Secretary/Head of Extra-Ministerial

Office to the Federal Civil Service Commission with an advance copy to the FCSC direct by the

petitioner. (c) An aggrieved former staff shall

petition the FCSC directly in failing to receive satisfactory redress

on time. The original copy shall be forwarded to the FCSC while the duplicate shall be forwarded to the relevant ministry or extra-ministerial office

for comments.


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Procedure for Channeling a Petition:(d) The Permanent Secretary/Chief Executive of

the ministry/extra-ministerial office shall forward his office’s comment on the petition to the FCSC within

4 weeks of receipt. (e) Invalid Appeal/Petition: This is one that:

(i) deals with a case in which legal action is pending in a court of law.

(ii) is illegible or meaningless.(iii) is anonymous. (iv) is worded in abusive, improper

or foul language

(v) only repeats the contents of a previous appeal or a petition without any new relevant

issues. (f) Rights of Appeal: Appeal is a formal request by an officer or member of the public address to an appropriate senior officer of government against the decision of the appropriate authority.


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Procedure of Appeal(i) All appeals against the decisions

of the Junior Staff Committee.

(ii) All appeals against the decision of the Senior Staff

Committee shall be forwarded to the Federal Civil Service

Commission. (iii) All appeals to the FCSC shall be forwarded

through the Permanent Secretary/Chief Executive of the

ministry/extra- ministerial Office of the aggrieved officer.

(iv) The Director of Personnel of the ministry/extra-ministerial office shall ensure that the original appeal, the brief and

minutes of the appropriate committee plus their

recommendations are forwarded to the FCSC.

(v) An aggrieved officer who has left the service shall appeal directly to the Federal Civil Service Commission.

(vi) An aggrieved officer whether in service or not can appeal to the Head of State through the Federal Civil Service

Commission for its comments. An advance copy of the

appeal shall be forwarded to the Head of State by the

aggrieved officer.(vii) Where a Staff Committee does not entertain an

appeal for whatever reason, the Federal Civil Service Commission shall do so relying on the advance copy

forwarded to it by the aggrieved officer.


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Annual Performance Evaluation Reports Reporting Officer:

A reporting officer who must not only be at least one substantive grade level above the officer being reported on but must be the immediate superior officer under whom the offices being reported on directly works.

Dual Serving Officer:If an officer served in more than one department before his report is rendered, the reporting officer shall be immediate superior officer under whom he worked for greater part of the normal period a report shall cover.

Countersigning Officer:A countersigning officer should access every report judiciously before countersigning. Reports should be full and candid. Any adverse report in an officer’s report must be communicated to him in writing and a record of this must be kept where an officer is seconded to another office, the head of the office to which the officer is seconded should ensure that the report is written by his office.


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Annual Performance Evaluation Reports, Cont’d Progress Report:

This is meant to provide in respect of officers on probation or initial contract, a full record of each officer’s work, conduct and capabilities so that a determination may be made about the officer’s suitability for confirmation or re- engagement. Timing:

Progress reports should be written quarterly to cover the two years of probationary period.

Annual reports of senior officers should be rendered to the FCSC for final decision while that of the junior staff should be rendered to reach the Permanent Secretary/Head of Extra-Ministerial Department for final decision. Certificate of Service:

This should be issued to all officers leaving the service. Those for senior officers require the countersignature of the Permanent Secretary, Federal Civil Service Commission while those of junior staff require the counter signature of the Permanent Secretary office of establishments and management services.


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Medical and Dental Procedure

Among the topics in the PSR are provisions for medical check-up, procedure for medical check-up and medical treatment abroad. The procedure provides that applications for medical check-up should be addressed to the chief medical officer for comments and approval.


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OvertimeDefinition: Overtime is defined as time spent performing official duties outside normal hours of work.

Entitled Officers: These are officers on GL 01 – 13.

Authority must be embarked before any overtime is embarked upon.

Method of Calculating Overtime Overtime shall be calculated in half-hours and

to nearest half hour e.g. a man who works 15 minutes overtime; that period is disregarded for overtime payment.

Overtime at work-free days, double time hourly rate shall be paid, subject to a minimum payment for four hours in respect of each day.


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Council Memoranda: This is an unofficial secret document of the Federal

Executive Council presented by a Minister on policy matter or proposals for Government consideration and approval.

Main Features of a Council Memorandum are:(i) Ownership of document, Copy No., Secret,

Classification Date (ii) Subject Matter:(iii) Introduction (providing antecedent or background and present situation)(iv) Main body – clear and analysis of issues,

information, facts and figures. (v) Prayer – specific recommendation(s)(vi) The name, initials and designation of Minister

submitting the memo.(vii) Place e.g. Abuja and date.


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Public Service Rules, Cont’d The Civil Service Hand Book This is a publication of Government published by Presidency

office of establishments and management services in the office of the Head of the Civil Service of the Federation.

The Handbook was published with a view to achieving specific objectives, that is, to serve as reference publication which every civil servant can feel confident to refer to when the need arises.

It informs civil servants about the modus operandi of the civil service, enlightens them about what the service expects of by way of conduct, behaviour, commitment and professionalism. A whole chapter is devoted to the conduct of Government business.

In putting the publication together, it was considered necessary to have inputs from some arms of the service. In this context the cabinet secretariat provided information on the functions of the proc=visional ruling council, the Federal Executive Council and the National Council of Sates.

The federal ministry of finance provided information on Government revenue and expenditure while the National Planning Commission wrote on the national development plans. The section on registry procedures was reviewed by the experts on registry procedures from the office of Head of Service.

The Handbook has a total of 12 chapters covering the various areas of Government activity.


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