AN APPRAISAL OF THE PROCEDURE FOR DISMISSAL OF AN EMPLOYEE UNDER THE ANAMBRA STATE PUBLIC SERVICES RULES 2014

Abstract

The administrative procedure for the dismissal of an employee in the public service is an important aspect of employment law, balancing the rights of employees with the need for administrative discipline. This article critically appraises the procedure for the dismissal of an employee under the Public Service Rules of Anambra State, 2014. It examines the legal framework governing dismissal, the procedural safeguards in place, and the extent to which these rules comply with constitutional right to fair hearing. The study examined the meaning of gross misconduct, dismissal of an employee, issuance of query, constitution of board of inquiry and the role of the Civil Service Commission in ensuring compliance. The paper found that the procedures contained in the Anambra State Public Service Rules makes adequate provisions for fair hearing for employees facing disciplinary action. The paper adopted the doctrinal research methodology and utilized both the primary and secondary sources of data including statutes, journal, textbook and subsidiary legislations. The paper recommends that the Anambra State Public Service Rules be amended to increase the timeframe for commencing and concluding disciplinary proceeding to 90 days in circumstances where a board of enquiry is constituted. The Rule should also allocate specific timeframe for answering of query, investigation by the board of inquiry and taking of decision by the Commission.