Browsing by Author "Odongo, Richard Mickson"

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    The law, procedure and practice applicable in the conduct of disciplinary proceedings in the Tanzania public services: a case study of the civil service.
    (University of Dar es Salaam, 2004) Odongo, Richard Mickson
    This study is essentially on the conduct of disciplinary proceedings in the Civil Service. It is in other words an examination of the law, procedure and practice applicable in handling disciplinary cases in the Civil Service. This dissertation is presented in six chapters. The first chapter constitutes a background to the study and the problem of the research. The second chapter is on historical perspective including the security and tanure and in particular the pleasure doctrine. Using case law, the study concludes that the English position that the civil servants hold their offices at pleasure is not applicable to Tanzania. Chapter three addresses the disciplinary proceedings conducted in the Civil Service. It examines the Civil Service Act, 1989 and the Regulations made thereunder. Using case law where appropriate the work examines the method employed in the conduct of disciplinary cases conform to the general standard that is the principals of natural justice. Chapter four is on the applicability of the rules of natural justice and discretionary powers in the conduct of disciplinary cases. The chapter examines the extent to which disciplinary authorities adhere to these cardinal principles of justice when making disciplinary decisions. Using disciplinary appeal cases the study depicts the failure by disciplinary authorities to adhere to the two principles with an impact on an increase in violation of disciplinary procedures. Chapter five covers the double jeopardy principle. It answers the question whether disciplinary authorities are justified in law to commence disciplinary proceedings after a civil servant is acquitted of criminal charges by competent court of law. The study unmasks instances where competent courts decisions have been blantly ignored at the detriment of the civil servants. Chapter six is conclusions and recommendations.