146

Article 146 1. The Public Service Appeal Board shall hear complaints by persons aggrieved by - a. an appointment made to an office; b. a promotion to an office; c. disciplinary proceedings taken in respect of an officer; d. the termination of appointment of a person who was holding an office; e. any decision relating to the qualification of a person who has applied for an office or is serving in an office, f. in the public service. 2. Clause (1) shall not apply to an office the appointment to which falls within the competence of the Constitutional Appointments Authority or an office referred to in Article 62 (3) or any other law. 3. The Public service Appeal Board may refuse to consider an appeal or complaint where it is of the opinion that - a. it is frivolous, vexatious or trivial or made in bad faith; or b. the making of the complaint has, without reasonable cause, been delayed for more than six months, or the complaint is the subject of proceedings before the court. 4. where after considering a complaint the Public Service Appeal Board is of the opinion that the complainant has been aggrieved as alleged in the complaint, the Board shall order the public authority concerned to take such appropriate action as is specified in the order within the time specified in the order and where the public authority fails to comply with the order the Board shall make a report to the National Assembly. 5. The Public Service Appeal Board shall, in addition to any report it may make under clause (4), make, before the 31st January of each year, a report to the National Assembly in respect of the performance of its functions during the immediately preceding year. 6. A complaint made under this Article shall not affect the right of the complainant or other person to take legal or any other proceedings under any other law. 7. For the purposes of this Article - "body" means a body of persons whether corporate or incorporate; "public service" means service under a public authority; "public authority" means a Ministry, department, division or agency of the Government or a statutory corporation or a limited liability company which is directly or ultimately under the control of Government or any other body which is carrying out a governmental function or service or a body or person specified by an Act.