The simple answer to the question is likely "YES." It appears that the Civil Service Commission may be repeatedly breaching the Constitution.
According to Article 34, Section (Haa), Subsection 6 of 2007 ratified Civil Service Law, the Commission is empowered to terminate employees if they breach the Civil Service law, Regulation, or Code of Conduct.
However, the crucial question here is how the Commission determines if an employee has breached the law. Does the Commission have the authority to make such determinations, or should it rely on the input and advice from other bodies like the Police, Anti-Corruption Commission, or Human Rights Commission?
The simple answer to this question is "No." None of these bodies—the Police, Anti-Corruption Commission, or Human Rights Commission—are legally empowered to decide if an individual has breached the law.
As per the 2008 ratified Constitution, Article 51, Section (Alif), everyone charged with an offence has the right to be presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Furthermore, Article 268 of the Constitution states that all laws in the Maldives must be enacted in accordance with the Constitution. Any law or part of any law that contradicts the Constitution is deemed void and has no force and effect. It is essential to fulfil the obligations imposed by the Constitution, and any conduct contrary to the Constitution is invalid.
Given that the Civil Service Law was ratified in 2007 and the Constitution in 2008, it is clear that the Constitution supersedes the Civil Service Law. Therefore, any decisions made by the Commission regarding breaches of the law and the subsequent imposition of punishments based on these decisions may not align with the Constitution.
In my view, it is the responsibility of the Civil Service Commission to take steps to amend the law to comply with the Constitution. Failure to do so may be interpreted as the Commission deliberately breaching the Constitution.
It is crucial to note that this discussion does not pertain to civil service disciplinary procedures. The civil service code of practice regarding disciplinary actions for failing to meet standards is acknowledged and agreed upon. The focus here is on the Commission's authority to decide if an individual has breached the law, which, according to the Constitution, is not within their jurisdiction. Therefore, any decisions made by the Commission inconsistent with the Constitution should be considered invalid and void.
