Section 136: Appointments, etc., of public officers.

(1) Subject to the provisions of this Constitution, the power to appoint persons to hold or act in offices in thepublic service (including power to make appointments on promotion and to confirm appointments) and to dismiss and to exercise disciplinary control over persons holding or acting in such offices shall vest in the Public Service Commission. (2) The President may, subject to such conditions as he may think fit, delegate any of his functions relating to the making of appointments etc., by directions in writing to the Public Service Commission or to a committee thereof or to any member of the Commission or to any public officer. (3) Before the Public Service Commission appoints to any public office any person holding or acting in any office, the power to make appointment to which is not vested in the Public Service Commission, it shall consult the person or authority in whom that power is vested. (4) The Public Service Commission shall, upon request made to it by any person or authority having power to make an appointment to an office under this Constitution or in any other public institution, make recommendations to that person or authority for the appointment of any public officer or any other person to any office, the power to make appointment to which is vested by this Constitution or any other law in that person, authority or public institution. (5) The power to transfer persons holding or acting in offices in the public service from one department of Government to another shall, (where such transfer d not involve promotion) vest in the Public Service Commission. (6) The provisions of this Section shall not apply in relation to any of the following offices— a) the office of any Justice of the Supreme Court or of the Court of Appeal, or a Judge of the High Court; b) the Director of Public Prosecutions; c) the office of Auditor-General; d) any office to which Section 119 (which relates to offices within the jurisdiction of the Judicial and Legal Services Commission) applies; e) any office to which Section 138 (which relates to the offices of Ambassadors and certain other offices) applies; f) any office to which Section 139 (which relates to the offices of Permanent Secretaries and certain other offices) applies; and g) any office the remuneration of which is calculated on a daily rate: Provided that the power of transfer vested in the Public Service Commission under subsection (5) of this Section may be exercised in the case of persons holding any of the offices specified in this subsection where such persons express their consent in writing to such transfer. (7) The provisions of this Section shall not apply in relation to any office in the Sierra Leone Police Force except in the following cases— a) with respect to appointments (including appointments on promotion and the confirmation of appointments) of persons to hold or act in the office of Chief Inspector or any office of higher rank (other than of the Commissioner of Police) and the dismissal and disciplinary control of persons holding or acting in any such office; and b) subject to the provisions of subsection (8), with respect to the dismissal or reduction in rank of any persons holding or acting in any office below the rank of Chief Inspector. (8) Unless Parliament otherwise provides, the power to dismiss or reduce in rank any person holding or acting in an office in the Sierra Leone Police Force below the rank of Chief Inspector shall be exercised under subsection (1) only on the recommendation of the Commissioner of Police. (9) No appointment shall be made under this Section to any office on the personal staff of the President or a Vice- President unless he signifies his personal approval of the appointment. (10) The Public Service Commission shall not dismiss, or inflict any other punishment on, a public officer on grounds of any act done or omitted to be done by that officer in the exercise of a judicial function conferred upon him unless the Judicial and Legal Service Commission concurs therein. (11) No Member of the public service shall be a) victimised or discriminated against directly or indirectly for having discharged his duties faithfully in accordance with this Constitution; b) dismissed or removed from office or reduced in rank or otherwise punished without just cause. (12) The Public Service Commission may, with the prior approval of the President, make Regulations by constitutional instrument for the effective and efficient performance of its functions under this constitution or any other law, and may with such prior approval and subject to such conditions as it may think fit delegate any of its powers to any of its members or to any public officer. (13) Save as is otherwise provided in this Constitution, the Public Service Commission shall not be subject to the control or direction of any other person or authority in the performance of its functions under this Constitution or any other law. Duties relating to the Public Service Commission and Public Corporations.