55. An officer holds office subject to the pleasure of the Crown, and the pleasure of the Crown that he should no longer hold it may be signified through the Secretary of State, in which case no special formalities are required.
56. If it is represented to the Governor that an officer has been guilty of misconduct, and the Governor is of opinion that the misconduct alleged is not serious enough to warrant proceedings under Regulations 57 and 59, with a view to dismissal, he may cause an investigation to be made into the matter in such manner as he shall think proper, and the officer shall be entitled to know the whole case made against him, and shall have an adequate opportunity throughout of making his desence.
If as a result the Governor is of opinion that the allegation is proved, he may inflict such punishment upon the officer by way of fine or reduction in rank, or otherwise, as may seem to him just.
In the case of an officer holding an office, the appointment to which is subject to the approval of the Secretary of State, or an officer who, though not holding such an office, was selected for appointment by the Secretary of State, the punishment proposed, if other than a reprimand, shall be immediately reported to the Secretary of State and the report shall be accompanied by a statement of the offence, the evidence in support, and Anch obarvations as the officer has made or desires to make. The Secretary of State may approve, vaty or remit the punishment.
This Regulation is without prejudice to any local law or regulation providing for the punishment of officers by the Governor or the head of a department.
57. For the purpose of this and the next succeeding Regulation, the term "officer" means an officer who neither holds an office appointment to which is subject to the approval of the Secretary of State, nor was selected for appointment by the Secretary of State. Such an officer may, subject to the provisions of paragraph (vi) of this Regulation, be dismissed by the Governor duly in accordance with the rules contained in paragraphs (i) to (v) of this Regulation, unless the method of dismissal is otherwise provided for in these Regulations, or by local law or regulations:
(i) The officer shall be notified in writing of the grounds upon which it is intended to dismiss him; and he shall be given a full opportunity of exculpating himself.
(ii) The matter shall be investigated by the Governor with the aid of the Head of the officer's Department or such other officer or officers as the Governor may appoint, provided that in the case of an officer whose pensionable emoluments exceed £1,000 per annum or such other figure as may be laid down from time to time by the Secretary of State, the procedure laid down in Regulations 59 (i) to (vii) shall be followed.
(iii) If any witnesses are called to give evidence the officer shall be entifled to be present and to put questions to the witnesses.
(lv) No documentary evidence shall be used against the officer unler he has previously been supplied with a copy thereof or given necem Merito.
(v). In lieu of dismissal the Governor may at his discretion impose Rome lewter penalty, for example reduction in rank, stoppage of :. Increment, fine or reprimand. Alternatively, if the proceedings disclose grounds for so doing, he may without further proceedings require the officer to retire in accordance with Regulation 58.
(vi) If the officer is convicted on a criminal charge, the Governor may, upon a consideration of the proceedings of the court, dismiss the officer or subject him to some lesser penalty. Alternatively, if the proceedings disclose grounds for so doing he may without further proceedings require the officer to retire in accordance with Regulation 58. Action may be taken under this Regulation if an officer is charged with a criminal offence and the Court finds the charge proved but exercises its powers under the legislation of certain Territories and, on grounds of leniency, does not enter a conviction. Such a finding may be regarded as a conviction for the purpose of this Regulation.
B
Col. Regs