58. Notwithstanding the above provisions, if the Governor considers that it is desirable in the public interest that any oflicer should be required to retire from the Service on grounds which cannot suitably be dealt with by the procedine laid down in Regulation 57, he shall call for a full report from the heads of the departments in which the officer has served; and if, after considering that report and giving the officer an opportunity of submitting a reply to the complaints by reason of which his retirement is contemplated, he is satisfied, having regard to the conditions of the Service, the usefulness of the officer thereto and all the other circumstances of the case, that it is desirable in the public interest so to do, he may require the officer to retire, and the officer's service shall accordingly terminate on such date as the Governor shall specify. In every such case the question of pension will be dealt with under the laws or regulations of the 'Territory.
59. An officer holding an office appointment to which is subject to the approval of the Secretary of State, or who, though not holding such an office, was selected for appointment by the Secretary of State, may be dismissed by the Governor only in accordance with the following rules unless the method of dismissal is otherwise provided for in these Regula- tions, by the Constitution of a Territory, or by local law or regulations:
(i) The oflicer shall by direction of the Governor be notified in * Writing of the grounds on which it is proposed to dismiss him and he shall be called upon to state in writing before a day to be specified
(which day must allow a reasonable interval for the purpose) any grounds upon which he relies to exculpate himself.
(ii) If the officer does not furnish such statement within the time fixed by the Governor, or if he fails to exculpate himself to the satis- faction of the Governor, the Governor shall appoint a Committee to inquire into the matter. The Committee shall consist of not less than three persons. The Chairman shall be a Judge, Magistrate or Legal Officer, or, with the approval of the Secretary of State, some other person possessing legal qualifications. The members of the Committee shall be selected with due regard to the standing of the officer concerned, and to the nature and quality of the complaints which are the subject of the inquiry. The head of the officer's Department shall not be a member of the Committce.
(iii) The officer shall be informed that on a specified day the question of his dismissal will be brought before the Committee and that he will be allowed and, if the Committee shall so determine, required to appear before the Committee and defend himself.
(iv). If witnesses are examined by the Committee, the officer shall be given an opportunity of being present and of putting questions to the witnesses on his own behalf, and no documentary evidence shall be used against him unless he has previously been supplied with n copy thereof or piven access thereto,
(v) The Committee many in its discretion permit the Government or the officer, to be represented by an officer in the public service or, in exceptional cures, by solicitor or counsel, and may at any time, subject to such adjournment as in the chicumstances may be required, with- draw such permizion; provided that where the Comunittee permit the Government to be represented they shall not refuse the officer per- mission to be similarly represented.
(vi) If during the course of the inquiry further grounds of dismissal are disclosed, and the Governor thinks fit to proceed against the officer upon such grounds, the officer shall by the Governor's direction be furnished with a written statement thereof and the same steps shall be taken as are above prescribed in respect of the original grounds.
(vii) The Committee having inquired into the matter shall make a report to the Governor, who shall consider the same in Executive Council. If the Council are of opinion that the report should be amplified in any respect or that further inquiry is desirable, they may refer any matter back to the Committee for further inquiry or report accordingly. The Council shall not itself hear witnesses save in exceptional circumstances and at the request of the Governor.
14
A