"(3) For the purposes of regulations 56 to 66, punishment includes dismissal, compulsory retirement. without pension, gratuity or other allowance, or with reduced benefits, fine, reduction in rank,
severe reprimand, reprimand, stoppage or deferment
of increments and reduction in salary, but not retirement
in the public interest. under the provisions of regulation 59"
1.
CR 55 (Para 4(B) of your telegram No 1446)
5.
This CR provides that an officer may be removed from office at the pleasure of the Crown signified through the Secretary of State.
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6. The regulation is not normally to be used in cases of misconduct, since there would generally be no reason why disciplinary proceedings should not be taken under CR 57 or CR 58. In practice ito uno in cases of misconduct should be confined to those in which (u) there is overwhelming evidence of misconduct which would justify dismissal or compulsory retirement, and (b) the evidence cannot (eg for security reasons) be produced, or its source revealed, in court or in disciplinary proceedings against the officer.
:
7. In certain circumstances it may be appropriate to remove un officer from office under CR 55 where thore is no misconduct on his part eg in the case of an officer whose wife is connected with a subversive organisation. In such cases the officer should leave with full earned superannuation benefits. But in cases in which thore is. no misconduct, and in which compulsory retirement is not to ba regarded as a punishment, CR 55 should not be invoked if it is practicable to make use of the procedure for rotiroment in the public interest under CR 59, or, if the officer is over 45 years of age, for retirement under section 8(2) of the Pensione Ordinancer
8. When CR 55 is used, to pre-empt the possibility of subsequent Parliamentary criticism, and in the, interests of natural justice the officer should normally be told the grounds on which it in proposed to remove him from office (this does not imply that all! the detailed evidence should be disclosed to him, or its source); and given an opportunity to make representations before a final decision is taken. We have it in mind that in future all muda-
vacpi
tions for removal from office under CR 55 should, after boiur processed in the usual way in the territory and by FCO officials. be referred to an independent committee of two "wise men", who will be asked to advise the Secretary of state both or the removal of the officer and on any question of forfeiture, suspension or reduction of superannuation benefits. This proposal is based on the unalogy of the Civil Appeal Board procedure in the UK, where such cases are referred to a panel of "three wise men" the official side of which is drawn from retired civil servants at Under-Secretary level. Our suggestion is that normally the committee to advise on a case of removal from office under CR 55 should consist of one retired Governor and one senior retired judicial/legal officer.
9. Depending on the circumstances of the case, the significat con of Her Majesty's pleasure undo: OR. 55 may be to the effect black bbe officer should be disnizasd, (in which case he is normallyizli,ible
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CONFIDENTAL
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