PUBLIC SERVICE IN U.K. DEPENDENT TERRITORIES
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office, the answer would have to be in the affirmative. To say he did not would amount to a legal fiction which could only be created by statute.
Paragraph (ix) recognises that, where there is a Public Service Commission, the functions of the Governor in Council have to be modified in accordance with the constitution of the territory.
Paragraph (xvi) provides that if the officer concerned is a member ✅the subordinate judiciary, the functions of the Committee are to be performed by a Judicial Commission appointed by the Chief Justice. If the officer holds some post in addition to his judicial exe, this paragraph does not apply to charges not related to his on-judicial office unless the Governor so directs.
Dismissal of an officer who is not a Secretary of State's appointee provided for in Regulation 58. If his salary exceeds a stated sum," the inquiry must be held in accordance with paragraphs (i) to (vii) of Regulation 60. Otherwise, the matter is to be investigated by the Governor, assisted by the Head of Department or some other officer. References to witnesses and documentary evidence indicate that the procedure is meant to be judicial in character.
Since, under Regulation 70, any officer is entitled to address the Secretary of State (through the Governor) a person who is not
• Secretary of State's appointee and who considers that he has been smissed or otherwise punished unjustly, can bring his complaint before the Secretary of State.
Criminal proceedings
Proceedings for dismissal may not be taken on grounds involved in any criminal proceedings pending against the officer or on any charge upon which he has been acquitted (Regs. 62 and 65).
An officer who is convicted may be dismissed or otherwise anished without formal inquiry (Regs. 58 (vi) and 63).
efficiency, etc.
Regulations 59 and 68 provide for the compulsory retirement of officer if, though the case is not suitable for disciplinary pro- tredings under the other Regulations, the Governor or, in the case of a Secretary of State's appointee, the Secretary of State is satisfied al, having regard to the conditions of the service, the usefulness of the officer thereto and all the other circumstances of the case, it is desirable in the public interest to require him to retire.
Termination of appointment in this manner does not constitute Esmissal. It is not meant to involve forfeiture of pension, though
may result in a reduction.
- Various levels are prescribed in different territories.
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