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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 officer 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 Committee.
(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 a copy thereof or given access thereto.
(v) The Committee may in its discretion permit the Government or the officer, to be represented by an officer in the public service or, in exceptional cases, by solicitor or counsel, and may at any time, subject to such adjournment as in the circumstances may be required, with- draw such permission; provided that where the Committee permit the Government to be represented they shall not refuse the officer permission 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.
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