1989 Ed.]
Customs and Excise Service (Discipline) Rules
[CAP. 342
B7
[Subsidiary]
(12) A record of the proceedings at the hearing of the case shall be taken and, if the officer charged contemplates an appeal under these rules, a transcription of the record shall be made and a copy thereof supplied to him at his request made within the period during which the appeal may be brought.
(13) Evidence shall not be taken on oath.
9.
Adding or amending charges
(1) A charge may be amended or a further charge added at any time prior to a finding being communicated to the officer charged.
(2) The amended or new charge shall be read and explained to the officer charged and he shall be called upon to plead to such amended or new charge and shall be entitled to a reasonable adjournment to prepare his further defence.
(3) The provisions of rule 8 and of subrules (1) and (2) of this rule shall apply to the amended or new charge, with such modifications as are necessary.
PART IV
PUNISHMENT
A
10. Proceedings after hearing of charge
At the conclusion of the hearing of a charge, the Commissioner shall-
(a) if in his opinion the evidence does not show that a disciplinary offence has been committed, dismiss it;
(b) if in his opinion the evidence does show that a disciplinary offence has been committed, either-
(i) impose a punishment within his powers; or
(ii) refer the case to the Governor.
11. Reference of case to Governor
(1) Whenever the Commissioner refers a case to the Governor under rule 10(b) he shall forward-
(a) a copy of the record of the proceedings (including the charge) certified by himself to be a true copy of the original thereof;
(b) the subordinate officer's record of service;
(c) a report setting out-
(i) his reasons for considering the charge proved; and
(ii) his recommendation with respect to punishment or otherwise.