A 56
CAP. 234]
[Subsidiary]
Prison Rules
[1986 Ed.
G.N.A. 68/61. L.N. 154/77.
L.N. 154/77.
Rights of officer or person charged at hearing.
G.N.A. 68/61.
Power of Superintendent to make
disciplinary awards.
L.N. 2/74. L.N. 242/83.
(b) if the officer or person charged denies the charge, the Superintendent shall, at the earliest possible moment, arrange for the attendance of all necessary witnesses and shall, after hearing all the evidence and the explanation of such officer or person, either dismiss the charge or, if he finds the charge proved, administer a caution or make a disciplinary award within his powers.
(2) Where the Superintendent, after hearing all of the evidence on a charge under paragraph (1), comes to the conclusion that the charge is proved but that the case should be referred to the Commissioner he shall so refer the case and shall forthwith inform the officer or person charged accordingly.
(3) Where on consideration of the report on which the charge is based and the written statements (if any) the Superintendent considers that the charge is not within his competence or that, although it is within his competence, his powers of punishment would be insufficient if the charge were admitted or found proved, he shall refer the case to the Commissioner and shall so inform the officer or person charged; and the Commissioner may either deal with the case himself or direct the Deputy Commissioner to hear the charge and shall so inform the officer or person charged accordingly.
246. Where the Commissioner, Deputy Commissioner or Superintendent, as the case may be, hears a charge against any officer or other person employed in the prisons—
(a) such officer or person shall be allowed to hear all of the evidence against him, to cross-examine any witness giving such evidence and to examine any witness called in his defence;
(b) the Commissioner, Deputy Commissioner or Superintendent shall take or cause to be taken notes of every statement made in evidence, whether under examination or cross-examination, and of any statement made before him by the officer or person charged, and shall invite the person by whom any such statement was made to sign the notes taken thereof.
247. The Superintendent may make any of the following disciplinary awards—
(a) (i) administer a fine of an amount not exceeding 1 day's pay, which may or may not be accompanied by a reprimand, or a severe reprimand; or
(ii) without administering a fine, award a reprimand, or a severe reprimand; or
(b) award extra duty for a period not exceeding 12 hours provided that such extra duty shall not exceed 6 hours in one working week.