1986 Ed.]
Prison Rules
[CAP. 234
248. Where the Deputy Commissioner hears any charge which has been referred to him by the Commissioner under rule 245(3), he shall, after hearing all of the evidence and the explanation, if any, of the officer or person charged, either dismiss the charge or, if he finds the charge proved, he shall-
(a) administer a caution; or
(b) award any one or more of the following punishments-
(i) reduction in rank;
(ii) stoppage or deferment of increment;
(iii) where the charge is an offence against rule 239(k)(i), forfeiture of pay (excluding allowances) for a period not exceeding one month or the period of absence, whichever is the greater;
(iv) a fine not exceeding one month's salary (excluding allowances);
(v) severe reprimand;
(vi) reprimand; or
(vii) extra duties.
249. The Commissioner shall on consideration of a case referred to him under rule 245(2) or, where he deals with a case referred to him under rule 245(3)-
(a) if in his opinion the evidence does not show that a disciplinary offence has been committed, dismiss the charge;
(b) if in his opinion the evidence does show that a disciplinary offence has been committed, either—
(i) award a punishment within his powers; or (ii) refer the case to the Governor.
250. (1) Whenever the Commissioner refers a case to the Governor under rule 249(b)(ii) 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 record of service of the officer or person charged;
(c) a report setting out-
(i) his reasons for considering the charge proved; and
(ii) his recommendation with respect to punishment or otherwise.
(2) Whenever the Commissioner so refers a case he shall notify the officer or person concerned that he has done so and that the officer or person may make representations in writing to the Governor within 14 days of such notice or such further period as the Governor may allow.
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[Subsidiary]
Power of Deputy Commissioner to make disciplinary awards. L.N. 242/83.
Powers of Commissioner on considering a referred case or on hearing of charge. L.N. 154/77. L.N. 242/83.
Reference of case to Governor. L.N. 154/77.
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