1904
CEYLON GOVT. GAZETTE EXTRAORDINARY
SEPT. 22, 1947
(iii.) The Committee shall inform the officer that on a specified day the charges made against him will be investigated by them and that he will be allowed and, if the Committee shall so determine, be required to appear before them to 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 their discretion permit the Government, or the officer, to be represented by an officer in the Public Service or, in exceptional cases, by a lawyer, and may at any time, subject to such adjournment as in the circumstances may be required, withdraw such permission; provided that where the Committee permits the Government to be represented they shall not refuse the officer permission to be similarly represented.
(vi.) If during the course of the inquiry grounds for the framing of additional charges against the officer are disclosed the Committee may inform the Public Service Commission of the same and if the Commission thinks fit to proceed against the officer upon such grounds the same procedure shall be followed by the Permanent Secretary in framing additional charges as was adopted in framing the original charges.
(vii.) The Committee having inquired into the matter shall forward their report thereon to the Secretary to the Public Service Com- mission, accompanied by the record of charges framed, the evidence led, the defence and other relevant proceedings relating to the inquiry.
(viii.) The Public Service Commission after consideration of the report of the Committee may if it is of opinion that the report should be amplified in any respect or that further inquiry is desirable, refer the matter back to the Committee for further inquiry or report. The Commission shall not itself normally hear witnesses.
(ix.) The Commission shall forward the written proceedings of the inquiry to the Governor together with its recommendation as to the punishment, if any, which should be inflicted on the officer. Such punishment may be dismissal, removal from office on account of general inefficiency or some lesser punishment. Action shall there- upon be taken as ordered by the Governor. The finding on each charge preferred against the officer shall be communicated to him. (but not the reasons for the findings).
37. Notwithstanding the above provisions, if the Permanent Secretary to a Ministry considers that an officer serving in the Ministry should be removed on grounds of general inefficiency which cannot properly be dealt with by specific charges under the foregoing Regulations, he shall procure from the Heads of Departments in which the officer has served statements as to the officer's efficiency or inefficiency and shall allow the officer an opportunity of considering such statements and showing cause why he should not be compul- sorily retired or otherwise dealt with for. general inefficiency. If the Permanent Secretary, after considering the officer's statement, is of opinion that the procedure for framing charges is inapplicable to the case but that the officer should be compulsorily retired or otherwise dealt with for general inefficiency, he shall recommend to the Public Service Commission accordingly. The Public Service Commission will make its recommendation to the Governor in regard