CEYLON GOVT. GAZETTE EXTRAORDINARY
SEPT. 22, 1947 1909
Prosecution of public officers and procedure on conviction. 55. (i.) When a disciplinary inquiry discloses that the criminal law might be set in motion by a criminal prosecution the Head of the Department must consult the Attorney-General as to whether a pro- secution should be entered and if he does not advise prosecution, whether disciplinary action should be taken under the Public Service Regulations. In the latter case the charges framed against the officer must be sent to the Attorney-General for approval and scrutiny before the officer is required to answer them.
(ii.) Where however the provisions of any law (e.g. sections 121 (2) and 127 of the Criminal Procedure Code) require action to be taken within any specified period and such period is insufficient for action to be taken as in paragraph (i.) above, the Head of Department con- cerned should be informed of the proceedings with as little delay as possible.
56. When the Inspector-General of Police is of opinion that a public officer should be prosecuted on account of an offence connected with his duties, he should obtain the concurrence of the Head of the Department before prosecution is entered. In cases where the Head of the Department disagrees with the opinion of the Inspector- General of Police, the matter should be referred by the former to the Permanent Secretary to the Ministry for decision. Where however the provisions of any law (e.g., section 121 (2) and 127 of the Criminal Procedure Code) require action to be taken within any specified period and such period is insufficient for sanction to be obtained beforehand, information of the proceedings should be given to the Head of Department concerned with as little delay as possible.
57.
If criminal proceedings are instituted against an officer, proceedings for his dismissal upon any grounds involved in the crimi- nal charge shall not be taken pending the conclusion of the criminal proceedings.
58. (i.) Where an officer is convicted in a Court of Justice on a criminal charge, the Court should report his conviction and the nature of the offence of which he was convicted to the Head of his Department. The Head of the Department concerned shall there- upon take action as provided in Regulations 39, 47, 50 or 54 (ii.) as appropriate.
(ii.) If an appeal is made to a higher Court against the conviction, the lower Court should so report to the Head of the Department, and the final decision in regard to disciplinary action will not be taken until the appeal has been decided.
59. If an officer is convicted on a criminal charge he shall not receive any emoluments from the date of conviction, even if an appeal is made to a higher Court against the conviction, pending considera- tion of his case by the proper authority appointed to deal with the same under these regulations. The Head of the Department con- cerned shall take steps to see that the payment of salary is stopped from the date on which the officer was convicted.
60. An officer acquitted of a criminal charge shall not be dismissed on any charge upon which he has been acquitted, but nothing in this regulation shall prevent his being dismissed or otherwise punished on any other charges arising out of his conduct in the matter, pro- vided that they do not raise substantially the same issues as those on