Right and duty of officer or person
charged.
Power of
76
(3) Where on consideration of the charge and written statements the Superintendent considers that the charge is not within his competence or that, although it is within his com- petence, his powers of punishment would be insufficient if the charge were admitted or found proved, he shall have the officer or person charged and the reporting officer before him and, if he is satisfied that there is prima facie evidence that the offence charged has been committed, shall refer the case to the Com- missioner and shall so inform such officer or such person.
246, Where the Superintendent hears a charge against any officer or other person employed in the prisons--
(a) such officer or such person shall be allowed to hear all the evidence against him to cross-examine the witnesses giving that evidence and to examine the witnesses called in his defence;
(b) the Superintendent shall take or cause to be taken notes of the statements made in evidence or under examination or cross-examination and of any statement made before him by the officer or person charged, and shall ensure that the notes are signed at the foot thereof by the person by whom the statement was made.
247. The Superintendent may make any of the following dis-
Superinten- ciplinary awards-
dent to
make dig-
ciplinary awards.
Entry of
award.
(a)
(i) administer a fine not exceeding $zo, 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 six hours in one working week,
248. (t) The Superintendent shall enter a disciplinary award disciplinary made by him on the charge sheet which shall be shown to and initialled by the officer or person concerned, and the award shall be recorded in the record of service of such officer or such person.
(2) If the Superintendent dismisses a charge or administers
a caution without making a disciplinary award, no entry shall be made in the record of service of such officer or such person,
249. (1) Any officer or other person employed in the prisons Appeal. may appeal in writing to the Commissioner against any award made by the Superintendent.
(2) The Superintendent shall forward to the Commissioner the written appeal, the documents mentioned in rule 243 and the notes (if any) taken by him at the hearing, together with a written statement by the officer or person concerned giving the grounds of his appeal and the Superintendent's observations thereon, which observations shall be shewn to and initialled by such officer or person, and the Commissioner shall determine the appeal.
Commie- sjoner to
250. The Commissioner may, on consideration of a case Power of referred to him by the Superintendent dismiss the charge or, if he finds the charge proved, make one or more of the following make dis-
ciplinary disciplinary awards-
awards.
(a) recommend to the Governor that the officer or person
concerned be dismissed;
(b) recommend to the Governor that the officer or person concerned be removed from office on the ground of his inability to discharge efficiently the duties of such office;
(c) recommend to the Governor that the officer or person
concerned be reduced in rank;
(d) recommend to the Governor the suspension of the officer or person concerned or the deferment or stoppage of his increment;
(e) recommend to the Governor that the seniority of the
officer or person concerned be reduced or forfeited;
(f) recommend to the Governor that the pay of the officer or person concerned be forfeited for such period as he may think appropriate;
(g) award a fine not exceeding $50;
(h) award any of the punishments which are within the
competence of the Superintendent to award.