PUBLIC RECORD OFFICE
Reference :-
C.O. 885
25
BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
ALLY WITHOUT PERMISSION OF THE
Miscellaneous,
No. 45.
Printed for the use of the Colonial Office.
HOLDERS of patent offices may be removed from such offices by the Governor and Council under the second section of the Act 22 Geo. 3. c. 75 (amended by 54 Geo. 3. c. 61); but care must be taken that the Officer is heard after being apprised of the charge against him, and it will be convenient that the course prescribed in case of suspension should be pursued in any proceedings for removal.
Against any such removal an appeal lies to Her Majesty in Council, which should be prosecuted like any other appeal.
The following Rules, unless the mode of suspension is otherwise provided for by some local law, must be strictly observed in proceeding to suspend from the exercise of his office any public officer who has been appointed by virtue of a commission or warrant from the Crown, or whose emoluments exceed 100%. a year.
The Governor shall signify to the officer, by a statement in writing, the grounds of the intended suspension, and shall call upon him to state in writing before a day to be specified (which day must allow a reasonable interval for the purpose) any grounds upon which he relies to exculpate himself.
If the officer does not furnish such statement within the time fixed by the Governor, or if he fails to exculpate himself to the satisfaction of the Governor, the Governor shall apprise the officer that on a day (to be specified), the question of his suspension will be brought before the Executive Council (or, in British Guiana, before the official members of the Court of Policy), and that he will be allowed, and, if the Council so determine, required to appear before the Council and defend himself orally.
If any witnesses are examined by the Council, the officer must be allowed the opportunity of being present, and of putting questions on his own behalf. The officer must also be given a copy of any documentary evidence that is to be used against him, and that has not been already furnished to him.
If in the course of the inquiry further grounds of suspension are disclosed, the Governor, if he thinks fit to proceed upon such grounds, shall furnish the officer with a written statement thereof, and shall take the same steps as are above prescribed in respect of the original grounds of suspension.
If in any case the Governor considers that the interests of the public service require that an officer should cease to exercise the powers and functions of his office (as, for instance, in the custody of public money) instantly, or before the proceedings above prescribed can be completed, he may at once inter- dict the officer from the exercise of the powers and
QA 5829. 23.-3/84. G. 63 Wt. 91889. E. & 8.