CO885-5 — Page 103

PUBLIC RECORD

OFFICE

TPERU

مسلسل...

C.O.

Reference :-

8855 PUBLIC RECORD OFFICE, LONDON

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at once interdict the officer from the exercise of the powers and functions of his office. The Governor ahall in all cases allow the interdicted officer to receive half the salary of his office, until proceedings for his suspension have been taken, and may in special cases allow a larger amount not exceeding the full salary: but no such officer can be formally suspended from his office or deprived of his whole salary, except upon formal proceedings as are above prescribed, which must in all cases be taken with as little delay as possible.

88. If upon the inquiry the Executive Council are of opinion that the officer deserves punishment, but not the full penalty of suspension, the Governor may remove the officer to an office of lower rank in the service, or may require him to serve in his original office at a reduced salary, either per- manently or for a stated period, or may deduct a portion of the salary due or about to become due to the officer.

89. If the officer is suspended or otherwise punished as above mentioned, the Governor shall, without loss of time, report the matter to the Secretary of State for approval and confirmation, transmitting the minutes of Council, the written statements, and all material documents relating to the case. If the officer is suspended, the Governor

shall at the same time transmit the usual return required in the case of a vacancy. (A form will be found in the Appendix.)

90. If the officer is suspended, the Secretary of State, instead of confirming the suspension, may direct the Governor to subject the officer to one of the lesser punishments above mentioned; or if, in lieu of suspension, the officer has been so punished by the Governor, the Secretary of State may direct the Governor to reduce or to increase the punish- ment already awarded.

91. If the suspension of an officer is not auproved and confirmed by the Secretary of State, and no other punishment is awarded, the officer will be entitled to the full amount of salary which he would have received if he had not been suspended, even though the officer discharging the functions of the office in the meanwhile has been allowed to receive some portion of the salary of the office.

92. If the suspension is approved and confirmed by the Secretary of State, all salary will cease from the day of suspension; and although the officer should be subsequently restored (as an act of in- dulgence) he will not be entitled to any portion of salary during the period of his suspension. Pend- ing the decision of the Secretary of State the Governor, with the advice of the Executive Council, may grant a small alimentary allowance to an officer who has been suspended, and who appears urgently to need such assistance.

93. An officer whose suspension is approved and confirmed by the Secretary of State forfeits all claim to a retiring allowance, even though he should have paid contributions towards such allowance.

94. If criminal proceedings are instituted against a public officer, proceedings for his suspension upon

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any grounds involved in the criminal charge shall not be taken pending the criminal proceedings.

95. If an officer is convicted on a criminal charge the Governor may cause the proceedings of the Criminal Court on such charge to be laid before the Executive Council, and if the Council are of opinion that the officer should be suspended on account of the offence for which he has been convicted, he may thereupon be suspended without taking any of the proceedings above prescribed, but his suspension must be reported to the Secretary of State for approval and confirmation.

96. An officer acquitted on a criminal charge is not thereby rendered exempt from suspension on account of his conduct in the matter; and the Governor, if he thinks fit, may take the usual pro- ceedings for the purpose.

96 (a). An officer who is under suspension may not leave the Colony, during the interval before he is reinstated or dismissed, without the leave of the Governor. If granted leave of absence, the officer will not be entitled to any more salary than if he had remained in the Colony.

96 (b). Any officer, whether under suspension or not, who absents himself from the Colony without leave, will be held to have thereby vacated his office.

96 (o). An officer who has not been appointed by virtue of a commission or warrant from the Crown, and whose emolumenta do not exceed 100l. a year, may be dismissed by the Governor without the pro- ceedings above prescribed; but in every such case the grounds of dismissal must be definitely stated in writing and communicated to the officer that he may have full opportunity of exculpating himself, and the matter must be investigated by the Governor with the aid of the head of the department (if any). Such dismissals will not require the confirmation of the Secretary of State, but any memorial from the dismissed officer must be forwarded to the Secretary of State without delay with a short statement of the grounds of dismissal.