CO129-600-2 Salaries Commission- proposed Public Services Commission 20-1-1948 - 1-3-1948 — Page 26

1902 CEYLON GOVT. GAZETTE EXTRAORDINARY

SEPT. 22, 1947

30. The provisions of the Regulations following are without prejudice to any local law or regulation providing for the summary punishment of officers by the Governor, the Public Service Commission or the Head of a Department.

31. (i.) In regard to such disciplinary cases as do not come before the Public Service Commission under the Regulations following, the Commission shall act as a Board of Appeal and may set aside, revise or confirm orders made by a Head of Department or other authority under these Regulations. Appeals must be made within twelve months of the communication of the order, unless a reasonable cause is shown for the delay, and no more than one appeal shall be permitted except in cases where new facts or circumstances are adduced which afford grounds for a reconsideration of the case. Appeals shall be forwarded through the Head of Department, Permanent Secretary to the Ministry and other authority, if any, making the original order who will make their reports, where appropriate, in forwarding the appeal.

(ii.) The Commission may also act as a reviewing authority in such disciplinary cases as do not come before the Commission under the Regulations following.

32.

An officer against whom a disciplinary inquiry is to be held is entitled to free copies of any documentary evidence relied on for the purposes of the inquiry or to be allowed access to it. He may be given a copy of the evidence (including documents tendered as evidence) after the inquiry is closed, on payment of such charges as may be prescribed by the Treasury.

Note.-Copies of office orders, minutes, reports, or reasons for findings will not be issued.

33. All acts of misconduct or lapses by public officers should be dealt with under Public Service Regulations as soon

soon as possible after the time of their occurrence.

Interdiction.

(To be read with the Regulations regarding Interdiction in the Manual of Procedure.)

34. (i.) If in any case the Governor, on the recommendation of the Public Service Commission, or of the Permanent Secretary to a Ministry forwarded through the Public Service Commission, considers that the interests of the Public Service require that an officer should cease forthwith to exercise the powers and functions of his office he may 'interdict the officer from the exercise of these powers and functions, provided that proceedings for his dismissal are being taken or about to be taken, or that criminal proceedings are being instituted against him. In case of grave urgency the Permanent Secretary may at his discretion interdict an officer under the foregoing circumstances pending the approval of the Governor.

(ii.) A Head of Department may interdict from duty any officer employed in the Department whose pensionable emoluments do not exceed £600 or Rs. 9,000 per annum, where in the opinion of the Head of Department the interests of the Public Service so require, provided that proceedings for the dismissal of the officer are being taken or are about to be taken or that criminal proceedings are being instituted against him.