CO129-600-2 Salaries Commission- proposed Public Services Commission 20-1-1948 - 1-3-1948 — Page 27

CEYLON GOVT. GAZETTE EXTRAORDINARY

SEPT. 22, 1947 1903

(iii.) An officer who is under interdiction may not leave the Island during the interval before he is reinstated or dismissed without the permission of the authority who interdicted him.

(iv.) If the proceedings result in an officer receiving punishment less than dismissal, the order for punishment may include an order that the whole or a part of the emoluments withheld from the officer on interdiction shall be paid to the officer in respect of the period of interdiction.

Note. When an officer is found guilty of the charges in respect of which he is interdicted and is dismissed, it is appropriate that he should receive no further emoluments in respect of the period of interdiction but if the proceedings disclose that he is guilty of only minor defaults or of misconduct not necessitating his dismissal, the loss of emoluments, as prescribed by the Regulations in the Manual of Procedure, for the period of interdiction may entail too heavy a punishment, in which case order may be made for a greater proportion of his emoluments to be paid. In deciding on the order to be made consideration should be given to the length of the period of interdiction necessitated by the proceedings, especially when any unusual delay is not directly attributable to any act of the officer charged.

Disciplinary Procedure.

Public officers whose pensionable emoluments exceed £600 or Rs. 9,000 per annum and all officers of the Civil Service. 35. Whenever the Permanent Secretary to a Ministry considers it necessary to frame charges for misconduct or inefficiency against an officer whose pensionable emoluments exceed £600 or Rs. 9,000 per annum or any officer of the Civil Service serving in the Ministry he shall report the case for the orders of the Public Service Com- mission. If the Public Service Commission directs the Permanent Secretary to frame charges against the officer, he shall forward draft charges to the Attorney-General for consideration and approval.

Note.-(1) In the case of a probationer the salary for the purposes of these Regulations governing disciplinary procedure is the minimum salary which he would receive on appointment to the next higher grade.

(2) All communications between the Public Service Commission and Permanent Secretaries relating to officers of the Civil Service or other Combined Service must pass through the Secretary to the Treasury or Deputy Secretary to the Treasury, respectively, vide Public Service Regulation 7.

36.

Thereafter the following procedure shall be observed unless the method of punishment is otherwise provided for by law or in these Regulations.

(i.) The Permanent Secretary shall forward to the officer a state- ment of the charges framed against him 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.

(ii.) If the officer replies to the charges, the Permanent Secretary shall forward the reply to the Public Service Commission. If the Commission is not satisfied that the officer has exculpated himself in his reply or if the officer has failed to reply to the charges, it will appoint a Committee of such persons as it shall specify, not less than three in number, to inquire into the matter.