CEYLON GOVT. GAZETTE EXTRAORDINARY
SEPT. 22, 1947 1905
to the action, if any, that should be taken against the officer. If it is decided that the officer's removal is necessary in the interests of the. Public Service, the decision will be carried into effect by an intimation from the Governor to the Public Service Commission. In every such case the question of pension will be dealt with by the appropriate authority under the laws or regulations of the Island.
38. (i.) If a Permanent Secretary to a Ministry informs the Public Service Commission that there are grounds for believing that an officer serving in the Ministry has discharged his duties inefficiently or has committed an act of misconduct and the Commission is of opinion that the inefficiency or misconduct alleged is not sufficiently serious to warrant proceedings under Regulations 35 and 36 or Regulation 37 it may cause an investigation to be made into the matter in such manner as it thinks proper, provided that the officer shall be entitled to know the whole case against him and shall have an adequate opportunity throughout of making his defence.
(ii.) If as a result of such investigation and after considering any thing the officer may desire to urge on his own behalf the Public Service Commission is of opinion that misconduct or inefficiency is proved, it may recommend to the Governor that such punishment be inflicted upon the officer by way of fine or reduction in rank or otherwise as may seem to it proper.
39. If an officer is convicted on a criminal charge in a Court of Justice, the Head of the Department shall bring the matter to the notice of the Permanent Secretary to the Ministry, who will report the matter to the Public Service Commission. The Court record should be forwarded if available. The Commission will consider the proceedings of the Court on such charge and if it is of opinion that the officer should be dismissed or subjected to some lesser penalty on account of the offence for which he has been convicted, recommend to the Governor that such punishment should be inflicted without following the procedure prescribed in Regulations 35 and 36.
Note. Vide Regulations 58 to 61 in this connection.
40. No punishment of a more serious nature than a reprimand shall be inflicted on an officer whose pensionable emoluments exceed £600 or Rs. 9,000 per annum or an officer of the Civil Service without the approval of the Governor. The approval of the Permanent Secretary to the Ministry, or of the Secretary to the Treasury in the case of officers of the Civil Service, is required before any reprimand can be recorded against any such officer.
Note.—Where the officer belongs to a department not grouped under any Ministry the Head of the Department shall initiate disciplinary action under Regulations 35 to 39 above; he may also approve reprimands-vide Regulation 40.
Public officers, other than officers of the Civil Service, whose pensionable emoluments exceed Rs. 2,520 per annum but do not exceed £600 or Rs. 9,000 per annum.
41. The authority of the Governor will not be required for the dismissal or other punishment of an officer, other than an officer of the Civil Service, whose pensionable emoluments do not exceed £600 or Rs. 9,000 per annum.
42. If it is represented to a Head of Department that an officer, other than an officer of the Civil Service, whose pensionable emolu- ments exceed Rs. 2,520 per annum but do not exceed £600 or
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