1906 CEYLON GOVT. GAZETTE EXTRAORDINARY
M
SEPT. 22, 1947
Rs. 9,000 per annum, has committed an act of misconduct and the Head of Department is of opinion that the misconduct alleged is not serious enough to warrant more than a reprimand or a fine not exceed- ing one week's pay, or the suspension, stoppage, reduction or deferment of increment for a period not exceeding one year he may investigate the matter in such manner as he may think proper, pro- vided that the officer shall know the case against him and shall have an adequate opportunity of making his defence. Punishments to be inflicted by the Head of Department in these cases will not require the approval of the Permanent Secretary or of the Public Service Commission.
43. Where the Head of Department considers that the officer, if found guilty of the offence, should be punished with any punishment other than the punishments referred to in Public Service Regulation 42 he shall, after holding such preliminary inquiry as he may find necessary, forward draft charges to the Attorney-General for con- sideration and approval. The charges, as approved by the Attorney- General, shall be communicated to the officer concerned who shall be granted a full opportunity of exculpating himself. If oral evidence is used against the officer he shall be allowed to cross-examine every witness. The accused officer shall be allowed access to all docu- mentary evidence used against him and shall be allowed to adduce witnesses in his defence. When the offence discloses that apart from disciplinary proceedings the criminal law might be set in motion by a criminal prosecution, action shall be taken under Public Service Regulation 55 or 56.
44. The power of the Head of Department to hold an investiga- tion or inquiry under Public Service Regulation 42 or 43 may be delegated by him to any officer who is not a witness in such investiga- tion or inquiry. Such power shall be so delegated in every case where such Head is himself a witness.
45. If, as a result of an inquiry held by the Head of Department or other officer, the Head of Department considers it necessary to inflict on the officer any punishment other than one of the punish- ments referred to in Public Service Regulation 42, he shall forward to the Permanent Secretary to the Ministry a statement of the charges and evidence and of the finding on each charge together with his recommendations. The Permanent Secretary shall forward the charges and evidence to the Public Service Commission and will make his own recommendation. The Commission after considering the pro- ceedings and recommendation, will decide what punishment, if any, is to be inflicted on the officer. The finding on each charge preferred against the officer shall be communicated to him (but not the reasons for the findings).
46. Whenever the Head of a Department considers it necessary to proceed against an officer for general inefficiency he shall allow the officer an opportunity of showing cause why he should not be com- pulsorily retired or otherwise dealt with for general inefficiency. The Head of Department, after considering the officer's statement, may make an order against him not exceeding deferment of increment for If the Head of Department considers that any order is called for exceeding deferment of increment for one year he shall report the case to the Permanent Secretary to the Ministry, who after procuring from the Heads of any other Departments in which the officer may have served statements as to his general standard of
one year.
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