CEYLON GOVT. GAZETTE EXTRAORDINARY
SEPT. 22, 1947 1907
efficiency, shall forward such statements and other documents relat- ing to the case to the Public Service Commission, with his recom- mendation on the matter. The Commission, after considering the recommendation and the relevant documents, will decide what order should be made. If the officer is compulsorily retired the question of pension will be dealt with by the appropriate authority under the laws and regulations of the Island.
47. 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 who will inform 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 decide whether the officer should be dismissed or sub- jected to some lesser penalty on account of the offence for which he has been convicted, without any of the proceedings prescribed in Regulations 42 to 45 being taken.
Note. Vide Regulations 58 to 61 in this connection.
Public officers whose pensionable emoluments do not exceed Rs. 2,520 per annum.
48. A Head of Department is authorized to dismiss, or otherwise punish for misconduct or to retire for inefficiency, any officer in his Department whose pensionable emoluments do not exceed Rs. 2,520 per annum, provided that where an officer, who has not been con- victed on a criminal charge, is dealt with for specific offences which can properly be dealt with by specific charges, the charges must be stated in writing and communicated to the officer in order that he may have 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 documen. tary evidence used against him and shall be allowed to adduce witnesses in his defence. The Head of Department shall find on each charge and shall communicate his findings to the officer (but not the reasons for the findings). Provided that if the Head of Depart- ment is of opinion that the misconduct alleged against an officer is not serious enough to warrant more than any of the punishments set out in Public Service Regulation 42 he may proceed as laid down in that Regulation.
49. Whenever the Head of a Department considers it necessary to proceed against an officer for general inefficiency which cannot properly be dealt with by specific charges he shall allow the officer an oppor- tunity of showing cause why he should not be compulsorily retired or otherwise dealt with for general inefficiency. The Head of Depart- ment after considering the officer's statement, and, if necessary, the reports of the Heads of any other Departments in which the officer has served, may order that the officer shall be retired from the service for general inefficiency or may make any other order not exceeding retirement for inefficiency. In every such case of retirement the question of pension will be dealt with by the appropriate authority under the laws and regulations of the Island.
50. If an officer is convicted on a criminal charge in a Court of Justice, other than a Rural Court, the Head of the Department shall bring the matter to the notice of the Permanent Secretary to the Ministry. The Court record should be forwarded if available. The Permanent Secretary will consider the proceedings of the Court on
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