TNAG-0833-FCO40-1041-Colonial-Regulations-in-the-Dependent-Territories-1979 — Page 14

FORMAL DISCIPLINARY PROCEDURE

5.

When a formal disciplinary charge is brought against an officer the procedure set out in this paragraph will be followed. It is important that all stages of the procedure are dealt with promptly:

the officer will be given a written statement defining the charge and setting out the details of the case which the officer

has to answer. He will then be invited to submit within a reasonable time (normally 7 working days but a shorter or longer period if agreed in the circumstances of a particular case) a

written reply to the charge. At the same time the officer will be advised of his right to be assisted by a colleague of his choice (who may be his trade union representative) and that if he wishes the Department will send a copy of their statement to that person.

The officer has the right, if he wishes, to supple- ment his written reply orally.

The

b. an interview may be arranged if there is a conflict of

evidence between the charge and the officer's written reply. case will then be heard before an officer or officers appointed by the person exercising disciplinary powers, and the officer charged has the right to be accompanied by a colleague of his choice (who may be his trade union representative). The aim is to ensure that

a clear picture is presented of the officer's defence, without undue

formality. The normal intention is that the officer or officers hearing the case will submit a report to the person exercising disciplinary powers, which in the case of a conflict of evidence should state whether, in the reporting officer's opinion, the officer charged committed the offence (giving reasons for such opinion). A report will be accompanied by a note of the interview, on which the officer charged will have been given the chance to

record his comments. The fact that there has been an interview

does not affect the right of the officer charged to appeal after- wards (see sub-paragraph 3 below).

C.

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the person exercising disciplinary powers is responsible for deciding whether the officer is guilty of the charge and if so what penalty is appropriate.

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d. if recurrence of the offence could lead to dismissal, the officer will be given a written warning to this effect.

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