TNAG-0833-FCO40-1041-Colonial-Regulations-in-the-Dependent-Territories-1979 — Page 35

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6. If it appears to a Disciplinary Board, having regard to the evidence called before them, that a criminal offence involving serious moral turpitude or dishonesty may have been committed in addition to the charge which the Board investigates, it is open to the board to deal with the disciplinary charge and to state that the question of prosecution is being considered independently. A Disciplinary Board should not deal with a matter which appears to be a criminal offence, as this would give the appearance of encroaching upon the function

of the Courts.

7. When a serious charge, other than one which may give rise to criminal proceedings, is brought against an officer, the following procedure should be adopted:

(a) The officer should be given, in advance, a written statement defining the charge and

setting out particulars of the facts relied upon to support the charge.

(b) The officer should be required to submit within a reasonable time a written reply to the charge made against him, but in cases where there is a conflict of evidence between the charge and the officer's written reply the officer may, if he so desires, represent his case orally.

(c) The officer, in such circumstances, will have the right to represent his case orally before a suitable officer of his department, other than his immediate superior, and normally at least two grades above his own. In the case of departments with large provincial staffs this officer would necessarily often be a local officer and not an officer from headquarters. (d) In representing his case orally the officer should be allowed, if he so desires, to have the assistance of a friend or colleague (who may be an association representative) present with him.

(e) These enquiries should not be conducted with undue formality and while there is no standard practice which would be applicable to every case, it is emphasised that the board is not exercising a legal function, but rather ascertaining the facts. It follows that the hearing before the board does not affect an officer's right of ultimate appeal to his head of department in the matter of the penalty.

8. Suspension from duty. Separately from suspension as a disciplinary penalty (see paragraph 4) an officer may be suspended from duty for a period which cannot be determined in advance, as a necessary precaution while enquiries are being made into an offence or while a prosecution is pending. Suspension should be imposed only where a serious charge is sup- ported by strong prima facie evidence.

9. In strict law, suspension without actual dismissal does not disentitle a servant to his salary unless it is so provided in his co tract of service or in some recognised usage known to the servant either by regulation or otherwise. Departments are therefore recommended to incor- porate the following regulations in their staff rules:

"(a) An officer may at any time be suspended from duty if, in the opinion of the Head of his Department, that course is desirable in the public interest in consequence of the officer being arrested or having civil or criminal proceedings or charges of irregularity or misconduct brought or made against him.

(b) Where an officer is suspended his remuneration in respect of any period of suspension may, if the Head of the Department shall so decide, be withheld wholly or in part so long as such suspension continues.

(c) On the termination of the period of suspension, whether by disinissal or reinstatement of the officer, his remuneration in respect of the period may if the Head of the Depart- ment shall so determine after consideration of the whole of the circumstances of the case, be forfeited wholly or in part."

10. In all cases under paragraph: 8 it should be borne in mind that prolonged suspension without pay may result in financial hardships to dependants; furthermore an offender may be tempted to continue on the downward path, whereas if he is treated with consideration there may be a real chance of reformation. Every case, therefore, should e reviewed by a senior officer at an early date, and in any event not later than one month from the start of suspension, to see whether the alleged offender or his dependants are likely to sui er grave hardship if no

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