TNAG-0833-FCO40-1041-Colonial-Regulations-in-the-Dependent-Territories-1979 — Page 36

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K b 10-14

pay is issued. The officer concerned should be given, an opportunity of stating his financial position and appealing for some interim payment of salar, and such applications should be dealt with urgently. When no loss to public funds is involved, the question of granting pay wholly or in part is one for departmental decision. When a loss to public funds is involved, Civil Service Department sanction is required for making any payment, unless the amount of the loss is within delegated powers of write-off.

11. Dismissal. Civil servants hold their positions at the pleasure of the Crown, and it has been said judicially that every contract of service between the Crown and its servants must be assumed to be subject to, or to have imported into it, the term that the Crown may dismiss its servants at pleasure. Any provision in a contract which purported to override the pre- rogative in this respect would be void in law. The prerogative is inherited in the Crown and does not derive its force from and is not set out in any Statute or order in Council.

12. On dismissal for any offence involving any loss to public funds, any sums unpaid in respect of salary or wages up to the date of dismissal, or of income tax overpaid on salary, may, and normally should, be withheld as a set-off against the loss. Inland Revenue should be notified of any sums so withheld in respect of income tax refund, and at the same time be requested to withhold the repayment of any overpayment of tax. Any such notification or request should be sent to the Secretaries' Office, Inland Revenue, Somerset House, London,' W.C.2.

13. Appeal. Except in the case of a decision to dismiss (see paragraph 14) an officer has a right of appeal to the head of his department, which may be exercised after the disciplinary decision has been communicated to him.

14. Once the decision to dismiss has been taken, the officer has the right of appeal to an independent Appeal Board (see Section K c). Dismissal should not take place until the Appeal Board has reported to the head of the department; the time limit for appeal has expired; or it is clear that the officer does not intend to appeal. The level at which a decision to dismiss should be taken must be clearly laid down in each department, and should not normally be below Assistant Secretary level. The head of the department may prefer not to be associated with the decision (except in the case of a very senior officer where he will inevitably have to take the decision himself). He will then be able to consider the advice of the Appeal Board without having been involved earlier in the decision to dismiss.

Estacode Vol.2 |Amendment No. 631, August, 1972

(74875) 927165 3.700 8/72 F.M.&S. G3322