(i) The officer shall be notified in writing of the grounds upon which it is intended to dismiss him; and he shall be given a full opportunity of exculpating himself.
(ii) The matter shall be investigated by the Governor with the aid of the Head of the officer's Department or such other officer or officers as the Governor may appoint, provided that in the case of an officer whose pensionable emoluments exceed £1,000 per annum other figure as may be laid down from time to time by the Secretary of State, the procedure laid down in Regulations 59 (i) to (vii) shall be followed.
or such
(iii) If any witnesses are called to give evidence the officer shall be entitled to be present and to put questions to the witnesses.
(iv) No documentary evidence shall be used against the officer unless he has previously been supplied with a copy thereof or given access thereto.
(v) In lieu of dismissal the Governor may at his discretion impose some lesser penalty, for example reduction in rank, stoppage of increment, fine or reprimand. Alternatively, if the proceedings disclose grounds for so doing, he may without further proceedings require the officer to retire in accordance with Regulation 58.
(vi) If the officer is convicted on a criminal charge, the Governor may, upon a consideration of the proceedings of the court, dismiss the officer or subject him to some lesser penalty. Alternatively, if the proceedings disclose grounds for so doing he may without further proceedings require the officer to retire in accordance with Regulation 58. Action may be taken under this Regulation if an officer is charged with a criminal offence and the Court finds the charge proved but exercises its powers under the legislation of certain Territories and, on grounds of leniency, does not enter a conviction. Such a finding may be regarded as a conviction for the purpose of this Regulation.
58. Notwithstanding the above provisions, if the Governor considers that it is desirable in the public interest that any officer should be required to retire from the Service on grounds which cannot suitably be dealt with by the procedure laid down in Regulation 57, he shall call for a full report from the heads of the departments in which the officer has served; and if, after considering that report and giving the officer an opportunity of submitting a reply to the complaints by reason of which his retirement is contemplated, he is satisfied, having regard to the conditions of the Service, the usefulness of the officer thereto and all the other circumstances of the case, that it is desirable in the public interest so to do, he may require the officer to retire, and the officer's service shall accordingly terminate on such date as the Governor shall specify. In every such case the question of pension will be dealt with under the laws or regulations of the Territory.
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