(xvi) If the officer concerned is a Magistrate or Judge of a Court subordinate to the Supreme Court or High Court, then in place of the Committee referred to in paragraph (ii) of this Regulation, there shall be a Judicial Commission appointed by the Chief Justice and normally consisting of one or more Judges of the Supreme Court or High Court; and in any such case, the expression "the Committee" wherever it occurs in other paragraphs of this Regulation shall be construed as meaning the Judicial Commission. If the officer is the holder of some other office in addition to that of Magistrate or Judge of a subordinate Court, and if the grounds upon which it is proposed to dismiss him are not related to his functions as Magistrate or Judge, this paragraph shall not apply, unless the Governor shall otherwise direct.
60. If in any case the Governor considers that the public interest requires that an officer should cease to exercise the powers and functions of his office instantly, he may interdict the officer from the exercise of the powers and functions of his office provided that proceedings for his dismissal are being taken or are about to be taken, or that criminal proceedings are being instituted against him. Subject to Regulation 63 an officer who has been interdicted shall, unless and until he is suspended, be allowed to receive such portion of the emoluments of his office, not being less than one-half, as the Governor shall think fit. If the proceedings against any such officer do not result in the dismissal or other punishment of the officer, he shall be entitled to the full amount of the emoluments which he would have received if he had not been interdicted. If the punishment is other than dismissal he may be refunded such proportion of the emoluments withheld as a result of his interdiction as the Governor shall think fit.
61. If criminal proceedings are instituted against an officer, proceedings for his dismissal upon any grounds involved in the criminal charge shall not be taken pending the criminal proceedings and the determination of any appeal arising therefrom.
62. If an officer to whom the provisions of Regulation 59 may apply is convicted on a criminal charge, the Governor may cause the proceedings of the criminal court on such charge to be considered in Executive Council or by the Public Service Commission in Territories where the Commission is empowered to advise him on discipline, and if, following such considera- tion, he is of opinion that the officer should be dismissed or subjected to some lesser penalty on account of the offence for which he has been con- victed the officer may, subject to the prior approval of the Secretary of State, be dismissed or otherwise punished without any of the proceedings prescribed in Regulation 59 being taken. Alternatively, if the proceedings disclose grounds for so doing the Governor may without further proceedings recommend to the Secretary of State that the officer be required to retire in accordance with Regulation 67. Action may be taken under this Regula- tion if an officer is charged with a criminal offence and the court finds the charge proved, but in the exercise of powers which exist under the legislation of certain Territories, does not (on grounds of leniency) enter a conviction.
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