B 12
CAP. 342]
Customs and Excise Service (Discipline) Rules
[1989 Ed.
[Subsidiary]
(a) confirm or reverse the finding;
(b) confirm the punishment;
(c) subject to rule 26, substitute any other punishment which could
have been imposed by him under rule 15 or 16; (L.N. 118 of 1989)
(d) remit the punishment in full or in part without substituting any
other punishment;
(e) if he dismisses an appeal against a finding and no punishment has been imposed, treat the appeal as if it were a case referred to him for punishment and impose any punishment or take any other action within his powers.
23. Appeal to be made within 14 days
An appeal shall be made in writing within 14 days from the day on which the subordinate officer is informed that he has been found guilty of a disciplinary offence or from the day on which punishment is imposed.
24. Further evidence may be admitted
(1) For the purpose of any appeal against a finding, the Governor may-
(a) accept in whole or in part the record of the evidence already
taken;
(b) direct that the whole or any part of the evidence be taken again
or that additional evidence be taken,
and the Commissioner may, where the appeal lies to him, do any of those things and may also himself take the evidence or part thereof again or take the additional evidence.
25. Suspension of punishment pending appeal
In the event of an appeal, any punishment (other than a severe reprimand or reprimand) imposed on a subordinate officer shall be suspended until the appeal is disposed of, withdrawn or abandoned.
26. Greater punishment not to be imposed without
opportunity to make representations
Neither the Governor nor the Commissioner shall impose a greater punishment under rule 19(2) or 22 without first allowing the subordinate officer a reasonable opportunity to be heard or to make representations in writing as to why the punishment should not be increased.
B 12
CAP. 342]
Customs and Excise Service (Discipline) Rules
[1989 Ed.
[Subsidiary]
(a) confirm or reverse the finding;
(b) confirm the punishment;
(c) subject to rule 26, substitute any other punishment which could
have been imposed by him under rule 15 or 16; (L.N. 118 of 1989)
(d) remit the punishment in full or in part without substituting any
other punishment;
(e) if he dismisses an appeal against a finding and no punishment has been imposed, treat the appeal as if it were a case referred to him for punishment and impose any punishment or take any other action within his powers.
23. Appeal to be made within 14 days
An appeal shall be made in writing within 14 days from the day on which the subordinate officer is informed that he has been found guilty of a dis- ciplinary offence or from any day on which punishment is imposed.
24. Further evidence may be admitted
(1) For the purpose of any appeal against a finding, the Governor may-
(a) accept in whole or in part the record of the evidence already
taken;
(b) direct that the whole or any part of the evidence be taken again
or that additional evidence be taken,
and the Commissioner may, where the appeal lies to him, do any of those things and may also himself take the evidence or part thereof again or take the additional evidence.
25. Suspension of punishment pending appeal
In the event of an appeal, any punishment (other than a severe reprimand or reprimand) imposed on a subordinate officer shall be suspended until the appeal is disposed of, withdrawn or abandoned.
26. Greater punishment not to be imposed without
opportunity to make representations
Neither the Governor nor the Commissioner shall impose a greater punishment under rule 19(2) or 22 without first allowing the subordinate officer a reasonable opportunity to be heard or to make representations in writing as to why the punishment should not be increased.
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