Section 28
Responsibility of General Manager if officer is convicted of criminal offence
of Statutory Bodies (Conduct and Discipline) Ordinance, 2004
—
(1)
Where criminal proceedings against an officer result in his conviction and he does not appeal against such conviction, or where his appeal against the conviction has been dismissed or where the Public Prosecutor’s appeal against his acquittal results in his conviction, the General Manager shall immediately obtain a copy of the court’s decision from the Registrar, Deputy
Registrar or Senior Assistant Registrar of the court by which he was convicted or his appeal is dismissed.
(2)
Upon receipt of the decision referred to in subregulation (1), the General
Manager shall forward it to the appropriate Disciplinary Committee having the jurisdiction to impose a punishment of dismissal or reduction in rank together with the officer’s Records of Service and his recommendation that—
(a)
the officer should be dismissed or reduced in rank;
(b)
the officer should be punished with any punishment other than dismissal or reduction in rank; or
(c)
no punishment should be imposed, depending on the nature and seriousness of the offence committed in relation to the degree of disrepute which the conviction has brought to the statutory body.
(3)
If, after considering the report, the Records of Service and the General
Manager’s recommendation forwarded to it under subregulation (2), the appropriate
Disciplinary Committee is of the opinion that—
(a)
the officer should be dismissed or reduced in rank, the Disciplinary
Committee shall impose the punishment of dismissal or reduction in rank as it deems appropriate;
(b)
the offence of which the officer was convicted does not warrant a punishment of dismissal or reduction in rank but warrants the imposition of a lesser punishment, the Disciplinary Committee shall impose upon the officer any one or more of the punishments other than dismissal or reduction in rank as specified in regulation 40 as it deems appropriate; or
(c)
no punishment should be imposed on the officer, the Disciplinary
Committee shall acquit him.
(4)
Where a punishment other than dismissal has been imposed on an officer or where no punishment has been imposed on him, the appropriate Disciplinary
Committee shall direct the officer to resume his duties.