Continuation and completion of disciplinary proceedings
38.—(1) Where on 1st April 1992 —
(a)
any disciplinary proceedings have been initiated against any officer or employee of the Authority in connection with its telecommunication undertaking and such proceedings are pending before the Authority or in the course of being heard or investigated by the Authority or had been heard or investigated by the Authority and no order or decision had been rendered thereon; or
(b)
any such officer or employee has been interdicted, the Authority shall —
(i)
in the case of paragraph (a), carry on and complete the hearing or investigation and make an order or render a decision, as the case may be; and
(ii)
in the case of paragraph (b), deal with such officer or employee in such manner as it thinks appropriate having regard to the evidence against him, including the institution and completion of disciplinary proceedings and the making of an order or the rendering of a decision, as the case may be,
and until such time any such officer or employee shall not be transferred to the telecommunication successor company under section 36 but may, at the discretion of the Authority, be so transferred by an instrument in writing under the hand of the Chief Executive if he is acquitted of the charges or allegations brought in such disciplinary proceedings or where no disciplinary proceedings are initiated against him, as the case may be.
(2) Where on 1st April 1992, any penalty (other than dismissal) has been imposed on any officer or employee of the Authority in connection with its telecommunication undertaking pursuant to disciplinary proceedings against him and the penalty has not been, or remains to be, served by such officer or employee, he shall on his transfer to the telecommunication successor company under section 36 serve or continue to serve such penalty to its full term as if it had been imposed by the company, and the penalty shall remain valid against the officer or employee on his transfer and shall continue in full force and effect until he has served the penalty in full.