Offences meriting dismissal or reduction in rank
4.—(1)  If it is represented to the Establishment Committee by the chief executive officer that an officer has been guilty of misconduct or neglect of duty and the Establishment Committee is of the opinion that the subject of the complaint warrants proceedings with a view to dismissal or reduction in rank, the Establishment Committee may cause proceedings to be taken under this regulation.
(2)  The officer shall be notified in writing by the chief executive officer of the grounds, which shall be reduced to the form of a definite charge or charges, upon which it is intended to dismiss him or to reduce his rank and he shall be given not less than 7 working days within which to exculpate himself in writing. The officer shall also be informed in writing of any other circumstances which it is proposed to take into consideration.
(3)  If the officer submits an exculpatory statement which is not satisfactory, the Establishment Committee shall appoint a Committee of Inquiry to inquire into the matter and the Committee of Inquiry shall submit a report to the Establishment Committee.
(4)  The Committee of Inquiry in the performance of its functions shall not be deemed to be a judicial or quasi-judicial body.
(5)  The Committee of Inquiry shall consist of —
(a)an officer;
(b)a public officer; and
(c)a person chosen from a panel of persons appointed by the Establishment Committee.
(6)  The membership of the panel shall normally be for a period of 3 years but members shall be eligible for reappointment at the expiry of such period.
(7)  Each member of the Committee of Inquiry shall be notified in writing of his appointment by the chief executive officer.
(8)  The officer shall be given at least 7 days’ notice in writing of the date on which the Committee of Inquiry will commence its inquiry and the officer shall attend the inquiry and shall be permitted to —
(a)cross-examine the witnesses;
(b)give evidence on his own behalf;
(c)have such witnesses as he may wish called on his behalf; and
(d)have access to information contained in any document at a reasonable time before the document is tendered in evidence.
(9)  The record of the proceedings of the Committee of Inquiry shall consist of the information obtained by that Committee and a report by that Committee. The information shall not ordinarily be set out in the form of question and answer but in the form of a narrative and the Committee of Inquiry may in its discretion record any particular question and answer.
(10)  At the inquiry, the evidence on behalf of the Corporation shall be presented by an officer or an advocate and solicitor appointed by the chief executive officer. The Establishment Committee may in its discretion permit the officer under inquiry to be represented by a representative of his trade union or by an advocate and solicitor or by another officer of the Corporation.
(11)  The Committee of Inquiry shall not be bound to act in a formal manner and shall not be bound by the provisions of the Evidence Act [Cap. 97] or by any other law relating to evidence but may inform itself on any matter in such manner as it thinks fit.
(12)  The Committee of Inquiry shall proceed with its inquiry from day to day and no adjournment shall be given except for reasons to be recorded in writing. Every adjournment, with reasons therefor, shall be reported forthwith to the Establishment Committee. No adjournment shall be given for more than 14 days except with the permission of the chairman of the Establishment Committee or in his absence a member of the Committee.
(13)  The Committee of Inquiry may in its discretion conduct proceedings under these Regulations notwithstanding the absence of one of its members, and the validity of such proceedings shall not be challenged on this ground.
(14)  If the Committee of Inquiry is satisfied that the officer under inquiry is hampering or attempting to hamper the progress of the inquiry it shall administer a warning to the officer. If, after the warning, the Committee of Inquiry is satisfied that the officer is acting in disregard of the warning, it shall make an entry in the record to that effect and shall proceed to complete the inquiry in such manner as it thinks fit.
(15)  The Committee of Inquiry shall, within 14 working days of the conclusion of the proceedings, unless the Establishment Committee grants an extension of time, submit its report to the Establishment Committee.
(16)  The Establishment Committee may, upon considering the report of the Committee of Inquiry, if it is of the opinion that —
(a)the officer should be dismissed or reduced in rank, dismiss or reduce the rank of the officer from such date as it may think fit; or
(b)some punishment other than dismissal or reduction in rank should be imposed, impose a penalty such as stoppage or deferment of increment, fine or reprimand or a combination of such penalties.
(17)  The Establishment Committee may where it thinks fit direct the Committee of Inquiry to reconvene to consider further evidence and to meet for that purpose:
Provided that the officer shall be given not less than 14 days’ notice of such further meeting of the Committee of Inquiry.
(18)  Where the officer fails to furnish an exculpatory statement within the time prescribed under paragraph (2), he shall be informed in writing by the chief executive officer that if he fails to furnish an exculpatory statement within 21 days from the date of first communication of the charges to him, the Establishment Committee may proceed to determine the matter in accordance with paragraph (19).
(19)  The Establishment Committee may dispense with the appointment of the Committee of Inquiry under paragraph (3) to inquire into the matter where the officer —
(a)admits the charge or charges or any one of them; or
(b)fails to furnish an exculpatory statement within the time prescribed by paragraph (2) or such extended time as may be given under paragraph (18),
and proceed to determine the matter as the Establishment Committee may think fit after giving the officer a final opportunity of being heard.
(20)  If, upon considering the facts available, the Establishment Committee is of the opinion —
(a)that the officer should be dismissed or reduced in rank, it shall dismiss or reduce the rank of the officer from such date as it may think fit; or
(b)that some punishment other than dismissal or reduction in rank should be imposed, it may impose a penalty such as stoppage or deferment of increment, fine or reprimand or a combination of such penalties.
(21)  The Committee of Inquiry shall only be dissolved upon a signification to that effect communicated to its members by the Establishment Committee.