34BForfeiture of office

34B  Forfeiture of office

 (1) Where an officer is absent from duty without permission, and has been so absent for a continuous period of not less than 4 weeks, the relevant authority may send by security post to the officer, at the officer’s address last known to the relevant authority, a notice informing the officer that unless, within a period of 2 weeks from and including the day on which the notice was sent, the officer:

 (a) returns to duty; or

 (b) explains his or her absence and seeks the permission of the relevant authority for any further period of absence that may be necessary having regard to that explanation;

the officer will be deemed to have retired from the Service at the end of that period of 2 weeks.

 (2) Where:

 (a) an officer to whom a notice under subsection (1) has been sent does not comply with the requirements of the notice; and

 (b the notice has not been revoked under subsection (5);

the officer shall be deemed to have retired from the Service on the day following the end of the period of 2 weeks specified in the notice.

 (3) Where a notice has been sent to an officer under subsection (1) and, within the period of 2 weeks after that notice was so sent, the officer explains his or her absence and seeks the permission of the relevant authority for a further period of absence, the relevant authority shall, as soon as practicable, consider the matter and may, by notice in writing sent by security post to the officer at the officer’s address last known to the relevant authority, inform the officer:

 (a) that he or she has been granted leave of absence for such period and on such conditions as are specified in the notice; or

 (b) that he or she is required to return to duty and that, unless he or she returns to duty within a specified period (being a period of at least 2 weeks from and including the date on which the notice is sent) he or she will be deemed to have retired from the Service at the end of the period so specified.

 (4) Where:

 (a) an officer who is required by a notice under subsection (3) to return to duty does not return to duty within the period specified in the notice; and

 (b) the notice is not revoked under subsection (5);

the officer shall be deemed to have retired from the Service on the day following the end of that period.

 (5) The relevant authority may, at any time before an officer is to be deemed to have retired from the Service under this section, by notice in writing sent by security post to the officer at the officer’s address last known to the relevant authority, revoke a notice previously sent to the officer under this section, and the notice has no effect.