57Disciplinary action in respect of Secretaries of Departments etc.

##### 57 Disciplinary action in respect of Secretaries of Departments etc. (1) Where the Minister has at any time, whether by reason of an allegation made to him or otherwise, reason to believe that an officer may have failed to fulfil his duty as an officer, he may, by notice in writing delivered to the officer, suspend the officer from duty and charge him with the failure. (2) Where the Minister suspends an officer from duty under subsection (1) and charges him with having failed to fulfil his duty as an officer, the Minister: (a) shall specify in the notice delivered to the officer under that subsection particulars of the matters alleged to constitute the failure; and (b) shall forthwith report the suspension and charge to the Board. (3) Where an officer has been charged with misconduct under subsection (1), the officer may, within 7 days, or such longer period as the Board allows, after delivery to him of the notice charging him with the misconduct: (a) submit to the Board, in writing, that the charge should be dismissed on either or both of the following grounds, that is to say: (i) that some or all of the matters alleged to constitute the misconduct are untrue; or (ii) that the matters alleged to constitute the misconduct are, even if true, incapable in law of constituting the misconduct for the purposes of this Act; or (b) furnish to the Board a notification in writing admitting the truth of the matters alleged to constitute the misconduct and containing particulars of any matters which the officer wishes the Board to consider under subsection (7). (4) An officer who has been charged with misconduct under subsection (1) shall not, by reason only of having failed to deny the truth of a matter included among matters alleged to constitute the misconduct, be taken to have admitted the truth of that matter. (5) Where an officer does not furnish a notification referred to in paragraph (3)(b) in relation to the misconduct with which he has been charged, a Board of Inquiry shall inquire into the charge and report to the Board whether it finds the charge to be proved and its reasons for its finding. (6) For the purposes of subsection (5), a Board of Inquiry shall consist of a Convenor and 2 other members, all of whom shall be appointed by the Governor‑General. (7) Where an officer furnishes to the Board a notification of the kind referred to in paragraph (3)(b) or a Board of Inquiry finds a charge of misconduct in respect of the officer to be proved, the Public Service Board shall, after consideration of the notification made by the officer or of the report of the Board of Inquiry, as the case may be, recommend to the Governor‑General: (a) that he take, in respect of the misconduct of the officer, action by way of: (i) admonishing the officer; (ii) transferring the officer to a specified office (whether at the same or a different locality), being an office for which he is qualified and, if there is a salary range applicable to the office so specified, determining that he be paid a specified salary within that range; or (iii) dismissing the officer from the Service; or (b) that he take no action in respect of the misconduct of the officer. (8) The Board shall furnish to the Governor‑General with a recommendation under subsection (7) in relation to a charge: (a) particulars of its reasons for making the recommendation; (b) a copy of any notification furnished to the Board in pursuance of paragraph (3)(b), or of any report furnished to the Board in pursuance of subsection (5), in relation to the charge; and (c) any submission that is furnished to the Board in pursuance of subsection (9) in relation to the recommendation. (9) Before furnishing a recommendation to the Governor‑General under subsection (7) with respect to an officer, the Board shall inform the officer of the recommendation it proposes to furnish and afford the officer an opportunity to furnish to it any submission that the officer wishes the Governor‑General to consider in relation to the recommendation. (10) Where a recommendation under subsection (7) has been furnished to the Governor‑General, the Governor‑General may, after consideration of the recommendation and of any documents furnished with it in pursuance of subsection (8): (a) take, in respect of the misconduct of the officer, action of a kind specified in paragraph (7)(a), whether or not the Board recommended that he take action of that kind; or (b) decide not to take any action in respect of the misconduct of the officer, whether or not the Public Service Board so recommended. (11) Where the Governor‑General decides not to give effect to a recommendation furnished to him under subsection (7) in relation to the misconduct of an officer, a copy of a statement setting out his reasons for not giving effect to the recommendation shall be laid before each House of the Parliament within 14 sitting days of that House after he so decides.