63CRemoval and variation of suspension

##### 63C Removal and variation of suspension (1) Where an officer has been suspended from duty under section 63B, the suspension may be removed in accordance with this section, but, subject to paragraph 63R(1)(e), shall not otherwise be removed, revoked or rescinded. (2) Where an officer is suspended from duty under section 63B: (a) the relevant Secretary may: (i) at any time, upon application by the officer or otherwise, remove the suspension; or (ii) if the relevant Secretary is satisfied that the officer is suffering or has suffered hardship—subject to any determination under section 82D, direct that the officer be paid the whole or part of the officer’s salary for the whole or part of the period of the officer’s suspension; and (b) the relevant Secretary shall, if the suspension continues for more than 30 days, forthwith after the suspension has continued for more than 30 days, consider whether the suspension should be removed, or a direction should be given, under paragraph (a). (3) Where, after an officer has been directed to perform temporarily other duties, or has been suspended from duty, in circumstances referred to in paragraph 63B(1)(b): (a) the officer is charged with a failure, or with 2 or more failures, to fulfil his duties as an officer and the charge or each charge is found not to have been proved by the officer holding the inquiry or by a Disciplinary Appeal Committee or is withdrawn; or (b) an officer authorized for the purposes of subsection 61(2) decides that the officer should not be charged with any such failure; the relevant Secretary shall, if the direction has not previously been revoked or the suspension has not previously been removed, revoke the direction or remove the suspension, as the case requires. (4) Where: (a) an officer has, by reason of his having been charged with a criminal offence or with 2 or more criminal offences, been directed to perform temporarily other duties, or been suspended from duty, under subsection 63B(1); and (b) a condition specified in subsection (5) is fulfilled in respect of the charge, or of each of the charges, as the case may be; the relevant Secretary shall, if the direction has not previously been revoked or the suspension has not previously been removed, revoke the direction or remove the suspension, as the case requires. (5) For the purposes of paragraph (4)(b), the conditions in respect of a charge are: (a) the condition that, upon the hearing of the charge, the officer neither pleads guilty to the charge nor is found guilty of the criminal offence with which he is charged or of any other criminal offences established by the evidence given upon the hearing of the charge; and (b) the condition that the charge is not proceeded with. (6) Where: (a) an officer has been suspended from duty under subsection 63B(1); (b) an amount of salary that would otherwise have been paid to the officer in respect of the whole, or a part, of the period of the suspension was not payable to him; and (c) the suspension is required to be removed under subsection (3) or (4) or would have been required to be so removed had it not previously been removed; the relevant Secretary shall, subject to subsection (7), authorize payment to him of an amount equal to the amount of salary referred to in paragraph (b). (7) Where the relevant Secretary is satisfied that an officer to whom subsection (6) applies has engaged in employment outside the Service during the whole, or a part, of the period of his suspension, the amount payable to him under that subsection shall be reduced by an amount equal to the total of the amounts of the earnings that the relevant Secretary is satisfied were received or are receivable by him in respect of that employment or work. (8) A relevant Secretary may request an officer to whom subsection (6) applies to furnish to him, in writing: (a) particulars of any employment outside the Service in which the officer has engaged during the whole, or a part, of the period of his suspension; and (b) particulars of the total amounts of the earnings that were received or are receivable by the officer in respect of that employment; and may defer authorizing payment to the officer under subsection (6) until these particulars have been furnished to him. (9) Where the suspension of an officer who had, after being suspended under section 63B, sought, and been granted, leave of absence for a part of the period of suspension, is required to be removed under subsection (3) or (4) or would have been required to be so removed had it not previously been removed, the officer is entitled to a credit of a period of leave of absence equal to that part of the period of suspension. (10) Where an officer who has been suspended from duty under section 63B is dismissed from the Service, the period during which the officer is suspended from duty does not count as service for any purpose. (11) Where an officer retires from the Service or dies while he is, under section 63B, suspended from duty, the Board shall determine whether the whole, or any part, of the officer’s period of suspension is to form part of the officer’s period of service for any purpose under this Act or any other Act, and, if so, the purposes for which it is to form part of his period of service. (12) Where an officer retires from the Service or dies while he is, under section 63B, suspended from duty without salary, the Board may, in its discretion, authorize payment to the officer, or to the estate of the deceased officer, of an amount equal to the amount of salary that would otherwise have been paid to the officer in respect of the period of his suspension without salary less the total of the amounts (if any) of the earnings that the Board is satisfied the officer received or was entitled to receive in respect of any employment or work engaged in by him while so suspended. (13) Where an officer is performing temporarily other duties in accordance with a direction under section 63B, or is under suspension from duty under that section, in connexion with any misconduct or offence, immediately before: (a) a direction in respect of the officer in relation to that misconduct or offence takes effect under section 62 or 63; or (c) a Disciplinary Appeal Committee sets aside a direction given under subsection 62(6) in relation to the misconduct or under subsection 63(1) in relation to the offence; the direction that the officer perform temporarily those other duties shall be deemed to have been revoked or the suspension of the officer from duty shall be deemed to have been removed, as the case requires, upon the direction referred to in paragraph (a) taking effect or the setting aside of the direction referred to in paragraph (c), as the case may be. (14) The revocation of a direction under subsection 63B(1) or (1A) that an officer perform other duties, or the removal of the suspension under that subsection of an officer from duty, in circumstances other than circumstances where the direction is required to be revoked or the suspension is required to be removed, does not prevent the officer from being directed to perform other duties, or suspended from duty, in accordance with that subsection, as if the previous direction or suspension had not taken place.