63GReview of findings

63G Review of findings

(1) Where, upon the holding of an inquiry into a charge laid against a person under subsection 61(2), section 63K or 63L, or upon the hearing by a Disciplinary Appeal Committee of an appeal in connexion with such a charge, the charge is found to have been established and:

(a) in a case where the charge was laid under subsection 61(2):

(i) a sum was deducted from the salary of the person;

(ii) the salary of the person was reduced;

(iii) the person was transferred to another office; or

(iv) the person was dismissed from the Service; or

(b) in a case where the charge was laid under section 63K or 63L—the person was dismissed from the Service;

the person may, at any time, request the Merit Protection and Review Agency, in writing, to review the finding, or the action taken in respect of the charge, on the ground that evidence that was not given, and could not reasonably be expected to be given, on behalf of the person in the course of the investigation of the charge is now available and that the evidence might, if it had been given, have resulted in the charge being found not to have been established, or in less severe action being taken in respect of the charge, as the case may be. (2) A request under subsection (1) shall set out particulars of the evidence that has become available. (3) Where the Merit Protection and Review Agency is satisfied that the ground of the request is established, the Agency shall refer the request to a Disciplinary Appeal Committee. (4) Where the request of a person for the review of a finding is referred to a Disciplinary Appeal Committee, the Disciplinary Appeal Committee:

(a) shall review the finding;

(b) shall:

(i) if it is satisfied, in the light of the evidence given when the charge was being investigated and of the evidence given before it in connexion with the review, that the person failed to fulfil his duty as an officer, or failed to fulfil his duty as an unattached officer within the meaning of Subdivision D, as the case requires—affirm the finding; or

(ii) in any other case—quash the finding and recommend to the Public Service Board that it take such action, by way of recompensing the person, as is, in the opinion of the Public Service Board, reasonable and practicable in all the circumstances; and

(c) shall furnish to the person and to the Public Service Board its reasons for making its decision.

(5) Where the request of a person for the review of action taken in respect of a charge is referred to a Disciplinary Appeal Committee, the Disciplinary Appeal Committee:

(a) shall review the action so taken;

(b) shall:

(i) if it is satisfied, in the light of the evidence given when the charge was being investigated and of the evidence given before it in connexion with the review, that the action so taken was not too severe—affirm the action; or