Section 20:

20. (1) An officer may be dismissed only in accordance with the procedure prescribed by this regulation. (2) The following procedure shall apply to an investigation with a view to the dismissal of an officer— (a) the Commission (after consultation with the Director of Public Prosecutions, if necessary) shall cause the officer to be notified in writing of the charges and to be called upon to state in writing before a specified day (which day shall allow a reasonable interval for the purpose) any grounds upon which he relies to exculpate himself; (b) the Commission shall inform the officer charged that on a specified day the charges against him will be enquired into by the Commission and that upon such enquiry he will be permitted to appear and defend himself; (c) where— (i) the investigation of matters other than those forming the subject of charges is incomplete at the time of the making of the charges; and (ii) the Commission desires that the charges already made should be expeditiously disposed of, the notification of charges under paragraph (a) above may include a notice that further matters then under investigation may form the subject of additional charges; (d) where witnesses are examined by the Commission, the officer shall be given an opportunity of being present and of putting questions to the witnesses on his own behalf, and no documentary evidence shall be used against him unless he has previously been supplied with a copy of it or given access to it; [Issue 1] CON – 138 Revised Laws of Mauritius (e) the Commission may permit the officer charged or the person or authority preferring the charges to be represented by a public officer, or by a barrister or an attorney; (f) where during the course of the enquiry further grounds which may justify dismissal are disclosed, and the Commission thinks fit to proceed against the officer on such further grounds, the Commission shall cause the officer to be furnished with charges in writing and the same steps shall be taken as those prescribed by this regulation in respect of the original charges; (g) the Commission, after holding the enquiry, shall determine the punishment, if any, including retirement from the public service under regulation 9, to which should be inflicted on the officer.