Section 35:

35. (1) Where a responsible officer considers it necessary to institute disciplinary proceedings against any member of a Disciplined Force on the grounds of misconduct which, if proved, would justify his dismissal from the public service, he shall, after such preliminary investigation as he considers necessary and after seeking the advice of the Solicitor-General on the terms of the charge or charges, forward to the member concerned a statement of the charge or charges preferred against him together with a brief statement of the allegations, in so far as they are not clear from the charges themselves, on which each charge is based, and call upon such member to state in writing before a day to be specified by the responsible officer any grounds on which he relies to exculpate himself. (2) Where the member does not furnish a reply to any charge forwarded under paragraph (1) within the period specified or where, in the opinion of the responsible officer, he fails to exculpate himself, the responsible officer shall forward to the Secretary copies of his report, the statement of the charge or charges, the reply, if any, of the accused member and his own comments on it. (3) (a) Where, on consideration of the report of the responsible officer, the Commission is of the opinion that proceedings for the dismissal of the member should be continued, it shall appoint a committee, which shall consist of not less than 3 members, who shall be public officers, to enquire into the matter. (b) One member of the committee shall be a Judge, Magistrate or a public officer who is or has been a barrister, and all members shall be selected with due regard to the standing of the accused member. (c) Neither the responsible officer nor any other officer serving in the accused member’s Ministry or Department shall be a member of the committee. (4) The committee shall inform the accused member that on a specified day the charges made against him will be investigated and that he will be allowed or, if the committee so determines, will be required to appear before it to defend himself. CON – 129 [Issue 1] The Constitution (5) Where witnesses are examined by the committee, the accused member shall be given an opportunity of being present and of putting questions on his own behalf to the witnesses, 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. (6) (a) The committee may permit the prosecuting party or the accused member to be represented by a public officer or a legal practitioner. (b) Where the committee permits the prosecuting party to be represented, it shall permit the accused member to be represented in a similar manner. (7) Where during the course of the enquiry grounds for the preferment of additional charges are disclosed, the committee shall so inform the responsible officer who shall follow the same procedure as was adopted in preferring the original charges. (8) (a) The committee, having enquired into the matter, shall forward its report to the Commission together with the record of the charges preferred, the evidence led, the defence and other proceedings relevant to the enquiry. (b) The report of the committee shall include— (i) a statement whether in the committee’s opinion the accused member has or has not committed the offence or offences charged and a brief statement of the reasons for the opinion; (ii) details of any matters which in the committee’s opinion aggravate ving enquired into the matter, shall forward its report to the Commission together with the record of the charges preferred, the evidence led, the defence and other proceedings relevant to the enquiry. (b) The report of the committee shall include— (i) a statement whether in the committee’s opinion the accused member has or has not committed the offence or offences charged and a brief statement of the reasons for the opinion; (ii) details of any matters which in the committee’s opinion aggravate or alleviate the gravity of the case; and (iii) a summing-up and such comments as will indicate clearly the opinion of the committee on the matter under enquiry. (9) The committee shall not make any recommendation regarding the form of punishment. (10) The Commission, after consideration of the report of the committee, may, if it is of the opinion that the report should be amplified in any way or that further investigation is desirable, refer the matter back to the committee for further investigation and report. (11) The Commission, after consideration of the report of the committee or of any further report called for under paragraph (10), shall determine the punishment, if any (including retirement under regulation 37), which should be inflicted on the accused member.