Section 36:

36. (1) Where the responsible officer considers it necessary to institute disciplinary proceedings against a member of any Disciplined Force and is of the opinion that the misconduct alleged, if proved, would not be serious enough to warrant dismissal under regulation 35, he shall, after such preliminary investigation as he considers necessary, forward to the member concerned [Issue 1] CON – 130 Revised Laws of Mauritius a statement of the charge or charges against him and shall call upon him to state in writing before a day to be specified any grounds on which he relies to exculpate himself. (2) Where such member does not furnish a reply to the charge or charges against him within the period specified or does not, in the opinion of the responsible officer, exculpate himself, the responsible officer shall forward to the Secretary a report on the case together with copies of the charge or charges preferred against the member, the member’s reply, if any, and his own recommendations. (3) Where the Commission, on consideration of any report submitted to it by the responsible officer, is of the opinion that the matter warrants further disciplinary proceedings— (a) the Commission shall appoint a public officer to enquire into the matter; (b) the accused member shall be entitled to know the whole case against him and shall have an adequate opportunity of making his defence; (c) the public officer conducting such enquiry shall, within 14 days of the conclusion of the proceedings, submit his report to the Commission, together with the record of the charges preferred, the evidence led, the defence and other proceedings relevant to the enquiry, and his report shall include— (i) a statement whether in his opinion the accused member has or has not committed the offence or offences charged and a brief statement of the reasons for his opinion; (ii) details of any matters which in his opinion aggravate or alleviate the gravity of the case; and (iii) a summing up and such other comments as will indicate clearly his opinion on the matter under enquiry; (d) the public officer conducting the enquiry shall not make any recommendation regarding the form of punishment; (e) the Commission may, where it, considers that the results of the enquiry should be amplified in any way or that further investigation is desirable, refer the matter back to the person conducting the enquiry for further enquiry and report; and (f) the Commission, on consideration of the report submitted by the person conducting the enquiry, shall determine what punishment, if any (other than dismissal), should be inflicted on the member. (4) Notwithstanding paragraphs (1), (2) and (3), where at any stage during proceedings taken under this regulation— (a) it appears to the Commission that the offence if proved would justify dismissal; or (b) the Commission considers that if the offence is proved, proceedings for the retirement of the member from the Disciplined Force CON – 131 [Issue 1] The Constitution concerned on grounds of public interest would be more appropriate, the proceedings so taken shall be discontinued and the procedure prescribed in regulations 35 and 37, as the case may be, shall be followed.