Section 46A: (1) Where the Commission, in pursuance of section 89 (2) (b) (i) of

46A. (1) Where the Commission, in pursuance of section 89 (2) (b) (i) of the Constitution, delegates its powers to enquire and report, in the case of any professional misconduct or negligence committed by a public officer in the performance of his duties, to any appropriate statutory disciplinary body, such delegation shall be subject to the conditions set out in this Part. (2) The statutory disciplinary body to which the Commission has delegated its powers shall forthwith inform the Commission and, where the CON – 160 (1) [Issue 6] The Constitution relevant responsible officer has not himself so informed the statutory disciplinary body, the relevant responsible officer, of any prima facie act of professional misconduct, malpractice, fraud, dishonesty, negligence or act constituting a breach of any applicable code of practice or ethics. (3) (a) The responsible officer may, whether on being informed under paragraph (2), or after becoming aware of a report from any source that such an act or breach may have been committed— (i) require a public officer to instantly cease to exercise the powers and functions of his office where he considers that it is in the interest of the public service to do so and shall forthwith apply for the covering approval of the Commission; and (ii) decide to refer the act or breach under paragraph (2) to the statutory disciplinary body. (b) Where the responsible officer makes a referral under subparagraph (a), he shall, having regard to the nature of the act or breach, specify in the referral whether disciplinary proceedings shall be envisaged with a view to the officer being— (i) dismissed; (ii) retired in the interest of the public service; or (iii) subjected to any other form of punishment as specified in regulation 46E (5) (b). (4) A public officer under interdiction may not leave Mauritius without the permission of the responsible officer. (5) Where a preliminary investigation or a disciplinary inquiry into any such act or breach discloses that an offence against any law may have been committed by the public officer, the statutory disciplinary body shall forthwith— (a) refer the case to the Commissioner of Police who shall, promptly, take necessary action; and (b) inform the Commission and the relevant responsible officer of the referral. (6) Where the Director of Public Prosecutions does not advise prosecution but advises that disciplinary action should be taken against the public officer, the responsible officer shall seek the approval of the Commission thereon and refer the matter to the statutory disciplinary body which shall— (a) proceed with disciplinary proceedings against the public officer in accordance with this Part; and (b) inform the Commission and the relevant responsible officer of any action taken under subparagraph (a). (7) Where the Director of Public Prosecutions advises disciplinary action for an act or other wrong which does not fall under the ambit of the delegated power, the responsible officer shall institute proceedings in accordance with regulation 32 (2). [R. 46A inserted by GN 177 of 2010 w.e.f. 18 September 2010.] [Issue 6] CON – 160 (2) Revised Laws of Mauritius