Section 46E: (1) The statutory disciplinary body, having inquired into the charges,
consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
46E. (1) The statutory disciplinary body, having inquired into the charges,
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 inquiry.
(2) The report of the statutory disciplinary body shall include—
(a) a statement as to whether, in the opinion of the statutory
disciplinary body, the accused officer has or has not committed
the offence or offences and a brief statement of the reasons for
its opinion;
(b) details of any matter which, in the opinion of the statutory
disciplinary body, aggravates or alleviates the gravity of the
case; and
(c) a summing up and such comments as will indicate clearly the
opinion of the statutory disciplinary body on the matter under
inquiry.
(3) The statutory disciplinary body shall not make any recommendations
regarding the form of punishment.
(4) The Commission, on considering the report of the statutory
disciplinary body, may, where it is of the opinion that the report should be
amplified in any way or that further investigation is desirable, refer the
CON – 160 (3) [Issue 6]
The Constitution
matter back to the statutory disciplinary body for further investigation and
report within a period to be determined by the Commission.
(5) (a) The Commission, after consideration of the report of the statutory
disciplinary body or of any further report called for under paragraph (4), shall
determine the punishment, if any, which shall be inflicted on the accused
officer.
(b) The following punishments may be inflicted on any public officer
as a result of the proceedings under this Part—
(i) dismissal;
(ii) retirement in the interest of the public service;
(iii) reduction in rank or seniority;
(iv) stoppage of increment;
(v) deferment of increment;
(vi) suspension from work without pay for a period of not less
than one day nor more than 4 days;
(vii) severe reprimand;
(viii) reprimand.
[R. 46E inserted by GN 177 of 2010 w.e.f. 18 September 2010; amended by GN 15 of 2012
w.e.f. 2 February 2012.]