S.L. const.3 чл. 13Head of Department to consult Attorney General whether prosecution or disciplinary action should be taken. 

(1) When it comes to the notice of a Head of Department that an offence allegedly committed by a public officer under his responsibility may be of a criminal nature, he shall consult the

Attorney General as to whether a prosecution should be instituted or, if the latter does not advise a prosecution, as to whether disciplinary action should be taken under these regulations. In the latter case, the charges framed against the officer shall be approved by the Attorney General before the officer is required to answer them or before any disciplinary proceedings are instituted.

(2) If criminal proceedings are instituted against a public officer in any court, the officer shall so inform his Head of Department within three (3) working days from the day after the commencement of such proceedings. The Commissioner of Police shall also report to the Head of Department that criminal proceedings are being instituted against the said public officer: Provided that neither the officer nor the Commissioner of Police shall be obliged to inform the Head of Department about criminal proceedings instituted solely in connection with a contravention, unless that contravention is alleged to have occurred at the officer’s place of work or is related to his duties.

(3) Whenever it comes to the notice of the Head of Department that a public officer under his responsibility is to be arraigned in court or is being investigated or has been arrested by the police in connection with a criminal offence which is of a nature likely to warrant disciplinary action, he shall forthwith report the facts to the Commission with a recommendation giving reasons as to whether the officer should or should not be suspended for precautionary purposes from the exercise of his powers and functions. No disciplinary proceedings against such an officer upon any grounds involved in the criminal charge shall be taken until the conclusion of the criminal proceedings and the determination of any appeal. The report referred to the Commission by the Head of Department shall be copied to the officer undergoing criminal proceedings.

(4) Where the Head of Department has recommended to the Commission that the officer should be suspended for precautionary purposes, he may suspend the officer from the exercise of the powers and functions of his office pending the decision of the Prime Minister acting on the recommendation of the Commission.

(5) An officer suspended for precautionary purposes in terms of this regulation, and in respect of whom no criminal charges are instituted after the lapse of six (6) months from the date of such suspension, may submit written representations with justified reasons requesting the Commission to consider the lifting of such suspension.

Provided that, the Commission shall refer the representations to the Head of Department for his opinion prior to considering such representations and the Commission shall decide whether its original recommendation should be confirmed or revoked, and it shall make a recommendation to the Prime Minister accordingly.

(6) The lifting of a precautionary suspension following representations in terms of sub-regulation (5) shall be without prejudice to any action in terms of these regulations, should criminal proceedings be instituted against the officer concerned.