S.L. const.3 Art. 14Disciplinary action after acquittal of criminal charge.

(1) A public officer acquitted of a criminal charge in any

Court shall not be dismissed or otherwise punished on any charge upon which he has been acquitted, but nothing in this regulation shall prevent his being dismissed or otherwise punished on any other charge arising out of his conduct in the matter, unless the charge raises substantially the same issues as those on which he has been acquitted.

(2) Whenever a Head of Department, or his delegated representative, proposes to take disciplinary action against an officer in terms of regulation 17 and in accordance with sub-regulation (1), he shall submit, within five (5) working days from when he becomes aware of the court judgement that has become final and definite, the proposed statement of the charges to the Attorney General for his approval. The Head of Department shall await the Attorney General’s approval before initiating any disciplinary proceedings.

(3) Where a public officer has been acquitted of a criminal charge, the Head of Department shall inform the Commission of the outcome of the criminal proceedings and whether he proposes to take or not to take any disciplinary action against the officer in accordance with sub-regulation (2). When applicable, the Head of Department shall also make a recommendation as to whether or not the precautionary suspension should be lifted, giving reasons.

(4) In considering the proposal by the Head of Department, and in accordance with sub-regulation (3), the Commission shall decide -

(a) whether the officer’s precautionary suspension should be maintained, or whether it should be lifted and, in the latter case;

(b) whether any part of the salary withheld from the officer during his precautionary suspension should be refunded to him, or whether a decision on this matter should be held in abeyance pending conclusion of the disciplinary proceedings. DISCIPLINARY