Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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S.L. const.3 · sl/const.3 (S.L. const.3)

S.L. const.3 Art. 15Disciplinary action after conviction on criminal charge.

In KraftAmtlicher Text

(1) If a public officer has been found guilty of a criminal charge, the findings of the Court on such charge shall be referred by the Head of Department to the Commission.

(2) The Commission, after considering the findings of the Court, and of the Court of Appeal, if any, the nature of the misconduct and whether such misconduct has a direct or indirect relation to the duties of the officer concerned, shall make a recommendation to the Prime Minister as to the penalty, if any, to be imposed: Provided that if the Commission considers that the appropriate penalty following conviction on a criminal charge shall be dismissal or a warning of dismissal or the forfeiture of any salary withheld, it shall inform the officer of his right to make written representations to the Commission within a period of ten

(10) working days from such notification and the Commission shall consider such representations and may give the officer the opportunity of an oral hearing before making a recommendation to the Prime Minister.

(3) If an officer who has been suspended for precautionary purposes as a result of criminal proceedings is found guilty and the proposed penalty following conviction is other than dismissal, the Commission may recommend the lifting of the precautionary suspension without prejudice to the possibility of the forfeiture of the salary withheld or the imposition of disciplinary penalties.

Part V - Disciplinary Procedure under Delegated Authority