S.L. const.7 Art. 15Disciplinary action after conviction on criminal charge.    Cap. 9.

(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:

Provided that, the Head of Department may refrain from referring the findings of the Court to the Commission if after considering such findings and the effect of the misconduct on the reputation of the Public Service, he determines that:

(a) the misconduct has no direct or indirect relation to the duties of the officer concerned, and

(b) the penalty imposed by the Court does not include a sentence of imprisonment, whether it be effective or suspended, or interdiction in terms of Article 10 of the Criminal

Code.

(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 or the Head of the Public Service, as the case may be, 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 or the Head of the Public Service, as the case may be.

(3) If an officer who has been suspended for precautionary purposes as a result of criminal proceedings is found guilty and the Head of Department, refrains from referring the case to the Commission in terms of sub-regulation (1), he shall lift the precautionary suspension without undue delay:

Provided that the officer shall be entitled to the part salary withheld during the period of precautionary suspension:

Provided further that where the case is referred to the Commission by the Head of Department 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