Page:Public Service (Disciplinary) Regulation (Executive Order 2 of 1997).pdf/2

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S. S. NO. 5 TO GAZETTE NO. 2/1997
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(a) notify the officer of the grounds on which it is proposed to order an investigation;
(b) call upon the officer to state in writing, within such reasonable period as the Chief Executive may specify, any grounds upon which he relies to exculpate himself.

(2) If the officer—

(a) does not furnish any such statement within the time specified by the Chief Executive; or
(b) fails to exculpate himself to the satisfaction of the Chief Executive,

the Chief Executive may order an investigation under section 9 or 10 of the Order.

5. Investigation under section 9 of the Order

(1) An investigation ordered by the Chief Executive for the purpose of section 9 of the Order shall be conducted by an investigating officer appointed by the Chief Executive.

(2) An investigating officer appointed pursuant to subsection (1) shall be a public servant who is senior to the officer who is the subject of the investigation.

6. Investigation under section 10 of the Order

(1) An investigation ordered by the Chief Executive for the purpose of section 10 of the Order shall be conducted by an investigating committee appointed by the Chief Executive.

(2) An investigating committee appointed pursuant to subsection (1) shall consist of 2 or more public servants who are senior to the officer who is the subject of the investigation.

7. Procedure for investigations

(1) An investigation ordered by the Chief Executive for the purpose of section 9 or 10 of the Order shall be conducted—

(a) in accordance with the procedures as set out in this Regulation and the Schedule and any directions given by the Chief Executive under section 21(3) of the Order;
(b) where the procedures in this Regulation and the Schedule cannot be applied, in accordance with such procedures as the investigating officer or the investigating committee, as the case may be, shall determine.