Disciplinary proceedings
31.—(1) Every allegation against any police officer below the rank of inspector that he has committed a disciplinary offence shall be reported in the form of a charge to a disciplinary officer.
(2) A disciplinary officer may, when dealing with a charge brought before him under subsection (1), dismiss the charge if and only if he is satisfied that—
- (a) the charge is groundless and ought not to be proceeded with; or
- (b) there are special circumstances which justify its dismissal,
and the disciplinary officer shall record his reasons for the dismissal.
(3) A disciplinary officer shall not be bound by the law of evidence when dealing with a charge brought before him under subsection (1) and, subject to the Police Regulations, shall act in such manner as seems to him most expedient for the disposal of the case before him.
Commissioner may refer case to Public Service Commission for determination
32.—(1) Notwithstanding section 31, the Commissioner may, if he thinks fit, refer any case where disciplinary proceedings for a disciplinary offence are to be taken under this Part against a police officer below the rank of inspector to the Public Service Commission for the case to be dealt with by the Public Service Commission in accordance with the regulations governing disciplinary proceedings in the public service.
(2) Where any case has been referred to the Public Service Commission under subsection (1), the Commission may—
- (a) order that the police officer below the rank of inspector concerned be dismissed;
- (b) order that he be retired from the Police Force; or
- (c) punish him in accordance with section 40(2), (3), (4) or (5), as the case may be.
(3) Where any case has been referred to the Public Service Commission under subsection (1), any reference in this Act to a disciplinary officer shall include a reference to the Public Service Commission.
