Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 60

60. (1) Where an officer is suspended from duty under section 59-

   (a)  the Commission may, at any time, whether upon application by the
        officer or otherwise, remove the suspension or direct that he be paid
        salary during the suspension; and

   (b)  the Commission shall, if the suspension continues for more than 30
        days, forthwith after the suspension has continued for more than 30
        days, consider whether the suspension should be removed or salary
        should be paid during the suspension.

(2) Where an officer has, by reason of the officer having been charged with an
offence referred to in paragraph 59 (1) (a), been suspended from duty or
transferred temporarily to another position and, upon the hearing of the
charge-

   (a)  the officer does not plead guilty, and is not found guilty in respect
        of the offence of which he is charged or of another offence of a kind
        referred to in that paragraph; or

   (b)  the charge is not proceeded with, the Commission shall, if it has not
        previously done so, remove the suspension or transfer the officer back
        to the position which he previously held, as the case may be.

(3) Where an officer has been suspended from duty or transferred temporarily
to another position in circumstances referred to in paragraph 59 (1) (b) and-

   (a)  if the officer is charged with misconduct-the officer holding an
        inquiry into the misconduct or a Disciplinary Appeal Board finds that
        the charge has not been established or the charge is withdrawn; or

   (b)  in any other case-an officer authorized for the purposes of
        sub-section 58 (3) decides that the officer should not be charged with
        misconduct, the Commission shall, if it has not previously done so,
        remove the suspension or transfer the officer back to the position
        previously held by him, as the case may be.

(4) Where-

   (a)  an officer has been suspended from duty under section 59;

   (b)  the amount of salary that would otherwise have been paid to the
        officer in respect of the period or a part of the period of the
        suspension was not paid to him; and

   (c)  the Commission removes the suspension, the officer shall, subject to
        sub-section (5), be paid that amount of salary.

(5) Where the Commission is satisfied that an officer to whom sub-section (4)
applies has engaged in paid employment or work during the period or a part of
the period of his suspension, the amount payable to him under that sub-section
shall be reduced by the amount equal to the total of the amount of the
earnings that the Commission is satisfied were received or are receivable by
him in respect of that employment or work.

(6) Where the suspension of an officer who had, after the suspension
commenced, sought and been granted leave of absence for a part of the period
of suspension, is removed under this section, the officer is entitled to a
credit of a period of leave of absence equal to that part of the period of
suspension.

(7) Except where an officer is dismissed from the Service, the period during
which the officer is suspended from duty counts as service for all purposes.

(8) Where an officer retires or resigns from the Service or dies while he is
suspended from duty without salary, the Commission may, in its discretion,
authorize payment to the officer, or to the estate of the deceased officer, of
an amount equal to the salary that would otherwise have been paid to the
officer in respect of the period of his suspension without salary less the
amount (if any) of the earnings that the Commission is satisfied the officer
received or was entitled to receive in respect of any employment or work
engaged in by him while so suspended.

(9) Where, immediately before a direction or decision of an officer or of the
Commission under section 58, a decision of the Commission under sub-section 61
(1) or a decision of a Disciplinary Appeal Board under section  62 takes
effect in relation to an officer, the last-mentioned officer is under
suspension from duty in connexion with the misconduct or offence to which the
direction or decision is related, the suspension ceases upon that direction or
decision taking effect.