Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 61

61. (1) Where a court convicts an officer on a charge for an offence referred
to in paragraph 59 (1) (a) or a court, without recording a conviction, finds
that an officer has committed such an offence and the Commission, after giving
the officer an opportunity to furnish to it, in writing, any explanation that
he desires to make in relation to the offence, is of the opinion that, having
regard to the nature and circumstances of the offence and the nature of the
duties of the officer, the interests of the Commission justify it in so doing,
the Commission may counsel the officer or may decide to-

   (a)  transfer the officer to another position, whether at the same or a
        different locality, being a position for which he is qualified and
        which has the same classification as, or a lower classification than,
        the position held by the officer, and determine the salary, within the
        salary range of the position, that is to be paid to the officer; or

   (b)  dismiss the officer from the Service.

(2) A decision of the Commission under sub-section (1) with respect to an
officer does not take effect-

   (a)  if the officer appeals against the decision-unless the appeal lapses
        or is withdrawn or a Disciplinary Appeal Board confirms, either with
        or without a variation, the decision; or

   (b)  in any other case-until the expiration of the period within which the
        officer may appeal against the decision to a Disciplinary Appeal
        Board.

(3) Where, after a person charged with an offence referred to in paragraph 59
(1) (a) has been dismissed from the Service in accordance with a decision of
the Commission under sub-section (1), the finding of the court in relation to
the offence with which he was charged is nullified, the Commission may, upon
application, in writing, made to it by the person, appoint the person as an
officer, without probation, to fill his original position or an equivalent
position, or if such a position is not available, an available position as
nearly as possible equivalent to his original position.

(4) Where an officer charged with an offence referred to in paragraph 59 (1)
(a) has, under sub-section (1), been transferred to another position and the
finding of the Court in relation to the offence with which he was charged is
nullified, the Commission may, upon application, in writing, made to it by the
officer, transfer the officer to his original position or an equivalent
position, or, where such a position is not available, to an available position
as nearly as possible equivalent to his original position.

(5) Where the Commission refuses an application under sub-section (3) or (4),
it shall notify the applicant, in writing, accordingly and furnish to him its
reasons for the refusal.

(6) Where an officer serves a term of imprisonment, or a period of custody in
relation to an alleged offence, but is not dismissed-

   (a)  he shall be deemed, for the duration of his imprisonment or custody,
        to be on leave of absence without pay;

   (b)  his service before that period of imprisonment or custody shall be
        regarded as being continuous with his service after that period;

   (c)  the period of his imprisonment or custody shall not, unless the
        Commission otherwise determines, be regarded as service for any
        purpose under this Act; and

   (d)  the Commission may determine that the original position occupied by
        the officer is vacant.

(7) For the purposes of this section a finding of a court in relation to an
offence shall be regarded as having been nullified-

   (a)  where a person has been convicted on the basis of that finding-if the
        conviction has subsequently been quashed or otherwise nullified or the
        person convicted has received a pardon or has been released from
        prison as a result of an inquiry into the conviction; or

   (b)  in any other case-if the finding has been set aside.

(8) This section does not prevent an officer from being dealt with under
another provision of this Act, but an officer shall not be punished under this
Act twice in respect of the same matter.