Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 62

62. (1) An officer may appeal to a Disciplinary Appeal Board-

   (a)  against his admonition by, or a direction or decision made or given
        with respect to him by, an officer or the Commission under section 58;
        or

   (b)  against a decision made with respect to him by the Commission under
        sub-section 61 (1).

(2) Where the Commission has refused an application under sub-section 61 (3)
or (4), the applicant may appeal against the refusal to a Disciplinary Appeal
Board.

(3) In the hearing of an appeal under this section, the Disciplinary Appeal
Board may take evidence on oath or affirmation.

(4) The regulations may prescribe the manner in which, and the time within
which, appeals may be made under this section and the manner in which the
hearing of appeals so made shall be conducted and may include provision for or
in relation to the summoning of witnesses, the production of documents, the
taking of evidence on oath or affirmation and the administering of oaths and
affirmations.

(5) A Disciplinary Appeal Board shall hear each appeal submitted to it under
sub-section (1) and may confirm, vary or set aside the direction or decision
against which the appeal is made.

(6) Where an officer appeals under sub-section (1) against a direction or
decision on the ground that the action to be taken in accordance with that
direction or decision is excessively severe, evidence may be given on the
hearing of the appeal-

   (a)  if the officer was, under section 59, suspended without salary prior
        to the giving of that direction or the making of that decision-of any
        loss of earnings arising from that suspension;

   (b)  if the officer is to be transferred to another position-of the
        expenses that will be incurred by the officer in connexion with that
        transfer; and

   (c)  of matters relating to the previous employment history and general
        character of the appellant.

(7) A Disciplinary Appeal Board shall hear each appeal duly submitted to it
under sub-section (2) and may-

   (a)  confirm the refusal appealed against; or

   (b)  direct the Commission, as follows:-

        (i)    if the appeal is against the refusal of an application under
               sub-section 61 (3)-that the Commission 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; or

        (ii)   if the appeal is against the refusal of an application under
               sub-section 61 (4)-that the Commission restore the officer to a
               salary equivalent to his former salary or transfer him to his
               original position or an equivalent position, or, if such a
               position is not available, to a position as nearly as possible
               equivalent to his original position.

(8) A Disciplinary Appeal Board shall give reasons, in writing, for its
decision on an appeal.

(9) The Commission shall take such action as is necessary to give effect to
the decision of a Disciplinary Appeal Board.