Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 64

64. (1) Where-

   (a)  an officer authorized for the purpose of sub-section 58 (5) or a
        Disciplinary Appeal Board has found that a charge against a person
        under sub-section 58 (3) has been established; and

   (b)  in respect of the charge-

        (i)    a sum was deducted from the salary of the person;

        (ii)   the salary of the person was reduced;

        (iii)  the person was transferred to another position; or

        (iv)   the person was dismissed from the Service, the person may, at
               any time, request the Commission, in writing, to review the
               finding, or the action taken in respect of the charge, on the
               ground that evidence that was not given, and could not
               reasonably be expected to be given, on behalf of the person in
               the course of the investigation of the charge is now available
               and that the evidence might, if it had been given, have
               resulted in the charge being found not to have been
               established, or in less severe action being taken in respect of
               the charge, as the case may be.

(2) A request under sub-section (1) shall set out particulars of the evidence
that has become available.

(3) Where the Commission is satisfied that the ground of the request is
established, the Commission shall review the finding or the action taken in
respect of the charge, as the case may be.

(4) Where the Commission has reviewed a finding, the Commission shall-

   (a)  if it is satisfied, in the light of the evidence given when the charge
        was being investigated and the evidence before the Commission in
        connexion with the review, that the person failed to fulfil his duty
        as an officer-confirm the finding; or

   (b)  in any other case-quash the finding and take such action, by way of
        recompensing the person, as is, in the opinion of the Commission,
        reasonable and practicable in all the circumstances.

(5) Where the Commission has reviewed the action taken in respect of a charge,
the Commission shall-

   (a)  if it is satisfied, in the light of the evidence given when the charge
        was investigated and the evidence before the Commission in connexion
        with the review, that the action so taken was not too severe-confirm
        the action; or

   (b)  in any other case-take such action to mitigate the severity of the
        action taken in respect of the charge as is, in the opinion of the
        Commission, reasonable and practicable in all the circumstances.

(6) Without limiting the power of the Commission under sub-section (4) or (5),
the Commission may, if it considers it appropriate to do so, reappoint the
person as an officer and appoint him to, or transfer the person to, his
original position or an equivalent position, or, if such a position is not
available, to an available position as nearly as possible equivalent to his
original position.

(7) In this section-

   (a)  a reference to the investigation of a charge is a reference-

        (i)    if the person charged appealed to a Disciplinary Appeal
               Board-to the investigation of the charge by that Board; or

        (ii)   in any other case-to the investigation of the charge by the
               officer authorized under sub-section 58 (5) to investigate the
               charge; and

   (b)  a reference to the giving of evidence includes a reference to the
        submission or production of a statement or other material.