Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 65

Division 7-Forfeiture of Office
65. (1) Where an officer is absent from duty without permission, and has been
so absent for a continuous period of not less than 4 weeks, the Commission may
send to him, by prepaid registered post addressed to him at the address of the
officer last known to the Commission, a notice informing him that unless,
within a period of 2 weeks from and including the date on which the notice was
sent-

   (a)  he returns to duty; or

   (b)  he explains his absence and seeks the permission of the Commission for
        any further period of absence that may be necessary having regard to
        that explanation, he will be deemed to have resigned upon the
        expiration of that period of 2 weeks.

(2) Where an officer to whom a notice under sub-section (1) has been sent does
not, within a period of 2 weeks from and including the date on which the
notice was so sent-

   (a)  return to duty; or

   (b)  explain his absence and seek the permission of the Commission for a
        further period of absence, and the notice has not been revoked under
        sub-section (11), he shall be deemed to have resigned on the day
        following the expiration of that period of 2 weeks.

(3) Where a notice has been sent to an officer under sub-section (1) and,
within the period of 2 weeks after that notice was so sent, the officer
explains his absence and seeks the permission of the Commission for a further
period of absence, the Commission shall, as soon as practicable, consider the
matter and may, by notice in writing sent to him by pre-paid registered post
addressed to him at his address last known to the Commission, inform him-

   (a)  that he has been granted leave of absence for such period and on such
        conditions as are specified in the notice; or

   (b)  that he is required to return to duty and, unless he returns to duty
        within a period of 2 weeks from and including the date on which the
        notice is sent, he will be deemed to have resigned upon the expiration
        of that last-mentioned period.

(4) Where an officer who is required by a notice sent to him under sub-section
(3) to return to duty does not return to duty within the period referred to in
the notice, and the notice has not been revoked under sub-section (11), he
shall be deemed to have resigned on the day following the expiration of that
period.

(5) A person who is deemed to have resigned his office in accordance with
sub-section (2) or (4) may apply, in writing, to the Commission for
re-appointment.

(6) Where the Commission is satisfied that a person making application under
sub-section (5) had reasonable grounds for being absent, it may 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.

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

(8) Where the Commission has refused an application under sub-section (5), the
applicant may appeal against the refusal to a Disciplinary Appeal Board
established under section 63.

(9) A Disciplinary Appeal Board shall hear each appeal submitted to it under
sub-section (8) and may-

   (a)  confirm the refusal appealed against; or

   (b)  direct the Commission, as follows, that is to say, that it 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 the original
        position.

(10) The provisions of sub-sections 62 (3), (4), (8) and (9) apply to appeals
made under this section in like manner as they apply to appeals against a
refusal by the Commission of an application made under sub-section 61 (3).

(11) The Commission may, at any time before an officer is to be deemed to have
resigned under this section, by notice in writing sent to the officer by
pre-paid registered post addressed to him at his address last known to the
Commission, revoke a notice previously sent to the officer under this section
and the notice is then void and of no effect.