Appeals In Disciplinary Cases |
Appeals In Disciplinary Cases |
APPEALS IN DISCIPLINARY CASES107.- 1. This section applies to-
a. any decision of the Governor-General acting in accordance with the advice of the Public Service Commission, or any decision of the Public Service Commission, to remove a public officer from office or to exercise disciplinary control over a public officer (including a decision made on appeal from or confirming a decision of any person to whom powers are delegated under section 100(2) of this Constitution);
b. any decision of any person to whom powers are delegated under section 100(2) of this Constitution to remove a public officer from office or to exercise disciplinary control over a public officer (not being a decision which is subject to appeal to or confirmation by the Public Service Commission);
c. any decision of the Public Service Commission to give such concurrence as is required by section 110(1) or (2) of this Constitution in relation to the refusal, withholding, reduction in amount or suspending of any pensions benefits in respect of an officer's service as a public officer;
d. any decision of the Police Service Commission to remove a member of the Police Force from office or o exercise disciplinary control over such a member under section 105(1) of this Constitution;
e. if it is so provided by Parliament, any decision of the Commissioner of Police under subsection (5) of section 105 of this Constitution, or of a person to whom powers are delegated under subsection (6) of that section, to remove a police officer from office or to exercise disciplinary control over a police officer;
f. such decisions with respect to the discipline of any military, naval or air force of Antigua and Barbuda as may be prescribed by Parliament.
2. Subject to the provisions of this section an appeal shall lie to the Board from any decision to which this section applies at the instance of the public officer, police officer or member of the naval, military or air force in respect of whom the decision is made:
Provided that in the case of any such decision as is referred to in subsection (1) (e) if this section, an appeal shall lie in the first instance to the Police Service Commission if it is so provided by Parliament, in which case the Commission shall have the like powers as are conferred on the Board by subsection (1) of section 108 of this Constitution.
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Constitution of Antigua
1. The State and its Territory 2. Constitution is Supreme Law 3. Fundamental Rights and Freedoms of the Individual 4. Protection of Right to Life 5. Protection of Right to Personal Liberty 6. Protection from Slavery and Forced Labour 7. Protection from Inhuman Treatment 8. Protection of Freedom of Movement 9. Protection from Deprivation of Property 10. Protection of Person Or Property from Arbitrary Search Or Entry 11. Protection of Freedom of Conscience 12. Protection of Freedom of Expression Including Freedom of the Press 13. Protection of Freedom of Assembly And Association 14. Protection from Discrimination On the Grounds of Race, Sex Etc. 15. Provision to Secure Protection of the Law 16. Derogations from Fundamental Rights And Freedoms Under Emergency Powers 17. Protection of Persons Detained-under Emergency Laws 18. Enforcement of Protective Provisions 19. Protection from Derogations from Fundamental Rights and Freedoms Generally 20. Declaration of Public Emergency 21. Interpretation and Savings 22. Establishment Of Office 23. Acting Governor-general 24. Oaths 25. Deputy to Governor-General 26. Public Seal 27. Establishment of Parliament 28. Composition of the Senate 29. Qualifications for Appointment as Senators 30. Disqualifications from Appointment as Senators 31. Tenure of Office of Senators 32. Appointment of Temporary Senators 33. President and Vice-president 34. Attendance of Attorney-general at Proceedings of Senate 35. Attendance at Proceedings of Senate of Ministers who are Members of the House 36. Composition of the House 37. Attendance at Proceedings of the House of Ministers who are Senators 38. Qualifications for Election as a Member of the House 39. Disqualifications from Election as a Member of the House 40. Election of Members of the House 41. Tenure of Seats of Members of the House 42. Speaker and Deputy Speaker 43. Clerks to Houses of Parliament and their Staffs 44. Determination of Questions of Membership 45. Unqualified Persons Sitting or Voting 46. Power to Make Laws 47. Alternation of this Constitution and Supreme Court Order 48. Oath of Allegiance by Members of Parliament 49. Presiding in Senate and House 50. Quorum 51. Voting 52. Mode of Exercising Legislative Power |