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the draft constitution of the commonwealth of grenada

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143.(1) The Public Service Commission shall have <strong>the</strong><br />

power to appoint persons to hold or act in <strong>of</strong>fices in <strong>the</strong> public<br />

service (including <strong>the</strong> power to confirm appointments), <strong>the</strong> power<br />

to exercise disciplinary control over persons holding or acting in<br />

such <strong>of</strong>fices, including <strong>the</strong> power to remove such persons from<br />

<strong>of</strong>fice, and <strong>the</strong> power to grant leave.<br />

(2) The Public Service Commission may, by written<br />

directions and subject to such conditions as it thinks fit, delegate<br />

any <strong>of</strong> its powers under subsection (1) <strong>of</strong> this section to any one or<br />

more members <strong>of</strong> <strong>the</strong> Commission or, with <strong>the</strong> consent <strong>of</strong> <strong>the</strong><br />

Prime Minister, to any public <strong>of</strong>ficer.<br />

(3) The provisions <strong>of</strong> this section shall not apply in<br />

relation to <strong>the</strong> following <strong>of</strong>fices, such as -<br />

(a) <strong>the</strong> <strong>of</strong>fices <strong>of</strong> Secretary to <strong>the</strong> Cabinet,<br />

permanent secretary, head <strong>of</strong> a department <strong>of</strong><br />

government and deputy head <strong>of</strong> a department<br />

<strong>of</strong> government;<br />

(b)<br />

(c)<br />

<strong>the</strong> <strong>of</strong>fice <strong>of</strong> Director <strong>of</strong> Public Prosecutions;<br />

<strong>the</strong> <strong>of</strong>fices <strong>of</strong> Registrar <strong>of</strong> <strong>the</strong> High Court<br />

and any public <strong>of</strong>fice in <strong>the</strong> department <strong>of</strong><br />

<strong>the</strong> Attorney General (including <strong>the</strong> public<br />

<strong>of</strong>fice <strong>of</strong> Attorney-General) or <strong>the</strong><br />

department <strong>of</strong> <strong>the</strong> Director <strong>of</strong> Public<br />

Prosecutions.<br />

(4) No persons shall be appointed under this section to<br />

or act in any <strong>of</strong>fice <strong>of</strong> <strong>the</strong> President’s personal staff except with <strong>the</strong><br />

concurrence <strong>of</strong> <strong>the</strong> President.<br />

(5) Before any <strong>of</strong> <strong>the</strong> powers conferred by this section<br />

are exercised by <strong>the</strong> Public Service Commission or any o<strong>the</strong>r<br />

person or authority in relation to <strong>the</strong> Clerk <strong>of</strong> <strong>the</strong> National<br />

Assembly or a member <strong>of</strong> <strong>the</strong> staff <strong>of</strong> that House, <strong>the</strong> Commission<br />

or that person or that authority shall consult with <strong>the</strong> Speaker <strong>of</strong> <strong>the</strong><br />

National Assembly.<br />

(6) Before <strong>the</strong> Public Service Commission or any o<strong>the</strong>r<br />

person or authority exercises its power under this section to appoint<br />

to or to act in any public <strong>of</strong>fice any person who holds or is acting in<br />

any <strong>of</strong>fice, <strong>the</strong> power to make appointments to which is vested by<br />

this Constitution in <strong>the</strong> Judicial and Legal Services Commission,<br />

<strong>the</strong> Public Service Commission or that person or authority shall<br />

consult with <strong>the</strong> Judicial and Legal Services Commission.<br />

(7) A public <strong>of</strong>ficer shall not be removed from <strong>of</strong>fice or<br />

subjected to any o<strong>the</strong>r punishment under this section on <strong>the</strong><br />

grounds <strong>of</strong> any act done or omitted by him or her in <strong>the</strong> exercise <strong>of</strong><br />

a judicial function conferred on him or her unless <strong>the</strong> Judicial and<br />

Legal Services Commission concurs <strong>the</strong>rein.<br />

(8) Every <strong>of</strong>ficer who is required to retire on <strong>the</strong><br />

abolition <strong>of</strong> his or her <strong>of</strong>fice or for <strong>the</strong> purpose <strong>of</strong> reorganization <strong>of</strong><br />

his or her Ministry or Department shall be entitled to pension and<br />

retirement benefits as if he or she had attained <strong>the</strong> compulsory<br />

retirement age.<br />

82

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