46
The Constitution of the Democratic Socialist Republic of Sri Lanka
Delegation of
powers to a public
officer
57. (1) The Commission may delegate to a public officer,
subject to such conditions and procedure as may be determined
by the Commission, its powers of appointment, promotion,
transfer, disciplinary control and dismissal of such category of
public officers 42[as are specified by the Commission.]
(2) The Commission shall cause any such delegation to
be published in the Gazette, including the conditions and
procedure determined by the Commission for such purpose.
Right of appeal
58. (1) Any public officer aggrieved by an order relating
to a promotion, transfer, dismissal or an order on a disciplinary
matter made by a Committee or any public officer under Article
56 or Article 57, in respect of the officer so aggrieved, may
appeal to the Commission against such order in accordance
with such rules made by the Commission from time to time,
relating to the procedure to be followed in the making, hearing
and determination of an appeal made to the Commission and
the period fixed within which an appeal should be heard and
concluded.
(2) The Commission shall have the power upon such
appeal to alter, vary, rescind or confirm an order against which an
appeal is made, or to give directions in relation thereto, or to
order such further or other inquiry as to the Commission shall
seem fit.
(3) The Commission shall cause to be published in the
Gazette the rules made by it under paragraph (1) of this Article.
Administrative
Appeals
Tribunal
59. (1) There shall be an Administrative Appeals Tribunal
appointed by the Judicial Service Commission.
(2) The Administrative Appeals Tribunal shall have the
power to alter, vary or rescind any order or decision made by
the Commission.
powers and procedure of such
(3) The
Tribunal, including the time limits for the preferring of appeals,
shall be provided for by law.
Commission not to
exercise power
where there is
delegation
60. Upon delegation of any of its powers to a Committee
or a public officer appointed under Article 56 or Article 57 as
the case may be, the Commission shall not, while such
delegation is in force, exercise or perform its functions or duties
in regard to the categories of public officers in respect of which
such delegation is made, subject to the provisions contained in
paragraphs (1) and (2) of Article 58.
42 - Substituted by the Nineteenth Amendment to the Constitution Sec. 12 for "as are specified by the Cabinet of Ministers”.
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