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(3)
The appropriate Commission shall not concur under subsection (1) or subsection (2)
in any action taken on the ground that any person who holds or has held the office of judge of
the High Court, judge of the Supreme Court, Attorney-General, Auditor-General or Director of
Public Prosecutions has been guilty of misbehaviour unless that person has been removed
from office by reason of that misbehaviour.
(4)
In this section “the appropriate Commission” means
(a)
in the case of benefits for which any person may be eligible in respect of the
service in the public service of a person who, immediately before that person
ceased to be a public officer, was subject to the disciplinary control of the
Judicial Service Commission or that have been granted in respect of such
service, the Judicial Service Commission; and
(b)
in any other case, the Civil Service Commission or any other Service
Commission or similar body.
(5)
In this section “pensions benefits” means any pensions, compensation, gratuities or
other like allowances for persons in respect of their services as public officers or for the
widows, children, dependants or personal representatives of such persons in respect of such
services.
Right of action for wrongful dismissal, etc
197.
(1)
Where a public officer is removed from office under any of the provisions of this
Constitution the removal of that person shall be without
prejudice to any right of action to
which that person may be entitled under any law for the time being in force for damages for
wrongful dismissal or loss of status.
(2)
The provisions of subsection (1) shall not apply and no damages shall be recoverable
where the public officer is offered appointment to another public office in respect of which the
emoluments are not less than the emoluments of the office from which that officer is removed.
(3)
The law relating to rights of action for damages for wrongful dismissal or loss of
status shall not be altered to the disadvantage of a public officer during the continuance in
office of that public officer.
(4)
This section does not apply to the holder of the office
(a)
of judge of the High Court, judge of the Supreme Court, Attorney-General,
Director of Public Prosecutions, or Auditor-General;
(b)
of member of a Service Commission, Commission or Board, established
under this Constitution;
(c)
to which section 188 applies;
who immediately prior to the appointment to that office (or where the person has held
more than one such office in succession, to those offices) was not a public officer.
CHAPTER XI
PUBLIC FINANCE
Consolidated Fund
198.
(1)
There shall be a Consolidated Fund into which, subject to the provisions of this
Constitution, shall be paid
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