(b)
In this Constitution(a)
power to appoint any person to hold or act in
any office in the public service shall include
the power to confirm appointments, to
exercise disciplinary control over and to
remove persons holding or acting in such
offices and to re-appoint or reinstate any
person appointed in exercise of the power in
question unless such power is expressly or
by necessary implication vested in some
other person or authority:
(b)
power to remove an officer in the public
service shall include power to require such
officer to retire from the Public Service
provided that nothing in this paragraph shall
be construed as conferring on any person or
authority the power to require a judge of a
superior court, the Director of Public
Prosecutions, the Auditor General or the
Ombudsman or a deputy Ombudsman to
retire from the Public service:
Appointment to and 167
Removal from offices in the
Public Service
(c)
Head of civil service 168
Assembly, Secretary of state or a member of
the National Assembly:
the offices of a member of any commission
(other than a commission the members of
which are hereby or by an Act of the
National Assembly declared to hold an
office in the Public Service), or a member of
the Advisory Committee on the exercise of
the prerogative of mercy or the Advisory
Committee on the conferment of honours.
any provision which vests in any person or
authority power to remove a person from
any public office shall be without prejudice
to the power of any person or authority to
abolish any office or to any law, for the
compulsory retirement of public officers.
(1)
The President, acting in accordance with the advice
of the Public Service commission, shall appoint a
person holding an office in the public Service on
permanent terms to be the Head of the Civil
Service. The Head of the Civil Service shall be the
competent authority for the Civil Service.
(2)
The Head of the civil Service shall not hold any
other office of profit or emolument in the service of
The Gambia.