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appointments) and, subject to the provisions of sections 207 and 208
of this Constitution, the power to remove the Superintendent or
Assistant Superintendent from office shall vest in the President,
acting in accordance with the advice of the Police and Prison
Services Commission:
Provided that, before the Commission tenders
advice to the President with respect to the appointment of any
person to hold the office of Superintendent of Prisons or Assistant
Superintendent of Prisons, the Commission shall consult with the
Prime Minister and if the Prime Minister signifies his objection to
the appointment of any person to any of those offices, the Commission
shall not advise the President to appoint that person.
(2) The power to appoint persons to hold or act in
offices in the Prison Service below the rank of Assistant
Superintendent of Prisons but above the rank of Prison Officer
(including the power to make appointments on promotion and
transfer and to confirm appointments) and, subject to the provisions
of sections 207 and 208 of this Constitution, the power to exercise
disciplinary control over persons holding or acting in such offices
and the power to remove such persons from office, shall vest in the
Police and Prison Services Commission.
(3) The power to appoint persons to hold or act in
offices in the Prison Service in the rank of Prison Officer
(including the power to make appointments on promotion and
transfer and to confirm appointments) and, subject to the
provisions of sections 207 and 208 of this Constitution, the power
to exercise disciplinary control over persons holding or acting in
such offices, and the power to remove such persons from office,
shall vest in the Superintendent of Prisons.
(4) A prison officer shall not be removed from
office or subjected to any other punishment under this section on
the grounds of any act done or omitted by him in the exercise of any
judicial function conferred on him unless the Judicial and Legal
Services Commission concurs therein.
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