I am in receipt of your letter (undated) re Boards of Inquiry on suspended officers asking for my opinion as to whether it is permissible for an inquiry to be constituted other than provided in Public Service Act. As for instance a board where special technical knowledge could be represented and composed of members other than of the Public Service. If so to what extent or in what way could such be secured.

In my opinion the Board of Inquiry to deal with a charge against an officer cannot be constituted otherwise than in accordance with the provisions of section 46 of the Public Service Act.

That section requires one member of the Board to be the representative of the Division to which the charged officer belongs; but there is nothing in the Act to limit the selection of the other two members, who need not be officers of the Public Service.

In the case of a charge against an officer of the Administrative Division under section 47 of the Act it is not necessary for any of the three members of the Board to be officers of the Public Service.

[Vol. 14, p. 310]