(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.

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