25   Incapable officer may be retired

(1988 Act, s 36)

If:

(a)  an officer is found to be unfit to discharge or incapable of discharging the duties of the officer’s position, and

(b)  the officer’s unfitness or incapacity:

(i)  appears likely to be of a permanent nature, and

(ii)  has not arisen from actual misconduct on the part of the officer, or from causes within the officer’s control,

the appropriate Department Head may cause the officer to be retired.