Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p68
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 173173–175842

that the Secretary shall not confirm a specified provisional promotion, or a provisional promotion included in a specified class of provisional promotions, unless the Board has approved the confirmation of the promotion; and
     (c) cancel a provisional promotion at any time before the promotion has been confirmed, whether or not an appeal has, or appeals have, been made against the promotion or, if an appeal has, or appeals have, been made, whether or not the appeal or each appeal has been determined or has become inoperative.
"(7) Where notice under sub-section (3) is given to an officer and the officer—
     (a) does not institute an appeal against the giving of the notice before the expiration of the period within which the officer may appeal against the giving of the notice; or
     (b) institutes such an appeal but withdraws it before the expiration of that period,
the following provisions have effect:
     (c) in the case of a notice to which paragraph (3) (a) applies—the officer shall, on the day specified in the notice, be deemed to be transferred to the office specified in the notice;
     (d) in the case of a notice to which paragraph (3) (b) applies—the officer shall, on the day specified in the notice, be deemed to be retired from the Service.
"(8) Where notice under sub-section (3) is given to an officer and the officer, within the period referred to in paragraph (7) (a), institutes an appeal against the giving of the notice and does not withdraw the appeal before the expiration of that period, the following provisions have effect:
     (a) where the appeal is heard and determined and the notice is revoked—the notice ceases to have effect;
     (b) where the notice is one to which paragraph (3) (a) applies and—
        (i) the appeal is heard and determined and the giving of the notice is confirmed; or

        (ii) the appeal is withdrawn after the expiration of that period, the officer shall be deemed to be transferred to the office specified in the notice on—
        (iii) the day on which the appeal is determined or the appeal is withdrawn, as the case may be; or
        (iv) the day specified in the notice,
    whichever is the later;
     (c) where the notice is one to which paragraph (3) (b) applies and—
        (i) the appeal is heard and determined and the giving of the notice is confirmed; or
        (ii) the appeal is withdrawn after the expiration of that period, the officer shall be deemed to be retired from the Service on—
        (iii) the day on which the appeal is determined or the appeal is withdrawn, as the case may be; or
        (iv) the day specified in the notice,
    whichever is the