Fiji police have confirmed that the acting commissioner Brigadier General Sitiveni Qiliho has not suspended his assistant, Henry Brown, but sent him on leave last week pending an investigation of what they describe as a serious in-house matter.
Police say the police chief used the powers under the constitution to move against Mr Brown, adding that the constitution is the supreme law that supercedes the Police Act.
The Police Act makes no provison for sending an officer on leave but gives the commissioner the power to suspend an officer.
Brigadier General Qiliho also says Mr Brown will resume official duties on the 19th of this month while what he calls an independent investigation continues.
Although police say Mr Brown is on leave, they have declined to say whether he will be paid.
Last week, Brigadier General Qiliho said he would apply for the commissioner's job, saying he believed he has the right set of skills for the job.
Mr Qiliho was put in charge of the police force in November when Ben Groenewald resigned as commissioner, citing interference by the military.