Series 5 – Disciplinary procedures in relation to officers convicted of criminal offence

• Introduction
  Disciplinary action procedure arising from an officer’s conviction of a criminal offence shall be subjected to the provisions provided in Regulations 28, 29 and 33, Public Officers (Conduct and Discipline) Regulations 1993.
• Interpretation of the terms ‘Convicted’ or ‘Conviction’, ‘Criminal offence’ and ‘Court’ [Regulation 3]
  1. ‘Convicted’ or ‘Conviction’ in relation to an officer, means a finding by court, under any written law that such officer is guilty of a criminal offence.
  2. ‘Criminal offence’ means any offence involving fraud or dishonesty or moral turpitude.
  3. ‘Court’ means a court, including a Syariah Court.
• Procedure where criminal proceedings are instituted against an officer
  Where criminal proceedings are instituted against an officer, the Registrar or Senior Assistant Registrar of the court in which the proceedings are instituted shall send to the Head of Department under whom the officer is serving/ the Head of Department shall obtain a report containing information and copies of documents pertaining to the proceeding. The Head of Department shall then forward the report to the appropriate Disciplinary Authority that has the power to impose a punishment of dismissal or reduction in rank together with his recommendation as to whether or not the officer should be interdicted from duty.
  
  Upon consideration of the report, the appropriate Disciplinary Authority may, if it deems fit, interdict the officer from the exercise of his duties pursuant to Regulation 44(1)(a), Public Officers (Conduct and Discipline) Regulations 1993.
  
  Upon completion of the criminal proceedings against the officer, the appropriate Disciplinary Authority shall proceed to suspend the officer from the exercise of his duties as stated in Regulation 45(1)(a), with effect from the date of the officers conviction pending the decision of the Disciplinary Authority pertaining to the conviction. During which throughout the whole suspension period, the officer will not be entitled to any part of the emoluments.
  
  However, where the criminal proceedings against an officer result in his acquittal, and there is no appeal by or on behalf of the Public Prosecutor against such acquittal, the officer shall be allowed to resume his duties and he shall be entitled to receive any emoluments which had not been paid during the period of his interdiction, as well as the annual leave and other entitlements to which he was entitled to during the period of his interdiction.
   
• Disciplinary Action
  In accordance to Regulation 29, where criminal proceedings made against an officer result in his conviction, and the officer does not appeal against such conviction, the Head of Department shall immediately obtain a copy of the court’s decision together with the officer’s records of service and the recommendation of the Head of Department and forward it to the appropriate Disciplinary Authority. The recommendation of the Head of Department should state details pertaining to the type of action/decision that should be imposed on the officers depending on the nature and seriousness of the offence committed in relation to the degree of disrepute which the conviction has brought to the public service.
  
  In accordance to Regulation 33(1), the appropriate Disciplinary Authority must consider the report, records of service and the Head of Department’s recommendation provided prior to deciding the appropriate decision that should be imposed on the officer.
  
  Regulation 45A states that where disciplinary proceedings against an officer result in the officer to be dismissed, the officer shall not be entitled to any part of the emoluments which has not been paid to him during the period of his interdiction or suspension. On the other hand, where disciplinary proceedings against an officer result in a punishment other than dismissal being imposed on the officer, the officer shall be entitled to receive any part of his emoluments which has not been paid to him during the period of his interdiction or suspension.
• Exception to the ‘right to be heard’
  For the purpose of taking a disciplinary action against an officer who has been convicted of a crime, there will be no requirement for a charge to be served against the officer nor will ‘the right to be heard’ be applicable. This is due to the fact that any disciplinary action taken in this circumstance does not involve the act of determining the type of violation/breach, and whether there exists a prima facie case as how the usual disciplinary action would be.
• Disciplinary Decision
  Disciplinary results/ decisions must be notified to the officer and accordingly executed although there may be an appeal made against the result/decision. The grounds of which the officer has been found guilty of the charge must be stated in the notice. The option of an appeal by the officer must also be informed in the same notice. Should the aggrieved officer decide to exercise such option, it may do so by making an appeal to the Disciplinary Appeal Board within 14 days of receipt of the decision.
• Disciplinary Record
  All records and documents pertaining to the disciplinary action must be preserved accordingly. The details and particulars of the decision(s) made by the Disciplinary Board and the Disciplinary Appeal Board and punishments imposed as directed by such decision(s) must be recorded in the officer’s records of service.