Malaysia legislation
Section 31
Section 31
(a)
an order of detention other than an order of remand pending trial or for purposes of investigation;
(b)
an order of supervision, restricted residence, banishment or deportation; or
(c)
an order which imposes any form of restriction or supervision, whether with bond or otherwise, has been made against an officer under any law relating to the security of Malaysia or any part of Malaysia, the prevention of crime, preventive detention, restricted residence, banishment, immigration, or the protection of women and girls or of children, the officer’s Head of Department shall apply for a copy of the order from the appropriate authority.
(2)
Upon receipt of a copy of the order referred to in subregulation (1), the
Head of Department shall forward it to the appropriate Disciplinary Committee having the jurisdiction to impose a punishment of dismissal or reduction in rank together with the officer’s Records of Service and the recommendation of the Head of Department that—
(a)
the officer should be dismissed or reduced in rank;
(b)
the officer should be punished with any punishment other than dismissal or reduction in rank;
(c)
the service of the officer should be terminated in the public interest; or
(d)
no punishment should be imposed, depending on the degree of disrepute which the officer has brought to the statutory body.
(3)
If, after considering the report, the Records of Service and the Head of
Department’s recommendation forwarded to it under subregulation (2), the appropriate Disciplinary Committee is of the opinion that—
(a)
the officer should be dismissed or reduced in rank, the Disciplinary
Committee shall impose the punishment of dismissal or reduction in rank, as it deems appropriate;
36 Laws of Malaysia ACT 605
(b)
the grounds on which the order was made against the officer do not warrant a punishment of dismissal or reduction in rank but warrant the imposition of a lesser punishment, the Disciplinary Committee shall impose upon the officer any one or more of the punishments other than dismissal or reduction in rank as specified in regulation 40 as it deems fit and proper; or
(c)
no punishment should be imposed on the officer, the Disciplinary
Committee shall acquit him.
(4)
Where a punishment other than dismissal has been imposed on an officer or where no punishment has been imposed on him, the appropriate Disciplinary
Committee shall direct the officer to resume his duties.