Section 27
of Sabah Economic Development Corporation Conduct And Discipline Rules 1992
Section 27
(1)
Where criminal proceedings are instituted against an employee, the Head of
Division concerned shall obtain from the Registrar or the Senior Assistant Registrar of the
Court in which the said proceedings are instituted, a report containing the following information:
(a)
at the commencement of the said proceedings –
(i)
the charge or charges against the employee;
(ii)
if arrested, the date and time when the employee was arrested;
(iii)
whether or not he is on bail;
(iv)
other relevant information; and
(b)
at the conclusion of the said proceedings, the judgment of the court.
(2)
Upon receipt of the report, the Head of Division shall forward it to the
Disciplinary Authority together with his recommendation as to whether or not the employee should be interdicted from duty.
(3)
Upon consideration of the said report and the recommendation of the Head of
Division, the Disciplinary Authority may, subject to rule 30 interdict the employee from the exercise of his duty.
(4)
Where criminal proceedings against the employee result in his conviction, the
Disciplinary Authority shall suspend the employee from the exercise of his duties from the date of his conviction pending its decision under rule 33.
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(5)
Where criminal proceedings against the employee result in his acquittal and no appeal is lodged against the said acquittal by or on behalf of the Public Prosecutor, the employee shall be allowed to resume duty and he shall be allowed to receive the unpaid portion of his emoluments withheld from him whilst under interdiction. But where an appeal is lodged against the said acquittal, the Disciplinary Authority shall decide whether or not the employee should continue to remain under interdiction until the said appeal is finally disposed of.
In this rule, the term "acquittal" includes a discharge not amounting to acquittal.
No disciplinary proceedings during the pendency of criminal proceedings.