Malaysia legislation
Section 27
of Statutory Bodies (Conduct and Discipline) Ordinance, 2004
Section 27
(2)
Where it comes to the knowledge of the Head of Department of an officer from any source that criminal proceedings have been instituted in any court against the officer, the Head of Department shall obtain from the Registrar, Deputy
Registrar or Senior Assistant Registrar of the court in which the proceedings were instituted a report containing the following information:
(a)
the charge or charges against the officer;
(b)
if the officer was arrested, the date and time of his arrest;
(c)
whether or not the officer is on bail; and
(d)
such other information as is relevant.
(3)
Upon receipt of the report referred to in subregulation (2), the General
Manager shall forward the report to the appropriate Disciplinary Committee together with his recommendation as to whether or not the officer should be interdicted from duty.
(4)
Upon consideration of the report and the General Manager’s recommendation forwarded to it under subregulation (3), the appropriate
Disciplinary Committee may, if it deems fit, interdict the officer from the exercise of his duties.
(5)
Upon the completion of the criminal proceedings against the officer, the
General Manager shall obtain from the Registrar, Deputy Registrar or Senior
Assistant Registrar of the court before whom the case was disposed of and forward to the appropriate Disciplinary Committee—
(a)
the decision of that court; and
(b)
information relating to appeals, if any, filed by that officer or the
Public Prosecutor.
(6)
Where criminal proceedings against an officer result in his conviction, the appropriate Disciplinary Committee having the jurisdiction to impose a punishment of dismissal or reduction in rank shall, whether or not the officer appeals against the conviction, suspend the officer from the exercise of his duties with effect from the date of his conviction pending the decision of the Disciplinary Committee under regulation 28.
(7)
Where 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 to which he was entitled during the period of his interdiction.
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(8)
Where the criminal proceedings against the officer result in his acquittal and an appeal is lodged by the Public Prosecutor, the appropriate Disciplinary
Committee having the jurisdiction to impose a punishment of dismissal or reduction in rank shall decide whether or not the officer should continue to be interdicted until the appeal is determined.
(9)
Where criminal proceedings against an officer result in his conviction but on appeal the officer is acquitted, 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 or suspension or both as well as to any annual leave to which he was entitled during the period of his interdiction or suspension or both.
(10)
Where criminal proceedings against an officer result in his acquittal but on appeal the officer is convicted, the appropriate Disciplinary Committee having the jurisdiction to impose a punishment of dismissal or reduction in rank shall suspend the officer from the exercise of his duties with effect from the date of his conviction pending the decision of the Disciplinary Committee under regulation 28.
(11)
For the purpose of this regulation, the word “acquittal” includes a discharge not amounting to an acquittal.
Responsibility of General Manager if officer is convicted of criminal offence