Rule 28. Procedure in disciplinary cases with a view to dismissal or reduction in rank. (THE COUNCIL OF RELIGION OF ISLAM AND MALAY CUSTOM, KELANTAN (CONDUCT AND DISCIPLINE) RULES 1999

Kn. P.U. 6/1999
THE COUNCIL OF RELIGION OF ISLAM AND MALAY CUSTOM, KELANTAN (CONDUCT AND DISCIPLINE) RULES 1999

PART IV - DISCIPLINARY PROCEDURE
General Procedure

Rule 28. Procedure in disciplinary cases with a view to dismissal or reduction in rank.

(1) Where the Chairman of the Disciplinary Committee finds that the breach of discipline complained of is of nature which merits a punishment of dismissal or reduction in rank, the Disciplinary Committee shall consider all the available information and, where it appears that there is a prima facie case against the officer or servant for dismissal or reduction in rank, shall direct that a statement containing the facts of the breach of discipline alleged to have been committed and any proposed ground on which the officer or servant is to be dismissed or reduced in rank be sent to him and shall call upon him to make a written representation, containing grounds upon which relies to exculpate himself, within a period of not less than twenty-one days from the date of receipt of the charge.

(2) Where, after considering the representation made pursuant to subrule (1), the Disciplinary Committee is of the opinion that the breach of discipline or misconduct by the officer or servant does not merit the punishment of dismissal or reduction in rank, the Disciplinary Committee may impose on the officer or servant such lesser punishment as it deems fit and proper.

(3) If the officer or servant does not furnish any representation within the period specified in subrule (1), or if the officer or servant furnishes a representation which does not exculpate himself to the satisfaction of the Disciplinary Committee, the Committee shall then proceed to consider and decide on the dismissal or reduction in rank of the officer or servant.

(4) Where the Disciplinary Committee is of the opinion that the case against the officer or servant requires further clarification, it may appoint a Committee of Investigation comprising two members of the Majlis or not less than two officers or servants of the Majlis who are senior to the officer or servant under investigation.

(5) The Head of Department of the officer or servant under investigation shall not be a member of the Committee appointed under subrule (4).

(6) The Committee of Investigation appointed under subrule (4)-

(a)shall inform the officer or servant of the date when the question of his dismissal or reduction in rank will be brought before the Committee of Investigation and, if the Committee of Investigation if of the view that the officer or servant be allowed to appear, that he shall present himself before the Committee to exculpate himself; and

(b) may call and examine witnesses or take any such action as it thinks necessary and proper for obtaining further clarification regarding the case.

(7) If witnesses are called and examined by the Committee of Investigation, the officer or servant shall be given an opportunity to be present and to question the witnesses on his own behalf and no documentary evidence shall be used against him unless he has previously been supplied with a copy thereof or given access thereto.

(8) The Committee of Investigation may permit the Majlis or the officer or servant to be represented by an officer or servant in the service of the Majlis or, in exceptional cases, by an advocate and solicitor and, subject to any reasonable and necessary adjournment to enable the officer or servant to present his case in person, the Committee of Investigation may withdraw such permission at any time:

Provided that where the Committee of Investigation permits the Majlis to be represented, it shall also permit the officer or servant to be similarly represented.

(9) If, in the course of carrying out the investigation, further grounds for dismissal or reduction in rank of the officer or servant are disclosed, the Committee of Investigation shall inform the said grounds to the Disciplinary Committee, and if the Disciplinary Committee thinks fit to proceed against the officer or servant on such grounds, the officer or servant shall be given a written statement of the said grounds and the procedure set out in subrules (1), (2) and (3) shall be followed.

(10) Where an officer or servant required to appear before a Committee of Investigation on the date and time appointed for the hearing fails to appear, and if no sufficient ground is shown for an adjournment, the Committee of Investigation may proceed to consider and decide on the complaint or it may adjourn the hearing to a future date.

(11) Upon completion of its investigation, the Committee of Investigation shall make a report to the Disciplinary Committee. If the Disciplinary Committee is of the opinion that the report is not clear in any particular respect or that further investigation is required the matter may be referred back to the Committee of Investigation to carry out further investigation and to make further report.

(12) If, after considering the representation under subrule (1) and, where a Committee of Investigation is appointed, the report of such Committee, the Disciplinary Committee finds-

(a) that the officer or servant is guilty of misconduct and should be dismissed or reduced in rank. the Disciplinary Committee shall forthwith impose the appropriate punishment;

(b) that the officer or servant is guilty of misconduct but such misconduct does not merit dismissal or reduction in rank but merits a lesser punishment, the Disciplinary Committee shall impose on the officer or servant such lesser punishment as it deems fit and proper; or (c) that the officer or servant is not guilty of misconduct, the Disciplinary Committee shall acquit him.