Rule 32. Procedure where criminal proceedings are instituted. (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
Procedure In Cases Where Officer Or Servant Is Charged In The Criminal Court Or Imposed With An Order Of Detention, Banishment, Etc.

Rule 32. Procedure where criminal proceedings are instituted.

(1) An officer or servant shall forthwith inform his Head of Department if any criminal proceedings are instituted against him in any court.

(2) Where criminal proceedings are instituted against an officer or servant, the Head of Department shall obtain a report from the Registrar or Senior Assistant Registrar of the court in which the proceedings are instituted-

(a) at the commencement of the proceedings, a report containing the following information:

(i) the charge or charges against the officer or servant;

(ii) if the officer or servant was arrested, the date and time of his arrest;

(iii) whether or not the officer or servant is on bail; and

(iv) such other information as is relevant; and

(b) at the end of the proceedings, the decision of the court and any information relating to appeals if any filed by either party.

(3) Where the Head of Department knows that criminal proceedings have been instituted in any court against an officer or servant serving under him, he shall obtain a report containing the information referred to in paragraph 2 (a) from the Registrar or Senior Assistant Registrar of the court and shall forward it to the Disciplinary Committee together with his recommendation as to whether or not the officer or servant should be interdicted from duty.

(4) Upon consideration of the said report and the recommendation of the Head of Department, the Disciplinary Committee may take action to interdict the officer or servant in accordance with rule 44.

(5) Where criminal proceedings against an officer or servant result in his conviction, the Disciplinary Committee shall, whether or not the officer or servant appeals against the conviction, suspend such officer or servant from exercising his duties with effect from the date of his conviction, in accordance with rule 46, pending the decision of the Disciplinary Committee under rule 37.

(6) Where an officer or servant is successful in his appeal against his conviction and is acquitted by the court, he shall be permitted to resume his duties and he shall allowed to receive any of his emoluments which had not been paid during his interdiction and suspension.

(7) Where criminal proceedings against the officer or servant result in his acquittal and there is no appeal against the said acquittal, the officer or servant shall be allowed to resume his duties and he shall be allowed to receive any of his emoluments which had not been paid during his interdiction. Where an appeal is lodged against such acquitted the Disciplinary Committee shall decide whether or not the officer or servant should continue to be interdicted until the appeal is determined.

(8) In this rule, the word "acquittal" includes a discharge not amounting to an acquittal.