Rule 45. Interdiction for the purpose of investigation. (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 VI - INTERDICTION AND SUSPENSION

Rule 45. Interdiction for the purpose of investigation.

(1) Notwithstanding anything in these rules and without prejudice to rule 44, the Disciplinary Committee may, for the purpose of facilitating investigations against an officer or servant who is alleged or is reasonably suspected of having committed any criminal offence under any written law or having committed a serious breach of discipline, interdict the officer or servant from the exercise of his duties for any period not exceeding one month.

(2) Before the Disciplinary Committee interdicts an officer or servant from the exercise of his duties under subrule (1), the following factors shall be taken into consideration:

(a) whether the allegations or the suspected breach of discipline is directly related to the officer's or servant's duties; or

(b) whether the presence of the officer or servant in the office would hamper investigation,

(3) Notwithstanding any provision to the contrary contained in these rules, an officer or servant who is interdicted under subrule (1) shall be entitled to receive his emoluments during the period of his interdiction.

(4) Where, during the period of interdiction under subrule (1)-

(a) proceedings are instituted against the officer or servant;, in any court on a criminal charge; or

(b) disciplinary action is taken against him with a view his dismissal or reduction in rank under these rules,

the interdiction order made under subrule (I) shall automatically cease from the date such criminal proceedings are instituted or disciplinary action is taken; and the Disciplinary Committee shall take such further action as it thinks fit under rule 44.