Pg. P.U. 12/2001 MAJLIS AGAMA ISLAM NEGERI PULAU PINANG OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 2001
PART IV - OFFICERS SUBJECT TO CRIMINAL PROCEEDINGS, ETC.
Regulation 29. Responsibility of Head of Department if officer is convicted of criminal offence.
(1) Where criminal proceedings against an officer result in his conviction and he does not appeal against such conviction, or where his appeal against the conviction has been dismissed or where the Public Prosecutor’s appeal against his acquittal results in his conviction, his Head of Department shall immediately obtain a copy of the court’s decision from the Registrar, Deputy Registrar or Senior Assistant Registrar of the court by which he was convicted or his appeal is dismissed.
(2) Upon receipt of the decision referred to in subregulation (1), the Head of Department shall forward it to the appropriate Disciplinary Committee having the jurisdiction to impose a punishment of dismissal or reduction in rank together with the officer’s Record of Service and the recommendation of the Head of Department that—
(a) the officer should be dismissed or reduced in rank;
(b) the officer should be punished with any punishment other than dismissal or reduction in rank;
(c) the service of the officer should be terminated in the public interest; or
(d) no punishment should be imposed, depending on the nature and seriousness of the offence committed in relation to the degree of disrepute which the conviction has brought to the Majlis.
(3) If, after considering the report, the Record of Service and the Head of Department’s recommendation forwarded to it under subregulation (2), the appropriate Disciplinary Committee is of the opinion that—
(a) the officer should be dismissed or reduced in rank, the Disciplinary Committee shall impose the punishment of dismissal or reduction in rank, as it deems appropriate;
(b) the offence of which the officer was convicted does not warrant a punishment of dismissal or reduction in rank but warrants the imposition of a lesser punishment, the Disciplinary Committee shall impose upon the officer any one or more of the punishments other than dismissal or reduction in rank as specified in regulation 41 as it deems appropriate; or
(c) no punishment should be imposed on the officer, the Disciplinary Committee shall acquit him.
(4) Where a punishment other than dismissal has been imposed on an officer or where no punishment has been imposed on him, the appropriate Disciplinary Committee shall direct the officer to resume his duties.