Pg. P.U. 12/2001 MAJLIS AGAMA ISLAM NEGERI PULAU PINANG OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 2001
PART V - DISCIPLINARY PROCEDURES CHAPTER 3 — DISCIPLINARY PROCEEDING WITH A VIEW TO DISMISSAL OR REDUCTION IN RANK
Regulation 38. Procedure to be followed by the Investigation Committee.
(1) The Investigation Committee —
(a) shall inform the officer under investigation of the date when the question of his dismissal or reduction in rank will be brought before the Investigation Committee; and
(b) may call and examine any witness or take any action as it thinks necessary and proper for obtaining further clarification regarding the case.
(2) If the Investigation Committee is of the view that the officer should be allowed to be present before the Investigation Committee to exculpate himself, the officer shall present himself before the Committee for such purpose.
(3) If witness are called and examined by the Investigation Committee, the officer shall be given an opportunity to be present and to cross-examine the witnesses on his own behalf.
(4) No documentary evidence shall be used against an officer unless the officer has previously been supplied with a copy of the evidence or given access to the evidence.
(5) The Investigation Committee may permit the Majlis or the officer to be represented by an officer of the Majlis or, in exceptional cases, by an advocate and solicitor, but the Investigation Committee may withdraw such permission subject to any reasonable and necessary adjournment to enable the officer to present his case in person.
(6) If the Investigation Committee permits the Majlis to be represented, it shall also permit the officer under investigation to be similarly
represented.
(7) If the officer under investigation who is required to appear before the Investigation Committee fails to appear on the date and at the time appointed and if no sufficient ground is shown for an adjournment, the Investigation Committee may proceed to consider and decide on the complaint or may adjourn the proceeding to another date.
(8) Upon the completion of its investigation, the Investigation Committee shall submit a report on such investigation to the appropriate Disciplinary Committee.
(9) If the appropriate Disciplinary Committee is of the opinion that the report submitted to it under subregulation (8) is vague in particular matters or that further investigation is required, the appropriate Disciplinary Committee may refer the matter back to the Investigation Committee for further investigation.