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 32. Procedure where there is an order of detention, banishment, etc.
(1) Where—
(a) an order of detention other than an order of remand pending trial or for purposes of investigation;
(b) an order of supervision, restricted residence, banishment or deportation; or
(c) an order which imposes any form of restriction or supervision, whether with bond or otherwise,
has been made against an officer under any law relating to the security of Malaysia or any part of Malaysia, the prevention of crime, preventive detention, restricted residence, banishment, immigration, or the protection of women and girls or of children, the officer’s Head of Department shall apply for a copy of the order from the appropriate authority.
(2) Upon receipt of a copy of the order 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 Records 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 degree of disrepute which the officer 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 grounds on which the order was made against the officer do not warrant a punishment of dismissal or reduction in rank but warrant 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.