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 28. Procedure where criminal proceedings are instituted against an officer.
(1) An officer shall immediately inform his Head of Department if any criminal proceedings are instituted against him in any court.
(2) Where it comes to the knowledge of the Head of Department of an officer from any source that criminal proceedings have been instituted in any court against the officer, the Head of Department shall obtain from the Registrar, Deputy Registrar or Senior Assistant Registrar of the court in which the proceedings were instituted a report containing the following information:
(a) the charge or charges against the officer;
(b) if the officer was arrested, the date and time of his arrest;
(c) whether or not the officer is on bail; and
(d) such other information as is relevant.
(3) Upon receipt of the report referred to in subregulation (2), the Head of Department shall forward the report to the appropriate Disciplinary Committee together with his recommendation as to whether or not the officer should be interdicted from duty.
(4) Upon consideration of the report and the Head of Department’s recommendation forwarded to it under subregulation (3), the appropriate Disciplinary Committee may, if it deems fit, interdict the officer from the exercise of his duties.
(5) Upon the completion of the criminal proceedings against the officer, his Head of Department shall obtain from the Registrar, Deputy Registrar or Senior Assistant Registrar of the court before whom the case was disposed of and forward to the appropriate Disciplinary Committee—
(a) the decision of that court; and
(b) information relating to appeals, if any, filed by that officer or the Public Prosecutor.
(6) Where criminal proceedings against an officer result in his conviction, the appropriate Disciplinary Committee having the jurisdiction to impose a punishment of dismissal or reduction in rank shall, whether or not the officer appeals against the conviction, suspend the officer from the exercise of his duties with effect from the date of his conviction pending the decision of the Disciplinary Committee under regulation 29.
(7) Where criminal proceedings against an officer result in his acquittal and there is no appeal by or on behalf of the Public Prosecutor against such acquittal, the officer shall be allowed to resume his duties and he shall be entitled to receive any emoluments which had not been paid during the period of his interdiction as well as the annual leave to which he was entitled during the period of his interdiction.
(8) Where the criminal proceedings against the officer result in his acquittal and an appeal is lodged by the Public Prosecutor, the appropriate Disciplinary Committee having the jurisdiction to impose a punishment of dismissal or reduction in rank shall decide whether or not the officer should continue to be interdicted until the appeal is determined.
(9) Where criminal proceedings against an officer result in his acquittal but on appeal the officer is acquitted, the officer shall be allowed to resume his duties and he shall be entitled to receive any emoluments which had not been paid during the period of his interdiction or suspension or both as well as to any annual leave to which he was entitled during the period of his interdiction or suspension or both.
(10) Where criminal proceedings against an officer result in his acquittal but on appeal the officer is convicted, the appropriate Disciplinary Committee having the jurisdiction to impose a punishment of dismissal or reduction in rank shall suspend the officer from the exercise of his duties with effect from the date of his conviction pending the decision of the Disciplinary Committee under regulation 29.
(11) For the purpose of this regulation, the word “acquittal” includes a discharge not amounting to an acquittal.