Series 2 – Disciplinary Authority
- Introduction
Any disciplinary action exercised against any officers who have committed a disciplinary breach shall be executed by a Disciplinary Authority or Disciplinary Board as stipulated in the Regulations provided. - Federal Constitution Provision
Article 144(1) of the Federal Constitution, states that disciplinary control is one of the Public Services Commission function. However, Article 144(5B) of the same states that pursuant to the powers conferred by the Constitution on the Yang di Pertuan Agong, a law was made by the Yang di Pertuan Agong establishing the various Disciplinary Boards at the Ministries and Departments level to assist the Public Services Commission in exercising its power and duties in relation to disciplinary control. - Formation of Disciplinary Boards
The formation and membership for Disciplinary Boards in Ministries and Departments within the General Public Service of the Federal Constitution, are as provided in Regulation 2, Public Services Disciplinary Boards Regulations 1993 [P.A U.(A) 396] and schedule of the same provision. Subject to the group of service and place of duty of the officer who is facing the disciplinary actions, the jurisdiction and type of Disciplinary Board are as follows:- Public Services Commission;
- Managerial Group Disciplinary Board (No. 1);
- Managerial Group Disciplinary Board (No. 2);
- Disciplinary Board for the Support Group (No.1);
- Disciplinary Board for the Support Group (No.2); and
- Disciplinary Board for staff of Missions Abroad.
- Public Services Commission
The Public Services Commission as the Disciplinary Authority has the power to impose punishment of dismissal or reduction in rank of all officers in the Top Management Group and the Managerial and Professional Group.
The Public Services Commission is also the Disciplinary Appeal Board for all groups of officers. However, the right of appeal does not apply in cases of dismissal or reduction in rank in which the Public Services Commission has acted as the Disciplinary Authority. - Managerial Group Disciplinary Board (No. 1)
This disciplinary board comprises of the Chief of Secretary General as the Chairman and the Director General of Public Service as well as an officer appointed by the Prime Minister as members of the Board.
This disciplinary board has the jurisdiction over disciplinary actions meriting punishment lesser than dismissal or reduction in rank for all officers in the Top Management Group and officers in the Managerial and Professional Group above Grade 48 or its equivalent. - Managerial Group Disciplinary Board (No.2)
This disciplinary board comprises of the Chief Secretary to the Government/Director General/Secretary of State as the Chairman and the Deputy Secretary to the Government/Deputy Director General/ Deputy Secretary of State as well as an officer who holds the position of no less than Grade 48 or its equivalent appointed by the Secretary General or the Secretary of State as members.
This disciplinary board has the jurisdiction over disciplinary actions meriting punishment lesser than dismissal or reduction in rank for officers in the Managerial and Professional Group Grade 41 or its equivalent in the relevant Ministries/ Departments/State Administration. - Disciplinary Board for the Support Group (No.1)
This disciplinary board comprises of the Secretary of the Government/Director General/Secretary of State as the Chairman and the Deputy Secretary of the Government/Deputy Director General/ Deputy Secretary of State as well as a Legal Advisor or a representative from the Attorney General’s Chambers as members.
This disciplinary board has jurisdiction over disciplinary actions punishable with a view to dismissal or reduction in rank for the Support Group in the relevant Ministry/Department/State. - Disciplinary Board for the Support Group (No.2)
This disciplinary board comprises of the Deputy Secretary of State/Head of Department or Head of the Local Division/ Deputy Secretary of State as Chairman and Head of Department/Deputy Head of Division or Deputy Head of Local Division/Principal Assistant Secretary as well as an officer appointed by the Chief of Secretary General or Secretary of State from the Managerial and Professional Group as members.
This disciplinary board has jurisdiction over disciplinary actions punishable not with a view to dismissal or reduction in rank. - Quorum and replacement of members of the Disciplinary Board
Regulation 2(4), Public Services Disciplinary Boards Regulations 1993 [P.A U.(A) 396], states that the quorum for a Disciplinary Board meeting must consist of the Chairman and one other member.
Regulation 2(3), of the same regulation states that the Chief Secretary to the Government may, for reasons to be recorded by him in writing, nominate any officer of a rank higher than that of the officer who is subject to disciplinary action to substitute any member of the Disciplinary Board.
In the event the Chairman or a member of the Board, who is the complainant in any disciplinary proceedings against an officer is disqualified to sit as a member of the Board.
Officers acting on a particular position may be appointed as Chairman or member of the Disciplinary Board. However, in the case of officers who are acting on behalf of a position that requires him to be the Chairman or member of the Disciplinary Board will be required to have the Chief Secretary to the Governments approval.
Regulations pertaining to the replacement of members of the Disciplinary Board must be executed based on the Service Circular No.7 of 1995.