Series 4 – The usual Disciplinary Action: Cases in relation to officers who are absent without leave or unsatisfactory work performance

• Introduction
  Disciplinary action procedures in relation to cases involving absence without leave for a specified time and unsatisfactory work performance are provided in Regulations 35, 36 and 37, Public Officers (Conduct and Discipline) Regulations 1993.
• Disciplinary Violation Report
  Pursuant to Regulation 3C, Public Officers (Conduct and Discipline) Regulations 1993, it is the duty of every officer, particularly the Head of Department to exercise disciplinary control and supervision over his subordinates and to take appropriate action as soon as possible for any breach of the provisions of these Regulations.
  
  The Head of Department is responsible in providing a report of any disciplinary violation to the relevant Disciplinary Authority. In general, the report should consist of the following documents:Mengikut Peraturan 3C,Peraturan-peraturan Pegawai Awam (Kelakuan dan Tatatertib) 1993, tiap-tiap pegawai khususnya Ketua Jabatan adalah bertanggungjawab untuk menjalankan kawalan dan pengawasan tatatertib ke atas pegawai bawahannya dan mengambil tindakan yang sesuai dengan seberapa segera yang mungkin bagi apa-apa kesalahan atau pelanggaran tatatertib yang dilakukan. Ketua Jabatan adalah bertanggungjawab mengemukakan laporan mengenai sesuatu pelanggaran tatatertib tersebut kepada PBT yang berkenaan. Secara umumnya laporan tersebut hendaklah mengandungi perkara-perkara berikut:
  1. information pertaining to the officer and his job position;
  2. an updated service statement;
  3. information on the alleged violation. Particularly the fact, date, time or duration of the violation;
  4. Statement in relation to the wrongdoing citing the relevant provisions or orders breached;
  5. Supporting evidence/record, investigation report, witness statements and other;
  6. Any other administrative action taken against the officer.
• Determination of types of Breach/ Violation [Regulation 35]
  Upon receipt of a report on a breach of code of conduct, the lower Chairman of the Disciplinary Authority (having the jurisdiction to impose a punishment other than dismissal or reduction in rank) must consider and determine whether the disciplinary offence complained of warrants a punishment of:
  1. Dismissal or reduction in rank (Regulation 37); or
  2. A punishment lesser than dismissal or reduction in rank (Regulation 36)
  The type of breach/ violation decided by the Disciplinary Authority Chairman will determine the type of Disciplinary Action that will be taken against the officer.
• Disciplinary cases not with a view to dismissal or reduction in rank procedure [ Regulation 36]
  In accordance to Regulation 36(1), if the Chairman of the disciplinary proceeding determines that the disciplinary offence complained of against an officer is of a nature that warrants a punishment lesser than dismissal or reduction in rank and is satisfied that there exists a disciplinary offence, shall inform the officer by notice the facts of the disciplinary offence alleged to have been committed by the officer and shall give to the officer an opportunity to make a written representation within a period of 21 days from the date he was informed of the facts.
  
  The Disciplinary Board shall forthwith determine if the officer is guilty of the offence and impose on the officer any one or more of the punishment other than dismissal or reduction in rank as specified in Regulation 38 as it deems appropriate.
• Disciplinary cases with a view to dismissal or reduction in rank procedure [Regulation 37]
  If it is determined that the disciplinary offence complained of against the officer is of a nature that warrants a punishment of dismissal or reduction in rank, the Chairman of the appropriate Disciplinary Authority to which the case is referred to shall consider and determine if there exists a prima facie case against the officer. If a prima facie case appears to exist, the Chairman of the appropriate Disciplinary Board shall direct that a charge containing the facts of the disciplinary offence alleged to have been committed by the officer and grounds on which it is proposed to dismiss or reduce the rank of the officer be forwarded to the officer. The officer will then be required to submit a written representation containing the grounds on which he relies to exculpate himself within 21 days from the date the officer is informed by notice.
  
  The Disciplinary Board shall forthwith determine if the officer is guilty of the offence and impose on the officer any one or more of the punishment other than dismissal or reduction in rank as specified in Regulation 38 as it deems appropriate.
• Disciplinary Charge Letter
  The charge directed to the officer must contain facts of the disciplinary offence alleged committed by the officer. The grounds of breach must be attributable to the relevant disciplinary regulations provided as stated in Regulation 4, Public Officers (Conduct and Discipline) Regulations 1993.
  
  The disciplinary charge letter must be signed by the Chairman of the Disciplinary Board or any member of the same Disciplinary Board on behalf of the Chairman.
• Disciplinary Decision Notice
  Disciplinary results/ decisions must be notified to the officer and accordingly executed although there may be an appeal made against the result/decision. The grounds of which the officer has been found guilty of the charge must be stated in the notice. The option of an appeal by the officer must also be informed in the same notice. Should the aggrieved officer decide to exercise such option, it may do so by making an appeal to the Disciplinary Appeal Board within 14 days of receipt of the decision.
• Disciplinary Record
  All records and documents pertaining to the disciplinary action must be preserved accordingly. The details and particulars of the decision(s) made by the Disciplinary Board and the Disciplinary Appeal Board and punishments imposed as directed by such decision(s) must be recorded in the officer’s records of service.