Series 8 – Disciplinary Appeal

• Introduction
  Provisions pertaining to matter related to disciplinary appeal are provided in the Public Services Disciplinary Board Regulations, 1993 [P.U.(A) 396]
• Right to appeal [Regulation 14]
  Any officer aggrieved by the decision of the Ministry/ Department Disciplinary Board may appeal against such decision to the Disciplinary Appeal Board.
• Public Services Disciplinary Appeal Board [Regulation 12]
  The Public Services Disciplinary Appeal Board is located at Public Services Commission Malaysia.
• Procedure of Appeal [Regulation 15]
  An appeal shall be made in writing to:
  
  PENGERUSI
  LEMBAGA RAYUAN TATATERTIB PERKHIDMATAN AWAM
  SURUHANJAYA PERKHIDMATAN AWAM MALAYSIA
  ARAS 9, BLOK C7, PARCEL C
  PUSAT PENTABDIRAN KERAJAAN PERSEKUTUAN
  62502 PUTRAJAYA.
  
  The appeal letter must be sent through the Head of Department within 14 days from the date of receipt of the disciplinary proceeding decision.
• Tindakan Ketua Jabatan
  Apabila menerima rayuan daripada mana- mana pegawai, Ketua Jabatan hendaklah tidak lewat daripada 30 hari dari tarikh penerimaan rayuan tersebut mengemukakannya kepada Lembaga Tatatertib yang berkaitan, beserta dengan ulasannya.
• Head of Department’s Function
  The Head of Department shall, not later than 30 days from the date of receipt of the appeal submit such appeal to the Disciplinary Board together with a copy of the records of proceedings of the Disciplinary Board, including the grounds on which the Disciplinary Board relied upon in arriving at its decision.
• Disciplinary Board’s Function
  Upon receipt of the appeal, the Disciplinary Board shall, in not less than 30 days from the date of receipt of the appeal submit to the Disciplinary Appeal Board the appeal letter, copies of the disciplinary proceedings recorded, including the reasons and grounds of which the decision is derived from.
• Relevant Information/ Documents required to be submitted by the Department to the Disciplinary Appeal Board
  The required information/documents to be submitted by the Department to the Disciplinary Appeal Board are as stated in the checklist provided. However, the specific amount of documents required may vary depending on the disciplinary action/case in question.
• Disciplinary Appeal Board Decision
  Decisions made by the Disciplinary Board if is final.
• Documents Checklist
  1. Officer’s identity card number.
  2. Updated records of service.
  3. Reports pertaining to the breach of code of conduct including investigation report (if available).
  4. Charge letter.
  5. Acknowledgement receipt of the charge sent.
  6. Review/comments by the Head of Department in relation to the representation provided.
  7. Minutes of the sentencing.
  8. Decision letter by the Disciplinary Board.
  9. Acknowledgement receipt by the officer pertaining to the decision received by the officer.
  10. Appeal letter
      Regulation 14(1) & 15(1), Public Services Disciplinary Board and Regulations 1993 [P.U.(A) 396]
  11. Head of Department’s review in relation to the appeal submitted.
      Regulation 15(2), Public Services Disciplinary Board and Regulations 1993 [P.U.(A) 396]
  12. Disciplinary Board’s grounds of decision.
      Regulation 15(3), Public Services Disciplinary Board and Regulations
  13. Court’s charge sheet.
  14. Head of Department’s recommendations.
  15. Court’s decision/judgement.
  16. Confirmation as to the status of the case. Eg. whether there are any appeal/otherwise made to the court.
  17. Head of Department’s recommendation pursuant to Regulation 29(2), Public Officers (Conduct and Discipline) Regulations 1993.
  18. Interdiction order notice/letter.
  19. Copy of detention/supervision order.
  20. Copy of the complete list of punch card for cases where the officer is absent without leave or failure to punch in or out the punch card.
  21. Updated leave statement/record for cases in relation to breach of attendance/absent without leave.
  22. Supporting documents:
      1. Anti Corruption Agency report (for Anti Corruption Agency cases)
      2. Other related documents in relation to the case in question (if any)
      
      Note:
      • Documents listed in number 14 to 20 are for criminal proceeding cases and/or interdiction order cases.
      • All related documents shall be provided in 2 copies.