PUTRAJAYA: Disciplinary action against errant officers in enforcement agencies must follow due legal process, says Comm Datuk Seri Mohd Shuhaily Mohd Zain.
The Malaysian Border Control and Protection Agency (AKPS) director-general said the agency had taken various actions, including arrests and investigations, against officers suspected of misconduct.
“However, such cases continue to occur, leading to public perception that enforcement action only involves arrests or transfers, without harsher penalties such as dismissal.
“The public often questions why officers who have been arrested are later seen back at work. What needs to be understood is that the process of dismissing a civil servant is not straightforward and cannot be carried out arbitrarily,” he said during a special session with the media recently.
He explained that disciplinary action, including dismissal, is governed by constitutional provisions under Articles 132 to 135, which ensure due process and a system of adjudication before any officer can be terminated from service.
“If there are offences that allow for immediate dismissal under existing regulations, including those provided under General Orders, we will act accordingly. That is the direction I am trying to move towards,” he said.
However, he acknowledged such decisions were beyond his sole authority and required additional approval from the Public Service Department.
He said the department must determine whether there are sufficient legal grounds and reasonable justification to terminate an officer’s service.
“We are bound by the law, and this is something the public needs to understand,” he added.
To address ongoing integrity issues, he said AKPS has formed a task force to respond to information received from the public.
“The team is deployed to verify complaints and, if wrongdoing is confirmed, to launch enforcement operations,” he added.
He said this explains the continuous arrests involving reported personnel.
Comm Mohd Shuhaily also expressed appreciation to the Immigration Department and other enforcement bodies for their cooperation in efforts to clean up the agency.
While acknowledging that changing entrenched behaviour is challenging, he stressed that officers must adapt or face disciplinary action.
“Once someone is accustomed to a certain lifestyle, it can be difficult to change. But they have to, otherwise they will have to face the consequences,” he added.
