Federal Government Halts Disciplinary Actions Against Civil Servants in ‘Enticement’ Cases Following Court Ruling

KUALA LUMPUR, Sept 27 — The federal government has ordered the cessation of all disciplinary proceedings against civil servants accused or convicted under Section 498 of the Penal Code, which pertains to the "enticement" of married women. This directive comes after the Federal Court ruled the provision unconstitutional last December.

Tan Sri Wan Ahmad Dahlan Abdul Aziz, director-general of the Public Service Department (JPA), stated in a circular dated September 17 that this decision applies to all state public services and statutory bodies, pending acceptance by their authorities. 

However, the circular clarified that investigations into misconduct related to affairs with married women—reported directly to the Integrity Unit—can still proceed, as these cases do not derive from Section 498 convictions.

Wan Ahmad emphasized that while criminal offenses and disciplinary offenses are distinct, any immoral conduct could warrant disciplinary action under the Public Servants (Conduct and Discipline) Regulations 1993. He noted that even private immoral behavior could tarnish the reputation of the public service, enabling department heads to initiate investigations if complaints arise. 

He also highlighted the importance of civil servants setting a good example, warning that actions such as inappropriate behavior in the workplace could lead to disciplinary measures, with the option for counseling provided for those involved.