Perlembagaan Persekutuan
(1) No member of any of the services mentioned in
- Jurisdiction
- Malaysia
- Provision
- 135
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source135. (1) No member of any of the services mentioned in
paragraphs (b) to (h) of Clause (1) of Article 132 shall be
dismissed or reduced in rank by an authority subordinate to that
which, at the time of the dismissal or reduction, has power to
appoint a member of that service of equal rank:
Provided that in its application to members of the services
mentioned in paragraph (g) of Clause (1) of Article 132, this
Clause shall not apply to any law which the legislature of any
State, other than Penang and Malacca, may make to provide that
all powers and functions of a Public Service Commission of such
State, other than the power of first appointment to the permanent
or pensionable establishment, be exercised by a Board appointed
by the Ruler of such State:
And provided further that this Clause shall not apply to a case
where a member of any of the services mentioned in this Clause
is dismissed or reduced in rank by an authority in pursuance of a
power delegated to it by a Commission to which this Part applies,
and this proviso shall be deemed to have been an integral part
of this Clause as from Merdeka Day.
(2) No member of such a service as aforesaid shall be dismissed
or reduced in rank without being given a reasonable opportunity
of being heard:
Provided that this Clause shall not apply to the following
cases:
(a) where a member of such a service is dismissed or reduced
in rank on the ground of conduct in respect of which a
criminal charge has been proved against him; or
(b) where the authority empowered to dismiss or reduce in
rank a member of such a service is satisfied that for some
reason, to be recorded by that authority in writing, it is
not reasonably practicable to carry out the requirements
of this Clause; or
(c) where the Yang di-Pertuan Agong, or, in the case of a
member of the public service of a State, the Ruler or
Yang di-Pertua Negeri of that State, is satisfied that in
the interests of the security of the Federation or any part
[Article 135] Federal Constitution 126
thereof it is not expedient to carry out the requirements
of this Clause; or
(d) where there has been made against a member of such a
service any order of detention, supervision, restricted
residence, banishment or deportation, or where there has
been imposed on such a member any form of restriction or
supervision by bond or otherwise, under any law relating
to the security of the Federation or any part thereof,
prevention of crime, preventive detention, restricted
residence, banishment, immigration, or protection of
women and girls:
Provided further that for the purpose of this Article, where the
service of a member of such a service is terminated in the public
interest under any law for the time being in force or under any
regulation made by the Yang di-Pertuan Agong under Clause (2)
of Article 132, such termination of service shall not constitute
dismissal whether or not the decision to terminate the service is
connected with the misconduct of or unsatisfactory performance of
duty by such member in relation to his office or the consequences
of the termination involved an element of punishment; and this
proviso shall be deemed to have been an integral part of this
Article as from Merdeka Day.
(3) No member of any of the services mentioned in paragraph
(c), (f) or (g) of Clause (1) of Article 132 shall, without the
concurrence of the Judicial and Legal Service Commission, be
dismissed or reduced in rank or suffer any other disciplinary
measure for anything done or omitted by him in the exercise of
a judicial function conferred on him by law.
Impartial treatment of federal employees
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Perlembagaan Persekutuan · lom.agc.gov.my · Retrieved 18 August 2026.
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