Singapore legislation
Regulation 38
of Public Service (Disciplinary Proceedings) Regulations 2023
Regulation 38
If criminal proceedings pending
Subregulation 1
This regulation applies if criminal proceedings are pending against a public officer.
Subregulation 2
While the criminal proceedings are pending, the public officer must not resign without the prior permission of the Commission.
Subregulation 3
A complaint may still be made against the public officer under Part 2, and proceedings under Part 2 on the complaint may start and continue.
Subregulation 4
However, if charges against the public officer have been brought under Division 3 of Part 2 (proceedings where dismissal or demotion contemplated), the Commission must not decide on any charge that is based on grounds that are related to the subject matter of the criminal proceedings.
Subregulation 5
For the purposes of this regulation —
criminal proceedings start when the public officer is charged for an offence;
if the public officer is granted a discharge (whether or not amounting to an acquittal) in the criminal proceedings, those proceedings are no longer pending; and
if the time within which an appeal may be made in the criminal proceedings has not elapsed, those proceedings are deemed to still be pending even if an appeal has not been made.