Section 84. In making an allegation that a State official who is not the person under section 66 committed an offence of corruption, malfeasance in office or malfeasance in judicial office, the person making such allegation shall submit an allegation in writing bearing his or her signature to the N.C.C. Commission at the time the person against whom the allegation is made is a State official or has ceased to be a State official for not later than two years.
Section 85. The allegation under section 84 shall at least contain the following particulars:
(1) the name and address of the person making the allegation;
(2) the name or position of the alleged culprit;
(3) the allegation and circumstance under which the alleged offence was committed, together with, or by reference to, evidence.
Section 86. The N.C.C. Commission shall not accept or invoke for consideration the allegation under section 84 which is of the following descriptions:
(1) the matter involving the same allegation or issue as that in respect of which the N.C.C. Commission has given its final decision, for which no fresh evidence which is material to the case is found;
(2) the matter the same issue of which has been admitted by the Court and is pending the Court's trial or has been adjudicated by the Court's final decision or order.
Section 87. The N.C.C. Commission may refuse to accept or invoke for consideration the allegation which is of the following descriptions:
(1) the matter which exhibits the nature of an anonymous letter, for which no clear evidence is so sufficiently specified as to enable a fact inquiry;
(2) the matter surviving the period of more than five years as from the date of its occurrence to the date of the allegation, for which evidence cannot be so sufficiently obtained as to enable a further inquiry
Section 88. When the N.C.C. Commission has received the allegation against the State official under section 84 or has a reasonable cause to suspect that any State official has committed an offence of corruption, malfeasance in office or malfeasance in judicial office, the N.C.C. Commission shall proceed in accordance with Chapter 4, Fact Inquiry.
Section 89. In the case where the injured person has lodged a complaint, or a denunciation is made, to the inquiry official requesting for an action against a State official who is not the person under section 66 in consequence of the commission of the act under section 88, the inquiry official shall refer the matter to the N.C.C. Commission within thirty days as from the date of the complaint or the denunciation, for the purpose of proceeding with it in accordance with the provisions in this Chapter. In this connection, if the N.C.C. Commission, having considered the matter, is of the opinion that it is not the case under section 88, the N.C.C. Commission shall refers it back to the inquiry official for proceeding with it in accordance with the Criminal Procedure Code.
Section 90. In conducting a fact inquiry, if the N.C.C. Commission is of the opinion that the continued performance of the alleged culprit shall cause injury to the Government service or cause an impediment to the inquiry, the N.C.C. Commission shall refer the matter to the superior of the alleged culprit for an order of suspension from the Government service or from work pending the decision of the N.C.C. Commission. If the superior of the alleged culprit has ordered a suspension from Government service or from work and a subsequent outcome of the inquiry reveals that the allegation has no prima facie case, the N.C.C. Commission shall inform the superior of the alleged culprit thereof for the purpose of issuing an order allowing the alleged culprit to resume the Government service or work in the original position.
Section 91. When the N.C.C. Commission has conducted the inquiry and passed a resolution that a particular allegation has no prima facie case, such allegation shall lapse. Any allegation which, according to the N.C.C. Commission's resolution, has a prima facie case shall be pursued as follows:
(1) if a prima facie case for a disciplinary offence is found, it shall be proceeded with in accordance with section 92;
(2) if a prima facie case for a criminal offence is found, it shall be proceeded with in accordance with section 97.
Section 92. In the case where a prima facie case for a disciplinary offence is found, when the N.C.C. Commission, after having considered the circumstances of the commission of the offence, passes a resolution that a particular alleged culprit has committed a disciplinary offence, the President shall send the report and existing documents together with the opinion to the superior or the person who has the power to appoint or remove such alleged culprit for the purpose of considering the disciplinary penalty for the offence in respect of which the N.C.C. Commission has passed the resolution, without the appointment of a disciplinary inquiry committee. In considering the disciplinary penalty to be inflicted upon the alleged culprit, it shall be deemed that the report, documents and opinion of the N.C.C. Commission is the disciplinary inquiry file of the disciplinary inquiry committee under the law, rules or regulations on personnel administration applicable to such alleged culprit, as the case may be.
In the case where the alleged culprit is a judicial official under the law on judicial service, judge of the Administrative Court under the law on establishment of Administrative Courts and Administrative Court Procedure or public prosecutor under the law on public prosecutors service, the President shall send the report and existing documents together with the opinion to the President of the Judicial Commission, the President of the Judicial Commission of the Administrative Courts or the President of the Public Prosecutors Commission, as the case may be, for considering and proceeding with the matter in accordance with the law on judicial service, the law on establishment of Administrative Courts and Administrative Court Procedure or the law on public prosecutors service without delay. In this connection, the report and documents of the N.C.C. Commission shall also be regarded as part of the inquiry file. The outcome shall be furnished to the N.C.C. Commission for information within fifteen days as from the date the order of the disciplinary penalty is issued or the date a decision is given that no disciplinary offence is found.
In the case of the alleged culprit to whom no laws, rules or regulations on disciplines are found applicable, the President shall, upon the N.C.C. Commission's resolution that such alleged culprit has committed an offence as alleged, send the report and existing documents together with the opinion of the N.C.C. Commission to the superior or the person who has the power to appoint or remove such alleged culprit for the purpose of proceeding in accordance with his or her powers and duties.
Section 93. Upon receipt the report under section 92 paragraph one and paragraph three, the superior or the person having the power to order the appointment and removal shall consider the penalty within thirty days as from the date of receipt thereof, and the superior or the person having the power to order the appointment and removal shall furnish a copy of the penalty order to the N.C.C. Commission for information within fifteen days as from the date the order is issued.
Section 94. Any superior or the person having the power to order the appointment and removal who fails to take action under section 93 is deemed to commit a disciplinary offence or a legal offence under the law, rule or regulation on personnel administration applicable to the alleged culprit in question.
Section 95. In the case where the superior of the alleged culprit fails to take the disciplinary action under section 93 or the N.C.C. Commission considers that the disciplinary action taken by the superior under section 93 is incorrect or inappropriate, the N.C.C. Commission shall present its opinion to the Prime Minister and the Prime Minister shall have the power to give an order as the Prime Minister thinks fit. In the case of necessity, the N.C.C. Commission may order the Civil Service Commission under the law on civil service or other commission having the duty to control and supervise the execution of the law, rule and regulation on personnel administration for State officials or the commission which performs the management of the State enterprise or the person who has given an order appointing a member of a commission, committee or sub-committee or an employee of a Government agency, State agency or State enterprise, as the case may be, to consider and take correct and appropriate action within the powers and duties, except that in the case where the alleged culprit is a judicial official under the law on judicial service, a judge of the administrative court under the law on establishment of Administrative Courts and Administrative Courts Procedure, or a public prosecutor under the law on public prosecutors service, the N.C.C. Commission shall furnish its opinion to the President of the Judicial Commission, President of the Judicial Commission of the Administrative Courts or President of the Public Prosecutors Commission, as the case may be.
Section 96. The alleged culprit punished under section 93 may exercise the right to appeal against the exercise of the superior's discretion in giving the penalty order, in accordance with the law, rule or regulation on personnel administration applicable to such alleged culprit, provided that such right must be exercised within thirty days as from the date the superior or the person having the power to order the appointment or removal gives the penalty order.
Section 97. In the case where the N.C.C. Commission passes a resolution that any matter put in the allegation amounts to a criminal offence, the President shall furnish the report, documents and opinion to the Prosecutor- General or, in the case where the alleged culprit is the Prosecutor-General, proceed with the prosecution, for the purpose of criminal proceedings before the Court having competence to try and adjudicate the case. In this instance, the report of the N.C.C. Commission shall be deemed the inquiry file under the Criminal Procedure Code and the Court shall accept the case without conducting a preliminary examination.
When the Prosecutor-General has received the report and documents together with the opinion from the N.C.C. Commission under paragraph one and considers that the report, documents and opinion furnished by the N.C.C. Commission are not so complete as to justify the institution of the prosecution, the Prosecutor-General shall inform the N.C.C. Commission thereof for further proceeding. In this instance, the incomplete items shall, at the same time, fully be specified. In this case, the N.C.C. Commission and the Prosecutor-General shall appoint a working committee consisting of representatives of each side in an equal number, for the purpose of collecting full evidence and furnish it to the Prosecutor-General for instituting the prosecution. In the case where such working committee fails to arrive at a conclusion as to the prosecution, the N.C.C. Commission shall have the power to initiate the prosecution of its own motion or appoint an attorney to institute the prosecution on its behalf.
Section 98. When the prosecution is intended to be instituted under section 97, the provisions of section 74 shall apply mutatis mutandis.
Section 99. In the case where the N.C.C. Commission passes a resolution that a particular allegation has a prima facie case for an offence under section 91, if, in addition to proceeding in accordance with section 92 or section 97, it the inquiry by the N.C.C. Commission reveals that the alleged culprit granted approval or permission conferring rights or benefits on, or issued a document of title to, any person contrary to the law or official regulation to the detriment of the Government service, the President shall furnish the report and existing documents together with its opinion to the superior or head of the agency concerned for the purpose of filing an application to the Court for an order or judgment cancelling or revoking the right or document of title in respect of which the alleged culprit granted approval or permission.
The provisions of section 93, section 94 and section 95 shall apply to the case under paragraph one mutatis mutandis.
