World · Malaysia Bureau
State government lacks power to suspend secretary, legal advisor: AGC
Malaysia's Attorney General's Chambers has clarified that state governments do not have the authority to suspend state secretaries and legal advisors, stating such matters fall under federal jurisdiction.
LSN Malaysia ·
The Attorney General's Chambers (AGC) has ruled that the suspension of state secretaries and state legal advisors remains exclusively within the purview of federal bodies, not state administrations.
According to the AGC's legal position, disciplinary action against these officers—including suspension from duty—falls under the jurisdiction of the Public Services Commission (SPA) and the Public Services Discipline Board (SPKP). These federal entities hold sole authority over matters concerning the employment status of such senior civil service personnel.
The clarification addresses the scope of state government powers in personnel management, establishing a clear boundary between state-level administrative functions and federal civil service governance. The ruling underscores the hierarchical structure of Malaysia's civil service system, where officers at the state secretary and legal advisor levels remain subject to federal oversight and disciplinary procedures.
This determination has implications for state governments seeking to take disciplinary measures against senior administrative officials within their jurisdictions, requiring them to defer to federal commissions for any suspension or related personnel actions.