MOHD IZZUDIN BIN YAHYA NO. KP: 900131-03-5551 SURUHANJAYA PERKHIDMATAN AWAM MALAYSIA

MOHD IZZUDIN BIN YAHYA NO. KP: 900131-03-5551 SURUHANJAYA PERKHIDMATAN AWAM MALAYSIA

The High Court allowed the judicial review because the disciplinary proceedings and dismissal were tainted by legal error and procedural impropriety: the charge was fatally defective in particulars, the respondent failed to properly exercise its discretion under Reg 37 by not constituting an investigation committee or affording an oral hearing, and failed to consider relevant medical evidence and Majlis Perubatan recommendations; the dismissal was therefore irrational, disproportionate and unlawful and must be quashed with reinstatement and backpay (subject to refusal of 8% interest).

Citation
WA-25-249-06-2019 (Mahkamah Tinggi)
Parties
Applicant/pemohon: Mohd Izzudin bin Yahya; Respondent/responden: Suruhanjaya Perkhidmatan Awam Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 March 2020
Case Number
WA-25-249-06-2019 (Mahkamah Tinggi)
Procedural Posture
Judicial Review (semakan Kehakiman) / High Court Judgment on Judicial Review Application
Outcome
Judicial review allowed; disciplinary decision quashed; applicant reinstated and entitled to emoluments and benefits for period of dismissal subject to assessment; interest at 8% refused; no order as to costs.
Legal Topics
Natural Justice (audi Alteram Partem, Nemo Judex), Procedural Impropriety, Illegality, Irrationality/wednesbury Unreasonableness, Proportionality, Unfair Dismissal, Medical Incapacity/fitness to Work
Source Language
Malay/English
Administrative Law Constitutional Law Employment Law Public Service Disciplinary Law Natural Justice (audi Alteram Partem, Nemo Judex) Procedural Impropriety Illegality Irrationality/wednesbury Unreasonableness +3 more

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Parties

Mohd Izzudin bin Yahya

Applicant/pemohon

Suruhanjaya Perkhidmatan Awam Malaysia

Respondent/responden

Procedural Posture

Judicial Review (semakan Kehakiman) / High Court Judgment on Judicial Review Application

Legal Issues

  1. 1 Whether disciplinary charge was fatally defective (incorrect particulars)
  2. 2 Whether respondent complied with disciplinary procedure under Regulations 35-38 and Reg 37(1)/(2)/(5)
  3. 3 Whether natural justice was breached by failing to give oral hearing and failing to constitute investigation committee

Ratio Decidendi

The High Court allowed the judicial review because the disciplinary proceedings and dismissal were tainted by legal error and procedural impropriety: the charge was fatally defective in particulars, the respondent failed to properly exercise its discretion under Reg 37 by not constituting an investigation committee or affording an oral hearing, and failed to consider relevant medical evidence and Majlis Perubatan recommendations; the dismissal was therefore irrational, disproportionate and unlawful and must be quashed with reinstatement and backpay (subject to refusal of 8% interest).

Court Disposition

Judicial review allowed; disciplinary decision quashed; applicant reinstated and entitled to emoluments and benefits for period of dismissal subject to assessment; interest at 8% refused; no order as to costs.

Orders

  • Certiorari quashing the respondent's disciplinary decision imposing dismissal effective 11.3.2019
  • Mandamus/order to reinstate applicant to his former post as Medical Officer Grade UD44 and to expunge record of dismissal