Ali Nur Fitri Bin Yazid LEMBAGA TATATERTIB KONTINJEN SELANGOR

Ali Nur Fitri Bin Yazid LEMBAGA TATATERTIB KONTINJEN SELANGOR

The High Court dismissed the judicial review because the s86 Police Act investigation did not constitute criminal proceedings (no charges) to engage Regulations 30/31; the disciplinary and criminal issues were legally distinct; applicant's own representations amounted to admissions undermining procedural complaints;...

Source-derived case information.

Citation
BA-25-27-05/2021 (Mahkamah Tinggi)
Parties
Applicant: ALI NUR FITRI BIN YAZID; Respondent: LEMBAGA TATATERTIB KONTINJEN SELANGOR
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 March 2025
Case Number
BA-25-27-05/2021 (Mahkamah Tinggi)
Procedural Posture
Judicial Review Employment/disciplinary Dismissal / High Court Judgment (decision)
Outcome
Application dismissed
Legal Topics
Judicial Review, Procedural Impropriety, Double Jeopardy, Proportionality, Disciplinary Proceedings, Right of Appeal
Administrative Law Employment Law Police Disciplinary Law Constitutional Law Criminal Procedure Judicial Review Procedural Impropriety Double Jeopardy +3 more

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Summary, issues, holding and outcome

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Parties

ALI NUR FITRI BIN YAZID

Applicant

LEMBAGA TATATERTIB KONTINJEN SELANGOR

Respondent

Procedural Posture

Judicial Review Employment/disciplinary Dismissal / High Court Judgment (decision)

  1. 1 Whether disciplinary proceedings should have been stayed pending investigation/prosecution under s86 Police Act 1967
  2. 2 Whether applicant suffered double jeopardy or was prejudiced by concurrent criminal investigation
  3. 3 Whether disciplinary authority failed to take into account applicant's defence and procedural safeguards

Ratio Decidendi

The High Court dismissed the judicial review because the s86 Police Act investigation did not constitute criminal proceedings (no charges) to engage Regulations 30/31; the disciplinary and criminal issues were legally distinct; applicant's own representations amounted to admissions undermining procedural complaints; no illegality, Wednesbury unreasonableness or procedural impropriety was established and non-payment of emoluments was administrative under Perintah Am 14A, not a disciplinary double punishment.

Court Disposition

Application dismissed

Orders

  • Judicial review application dismissed
  • No order as to costs