SIVAKUMAR A/L NARAYANA SAMY 1. ) Suruhanjaya Perkhidmatan Awam Malaysia 2. ) Jabatan Kesihatan Negeri (JKN) 3. ) PENGARAH HOSPITAL TAIPING 4. ) Kerajaan Malaysia

SIVAKUMAR A/L NARAYANA SAMY 1. ) Suruhanjaya Perkhidmatan Awam Malaysia 2. ) Jabatan Kesihatan Negeri (JKN) 3. ) PENGARAH HOSPITAL TAIPING 4. ) Kerajaan Malaysia

The application for judicial review was dismissed because the court found no breach of Article 135(2) or procedural impropriety: the Applicant had been afforded the opportunity to make written representations as required by the disciplinary regulations, the disciplinary authority (SPA) acted within statutory procedure and its conclusions were supported by the investigation evidence, delay did not amount to condonation or prejudice, and there was no demonstrable mala fide in the process.

Citation
AB-25-1-11/2020 (Mahkamah Tinggi)
Parties
Applicant (former Assistant Medical Officer, Hospital Taiping): Sivakumar A/L Narayana Samy; 1st Respondent (disciplinary Authority): Pengerusi Lembaga Tatatertib Suruhanjaya Perkhidmatan Awam Malaysia; 2nd Respondent (investigating Unit): Ketua Unit, Kawalan Amalan Perubatan Swasta (UKAPS) Negeri Kedah; 3rd Respondent (employer): Pengarah Hospital Taiping, Perak Darul Ridzuan; 4th Respondent (nominal Respondent): Kerajaan Persekutuan Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 April 2022
Case Number
AB-25-1-11/2020 (Mahkamah Tinggi)
Procedural Posture
Application for Judicial Review / Judgment on Substantive Judicial Review (application Dismissed)
Outcome
Application for judicial review dismissed
Legal Topics
Judicial Review, Natural Justice (right to Be Heard), Disciplinary Proceedings, Misjoinder/non Joinder, Functus Officio, Delay/condonation
Source Language
Malay/English
Administrative Law Employment Law Public Service Law Medical Regulation Judicial Review Natural Justice (right to Be Heard) Disciplinary Proceedings Misjoinder/non Joinder +2 more

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Parties

Sivakumar A/L Narayana Samy

Applicant (former Assistant Medical Officer, Hospital Taiping)

Pengerusi Lembaga Tatatertib Suruhanjaya Perkhidmatan Awam Malaysia

1st Respondent (disciplinary Authority)

Ketua Unit, Kawalan Amalan Perubatan Swasta (UKAPS) Negeri Kedah

2nd Respondent (investigating Unit)

Pengarah Hospital Taiping, Perak Darul Ridzuan

3rd Respondent (employer)

Kerajaan Persekutuan Malaysia

4th Respondent (nominal Respondent)

Procedural Posture

Application for Judicial Review / Judgment on Substantive Judicial Review (application Dismissed)

Legal Issues

  1. 1 Whether correct decision-maker was before the Court (joinder/misjoinder)
  2. 2 Whether Applicant was denied right to be heard (oral hearing vs written representation)
  3. 3 Whether Respondents failed to supply investigation documents/findings

Ratio Decidendi

The application for judicial review was dismissed because the court found no breach of Article 135(2) or procedural impropriety: the Applicant had been afforded the opportunity to make written representations as required by the disciplinary regulations, the disciplinary authority (SPA) acted within statutory procedure and its conclusions were supported by the investigation evidence, delay did not amount to condonation or prejudice, and there was no demonstrable mala fide in the process.

Court Disposition

Application for judicial review dismissed

Orders

  • Application dismissed
  • No order as to costs (Respondents' costs claim of RM3,000.00 refused)