ANG EK KOON 1. DIRECTOR, PUBLIC WORKS DEPARTMENT SARAWAK 2. STATE SECRETARY, SARAWAK 3. GOVERNMENT OF SARAWAK 4. ELEAN BINTI MASA'AT 5. ABDUL KADIR @ KADIR BIN ZAINUDDIN 6. DANIEL ANAK SUPIT

ANG EK KOON 1. DIRECTOR, PUBLIC WORKS DEPARTMENT SARAWAK 2. STATE SECRETARY, SARAWAK 3. GOVERNMENT OF SARAWAK 4. ELEAN BINTI MASA'AT 5. ABDUL KADIR @ KADIR BIN ZAINUDDIN 6. DANIEL ANAK SUPIT

Even assuming the LSB was irregularly constituted by the State Secretary, the LSB and BOE were investigatory bodies that did not impose disciplinary punishment; the warning under Rule 174(2) was non-punitive; promotion is a prerogative of the Public Service Commission and not an entitlement; appellant failed to prove he would have been promoted and damages are speculative — accordingly no relief for damages or declarations aiding that claim could be granted; High Court dismissal affirmed.

Citation
Q-01(NCVC)(W)-347-05/2018 (Mahkamah Rayuan)
Parties
Appellant/plaintiff: Ang Ek Koon; 1st Respondent/defendant: Director, Public Works Department Sarawak; 2nd Respondent/defendant: State Secretary, Sarawak; 3rd Respondent/defendant: Government of Sarawak; 4th Respondent/defendant (chair of Lsb): Elean binti Masa'at; 5th Respondent/defendant (member of Lsb): Abdul Kadir @ Kadir bin Zainuddin; 6th Respondent/defendant (member of Lsb): Daniel Anak Supit
Court
NCVC
Jurisdiction
Malaysia
Judgment Date
26 April 2019
Case Number
Q-01(NCVC)(W)-347-05/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (employment/public Service) / Court of Appeal Judgment on Appeal From High Court After Full Trial
Outcome
Appeal dismissed; High Court decision affirmed.
Legal Topics
Natural Justice, Functus Officio, Promotion Entitlement Vs Eligibility, Investigatory Vs Decision Making Bodies, Damages for Loss of Promotion, Declaratory Relief, Double Jeopardy
Source Language
Malay/English
Administrative Law Public Employment Law Public Service Disciplinary Law Civil Procedure Natural Justice Functus Officio Promotion Entitlement Vs Eligibility Investigatory Vs Decision Making Bodies +3 more

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Parties

Ang Ek Koon

Appellant/plaintiff

Director, Public Works Department Sarawak

1st Respondent/defendant

State Secretary, Sarawak

2nd Respondent/defendant

Government of Sarawak

3rd Respondent/defendant

Elean binti Masa'at

4th Respondent/defendant (chair of Lsb)

Abdul Kadir @ Kadir bin Zainuddin

5th Respondent/defendant (member of Lsb)

Daniel Anak Supit

6th Respondent/defendant (member of Lsb)

Procedural Posture

Civil Appeal (employment/public Service) / Court of Appeal Judgment on Appeal From High Court After Full Trial

Legal Issues

  1. 1 Whether the State Secretary had power under PSC Rules 1996 Rule 16(1) to set up LSB after BOE had investigated
  2. 2 Whether LSB breached rules of natural justice by not calling appellant to defend himself
  3. 3 Whether warning under Rule 174(2) was punitive or lawful non-punitive warning

Ratio Decidendi

Even assuming the LSB was irregularly constituted by the State Secretary, the LSB and BOE were investigatory bodies that did not impose disciplinary punishment; the warning under Rule 174(2) was non-punitive; promotion is a prerogative of the Public Service Commission and not an entitlement; appellant failed to prove he would have been promoted and damages are speculative — accordingly no relief for damages or declarations aiding that claim could be granted; High Court dismissal affirmed.

Court Disposition

Appeal dismissed; High Court decision affirmed.

Orders

  • Appeal dismissed with costs of RM10,000.00
  • Declaratory reliefs sought by appellant denied