1. ) DATO' SERI HJ. MUSTAFAR BIN HJ. ALI PENGERUSI LEMBAGA TATATERTIB KUMPULAN SOKONGAN (NO. 1), JABATAN IMIGRESEN MALAYSIA, PUTRAJAYA 2. ) LEMBAGA TATATERTIB KUMPULAN SOKONGAN (NO. 1), JABATAN IMIGRESEN MALAYSIA, PUTRAJAYA 3. ) PENGERUSI L

1. ) DATO' SERI HJ. MUSTAFAR BIN HJ. ALI PENGERUSI LEMBAGA TATATERTIB KUMPULAN SOKONGAN (NO. 1), JABATAN IMIGRESEN MALAYSIA, PUTRAJAYA 2. ) LEMBAGA TATATERTIB KUMPULAN SOKONGAN (NO. 1), JABATAN IMIGRESEN MALAYSIA, PUTRAJAYA 3. ) PENGERUSI L

Court of Appeal held the High Court erred: the Disciplinary Authority and Appeal Board acted within their powers, there was no breach of natural justice as the respondent had submitted and the DA considered a written representation and was not obliged to hold an oral hearing or expressly state a prima facie finding in the show-cause letter; Regulation 37(2) was complied with; no Anisminic error was made; dismissal was within lawful discretion and proportionate. High Court decision quashing DA/DAB set aside and DA/DAB decisions restored.

Citation
J-01(A)-624-10/2021 (Mahkamah Rayuan)
Parties
Appellant Chairman, Disciplinary Board: Dato' Seri Hj Mustafar bin Hj Ali; Appellant Disciplinary Board: Lembaga Tatatertib Kumpulan Sokongan (No.1) Jabatan Imigresen Malaysia; Appellant Chairman, Disciplinary Appeal Board: Pengerusi Lembaga Rayuan Tatatertib Perkhidmatan Awam Suruhanjaya Perkhidmatan Awam; Appellant Disciplinary Appeal Board: Lembaga Rayuan Tatatertib Perkhidmatan Awam Suruhanjaya Perkhidmatan Awam; Appellant Government: Kerajaan Malaysia; Respondent Immigration Officer (dismissed): Yuganthiran a/l Guinda Rajoo
Court
A
Jurisdiction
Malaysia
Judgment Date
30 November 2022
Case Number
J-01(A)-624-10/2021 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal From Judicial Review (disciplinary Dismissal) / Court of Appeal Judgment on Appeal Allowed
Outcome
Appeal allowed; High Court decision set aside; decisions of Disciplinary Authority and Disciplinary Appeal Board restored; no order as to costs.
Legal Topics
Natural Justice (audi Alteram Partem), Regulation 37 Compliance, Prima Facie Finding, Anisminic Error (relevant/irrelevant Considerations), Proportionality of Disciplinary Sanction, Exercise of Disciplinary Discretion
Source Language
Malay/English
Administrative Law Public Employment Law Disciplinary Proceedings Judicial Review Natural Justice (audi Alteram Partem) Regulation 37 Compliance Prima Facie Finding Anisminic Error (relevant/irrelevant Considerations) +2 more

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Parties

Dato' Seri Hj Mustafar bin Hj Ali

Appellant Chairman, Disciplinary Board

Lembaga Tatatertib Kumpulan Sokongan (No.1) Jabatan Imigresen Malaysia

Appellant Disciplinary Board

Pengerusi Lembaga Rayuan Tatatertib Perkhidmatan Awam Suruhanjaya Perkhidmatan Awam

Appellant Chairman, Disciplinary Appeal Board

Lembaga Rayuan Tatatertib Perkhidmatan Awam Suruhanjaya Perkhidmatan Awam

Appellant Disciplinary Appeal Board

Kerajaan Malaysia

Appellant Government

Yuganthiran a/l Guinda Rajoo

Respondent Immigration Officer (dismissed)

Procedural Posture

Civil Appeal From Judicial Review (disciplinary Dismissal) / Court of Appeal Judgment on Appeal Allowed

Legal Issues

  1. 1 Whether Disciplinary Board breached rules of natural justice by relying on past records without allowing explanation
  2. 2 Whether show-cause letter failed to comply with Regulation 37(2) by not expressly stating a prima facie finding
  3. 3 Whether the Disciplinary Authority failed to take into account relevant considerations (Anisminic error) when imposing dismissal

Ratio Decidendi

Court of Appeal held the High Court erred: the Disciplinary Authority and Appeal Board acted within their powers, there was no breach of natural justice as the respondent had submitted and the DA considered a written representation and was not obliged to hold an oral hearing or expressly state a prima facie finding in the show-cause letter; Regulation 37(2) was complied with; no Anisminic error was made; dismissal was within lawful discretion and proportionate. High Court decision quashing DA/DAB set aside and DA/DAB decisions restored.

Court Disposition

Appeal allowed; High Court decision set aside; decisions of Disciplinary Authority and Disciplinary Appeal Board restored; no order as to costs.

Orders

  • Set aside the High Court judgment dated 29.9.2021
  • Restore the decision of the Disciplinary Authority to dismiss the respondent effective 2.12.2017