7 Dec 2022
MOHD FAKARUDDIN BIN KHALID 1. ) MOHD AMAR BIN MOHAJIN 2. ) LEMBAGA TATATERTIB POLIS DIRAJA MALAYSIA BUKIT AMAN 3. ) SURUHANJAYA PASUKAN POLIS 4. ) Kerajaan Malaysia
- Citation
- WA-25-398-12/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-25-398-12/2021 (Mahkamah Tinggi)
The court held the disciplinary process complied with the 1993 Regulations, the suspension was lawful under s78(1) Police Act, applicants were given documents and adequate opportunity via written representation (oral hearing not mandatory under Art 135(2)), the criminal charges differed from the disciplinary charges so reinstatement under reg 28(7) was not triggered, and the dismissal sanctions were proportionate; therefore judicial review failed and applications were dismissed.