ABDUL SOMAD BIN YAHYA v 1. ) LEMBAGA TATATERTIB POLIS DIRAJA MALAYSIA BUKIT AMAN 2. ) Ketua Polis Negara 3. ) Kerajaan Malaysia
6 cases cited
(0 SG, 6 foreign)
Catchwords
Administrative law -– Judicial review -– Certiorari - Dismissal for misconduct - Application to quash 1st respondent's decision - Whether action taken under wrong legislation -– Public Officers (Conduct and Discipline) (Amendment) Regulations 2002 (“2002 Amending Regulations”) -– Public Officers (Conduct and Discipline) Regulations 1993 (“1993 Regulations”) – Whether charges proffered under 1993 Regulations or the 2002 Amending Regulations – Whether defective Administrative law – Judicial Review – Dismissal for misconduct – Whether show cause letter issued to the applicant was defective – Whether right to make written representation was made to the applicant – Whether principles of natural justice were breached – Applicant did not categorically deny that he was absent from work on the relevant days Administrative law – Judicial Review – Dismissal for misconduct – Whether there was double jeopardy – Applicant’s salary was forfeited under Chapter C of the General Orders 1974 – Disciplinary action taken was under the 1993 Regulations Administrative law – Judicial Review – Dismissal for misconduct – Whether Disciplinary Board had obligations to provide reasons for decision
Practice Areas
Judges (1)
Counsel (3)
Statutes Cited
Federal Constitution
Police Act 1967
s 86
Cases Cited (6)
MY (6)
[1989] 1 MLJ 487 [1999] 3 CLJ 65 [2011] 7 CLJ 613 [2013] 7 MLJ 737 [2017] 10 CLJ 36 [2022] 5 MLJ 472
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-25-363-12-2020)