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2025 MarsdenLR 1594

HIGH COURT MALAYA IPOH
MOHD FIRDAUS JAHAYA – Appellant
Versus
JABATAN AGAMA ISLAM NEGERI PERAK & ORS – Respondent


Petitioner Advocates:Noorazmir Zakaria,Siti Farah Farhana Ahmad Fathi ,Respondent Advocate: Mohd Fitri Sadarudin

Table of Content
1. judicial review of dismissal procedures. (Para 1 , 2 , 3 , 4)
2. importance of contemporaneous reasoning in decisions. (Para 5 , 6)
3. natural justice requires reasons for decisions. (Para 7 , 8 , 9)
4. silence in law does not negate duty to provide reasons. (Para 10 , 11 , 12)
5. disciplinary actions must have legal foundation. (Para 13)
6. remedies granted for procedural unfairness. (Para 14)
Moses Susayan JC:

Introduction

[1] The applicant seeks judicial review of decisions by various disciplinary bodies within the Perak State Government. He contends that his dismissal from public service as an Islamic Affairs Assistant (Grade S19, Contract) was unlawful, irrational, procedurally flawed, and grossly disproportionate. The applicant prays for orders of Certiorari and mandamus to quash the dismissal, reinstate him, and award back pay and damages.

Background Facts

[2] The appellant, Mohd Firdaus bin Jahaya, formerly served as a contract Islamic Affairs Assistant (Grade S19) under the "Majlis Agama Islam dan Adat Melayu Perak" (MAIPk) since 2010, with successive renewals. In 2020, he was transitioned to a similar position with the "Jabatan Agama Islam Perak" (JAIPk), under t

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