Judicial review applications must be filed within strict time limits set by the Rules of Court, with extensions only granted upon valid reasons.

[1] The applicant, having being dismissed from his employment sought to bring this judicial review application seeking the following reliefs:

(i) An extension of time to file his judicial review application according to O 3 r 5 and O 53 r 3(7) of the Rules of 2012;

(ii) An order of certiorari to quash the whole decision of the respondent letter dated 2 October 2018 to dismiss the applicant effective 5 October 2018;

(iii) A declaration that the decision to dismiss the applicant by the respondent as not valid;

(iv) An order of mandamus to order the respondent to reinstate the applicant with the respondent without the applicant losing all interest/benefits enjoyed in terms of monetary or otherwise, together with overdue wages and allowances;

(v) An order that the respondent compensates the applicant for loss of wages amounting to RM12,800.00 a month from the date of dismissal until the date of reinstatement of the applicant;

(vi) An order that the respondent compensates the applicant for loss of fixed allowances amounting to RM5,266.00 a month from the date of dismissal until the date of reinstatement of the applicant; and

(vii) That the respondent compensates the applicant for loss of fixed allowances from Syarikat Gransea (M) Sdn Bhd amounting to RM5,000.00 a month from the date of dismissal until the date of reinstatement of the applicant.

[2] At the leave stage of this proceedings, this Court dismissed the application seeking leave to file a judicial review. The reason for this Court's decision is the application was out of time and did not comply with the requirements of O 53 r 3(6) Rules of the High 2012.

[3] This is the grounds for this Court's decision.

Brief Factual Background

[4] The respondent dismissed the applicant effective from the respondent's employment on 5 October 2018. The applicant's application for judicial review was filed on 15 October 2021.

[5] There was a delay amounting to 3 years and 10 days in filing the application for judicial review from the effective date of the applicant's dismissal.

[6] According to the applicant, the delay in filing of the application for judicial review is due several factors. Not being satisfied with the respondent's dismissal, the applicant had appealed his dismissal by the respondent to the Badan Rayuan Tatatertib. This appeal was dismissed by the Badan Rayuan Tatatertib who affirmed the respondent's decision.

[7] The appellant then commenced proceedings in the Industrial Court for wrongful dismissal. The case was registered with case number 4/4-877/19.

[8] However, around 13 January 2020, the Industrial Court directed the appellant's solicitors to withdraw the case at the Industrial Court as the Industrial Court did not have jurisdiction to hear the appeal due to the fact that the respondent is a government agency.

[9] Once the appeal at the Industrial Court was withdrawn, the appellant did not proceed with the claim as he presumed he was unable to make a claim against the respondent.

[10] In 2020 and 2021, the Covid-19 pandemic engulfed the whole world including our country. According to the appellant this further resulted in the delay of his filing of this judicial review application.

Evaluation And Findings

[11] The procedures relating to an application for judicial review is provided for in O 53 of the Rules of 2012. Pertaining to the time frame to file an application for judicial review, O 53 r 3(6) of the Rules of 2012 provides as reproduced below:

"53. 3(6) An application for judicial review shall be made promptly and in any event within three months from the date when the grounds of applicat