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2014 MarsdenLR 1282

HIGH COURT MALAYA JOHOR BAHRU
RAJENDRAN MARAPAIE – Appellant
Versus
MENTERI BAGI KEMENTERIAN TENAGA TEKNOLOGI HIJAU DAN AIR MALAYSIA & ORS – Respondent


Table of Content
1. accident resulting in revocation of competency certificate (Para 1 , 2)
2. reliefs sought by the applicant in judicial review (Para 3)
3. minister's failure to decide on reconsideration request (Para 4)
4. validity of the commission's decision - ultra vires argument (Para 5)

[1] The Applicant is an individual who was at the material time the holder of a Certificate of Competency issued under the Electricity Regulations, 1994 ('ER') and thus, a competent person under the ER. He was then employed as a 'High Tension Chargeman' by one Global Facilities Management Sdn Bhd ('GFM') which was awarded a contract to carry out electrical maintenance works at the Johor Bahru Customs, Immigration and Quarantine Complex ('CIQ'). GFM appointed a contractor to carry out the maintenance works. As a result of an electrical accident at the CIQ complex, an employee of the contractor passed away in the course of the maintenance works on 10 March 2012.

[2] Following the above accident, the Energy Commission ('EC') vide letter dated 11 March 2013 revoked absolutely the Applicant's Certificate of Competency with effect from 4 March 2013 acting under subregulation 59(8), ER. Pursuant to sub

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