Mohd Ghazali Yusoff FCJ:

[1] The following questions were posed in this appeal, namely:

(1) Whether an error in a letter of dismissal stating a wrong regulation under the Public Officers (Conduct and Discipline) Regulations 1993 renders the letter of dismissal null and void and of no effect; and

(2) Whether mere specification of regulation 37 together with regulation 38(g) (which is undisputedly the wrong regulation) in a letter of dismissal pursuant to disciplinary proceedings initiated under Regulation 33 without mention of same in the letter of dismissal renders the letter of dismissal null and void and of no effect.

Background

[2] The appellant was a lance corporal in the Royal Malaysian Police Force. He was charged in court with an offence under s. 222 of the Penal Code, namely, he was alleged to have falsified documents to release three Indonesians detained from the police lock-up in Batu Pahat, Johor. He was convicted and fined RM1,500 in default three months imprisonment. He paid the fine but did not appeal against the sentence.

[3] Consequently, the appellant's head of department, pursuant to reg. 33 of the Public Officers (Conduct and Discipline) Regulations 1993