[1] We heard arguments on 4 August 2016 and reserved judgment to a date to be fixed. Having deliberated on the matter, we have reached a unanimous decision. This is our judgment.

[2] First the salient facts. On 13 September 2011, the appellant, a Deputy Superintendent of Police (DSP) with the Royal Malaysian Police and married with six children was issued with a show-cause letter by the disciplinary authority, ie, the 2nd respondent with a view to dismissal or reduction in rank pursuant to reg 37 of the Public Officers (Conduct and Discipline) Regulations 1993 ("the Regulations"). He was at the material time the Officer in Charge of the Selama Police District, Perak.

[3] Two charges were preferred against the appellant. The first charge accused him of giving access to his girlfriend of his thumb drive containing classified security information relating to the police force and the second accused him of having illicit intercourse with the same girlfriend between February 2008 and December 2009.

[4] It