Abdul Hamid Omar FJ:

The appellant S. Mariappan employed in the permanent pensionable service of the Government of Malaysia as a clerical officer attached to Telecoms Department was dismissed from service by the Public Services Commission (PSC) on 7 August 1972 on the ground that he failed to comply with Treasury Instruction 78(a) which requires daily collection exceeding RM500 (for currency notes and coins) and RM2,000 (for cheques and postal orders) in addition to cash, to be deposited within a prescribed time in a local bank. The PSC found as a fact that this failure to comply was in regard to a sum of RM5,076.63 from a total collection of RM16,998.04 for period between 27 September 1969 to 2 January 1970.

These facts are not challenged before us on appeal. The sole ground raised upon which the appellant relies revolves on a point of law not raised in the lower Court as follows:

3. The Learned Trial Judge should have held that the Disciplinary Authority for the purpose of the appellant category was the Public Services Disciplinary Board and not the Public Services Commission and should have held that the exercise of power of dismissal by the Public Services Commission w