Syed Agil SCJ:

This is an appeal against the decision of the High Court Judge, Alor Setar, Kedah, made on 10 August 1986 in favour of the respondent and inter alia declaring that the decision of the Kedah Football Association (KFA) imposing a ban on the respondent from playing football for a period of three years is a nullity. The two appellants are the President and the Honorary Secretary of KFA respectively at the material time.

According to the undisputed facts, the respondent was employed by the Kedah Regional Development Authority (KEDA) as an assistant clerk at a monthly salary of RM370. KEDA is a body corporate with perpetual succession and a common seal established under the Lembaga Kemajuan Wilayah Kedah Act 1981 (Act 249). To enable its officers and employees to participate in sports activities, KEDA has established a sports club of its own and it possesses a constitution registered with the Registrar of Societies as Kelab Kebajikan Kebudayaan dan Sukan (KEDA CLUB). It is also an affiliate member of KFA and its team has participated in football matches organised by KFA within the State. The respondent represented KEDA in soccer and from time to time has played for the Kedah State football team.

On 3 December 1985 the respondent tendered notice of resignation with KEDA by sending a telex dated the same date in Bahasa Malaysia presumably from Kuala Lumpur. The telex reads as follows:

I, Karim bin Pin do hereby tender my 24 hours resignation notice. In accordance to the terms of my employment I shall be forwarding my one month salary.

Yours faithfully,

Karim bin Pin.

On the evening of the same day, he played a friendly game of football for Talasco Diadora against Cheq Point in K.L. About ten days later, to his astonishment, the respondent discovered by reading in the Soccer Column of the New Straits Times and the Star Edition of 13 December 1985 that the KFA Disciplinary Committee had imposed a ban on him from playing football for a period of five years with effect from 3 December 1985. On 20 December 1985 he wrote a letter to the second appellant as the Secretary of KFA complaining inter alia that he had not been given any opportunity to appear and defend himself against the alleged charges against him and of his intention to appeal against the decision. he received a reply from the second appellant dated 22 December 1985 conveying the decision of the Disciplinary Committee and informing the respondent that in the Committee's view it was not necessary for the respondent to defend himself before the Committee:

Encik Karim bin Pin,

Talasco Insurance Sdn. Bhd.,

Bangunan Tuanku Abdul Rahman,

50100 Kuala Lumpur.

Re: Decision of the Disciplinary Committee of KFA on 12 December 1985 at 3.00 p.m. at Wisma Negeri, Alor Setar.

With due respect I enclose herewith the Decision of the Disciplinary Committee of KFA as mentioned above which contents are clear for your information.

The Disciplinary Committee of KFA is of the opinion before this that it was not necessary for your presence to defend yourself as the offence which was committed by yourself was publicised through the press and also was admitted by you personally with the meeting with me on 8 December 1985. It is understood, that the aforesaid Disciplinary Committee decision is based on facts which are clear and simple.

Thank you.

"Hail sport for the nation"

Yours faithfully,

Sgd.

(Dato' Ahmad bin Mohd. Akil, DSDK., BCK.)

Honourable Secretary,

Kedah Football Association.

The respondent was found to have contravened certain articles of the constitution of the KFA as indicated by the following allegations:

(1) firstly, by acting in a manner that is not in line with the discipline required of a State player, i.e., by failing to attend the State team training from 3 December till 12 December 1985 after his return from SEA games with the National team and in the circumstances failing to inform the KFA that he would be representing another team outside the State of Keda