Lord Hodson:

This is an appeal from the judgement of the Federal Court of Malaysia dated 21 February 1964 dismissing (Lord President Thomson dissenting) the appellants appeal from the judgement of Ong Hock Thye J dated 3 May 1960 refusing the appellant's application for an order of certiorari and mandamus. The judgment of their Lordships was delivered by,

The appellant prayed for an order to quash a decision of the Public Services Commission, the respondent to this appeal, terminating his appointment as a Probationary Assistant Passport Officer in the External Affairs Service of Malaysia.

The appellant also sought as consequential relief an order of "mandamus" requiring the respondent to reinstate him in the post from which they had removed him, but this application is no longer pursued.

The appellant was given no opportunity of being heard in his own defence before his appointment was terminated and he maintains that under the Constitution his employment could not be terminated without such opportunity having been given to him. The following Articles contained in P X of the Constitution of Malaysia under the heading of "Public Services" are material.

132. (1) For the purposes of this Constitution, the public services are

. .. (c) The general public service of the Federation;

135. (1) No member of any of the services mentioned in paras. (b) to (g) of cl (1) of Article 132 shall be dismissed or reduced in rank by an authority subordinate to that which, at the time of the dismissal or reduction, has power to appoint a member of that service of equal rank.

(2) No member of such a service as aforesaid shall be dismissed or reduced in rank without being given a reasonable opportunity of being heard.

(3) No member of any of the services mentioned in paras. (e), (f) or (g) of cl (1) of Article 132 shall, without the concurrence of the Judicial and Legal Service Commission, be dismissed or reduced in rank or suffer any other disciplinary measure for anything done or omitted by him in the exercise of a judicial function conferred on him by law.

139. (1) There shall be a Public Services Commission, whose jurisdiction shall, subject to Article 144, extend to all persons who are members of the services mentioned in paras. (c) and (f) of cl (1) of Article 132. . .

144. (1) Subject to the provisions of any existing law and to the privisions of this Constitution, it shall be the duty of a Commission to which this Part applies to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer and exercise disciplinary control over members of the service or services to which its jurisdiction extends.

By virtue of the Eleventh Schedule to the Constitution, Article 160, the power to appoint includes the power to dismiss. The crucial article for the purposes of the appeal is 135(2) which places a Constitutional limitation on the power to dismiss a public servant such as the appellant.

The facts leading up to this application are these: - Advertisements were issued in the Malay Mail and the Malaya Government Gazette on 19 February and 7 March respectively inviting applications for the post of Assistant Passport Officer for service in the Federation of Malaya Government Overseas Missions. Applicants would be selected according to the following order of preference: -

(i) Serving Assistant Passport officers and serving Junior Assistant Passport Officers in the immigration department who have had not less than five years' service and possess School Certificate.

(ii) All serving Government officers who have had five years' service and who possess School Certificate.

(iii)Persons not in Government Service who have School Certificate with a credit in English, and who have attained the age of 22 but have not attained the age of 30.

Applications were to be made to the Secretary, Public Services Commission (Designate). After the date of the advertisements and until Merdeka Day (31 August 1957) this Commiss