Raja Azlan Shah CJ (Malaya):

This appeal is against the judgment of the learned Judge dismissing an application by the plaintiff (appellant before us) for summary judgment in an action brought by the appellant against the Universiti Teknologi Malaysia (respondents before us) for a declaration that the purported dismissal by the respondents (whom we shall call "the University") of the appellant was ultra vires, illegal and void and that the appellant is entitled to be paid his salary and all emoluments as from the date of the purported dismissal.

The appellant was during the material period an Assistant Lecturer employed by the University. He was granted leave for period 21 to 24 June 1978, for the purpose of participating in the General Election. As he found the period insufficient he sent a telegram requesting for extension of leave which request was refused. Unfortunately, the letter refusing the leave was never received by the appellant but nevertheless he proceeded to go on leave without approval. On 13 July 1978, the secretary of the disciplinary committee wrote a letter to the appellant to show cause in writing why disciplinary action should not be taken against him.