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1994 MarsdenLR 1589

TUN DATO SERI HAJI ABDUL HAMID BIN HAJI OMAR, TAN SRI DATUK EDGAR JOSEPH, DATO MOHAMED DZAIDDIN BIN HAJI ABDULLAH
HAJJAH HALIMATUSSAADIAH BINTI KAMARUDDIN – Appellant
Versus
PUBLIC SERVICES COMMISSION MALAYSIA – Respondent


Advocates:
For the appellant - Karpal Singh; M/s. Karpal Singh &Co. For the respondents - Lim Heng Seng, Senior FederalCounsel

JUDGMENT

Mohamed Dzaiddin Bin Haji Abdullah SCJ:

The appellant was formerly a clerk attached to the office of the Perak State Legal Adviser, Ipoh, until her dismissal from public service on 16 December 1986. It was a well-known fact that the appellant had been wearing a black "purdah" as part of her daily attire during officer hours. The "purdah" covered the whole of her body from head to foot, leaving only a slit in front of her face, exposing her pair of eyes.

On 18 February 1985 the Government of Malaysia issued Service Circular No. 2 of 1985 pertaining to dress code for civil servants. Under paragraph 2.2.1, women officers were prohibited from wearing jeans, slacks, shorts and any dress which covered the face during office hours. The service circular applied to all the staff of the State Legal Adviser's office, Ipoh. In the case of the appellant, her attention was particularly drawn to it whereby she was advised by the then State Legal Adviser not to wear any clothes which covered her face. Unfortunately, she took no notice of the advice and persisted in wearing the same attire during work on the ground that as a Muslim, she was required by the Quran and hadith of the Prophet

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