A public body cannot transfer an employee to a private entity as it is ultra vires the statutory powers and contradicts the employment contract terms.

Gunalan Muniandy JCA:

Introduction

[1] The Appellant's appeal is against the decision of the learned Judge of the High Court ['LJ'] dated 12 November 2021 dismissing the Appellant's Judicial Review Application.

Background Facts

[2] By a letter of offer of employment dated 20 January 2012, the 1st Respondent offered the Appellant a position as "Pegawai Perubatan Gred 27" in the organization ['PERKESO'].

[3] By a letter of acceptance dated 30 January 2012, the Appellant accepted the said offer. Effective 2 February 2012, the Appellant held the position of a "Pegawai Perubatan Gred 27".

[4] By letter dated 30 September 2014, the 1st Respondent wrote to the Appellant to confirm his position as a "Pegawai Perubatan Gred 27". The Appellant's confirmation was backdated to be effective from 2 February 2013.

[5] By letter dated 11 January 2017, the Appellant wrote to the 1st Respondent to apply for study leave (without pay) from 20 February 2017 until July 2019 to pursue a Master of Social Sciences degree at Waikato University Hamilton, New Zealand.

[6] By a memorandum ['memo'] dated 13 February 2017, the 1st Respondent informed the Appellant that his application for study leave (without pay) from 20 February 2017 until 31 July 2019 was not approved

[7] By letter dated 14 March 2017, the Appellant wrote to appeal to the 1st Respondent against the non-approval of his application for study leave (without pay). The Appellant informed the 1st Respondent that he had obtained a deferment of the said course which would then begin from 3 July 2017 to 31 December 2019.

[8] By a memo dated 22 March 2017, the 1st Respondent informed the Appellant that it was unable to consider the Appellant's appeal.

[9] By a further letter dated 14 September 2017, the Appellant wrote to the 1st Respondent to reconsider his appeal against the non-approval of his application for study leave (without pay). The Appellant informed the 1st Respondent that he had obtained a further deferment of the said course to begin from 19 February 2018 until 31 August 2020.

[10] By a memo dated 23 October 2017, the 1st Respondent wrote to the Appellant to inform him that his application for study leave (without pay) to pursue a Master of Social Sciences degree at the Waikato University, Hamilton, New Zealand from 19 February 2018 until 31 August 2020 was not approved on the basis of "kepentingan perkhidmatan".

[11] By a letter dated 9 January 2018, the Appellant then wrote to the then Minister of Human Resources to appeal against the 1st Respondent's decision to not approve his application for study leave (without pay). The Appellant did not receive any reply from the then Minister of Human Resources.

[12] On 19 January 2018, the transfer of the Appellant to Pusat Rehabilitasi PERKESO Tun Abdul Razak in Melaka by R1 effective 22 January 2018 was not interfered with by R2.

[13] The Appellant filed an application for judicial review proceedings (encl 12) under O 53 of the Rules of Court 2012 (ROC) to seek the following reliefs:

(a) an Order of Certiorari to move into the High Court and quash the decision of the 1st Respondent as set out in their memorandum dated 19 January 2018 transferring the Applicant to PERKESO Tun Abdul Razak Rehabilitation Centre in Melaka;

(b) an Order of Ce