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2021 MarsdenLR 3020

COURT OF APPEAL PUTRAJAYA
LEMBAGA TATATERTIB KUMPULAN SOKONGAN (NO 1) JABATAN PERLINDUNGAN HIDUPAN LIAR DAN TAMAN NEGARA & ORS....


Petitioner Advocates:Shahmin Amiza ,Respondent Advocate: Jessica Binwanis,Devana,Ramithra

JUDGMENT

Azizah Nawawi JCA:

Introduction

[1] This is an appeal against the decision of the learned High Court Judge dated 10 July 2019. The learned Judge has held that the Respondent had violated reg 24 of the Public Officers (Conduct and Discipline) Regulations 1993 ("1993 Regulations"), which states that a public officer who fails to turn up for duty without prior leave would result in disciplinary action being taken against the officer. In the present case, the Respondent was absent from work for fifty-seven (57) days and at the conclusion of the disciplinary proceedings, the Respondent was dismissed from service by the 1st Appellant and her appeal was dismissed by the 2nd Appellant.

[2] However, the learned Judge then held that based on the Show Cause letter dated 12 October 2016 (exhibit "MR-19"), the composition of the 1st Appellant had violated reg 2(2) of the 1993 Regulations, in that the Complainant against the Respondent was the 4th Appellant, who had sat as the Chairman of the 1st Appellant which decided to dismiss the Respondent. The learned Judge then quashed the decision of the 1st Appellant due to biasness of the 4th Appellant.

[3] Having considered the Appeal Records and


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