By agreement of the parties the matter herein was proceeded upon to be disposed under Order 33 and/or Order 14 of the Rules of the High Court as per the prayers in Enclosure 6.

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The issue for the Court's determination was whether the dismissal of the Plaintiff vide a letter dated 26.8.2002 is null and void and that the Plaintiff is still a police officer in the Police Force.

The undisputed facts as discernible from the affidavits filed in Enclosures 6A and 9 are as follows:-

1. On 15.11.2000, a police report was lodged against the

Plaintiff for falsifying documents to release 3 Indonesian

detained from the Police lock-up in Batu Pahat.

2. The Plaintiff was charged in Court for an offence under

Section 222 Penal Code and was convicted and fined

RM 1500.00 in default to 3 months imprisonment. The

Plaintiff paid the fine and did not appeal against the

sentence.

3. Pursuant to the said court conviction, the Head of the

Plaintiff's Department submitted a report to the

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Disciplinary Authority recommending that disciplinary action for the purpose of dismissal be taken against the Plaintiff under Regulation 33(a) Public Officers (Conduct and Discipline) Regulations 19