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2000 MarsdenLR 1509

GOPAL SRI RAM, MOKHTAR SIDIN, SITI NORMA YAAKOB
LEMBAGA TATATERTIB PERKHIDMATAN AWAM HOSPITAL BESAR PULAU PINANG – Appellant
Versus
UTRA BADI K PERUMAL – Respondent


Advocates:
For the appellants - Asmabi Mohamad SFC (Azizah Nawawi FC with her) For the respondent - Eric Paulsen; M/s Karpal Singh & Co[Appeal from High Court, Pulau Pinang; Suit No: 22-322-91]

Table of Content
1. importance of procedural fairness. (Para 4 , 5)
2. key documents and their significance. (Para 6 , 7 , 8)
3. findings from evidence and arguments. (Para 9 , 10)
4. court's reasoning and firm grounds for procedural fairness. (Para 11)
JUDGMENT

Gopal Sri Ram JCA:

As long ago as March 1991, the respondent was dismissed from the public service. On 6 November 1991 he instituted proceedings for wrongful dismissal. His action was heard and disposed off on 30 May 1996. The learned judge who tried the action held that the respondent had been wrongfully dismissed. He granted the respondent the relief sought by him. The appellants being dissatisfied with the decision appealed to this court. Their appeal was heard and dismissed on 3 May 1999.

The issue in this appeal concerns the right to procedural fairness. It is a constitutional right. It forms one of the cornerstones of our public law jurisprudence. It is an issue which our courts have already dealt with in several cases. See, Kanda v. The Government of Malaya 1962 MarsdenLR 437, Rohana bte Ariffin & Anor v. Universiti Sains Malaysia 1986 MarsdenLR 72; [1989] 1 MLJ 487; Tan Tek Seng V. Suruhanjaya Perkhidmatan Pendidikan &

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