Abdul Hamid Mohamad JCA:

The appellant was the plaintiff in the High Court. He filed a suit against the respondents seeking a declaration, in brief, that his dismissal as a police officer was null and void, and consequential orders. The High Court dismissed his action. He appealed to this court. We dismissed the appeal. Here are our grounds.

The appellant joined the Police Force in 1960. He rose to the rank Assistant Superintendent of Police (ASP). He held this rank until his dismissal.

On 30 September 1994, a show cause letter with a view to disciplinary action against him was forwarded to him. On 17 November 1994 the appellant made a written representation to the first respondent. By a letter dated 9 August 1996, the appellant was informed that he was dismissed from the force with effect form 29 June 1996. At the time when he received the letter of dismissal, he had passed his mandatory retirement age which fell on 7 July 1996 but his services were extended until the day the decision to dismiss him was made.

Two grounds were argued before us. The first ground was the delay of one year and eight months for the first respondent to make its decision to dismiss the appellant