MOHAMAD HASSAN ZAKARIA vs UNIVERSITI TEKNOLOGI MALAYSIA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 MarsdenLR 574

COURT OF APPEAL PUTRAJAYA
MOHAMAD HASSAN ZAKARIA – Appellant
Versus
UNIVERSITI TEKNOLOGI MALAYSIA – Respondent

Table of Content
1. appellant's application for retirement rejected based on questionable grounds. (Para 1 , 3 , 5 , 9 , 10)
2. claims of procedural impropriety and bad faith. (Para 4)
3. the necessity for reasons in administrative decisions. (Para 6)
4. the appellant claims bad faith and procedural irregularities by the respondent. (Para 11 , 12 , 13 , 14)
5. judicial review and the assessment of evidence. (Para 15 , 17 , 19)
6. the court reviews procedural irregularities and the duties of the decision-maker. (Para 20 , 21 , 24)
7. right to reasons for administrative decisions. (Para 22 , 46)
8. court mandates reconsideration of the retirement application based on the legal principles established. (Para 60 , 71 , 79)

Mary Lim JCA:

Introduction

[1] The appellant is an Associate Professor of the Language Academy set up under the respondent, one of the public universities in the country. The appellant decided to retire early. He applied to the respondent for the necessary permission. His application was rejected. So, were his appeals. The appellant then applied to judicially review the respondent's decisions by seeking:

i. declaratory orders to the effect that the appellant is entitled and has f

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2017 MarsdenLR 574

COURT OF APPEAL PUTRAJAYAMOHAMAD HASSAN ZAKARIA – AppellantVersusUNIVERSITI TEKNOLOGI MALAYSIA – Respondent

COURT OF APPEAL PUTRAJAYA
MOHAMAD HASSAN ZAKARIA – Appellant
Versus
UNIVERSITI TEKNOLOGI MALAYSIA – Respondent