Mahadev Shankar JCA:

[1] The appellant unsuccessfully applied to the High Court for a declaration that his reduction in rank was void, and for consequential relief including damages. We dismissed his appeal with costs. Our reasons now follow.

[2] The appellant was a senior clerical officer in the State Treasury Office in Seremban. On 26 August 1986 there was an incident in the office between the appellant and his Head of Department Encik Sofian bin Kochik. On 1 September 1986 the appellant was transferred to the District Office at Jempol. His superior here was the District Officer Ismail bin Dolah Harun.

[3] By a letter dated 21 May 1987 the second defendant (the Public Service Commission (the PSC)) required the appellant to show cause why disciplinary action by way of dismissal or some lesser punishment should not be taken on account of two charges. The first related to the incident aforesaid. It was alleged that the appellant had shouted at Encik Sofian and in the course of doing so had punched the table and broke the glass top thereby committing an act of misconduct. The second charge related to absences from office on 46 diverse dates between 11 May 1986 to 30 August 1986.

[4] On 16 June 1987 the appellant sent a very long four-page letter in answer to the charges. The letter is so very detailed that it cannot be contended that the appellant did not ensure that he made sure he said all he could at that stage. In effect he admitted the facts in the first charge but claimed he had acted on a sudden outburst and without pre-meditation. He did not deny he broke the glass table but said he did so "to emphasise a point". As to second charge he pointed out that of the 46 days listed, one was a Saturday afternoon, one was a Sunday, two were Public Holidays, and three were "rest days". He then listed in detail the mitigating circumstances why he was not at his place of work. He pleaded that the punishment inflicted should not be dismissal but something lighter. His exact words were:

Oleh yang demikian sekali lagi saya memohon maaf di atas segala perbuatan saya yang telah terlanjur. Saya memohon belas ikhsan tuan agar saya diberikan peluang terakhir. Hukumilah saya dengan lain-lain hukuman yang lebih ringan yang difikirkan patut selain daripada menerima hukuman buang kerja atau pun turun pangkat.

[5] The second defendant considered these representation at a formal meeting on 14 September 1987 and decided that the appellant be punished by a reduction in rank from senior clerical officer to clerical officer. This decision was communicated to him by a letter dated 26 September 1987.

[6] Upon receipt of it the appellant sent an appeal by letter dated 10 October 1987. This is again a very long three-page letter. He now claimed that he only admitted the charges because he was asked to do so by his superior Encik Ismail. His material words are as follows:

(b) Kenyataan ini tidak saya sebutkan di dalam jawapan saya terhadap pertuduhan tuan melalui SPA SULIT 44769/3/10 bertarikh 21 Mei 1987. Kerana mematuhi dan menghormati nasihat Tuan Pegawai Daerah Jempol selaku Ketua Jabatan saya supaya menjawab semua pertuduhan tuan secara positif mengaku dan meminta maaf di atas kesalahan yang telah dilakukan. Ini dibuat dengan harapan agar pihak tuan akan menimbangkan hukuman yang lebih ringan daripada menerima hukuman turun pangkat.

[7] Encik Ismail supported the appeal with his own letter dated 13 October 1987 in which he said:

2. Saya mengesahkan kenyataan beliau di para 3(b) adalah benar dengan harapan agar beliau akan diberi peluang yang akhir sebelum tindakan menurunkan pangkat atau memberhentikan beliau diambil.

[8] The PSC considered this appeal on 21 March 1988 and rejected it. The rejection was confirmed by letter dated 30 March 1988.

[9] At this juncture we wish to draw the attention of all concerned to O 53 r 1A of the Rules of the High 1980. Applications for certiorari must be made within six weeks of the decision which is impugned. Leave is