(delivering the judgment of the Court): This is an appeal from the decision of Mr. Justice Vohrah, refusing the appellant's application to strike out the respondent's claim.

The respondent was a school teacher attached to Sekolah Rendah Jenis Kebangsaan (C) Naam Kheung, Batu 3½ Jalan Cheras, Kuala Lumpur (referred to in the judgment as "NK School"). He joined the teaching service on January 1, 1953 first as a member of Unified Teaching Service. When this service was abolished upon the implementation of Abdul Aziz Salary Report (1971), on his option the respondent was accepted into the Government Teaching Service with effect from April 1, 1972 and was placed in the service as a Category B1 teacher. He thus, in the words of Encik Abdul Halim Shah bin Abdul Murad, an officer in the Ministry of Education which words are contained in his affidavit sworn on May 3, 1980, and agreed to by the respondent in his affidavit sworn on June 28, 1980, becomes "directable, deployable and transferable to perform teaching, administrative and other duties that may be reasonably required of him and also becomes subject to all Service Circulars, General Orders, Treasury Instructions and other rules and regulations applicable to members of the Public Service". The respondent has been teaching in NK School since January 11, 1965 and has been a category B1 teacher ever since he joined the Government Teaching service on April 1, 1972.

By letters dated December 31, 1979, July 9 and 12, 1980 Pengarah Pelajaran Wilayah Persekutuan (Appellant No. 1) informed the respondent that he was transferred to Sekolah Rendah Jenis Kebangsaan (C) Chung Hwa, Jerteh, Trengganu to whose Headmaster he was required to report for duty on February 1, 1980. The respondent protested against this transfer alleging that it was unjust and improper and also requested Appellant No. (1) to cancel it. As the request was not acceded to the respondent appealed to the Minister of Education, (Appellant No. 2) whose decision was finally conveyed to the respondent in a letter dated February 5, 1980 to the effect that the transfer had to remain and that the respondent had to abide by it.

Aggrieved by this decision, on February 14, 1980 the respondent sued Appellant No. (1) and Appellant No. (2) claiming a declaration that the impugned transfer was inoperative and void and that he is still "legally entitled" to continue teaching at NK School. He also asked for some other ancillary remedies. After further and better particulars were supplied to the appellants at the request of Mr. Lim Beng Choon Senior Federal Counsel acting on their behalf regarding the allegations made in the statement of claim, the appellants applied by summon-in-chambers to the court to have the statement of claim struck out on the ground that the issues raised in the statement of claim are non-justiciable and that they are otherwise scandalous, frivolous, vexatious and abuse of court's process. After hearing arguments in the open court, Mr. Justice L.C. Vohrah dismissed the appellants' application with costs. The reasons given by the learned judge as far as we can gather from his judgment is that the power of transferring an officer must be exercised by the transferring authority honestly, bona fide and reasonably and that as the statement of claim contains allegations of bad faith the respondent's suit must proceed to trial. He thus dismissed the appellants' application to strike out the statement of claim.

The respondent was transferred on the instruction of the Minister of Education under paragraph 16 of the Perintah-Perintah Am which is as follows: —

"Seseorang pegawai boleh diarahkan berkhidmat dimana-mana sahaja oleh Kerajaan melainkan ada syarat-syarat khas yang menetapkan sebaliknya."

(An officer may be directed to service anywhere by the Government unless there are terms and conditions providing otherwise.)

It is the respondent's case that the transfer of a government employee is reviewable by the