Peh Swee Chin FCJ:

[1] We have earlier dismissed this appeal and indicated we would give our reasons later. We hereby do so now.

[2] The appeal was against the order of the Court of Appeal confirming an order of High Court at Ipoh which had earlier dismissed the appellant's writ action for declarations that his dismissal as a chief store keeper of the Prison Department be declared void; and an enquiry be heard into arrears of salary etc.

[3] Summarising the facts which were not disputed; briefly the appellant joined the government service in 1960 and rose to the rank of chief store keeper at the detention camp at Kamunting, Taiping at the time of his disputed dismissal. According to the appeal, he had incurred heavy debts in trying to assist his father in the latter's bicycle business, that being pursued by creditors, he sought the advice of one Dato' Ibrahim, the head of his department who advised him in effect to present against himself a bankruptcy petition as a debtor for an indebtedness to the tune of more than RM300,000.

[4] It is to be borne in mind that under the former Public Officers (Conduct and Discipline) (Chapter D) General Orders 1980 applicable to the present ap