Gopal Sri Ram JCA:

Introductory Remarks

[1] This is an appeal from the decision of Ong See Seng J, dismissing the plaintiff's claim for a declaration that his dismissal from the Police Force is null and void as being in breach of art 135(2) of the Federal Constitution and for consequential relief. At the conclusion of argument on 17 January 1995, we allowed the appeal, indicating at the time that reasons for the decision would be given and these are now delivered. For convenience I will refer to the parties before us as 'plaintiff and 'defendants' respectively.

The Facts

[2] The plaintiff was, until his dismissal that is the subject of the present challenge, a member of the Royal Malaysian Police Force holding the rank of assistant superintendent. On 16 December 1988, the Secretary of the Police Services Commission (the 1st defendant) wrote to the plaintiff informing him of the Commission's decision to institute disciplinary proceedings against the plaintiff under para 26 of Cap. "D" of the General Orders to which the plaintiff was subject. In the same letter there were formulated four charges upon which the Commission required the plaintiff to respond. In a gist, the charges i