MOHD.AZMI, HASHIM YEOP SANI, RAJA AZLAN SHAH
LOOT TING YEE – Appellant
Versus
TAN SRI SHEIKH HUSSAIN SHEIKH MOHAMED – Respondent
Raja Azlan Shah LP:
The appellant is a teacher at Sekolah Rendah Jenis Kebangsaan (China) Naam Kheung, Batu 3½, Jalan Cheras, Kuala Lumpur. He was ordered to go on transfer to Sekolah Rendah Jenis Kebangsaan (China) Chung Hwa, Jerteh, Trengganu, videSelangor Education Department letter dated 12 January 1980. He refused to comply with the transfer order. He appealed to the education authority to cancel the said order but was not successful. On 11 April 1980, the Secretary-General of the Ministry of Education directed him to present himself to the Headmaster of the school in Jerteh as early as possible. He again refused to do so. In the meanwhile, on 14 April 1980, he filed a suit in the High Court, Kuala Lumpur asking for a number of declarations, the main one being the declaration that the purported transfer was void and of no effect. While the suit was still pending the Education Service Commission on 9 June 1980, sent a notice to him to show cause why he should not be dismissed from the teaching service. The notice also carried several charges against him relating to acts purportedly in violation of several provisions of the Public Officer (Behaviour and Discipline) Regu
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