LEE HUN HOE, BORNEO, ONG HOCK SIM, SUFFIAN
GOVERNMENT OF MALAYSIA – Appellant
Versus
MAHAN SINGH – Respondent
Suffian LP (read by Ong Hock Sim FJ):
The plaintiff joined Government service on 15 February 1947, as a Clerk and Punjabi Interpreter. On 1 October 1949, he was put on the permanent establishment. He served as Registrar of the Sessions Court from 1 April 1961, to 30 November 1969. On 1 December 1969, he was transferred to the office of the Special Commissioners of Income Tax at Kuala Lumpur.
While he was working with the Special Commissioners of Income Tax, a report dated 3 January 1970, on his conduct and work was received by the Director of Public Services Department from the Secretary to the Ministry of Justice under reg. 44 of the Public Officers (Conduct and Discipline) (General Orders, Cap. D) Regulations, 1969, published on 29 July 1969, as PU(A) 273, hereinafter referred to as Cap. D That report is privileged under s. 123 of the Evidence Act and no copy was ever supplied to the plaintiff. The Secretary to the Ministry of Justice was the head of the department in which the plaintiff had served immediately prior to his transfer to the Special Commissioners of Income Tax.
The report was referred to the Director of Operations, who agreed to the termination of the pla
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