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 plaintiff's service under reg. 44 of Cap. D.

On 20 March 1970, when the head of the plaintiff's department was the Chairman of the Special Commissioners of Income Tax, a letter (Exh. A7 at p. 157 of the Appeal Record) was written by the Director of the Public Services Department to the plaintiff informing him that his service would be terminated under reg. 44 of Cap. D as soon as he had taken all the leave for which he was eligible and that his pension will be worked out according to the Pensions Ordinance, 1951. An English translation of that letter reads:

JPA SULIT NP/7046/SJ 13/13 Public Services Commission, Malaysia, Rumah Persekutuan, Jalan Sultan Hishamuddin, Kuala Lumpur.

20 March 1970.

(Promotion and Discipline Section)

Sir,

I have been directed to inform you that in the exercise of the power conferred under s. 10(d) of the Pensions Ordinance, 1951, the Government has decided to pension you off in the public interest. According to reg. 44 of the Public Officers Regulations (Conduct and discipline) (General Orders, Cap'D') 1969 your service

will be terminated as soon as you have taken all the leave for which you are eligible. Your eligibility for pension will be worked out according to the Pensions Ordinance, 1951.

Yours obediently,

Sgd (Tan Sri Syed Zahiruddin b Syed Hassan) Director of Public Services, Malaysia. Enche Mahan, Singh, Office of the Special Commissioner, Income Tax Kuala Lumpur.

It should be noted that the plaintiff was born on 27 May 1921, and was not yet 49 when he received A7. Normally under the Pensions Ordinance he could have worked until the age of 55 when he would have retired with a bigger pension. He wanted to work until age of 55. So he appealed to the Director of Public Services, Malaysia. A translation of his appeal is as follows: "(Confidential)

Mahan Singh, Setiausaha, Pejabat Pesurohjaya Khas Chukai Pendapatan, Bangunan Sharikat Polis.

3 April 1970. The Chief Registrar, High Court Registry, The Law Courts, Kuala Lumpur.

Through:

Chairman,

Special Commissioners Income Tax,

Kuala Lumpur.

Sir,

I have the honour to forward herewith a copy of the letter JPA Sulit NP/7046/SJ 13/13 dated 20 March, 1970 from the Director of Public Services, Malaysia which was received on 31 March 1970 for your views. I shall be grateful if you will forward my grounds of appeal to the Director of Public Services, Malaysia:

(a) I was taken by surprise in receiving this letter. I do not know at all that something was going on behind my back. I was not given any opportunity to explain and to clear myself from any allegation against me.

(b) I have been in the Government Service for 23 years honestly and diligently, even up to this very moment my annual confidential reports from various Presidents of the Sessions Court can be r