Arifin Zakaria Chief Justice:

I have had the advantage of reading the judgment of my learned brother Mohd Ghazali bin Mohd Yusoff (FCJ), I agree that the appeal should be allowed on the premise that there was no request from the respondent for the appointment of committee of inquiry under general order 26(5) of the General Orders 1980. As such, the disciplinary board should not be faulted for failing to do so. I would, therefore, allow this appeal on that narrow ground.

I should also add that the facts in the present case can be distinguished from that of Mat Ghaffar bin Baba v Ketua Polis Negara & Anor Yusof bin Sudin v Suruhanjaya Perkhidmatan Polis & Anor B Surinder Singh Kanda v The Government of the Federation of Malaya

In the present case, the respondent did not at any stage request for an oral hearing or for any document to be furnished to him. Therefore, he could not complain that such right was not afforded to him. It is for him to request for an oral hearing or for any document that he thinks could help him to prepare his answer to the charges levelled against him. In Mat Ghaffar bin Baba and Yusof bin Sudin, a request for oral hearing was made by the officers concerned, bu