JUDGMENT

Azizah Nawawi CJSS:

Introduction

[1] These appeals arise from three judicial review ("JR") applications that was heard together. The applications were filed by the three Respondents (applicants in the High Court ), that is Mohd Aiman Bin Balpaki (Appeal 335/JR No 28), Mohd Idzuddin Bin Mazli (Appeal 326/JR No 29), and Mohamad Sufian Bin Abdul Hamid (Appeal 336/JR No 30).

[2] All three Respondents were members of the Royal Malaysia Police ("PDRM") and were subjected to disciplinary actions by the PDRM Disciplinary Board ("DB") for various charges of misconducts. The DB had found the respondents guilty of the disciplinary charges and issued sentences ranging from warnings to dismissal from service.

[3] The learned Judge has allowed the judicial review applications and quashed the disciplinary decisions by the DB of PDRM and ordered the respondents to be reinstated to their respective positions prior to their dismissal.

The Salient Facts

[4] The Respondents, Aiman, Idzuddin and Sufian joined the PDRM in 2012, 204 and 2014 respectively. Prior to their dismissal, Aiman and Sufian was a Lance Corporal, whilst Idzuddin was a Support Corporal.

[5] Via separate letters dated 6 July 2022 ("show cause letters") issued to the Respondents, disciplinary proceedings with a view to dismissal or reduction in rank were instituted against them pursuant to reg 37 of the Public Officers (Conduct and Discipline) Regulations 1993 ("1993 Regulations"). In this regard, Aiman faced ten (10) disciplinary charges, Idzuddin faced six (6) disciplinary charges, and Sufian faced seven (7) disciplinary charges.

[6] The Respondents faced similar/common charges in respect of the First to the Sixth Charges, which may be summarised as follows:

(i) 1st Charge - On 16 October 2021, at 3.00 pm. until 11.00 pm., the Respondents arrested and inspected four (4) foreign citizens namely Aung Pyay Nyein (Passport No: MC 242364), Van Bawi Uk (UNHCR No: 79100129908), Soaleh (Passport No: C3424778) and Musriyah binti Musliman (Passport No: C3424778) ("4 foreign citizens") at Jalan Kiara, Kuala Lumpur, in contravention of instruction in KPN(PR)10/3 dated 17 July 2019 and KPN(PR)58/2 dated 20 October 2017 - a disciplinary offence of being insubordinate under reg 4(2)(i) of the 1993 Regulations.

(ii) 2nd Charge - On 16 October 2021, at 3.00 pm. until 11.00 pm., the Respondents failed to report to the supervisor or the Officer in-Charge of Sri Hartamas Police Station, Brickfields District Police Headquarters, Kuala Lumpur about the arrest and inspection of the four (4) foreign citizens at Jalan Kiara, Kuala Lumpur, in contravention of instruction in PTKPN A110 para 33.1.20 - a disciplinary offence of being insubordinate under reg 4(2)(i) of the 1993 Regulations.

(iii) 3rd Charge - On 16 October 2021, at 3.00 pm. until 11.00 pm., the Respondents failed to report to the Control Centre of the Brickfields District Police Headquarters, Kuala Lumpur about the arrest and inspection of the four (4) foreign citizens at Jalan Kiara, Kuala Lumpur, in contravention of instruction in PTKPN A110 para 33.1.38 - a disciplinary offence of being insubordinate under reg 4(2)(i) of the 1993 Regulations.

(iv) 4th Charge - On 16 October 2021, at 3.00 pm. until 11.00 pm., the Respondents did not make any entry in the Station Diary (PDRM (A) 40) about the arrest and inspection of the four (4) foreign citizens at Jalan Kiara, Kuala Lumpur, in contravention of instruction in PTKPN A110 para 33.1.40 - a disciplinary offence of being insubordinate under reg 4(2)(i) of the 1993 Regulations.

(v) 5th Charge - On 16 October 2021, at 3.00 pm. until 11.00 pm., the Respondents did not make any entry in the Pocket Book (PDRM (A) 5) about the arrest and inspection of the four (4) foreign citizens at Jalan Kiara, Kuala Lumpur, in contravention of instruction in PTKPN A110 para 33.1.40 - a disciplinary offence of being insubordinate under reg 4(2)(i) of the 1993 Regulations.

(vi) 6th Charge - On 16 October 2021, at 3.00 p