Suffian LP

(delivering the judgment of the Court): Zainal bin Hashim, a police constable ("the plaintiff"), was on December 16, 1971, dismissed by the Chief Police Officer, Selangor, and the learned trial judge ruled ( [1975] 2 MLJ 262) that he had been wrongfully dismissed, and the Federal Government has appealed to us.

Power to appoint and dismiss P.Cs. is primarily with the Police Force Commission ("PFC"), Article 140 of the Malaysian constitution, but clause (6)(b) of that article allows the PFC to delegate this power to any member of the force. By an instrument of delegation dated August 18, 1971, exhibit D1B, the PFC delegated its power to appoint constables to the Inspector-General of Police and power to dismiss them to a Chief Police Officer among others.

Be it noted that the C.P.O. was not given power to appoint, only power to dismiss.

Tan Sri Mohd. Haniff bin Omar, then C.P.O. Selangor, dismissed the plaintiff, and the learned judge held, following the decision of this court in Government of Malaysia v Iznan bin Osman, [1975] 2 MLJ 61 FC FC that, as the C.P.O. had no power to appoint he had no power to dismiss a constable, that the dismissal was contrary to Article 135(1)