JUDGMENT

Abdul Malek Ahmad FCJ:

Leave had been granted by this court on 10 July 2000 on the following questions:

1.Whether a show cause letter issued by a Public Service Disciplinary Authority which directed a member of a public service's attention to the possibility of punishment of dismissal or reduction in rank sufficiently complied with the provisions of art. 135(2) of the Federal Constitutionthat no member of a public service shall be dismissed or reduced in rank without being given a reasonable opportunity of being heard?; and

2.Does art. 135(2) of the Federal Constitutionrequire the relevant disciplinary authority to afford the public officer an oral hearing?

The respondent was employed as a hospital attendant at the Penang General Hospital. No less than nineteen letters pertaining to the matter dated between 30 August 1990 to 25 July 1991 have been included in the appeal record but, for effect, we will refer only to the relevant ones. The first appellant issued him a show cause letter dated 31 January 1991 to institute disciplinary proceedings for dismissal or reduction in rank on the grounds that the respondent's urine sample taken on 5 May 1990 was positive of morphine in