JUDGMENT

Zaki Tun Azmi PCA:

[1] Leave was granted to refer to this court the following four questions:

(i) Whether the court could place itself in the shoes of the disciplinary authority acting under the general orders in determining whether a particular procedure is fair or not.

(ii) In considering whether or not disciplinary proceedings under the general orders were procedurally fair, must regard be given to the length of time taken for initiating the disciplinary proceedings, the nature of the charge and the reasons for the length of time taken.

(iii) Whether it is the court, and not the disciplinary authority to decide whether the officer had, in his written representation, exculpated himself from the charges preferred against him.

(iv) Whether the disciplinary authority acting under the general orders ought to have granted the respondent an opportunity to be heard orally notwithstanding that he did not ask for an oral hearing.

[2] At the outset, perhaps I should mention these grounds of judgment took longer to be prepared since parties requested time to provide supplementary written submissions the last of which we did not receive until recently.

[3] This appeal relates to the