Abu Bakar Jais JCA:

Introduction

[1] This is an appeal lodged by the appellant against the decision of the learned High Court Judge ("HCJ") in dismissing an application pursuant to O 53 of the Rules of 2012 for judicial review. The relief sought by the appellant was for an order of certiorari to quash the 1st respondent's decision to dismiss the appellant from public-service.

[2] Also sought by the appellant was a declaration that the appellant was at all material times, and still is, an employee of the 2nd respondent and is therefore entitled to his salaries and benefits from the date of his dismissal.

Background Facts

[3] The appellant was a Diplomatic Officer Grade M44, placed in the Ministry of Foreign Affairs as the Second Secretary (Political, Economy, Training and Education) of the 2nd respondent.

[4] At the material time, 11 January 2017, the appellant was stationed and held his post at the Malaysian Embassy in Manila, Philippines.

[5] He had posted comments on the Facebook of the then Prime Minister of Malaysia, Dato' Sri Mohd Najib bin Tun Abdul Razak ("DS Najib"). The appellant's comments then led to disciplinary action being taken against him.

[6] Upon learning of the