ABD RAZAK ATAN vs DATO AHMAD RAGIB MOHD SALLEH & ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2010 MarsdenLR 459

COURT OF APPEAL , PUTRAJAYA
ABD RAZAK ATAN – Appellant
Versus
DATO AHMAD RAGIB MOHD SALLEH & ORS – Respondent

Table of Content
1. dismissal process and facts of the case (Para 1 , 3 , 4 , 5 , 6)
2. judicial review criteria and process (Para 7 , 9 , 13)
3. arguments on procedural fairness and grounds (Para 10 , 11 , 14 , 32 , 33)
4. procedural requirements under go 26 (Para 18 , 19 , 25 , 28 , 34)
5. overall conclusion of appeal dismissal (Para 35 , 36 , 37)

Low Hop Bing JCA:

Appeal

[1] This is the appellant's ("the plaintiff's) appeal against the decision of the Kuala Lumpur High Court which dismissed with costs the plaintiff's writ of summons seeking judicial review and declaration that the dismissal of the plaintiff from service was wrong in law, null and void.

[2] We now set out our grounds for dismissing the plaintiff's appeal.

Factual Background

[3] At the time of dismissal, the plaintiff was attached to the Royal Malaysian Police, Bukit Aman, as a police inspector. Disciplinary action was taken against him pursuant to General Order 26 ("GO 26") of the Public Officers (Conduct and Discipline) (Chapter "D") General Orders 1980 ("the 1980 GO").

[4] The first respondent ("the first defendant") had issued a show-cause letter dated 23 November 1992 ("the show-cause letter") to the plaintiff, informing

Click Here to Read the rest of this document

2010 MarsdenLR 459

COURT OF APPEAL , PUTRAJAYAABD RAZAK ATAN – AppellantVersusDATO AHMAD RAGIB MOHD SALLEH & ORS – Respondent

Cases Referred (4)

COURT OF APPEAL , PUTRAJAYA
ABD RAZAK ATAN – Appellant
Versus
DATO AHMAD RAGIB MOHD SALLEH & ORS – Respondent