Salleh Abas LP

(delivering the judgment of the court): The respondent joined the Royal Malaysian Police Force as a constable in 1969. He was promoted to a probationary police inspector in 1976. Whilst serving in Seremban as an investigating officer, he received a letter dated May 14, 1980 from the police headquarters in Kuala Lumpur alleging him to be guilty of three instances of irresponsible conduct relating to his work as an investigating officer. The letter required him to give an explanation against the allegations.

On receipt of this letter, the respondent wrote his reply dated June 7, 1980, giving his explanation to the allegations. It was only after a lapse of more than a year that he was informed (vide the police headquarters letter dated August 21, 1981) to the effect that his explanation was not accepted and that as a punishment he was demoted back with immediate effect to his former rank of police constable, plus a total fine of three days' salary. Feeling ashamed and humiliated, he tendered his resignation in June 1983, but his resignation had yet to be accepted. Subsequently, he instituted a suit against the Inspector-General of Police (IGP) and the Government of Mala