‘Con­victed pub­lic ser­vants have no right to be heard’

The Sun (Malaysia) - - NEWS WITHOUT BORDERS -

PUTRAJAYA: Pub­lic ser­vants dis­missed from ser­vice due to crim­i­nal con­vic­tion or de­ten­tion un­der pre­ven­tive laws do not have the right to be heard in dis­ci­plinary pro­ceed­ings, the Fed­eral Court ruled.

Ap­peal Court pres­i­dent Tan Sri Md Raus Sharif said Ar­ti­cle 135 (2)(a) and (b) of the Fed­eral Con­sti­tu­tion took away a per­son’s right to be heard un­der those cir­cum­stances.

Md Raus chaired a five-man panel on Tues­day to de­cide on the case of for­mer po­lice chief in­spec­tor Mohd Azuan Aniffa, who was de­tained for two years from 2006 un­der the re­pealed In­ter­nal Se­cu­rity Act (ISA) 1960.

The panel had al­lowed the ap­peal, filed by the Bukit Aman po­lice dis­ci­plinary board chair­man, in­spec­tor-gen­eral of po­lice and the Malaysian gov­ern­ment.

The court over­turned a High Court and Ap­peals Court de­ci­sion to re­in­state Mohd Azuan, 48, and al­low him to re­ceive pay­ment for back­dated wages.

Mohd Azuan brought his mat­ter to court af­ter he was dis­missed from ser­vice ef­fec­tive Nov 26, 2008, on grounds that he was de­nied the right to be heard.

In his writ­ten judg­ment, Md Raus said based on the facts and cir­cum­stances, it was clear the in­ten­tion of the dis­ci­plinary au­thor­ity, on rec­om­men­da­tion by the depart­ment head, was to dis­miss Mohd Azuan be­cause of a crim­i­nal con­vic­tion.

He said there were er­rors in quot­ing the reg­u­la­tions in the sus­pen­sion and dis­missal let­ters but the er­rors were in­suf­fi­cient to vi­ti­ate the dis­ci­plinary board’s de­ci­sion to dis­miss Mohd Azuan from ser­vice.

“The re­spon­dent (Mohd Azuan) was dis­missed due to the de­ten­tion or­der that was made against him.”

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